HL Deb 08 July 1954 vol 188 cc648-9

Page 66, line 42, leave out Paragraph 2 and insert: ("2.—(1) Nothing in this Act shall prevent the recovery from a tenant who retains possession of a dwelling-house by virtue of section six of this Act of any amount due under section six of the Leasehold Property (Temporary Provisions) Act, 1951, in respect of work executed on the dwelling-house; but where any such amount is recoverable by the landlord (as defined by subsection (1), and the proviso to subsection (4), of section twenty-one of this Act) it shall be recoverable in accordance with the following provisions of this paragraph but in no other manner.

(2) The amount shall be treated for the purposes of this Act as a payment for accrued tenant's repairs, and accordingly the question whether any and if so what amount is due as aforesaid shall be deemed to be included in the matters specified in paragraphs (b) to (d) of subsection (2) of section seven of this Act.

(3) Sub-paragraph (6) of paragraph 4 and paragraph 12 of the First Schedule to this Act shall apply in relation to the amount as they apply in relation to expenses incurred by the landlord in ascertaining what initial repairs are required in consequence of failure by the tenant to fulfil his obligation under the former tenancy.")—(Lord Mancroft.)

On Question, Amendment agreed to.


This Amendment adds a new provision to the Ninth Schedule, "Transitional Provisions." Its effect is that where the tenant is entitled to compensation under the Bill and also under the terms of his lease he has a choice between the two, but he is not entitled to both. This Amendment applies only to tenancies current at the commencement of the Bill. In practice, the result of the Amendment will be that the tenant will receive whichever compensation is the greater. I think the Committee will agree that it is simpler to give him the choice than to provide expressly for his receiving whichever is the greater. I beg to move.

Amendment moved—

Page 67, line 32, at end insert— ("(2) Where a tenant under a tenancy which was current at the commencement of this Act would but for this sub-paragraph be entitled both to—

  1. (a) compensation under section thirty-seven or section fifty-eight of this Act; and
  2. (b) compensation payable, under the provisions creating the tenancy, on the termination of the tenancy,
he shall be entitled, at his option, to the one or the other, but not to both.")—(Lord Mancroft.)

On Question, Amendment agreed to.

Remaining Schedule, as amended, agreed to.

House resumed.