COMMONS AMENDMENT. (Hansard, 15 February 1944)

§ THE LORD CHANCELLOR

I move that this House do agree with the Commons in their Amendment. I must explain in a few words what the object of the Amendment is. This Bill, your Lordships may remember, originated in the House of Lords, but when it went to the Commons it was noticed that there was an omission which should be made good. The Bill deals with the requisition of premises which are at the time held under lease, and the two main provisions of the Bill as it left this House were these. When in consequence of the requisition the tenant had to go out and the requisitioning authority went in, the expelled tenant was not to remain liable during the requisition for repairs under the covenant. The second provision was that if, when the requisition came to an end, the tenant was left with some part of his lease still to run, he should not be compelled to pay compensation for damages under his covenant in a case where the landlord was entitled to get from the requisitioning authorities the necessary compensation.

769 Everybody agrees that these were very proper provisions to make. But there is a third case which was overlooked. It is the case where the tenancy ceases before the requisition comes to an end. In that event the tenant, it is true, could not, under the Bill as it stands, actually be forced to pay until the requisition ended. But the landlord might have a claim against the tenant which would presumably become effective when the requisition came to an end. That would not be right because it might be, and sometimes is, the case that the requisitioning authority does not pay compensation but makes good the damage and leaves the landlord with a place that is quite undamaged. In those circumstances your Lordships will, I think, agree the landlord ought not also to have the right under his covenant to sue the tenant when the requisition comes to an end. It is that case which was overlooked and it is that case which is met by the words of the Amendment. I beg to move.