HL Deb 31 July 1974 vol 353 cc2347-53

[Nos. 4, 6, 7, 9, 10, 11, 12, 13, 14, 17, 23, 24, 25, 26, 27, 28.]

[4]

Clause 3(1), leave out from beginning to after "'Case 10A' and insert: (1) In Part II of Schedule 3 to the Rent Act 1968 (Cases in which court must order possession of dwelling-house subject to regulated tenancy) the following Cases shall be inserted after Case 10:—

"Case 10A

Where a person (in this Case referred to as "the owner") who acquired the dwelling-house or any interest therein with a view to occupy- ing it as his residence at such time as he might retire from regular employment let it on a regulated tenancy before he has so retired and

  1. (a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case, and
  2. (b) the dwelling-house has not, since the commencement date, within the meaning of the Rent Act 1974, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied, and
  3. (c) the court is satisfied either that the owner has retired from regular employment and requires the dwelling-house as a residence or that the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death:
Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (a) or paragraph (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require."

Case 10B

[6] Clause 3(2), third line, leave out "Case" and insert "Cases"

[7] Clause 3(2), fifth line, after "Case 11A" insert—

Where a person (in this Case referred to as "the owner") who acquired the dwelling-house or any interest therein with a view to occupying it as his residence at such time as he might retire from regular employment let it on a regulated tenancy before he has so retired and—

  1. (a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case, and
  2. (b) the dwelling-house has not, since the commencement date, within the meaning of the Rent Act 1974, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied, and
  3. (c) the court is satisfied either that the owner has retired from regular employment and requires the dwelling-house as a residence or that the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death:
Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (a) or paragraph (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

Case 11B

[a.] Clause 3, at end insert— (3) At the end of Case 10 in Part II of Schedule 3 to the Rent Act 1968 and at the end of Case 11 in Part II of Schedule 3 to the Rent (Scotland) Act 1971 there shall be added the following proviso— Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (a) or paragraph (b) above is not complied with, it is just and equitable to make an order for posession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

[10.] After Clause 3 insert the following new Clause—

Advance application for registration of a new rent

(1) At the beginning of subsection (3) of section 44 of the Rent Act, 1968 (no application for registration of a new rent until three- years after a previous registration) there shall be inserted the words "Subject to subsection (3A) below" and at the end of that sub section there shall be added the following subsection: (3A) Notwithstanding anything in subsection (3) above, an application as such as is mentioned in that subsection which is made by the landlord alone and is so made within the last three months of the period of three years referred to in that subsection may be entertained notwithstanding that that period has not expired.

(2) At the beginning of subsection (1) of section 48 of that Act (effect of registration of rent) there shall be inserted the words "Subject to subsection (1A) below" and at the end of that subsection there shall be added the following subsection:— (1A) Where, by virtue of subsection (3A) of section 44 above, an application is made before the expiry period of three years referred to in subsection (3) of that section, subsection (1) above shall have effect as if for the reference to the date of the application there were substituted a reference to the first day after the expiry of that period of three years.

(3) At the beginning of subsection (3) of section 40 of the Rent (Scotland) Act 1971 (no application for registration of a new rent until three years after a previous registration) there shall be inserted the words "Subject to subsection (3A) below" and at the end of that subsection there shall be added the following subsection:— (3A) An application such as is mentioned in subsection (3) above which is made by the landlord alone and is so made within the last three months of the period of three years referred to in that subsection may be entertained before the expiry of that period, notwithstanding that the application is not made upon any of the grounds mentioned in that subsection.

(4) At the beginning of subsection (1) of section 44 of the said Act of 1971 (effect of registration of rent) there shall be inserted the words "Subject to subsection (1A) below" and at the end of that subsection there shall be added the following subsection:— (1A) Where, by virtue of subsection. (3A) of section 40 above, an application is made before the expiry of the period of three years referred to in subsection (3) of that section, subsection (1) above shall have effect as if for the reference to the date of the application there were substituted a reference to the first day after the expiry of that period of three years".

[11.]

Clause 7, leave out subsection (1).

[12.]

Clause 7, at end insert— (2) In section 80 of that Act (reduction of period of notice on account of lessee's default) at the end of paragraph (c) of subsection (2) there shall be added the words "or (d) that the condition of any furniture provided for the use of the lessee under the contract has deteriorated owing to any ill-treatment by the lessee or any person residing or lodging with him".

[13.]

Clause 9, leave out subsection (1).

[14.]

Clause 9, at end insert— (2) In section 95 of that Act (reduction of period of notice on account of lessee's default) at the end of paragraph (c) of subsection (2) there shall be added the words "or (d) that the condition of any furniture provided for the use of the lessee under the contract has deteriorated owing to any ill-treatment by the lessee or any person residing or lodging with him".

[17.]

After Clause 10 insert the following new clause:

"Power of sheriff, in action for possession, to reduce period of notice to quit.

(1) After section 80 of the Rent Act 1968 there shall be inserted the following section:—

"Power of county court, in action for possession, to reduce period of notice to quit.

