HL Deb 31 July 1974 vol 353 cc2353-8

12.50 p.m.

[Nos. 20, 21, 22, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38]:

[No. 20.]

Clause 13(6), first line, leave out ("5, 6 and 7") and insert "(Advance application for registration of new rent) (I) and (2), 5, 6, 7, (Rent allowances) and (Power of court in action for possession to reduce period of notice to quit) (1) and (2)".

[No. 21.]

Clause 13(6), third line, leave out ("8 and 9"), and insert "(Advance application for registration of new rent) (3) and (4), 8, 9, (Rent allowances in Scotland) and (Power of court in action for possession to reduce period of notice to quit) (3)".

[No. 22.]

Clause 13, leave out subsection (8).

[No. 29.]

Schedule 2, paragraph 2(5A) (1), first line, leave out "(2)" and insert "(b)".

[No. 30.]

Schedule 2, paragraph 2("5A")(1)(a), first line at end insert "and that building is not a purpose-built block of flats".

[No. 31.]

Schedule 2, paragraph 2("5A")(1)(b), leave out from beginning to "as" in second line, and insert: (b) subject to subsection (2) below, the tenancy was granted by a person who, at the time when he granted it, occupied".

[No. 32.]

Schedule 2, paragraph 2("5A")(l)(c), at beginning insert "subject to subsection (3) below".

[No. 33.]

Schedule 2, paragraph 2("5A")(l)(c), fourth line, leave out "either".

[No. 34.]

Schedule 2, paragraph 2("5A")(1)(c), sixth line, leave out from "building", to end of paragraph 2("5A")(1) and insert— (2) The condition in paragraph (b) of subsection 1 above shall be deemed to be fulfilled if the tenancy was granted by trustees and, at the time when the tenancy was granted, the interest of the landlord under the tenancy thereby created was held on trust for a person who was entitled to the liferent or to the fee or a share of the fee of that interest and who occupied as his residence a dwelling-house which forms part of the building referred to in paragraph (a) of that subsection.

(3) In determining whether the condition in paragraph (c) of subsection (1) above is at any time fulfilled with respect to a tenancy, there shall be disregarded—

  1. (a) any period of not more than 14 days beginning with the date of the conveyance of the interest of the landlord under the tenancy to an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building concerned;
  2. (b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another such dwelling-house as is referred to in that paragraph, the period beginning with the date of the conveyance mentioned in that paragraph and ending—
    1. (i) at the expiry of the period of 6 months beginning on that date, or
    2. (ii) on the date on which the interest of the landlord under the tenancy ceases to be held by that individual, or
    3. (iii) on the date on which the condition in subsection (1)(c) above again applies, whichever is the earlier; and
  3. (c) any period of not more than 12 months beginning with the date of death of the landlord under the tenancy during which the interest of the landlord under the tenancy- is vested in his executor.

(4) Throughout any period which, by virtue of subsection (3) above, falls to be disregarded for the purpose of determining whether the condition in subsection (l)(c) above is fulfilled with respect to a tenancy, no order for possession of the dwelling-house subject to that tenancy shall be made, other than an order which might be made if that tenancy were or, as the case may be, had been a regulated tenancy.

(5) During any period when—

  1. (a) the interest of the landlord under the tenancy referred to in subsection (1) above is vested in trustees; and
  2. (b) that interest is held on trust for a person who is entitled to the liferent or to the fee or a share of the fee of that interest and who occupies as his residence a dwelling-house which forms part of the building referred to in paragraph (a) of that subsection,
the condition in paragraph (c) of that subsection shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of subsection (3) above.

(6) This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.

(7) For the purposes of this section, a person shall be treated as occupying a dwelling-house as his residence if, so far as the nature of the case allows, he would be regarded as retaining possession of the dwelling-house for the purposes of paragraph (a) of section 3(1) above if he were such a person as is referred to in that paragraph.

(8) For the purposes of this section—

  1. (a) a building is a purpose-built block of flats if, as constructed it contained, and it contains, two or more flats, and for this purpose "flat" has the same meaning as in section 208(1) of the Housing (Scotland) Act 1966;
  2. (b) "conveyance" includes the grant of a tenancy and any other conveyance or transfer other than upon death;
  3. (c) "the date of the conveyance" means the date on which the conveyance was granted, delivered or otherwise made effective".

[No. 35.]

Schedule 3, paragraph l(1)(a), leave out "contract" and insert "tenancy".

[No. 36.]

