HL Deb 08 July 1954 vol 188 cc647-8

Page 60, line 47, leave out from beginning to end of line 10 on page 61, and insert:— ("(c) the court makes an order for the recovery by the superior landlord of possession of the property comprised in the tenancy, the tenant shall not be required to give up possession of that property unless he has been a party to the proceedings or has been given notice of the order; and the provisions of the next following sub-paragraph shall have effect where he has been such a party or has been given such a notice:

Provided that where the tenant has been a party to the proceedings the said provisions shall not apply unless he has at any time before the making of the order made application in the proceedings for relief under this paragraph.

(2) If the tenant within fourteen days after the making of the order, or where he has not been a party to the proceedings, within fourteen days after the said notice, gives notice in writing to the superior landlord that he desires that the following provisions of this sub-paragraph shall have effect and lodges a copy of the notice in the court—

  1. (a) the tenant shall not be required to give up possession of the said property but the tenancy mentioned in head (b) of the last foregoing sub-paragraph shall be deemed as between the tenant and the superior landlord to have been surrendered on the date of the order; and
  2. (b) if the term date of the tenant's tenancy would otherwise fall later, it shall be deemed for the purposes of Part I of this Act to fall at the expiration of seven months from the making of the order.")—(The Lord Chancellor.)

On Question, Amendment agreed to.

Fifth Schedule, as amended, agreed to.

Sixth to Eighth Schedules, agreed to.

Ninth Schedule [Transitional provisions]:

LORD MANCROFT

This Amendment, which is really a machinery Amendment, only substitutes a new paragraph for the present paragraph 2 of the Ninth Schedule, which is defective. It deals with recovery by the landlord of expenditure incurred by him on essential repairs under Section 6 of the temporary Act of 1951. This is a very long and complicated Amendment, and I do not think your Lordships would wish me to embark on it at this time of night. Even if your Lordships did, I do not think I could explain it correctly at all, I am happy to be in a position to assure the Committee that it is non-contentious and purely a machinery Amendment. I beg to move.