80A. In any case where—

  1. (a) a notice to quit a dwelling which is the subject of a Part VI contract has been served, and
  2. (b) the period at the end of which the notice to quit takes effect is for the time being extended by virtue of section 77 or section 78 above, and
  3. (c) at some time during that period the lessor institutes proceedings in the county court for the recovery of possession of the dwelling, and
  4. (d) in those proceedings the county court is satisfied that any of paragraphs (a) to (d) of section 80(2) above applies, the court may direct that the period referred to in paragraph (b) above shall be reduced so as to end at a date specified in the direction."

(2) At the end of subsection (3) of section 106 of that Act (rules as to procedure) there shall be added the words "and section 80A."

(3) After section 95 of the Rent (Scotland) Act 1971 there shall be inserted the following section:—

"Power of sheriff, in action for possession, to reduce period of notice to quit.

95A. In any case where—

  1. (a) a notice to quit a dwelling-house which is the subject of a Part VII contract has been served, and
  2. (b) the period at the end of which the notice to quit takes effect is for the time being extended by virtue of section 92 or section 93 above, and
  3. (c) at some time during that period the lessor institutes proceedings before the sheriff for possession of the dwelling-house, and
  4. (d) in those proceedings the sheriff is satisfied that any of paragraphs (a) to (d) of section 95(2) above applies, the sheriff may direct that the period referred to in paragraph (b) above shall be reduced so as to end at a date specified in the direction" '.

[23.]

Schedule 1, paragraph 1, in the first line of the inserted case 3A, leave out from "where" to "the" in the second line of that case.

[24.]

Schedule 1, paragraph 7, 7th line, leave out ' to the means of the tenant and '.

[25.]

Schedule 1, paragraph 8, 4th line, at end insert ' (determination by fair wear and tear excluded) '.

[26.]

Schedule 1, paragraph 9(2)(c), 2nd line, after ' tenancy ' insert ' any improvement to the furniture by the tenant under the regulated tenancy or any predecessor in title of his or, as the case may be, '.

[27.]

Schedule 1, paragraph 17, at end insert ' (excluding any deterioration in that furniture due to fair wear and tear) '.

[28.]

Schedule 1, paragraph 18, sub-paragraph (2). leave out from beginning to ' there ' in second line and insert— ' (2) In subsection (3) of that section (factors to be disregarded)—

  1. (a) in paragraph (b), after the word ' improvement ' there shall be inserted the words ' (including any improvement to the furniture provided for use under the tenancy) ';
  2. (b) at the end '.

LORD SHEPHERD

My Lords, I beg to move that this House doth agree with the Commons in the said Amendments. This group of Amendments contains some notable improvements to the Bill suggested by the Opposition in another place and the Government's version of the retirement homes case first introduced in your Lordships' House in our consideration of the Bill. In particular, your Lord- ships will be glad to hear that the Government have accepted the views expressed here as well as in another place that there should be some legislation to relax the statutory requirement for the landlord to serve a notice on a tenant in order to maintain an absolute right to recover possesion of his home or intended i retirement home. My honourable friend the Minister has also taken provision to enable the resident landlord to go to the court for an order for possession when a tenant has been misbehaving notwithstanding the fact that the rent tribunal has suspended the operation of a notice to quit. The power of the rent tribunal to suspend a notice to quit has also been reduced to the current level—that is, to up to six months at a time, and not 12 months as it was originally proposed in the Bill. I beg to move.

Moved, That this House doth agree with the Commons in the said Amend- ments.—(Lord Shepherd.)

BARONESS YOUNG

My Lords, I should like to begin by thanking the Government for redrafting and including this series of Amendments on retirement homes. I think I am right in saying that it requires two new cases to be added to Schedule 3 to the Rent Act 1968 and, as my noble friend Lord Colville is sitting here, he will be glad that, even if his drafting has not been accepted, the Amendments have been included in the Bill, although we were not successful in the case of the students. I understand that these provisions apply to Scotland as well as to England and Wales, and I am glad to see the other Amendments which, as I understand it, bring the Bill into line on the question of the rent tribunal giving possession in six months instead of a year, as it was originally drafted, so that the Bill is in line with the 1968 Act.

My Lords, that brings me to the general point which I made both in Committee and on Third Reading regarding the need for a simplified version of the Bill to be available to the public. I hope very much that the noble Lord, Lord Shepherd, can say that there is one now in proof form. He will, I know, recall that the Bill is to come into effect in a fortnight's time and therefore that time is of the essence. There are quite a number of changes in the law which will affect enormous numbers of individuals.

I am not so worried about businesses and firms, since large businesses at least will no doubt have a lawyer to help them, but I feel that many individuals could be affected and that it is very necessary to have these new provisions set out in an easily understandable form. I hope that the noble Lord can give that assurance.

LORD SHEPHERD

My Lords, I entirely agree with the noble Baroness that this needs to be explained in the simplest language possible. Heaven knows! the public are thoroughly justified in demanding that, because even a notable barrister such as the noble Viscount would I am sure be lost in some parts of our existing rent legislation. This is a matter which I intend to go into fully later this afternoon. I understand that steps are being taken to give the widest possible publicity to the matter and that there is a prospect of a television programme which should be of particular value to tenants and landlords. We are fully taken of the need for the fullest possible exposure of this legislation to the public eye and for it to be explained in the simplest layman's language so that all concerned may fully understand not only the rights but also the duties which flow from it.

On Question, Motion agreed to.