HL Deb 21 October 1969 vol 304 cc1689-90

[No. 5]

After Clause 13 Insert the following new Clause—After Clause 13 insert the following new Clause—

Definition of landlord and further provisions where immediate landlord is not the freeholder

".—(1) In section 44 (1) of the Act of 1954 the following paragraph shall be substituted for paragraph (b):— '(b) that it is either the fee simple or a tenancy which will not come to an end within fourteen months by effluxion of time and, if it is such a tenancy, that no notice has been given by virtue of which it will come to an end within fourteen months or any further time by which it may be continued under section 36 (2) or section 64 of this Act'.

(2) The following shall be added at the end of Schedule 6 to the Act of 1954:—

'Withdrawal by competent landlord of notice given by mesne landlord

6. Where the competent landlord has given a notice under section 25 of this Act to terminate the relevant tenancy and, within two months after the giving of the notice, a superior landlord—

  1. (a) becomes the competent landlord; and
  2. (b) gives to the tenant notice in the prescribed form that he withdraws the notice previously given,
the notice under section 25 of this Act shall cease to have effect, but without prejudice to the giving of a further notice under that section by the competent landlord.

Duty to inform superior landlord.:

7. If the competent landlord's interest in the property comprised in the relevant tenancy is a tenancy which will come or can be brought to an end within sixteen Months (or any further time by which it may be continued under section 36 (2) or section 64 of this Act) and he gives to the tenant under the relevant tenancy a notice under section 25 of this Act to termina: e the tenancy or is given by him a notice under section 26 (3) of this Act:—

  1. (a) the competent landlord shall forthwith send a copy of the notice to his immediate landlord; and
  2. (b) any superior landlord whose interest in the property is a tenancy shall forthwith send to his immediate landlord any copy which has been sent to him in pursuance of the preceding sub-paragraph or this sub-paragraph'."

THE LORD CHANCELLOR

My Lords, I have already discussed Amendment No. 5 together with Amendment No. 1. I beg to move that this House doth agree with the Commons in their Amendment No. 5.

Moved, That this House doth agree with the Commons in their Amendment No. 5.—(The Lord Chancellor.)

On Question, Motion agreed to.