§ After Clause 42 insert the following new Clause—
§ Date for permitted increases for increases in rates
§ (".—(1) Subsection (2) of section three of the Act of 1920 (which relates to the time as from which permitted increases of rent are recoverable from a tenant) shall have effect, in relation to increases permitted by paragraph (b) of subsection (1) of section two of the Act of 1920 (which provides for increases of rent in respect of increases in the amounts payable by the landlord for rates), subject to the following provisions:—
- (a) any such permitted increase shall be recoverable from, and in respect of the period beginning with, the day specified in the next following subsection;
- (b) where at the time when the notice of increase is served the tenant is a statutory tenant, the amount of any such permitted increase may include an amount in respect of a period immediately preceding that mentioned in the last foregoing paragraph and beginning not earlier than six weeks before the date of service of the notice of increase nor earlier than the beginning of the statutory tenancy, and any amount so included shall be deemed to be rent due on the day specified in the next following subsection.
§ (2) The day referred to in the last foregoing subsection—
- (a) where at the time of service of the notice of increase the tenant is a statutory tenant, is the next day after the service of the notice on which an instalment of rent is payable under the terms of the statutory tenancy;
- (b) in any other case, is the day after the date on which by virtue of subsection (1) of section one of the Rent Restrictions (Notices of Increase) Act, 1923, the notice of increase operates to terminate the tenancy.
§ (3) Where under any tenancy the amount of any such permitted increase for rates as is mentioned in subsection (1) of this section is recoverable without a notice to terminate the tenancy being necessary in order to make the increase effective, the foregoing provisions of this section shall apply as they apply where 49 at the time when the notice of increase is served the tenant is a statutory tenant, but with the substitution of references to the tenancy for references to the statutory tenancy.
§ (4) In this section the expression "notice of increase" means the notice of intention to increase rent served in conformity with subsection (2) of section three of the Act of 1920.
§ (5) In accordance with the foregoing provisions of this section the said subsection (2) shall be amended as follows:—
- (a) after the words "no such increase shall" there shall be inserted the words "save as provided by section (Date for permitted increases for increases in rates) of the Housing Repairs and Rents Act, 1954";
- (b) the words "or, where such increase is on account of an increase in rates, one clear week" shall cease to have effect.")
§ The Commons agreed to the above Amendment, but proposed the following Amendment thereto:—
At end, insert—
("(6) Where for any period for which a rate is demanded (hereinafter referred to as "the rating period") the amount of the rate is increased, and by virtue of paragraph (b) of subsection (1) of this section the amount of any consequent permitted increase for rates includes an amount in respect of a period preceding that mentioned in paragraph (a) of that subsection, paragraph (d) of subsection (1) of section twelve of the Act of 1920 (which provides that any increase in rates payable by a landlord shall be deemed to be payable by him until the rate is next demanded) shall not so extend the period for which the increase is recoverable as to make it longer than the rating period.")
§ LORD MANCROFT
My Lords, those of your Lordships who have looked at the Amendment which it is proposed in another place should be added to our Amendment after Clause 42 of the Housing Repairs and Rents Bill will, I think, appreciate that it is not a very spectacular or comprehensive one. I am happy to assure your Lordships that the point at issue is really a simple one. I During the passage of the Bill through your Lordships' House we provided some alleviation to the disadvantages with which a landlord might be faced, in certain circumstances, as a result of a rise in rates. It has been pointed out to us that, in similar circumstances, the tenant might be submitted to the same sort of disadvantages in the event of the rates falling. This Amendment, therefore, provides for that case. It was inserted by Her Majesty's Government in another place to meet a point raised by the Opposition. It is, therefore, really an agreed Amendment, and I can assure your Lordships that it is quite uncontroversial. Therefore, on behalf of my 50 noble and learned friend on the Woolsack, I beg to move that your Lordships' House do agree with the Commons on the said Amendment.
§ Moved, That the House do agree with the Commons in the said Amendment.—(Lord Mancroft.)
§ On Question, Motion agreed to.