HL Deb 03 November 1965 vol 269 cc862-3

After Clause 14, insert new Clause "A"—

Recovery of possession of dwelling-house for residence by owner or his widow.

"A.—(1) Where a person has purchased or become the owner of a dwelling-house with vacant possession and intends to occupy it within five years from the date of obtaining vacant possession and has let the dwelling-house on a regulated tenancy and the conditions mentioned in subsection (2) of this section are satisfied, then if—

  1. (a) apart from the Rent Acts the landlord would be entitled to recover possession of the dwelling-house; and
  2. (b) the court is satisfied that the dwelling-house is required as a residence for that person or his widow, and the said five years have not elapsed;
the court shall make an order for the possession of the dwelling-house, whether or not it would have power to do so under section 3 of the Act of 1933, and section 5(2) of the Act of 1920 shall not apply in relation to the order.

(2) The said conditions are—

  1. (a) that not later than the commencement of the tenancy (or if the tenancy was created before the commencement of this Act, not later than six months after the commencement of this Act) the landlord has given notice in writing to the tenant that possession may be recovered under this section; and
  2. (b) that the dwelling-house has not since the commencement of this Act been let by the said person on a regulated tenancy with respect to which the condition mentioned in paragraph (a) of this subsection was not satisfied."

The Commons disagreed to this Amendment for the following Reason:

Because the Amendment, being expressed in terms which make no reference to retirement, would make an unduly wide breach in the principle of security of tenure which the Bill is intended to restore.