§ Amendments reported (according to Order).
§ Clause 6:
§ Notice of increase of rent.
§ 6.—(1) The comity court shall have power to amend a notice of intention to increase rent, whether served before or after the passing of this Act, by correcting any errors and supplying any omissions therein, which, if not corrected or supplied, would render the notice invalid, on such terms and conditions us respects arrears of rent or otherwise as appear to the court to he just and reasonable, and if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.
§ LORD BUCKMASTER had an Amendment on the Paper to move, at the beginning of the clause, after "Court," to leave out: "shall have power to amend a notice of intention to increase rent, whether served before or after the passing of this Act," and insert "if satisfied that any error or omission in a notice of intention to increase rent, whether served before or after the passing of this Act, is due to a bonâ fide mistake on the part of the landlord, shall have power to amend such notice."
1428§ EARL BEAUCHAMPOn behalf of my noble and learned friend Lord Buck-master, I beg to move the Amendment that stands in his name.
§
Amendment moved—
Page 8, line 41, leave out from ("court") to ("by") in line 43 and insert ("if satisfied that any error or omission in a notice of intention to increase rent, whether served before or after the passing of this Act, is due to a bona fide mistake on the part of the landlord, shall have power to amend such notice").—(Earl Beauchamp.)
THE EARL OF ONSLOWI have great pleasure in accepting my noble friend s Amendment. I am glad that we have been able to rive effect to some of the proposals put forward by the noble and learned Lord on Committee stage.
§ On Question, Amendment agreed to.
§ Clause 18:
§ Certificates of sanitary authorities and definition of repairs.
§ (2) On any application to a county agricultural committee for a certificate for the purpose of paragraph (ii) of subsection (1) of Section five of the principal Act, a fee shall be payable by the applicant to the county agricultural committee of such amount as the Minister of Agriculture and Fisheries shall by regulation determine.
§ THE EARL OF ONSLOW had an Amendment on the Paper to add to subsection 2 "and if the Committee as a result of such application issues a certificate to a landlord, the certificate shall be sufficient evidence that the dwelling-house is required by the landlord for the purpose therein mentioned unless the contrary is proved."
§ The noble Earl said: Your Lordships will remember that on the occasion of the Committee stage I informed my noble friend Lord Dynevor that we were not able to accept the whole of his Amendment, but that I trusted that on Report stage, I should be, able to lay before your Lordships a proposal which, to a certain extent, might meet his views and those whom he represents. I understand, however, that since this Amendment was drafted, and since I put it on the Paper, attention has been drawn to the fact that already powers exist, owing to a decision of the High Court, which go further than it is proposed to go in this Amendment, and which to a certain extent meet the 1429 views of my noble friend and those whom he represents. Therefore my noble friend will perhaps prefer that I should not move the Amendment. Of course, if ho does desire it, I shall be glad to proceed with the Amendment.
§ LORD DYNEVORAs my noble friend has just pointed out, on the Committee stage of this Bill I moved an Amendment which my noble friend was unable to see his way to accept. But my Amendment went a great deal further than the Amendment which the noble Earl has put on the Paper. I thank him for trying to meet me, but I am afraid his Amendment would not secure what I had in mind, which was to simplify the procedure and to bind the courts to accept the agricultural committee's certificate. I would much rather have, the Bill as it stands, and, it the noble Earl will be kind enough, I would prefer that he did not move his Amendment.