Schedule 3, paragraph 1(1)(3/4 after "'building" insert "and that building is not a purpose-built block of flats within the meaning of section 5 of the Rent Act 1968".

[No. 37.]

Schedule 3, paragraph l(l)(c), leave out from "lesser" in first line to end of paragraph 1 and insert "within the meaning of the relevant Part of the Rent Act, under the furnished letting—

  1. (i) belongs to a person who occupies as his residence another dwelling which also forms part of that building, or
  2. (ii) is vested in trustees as such and is or, if it is held on trust for sale, the proceeds of its sale are held on trust for a person who occupies as his residence another dwelling which also forms part of that building, and

the Rent Act shall apply, subject to subparagraph (2) below, as if the tenancy had been granted on the commencement date and as if the condition in paragraph (b) of section 5A(1) of the Rent Act 1968 were fulfilled in relation to the grant of the tenancy.

(2) In the application of the Rent Act 1968 to a tenancy by virtue of this paragraph—

  1. (a) subsection (5) of section 5A shall be omitted; and
  2. (b) in section 102A any reference to section 5A of that Act shall be construed as including a reference to this paragraph.

(3) In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on the commencement date the interest ref erred to in paragraph (c) of that sub-paragraph is vested—

  1. (a) in the personal representatives of a deceased person acting in that capacity, or
  2. (b) by virtue of section 9 of the Administration of Estates Act 1925, in the Probate Judge, within the meaning of that Act, or
  3. (c) in trustees as such,
then, if the deceased immediately before his death or, as the case may be, the settlor immediately before the creation of the trust occupied as his residence another dwelling which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.

(4) In the application of subsection (2)(c) of section 5A of the Rent Act 1968 in a case falling within sub-paragraph (3) above, any period before the commencement date during which the interest of the landlord is vested as mentioned in that subsection shall be dis regarded in calculating the period of 12 months specified therein."

[No. 38.]

Schedule 3, paragraph 1, at end insert—

"1A.—(1) In any case where—

  1. (a) before the commencement date a dwelling-house was subject to a tenancy which is a furnished letting; and
  2. (b) the dwelling-house forms part only of a building and that building is not a purpose-built block of flats within the meaning of section 5A of the Act of 1971; and
  3. (c) on that date the interest of the lessor, within the meaning of Part VII of that Act, under the furnished letting—
    1. (i) belongs to a person who occupies as his residence another dwelling-house which also forms part of that building, or
    2. (ii) is vested in trustees and is held on trust for a person who is entitled to the liferent or to the fee or a share of the fee of that interest and who occupies as his residence a dwelling-house which forms part of that building; and
    2357
  4. (d) apart from this paragraph the furnished letting would, on the commencement date, become a protected furnished tenancy,
the Act of 1971 shall apply, subject to subparagraph (2) below, as if the tenancy had been granted on the commencement date and as if the condition in paragraph (b) of section 5A(1) of that Act were fulfilled in relation to the grant of the tenancy.

(2) In the application of the Act of 1971 to a tenancy by virtue of this paragraph

  1. (a) subsection (6) of section 5A shall be omitted; and
  2. (b) in section 119A any reference to section 5A shall be construed as including a reference to this paragraph.

(3) In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on the commencement date the interest of the lessor under the furnished letting is vested in the executor of a deceased person, then, if that deceased person immediately before his death occupied as his residence another dwelling-house which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.

(4) In the application of subsection (3)(c) of section 5A of the Act of 1971, in a case falling within sub-paragraph (3) above, any period before the commencement date during which the interest of the lessor is vested in the executor as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified in that subsection.

(5) In this paragraph "the Act of 1971" means the Rent (Scotland) Act 1971".

LORD SHEPHERD

My Lords, I have great pleasure in moving Amendments Nos. 20, 21, 22, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38. They are technical, consequential and of a general tidying-up nature. My Lords, I beg to move that this House doth agree with the Commons in their Amendments.

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

BARONESS YOUNG

My Lords, we have had a very short time indeed in which to look at 27 pages of Amendments. I had them at 10 o'clock this morning, and I have been grateful to the noble Lord, Lord Shepherd, for helping me over one or two points. But as I understand it, these last technical Amendments are concerned with the provisions of the resident landlord. I wonder whether I could be absolutely clear on how the position has finally been left. There is, as I understand it, no security of tenure for tenants where the landlord is resident, where there is a self-contained flat in a house in which the landlord is resident, but that this does not apply to a block of flats. It is very important that we should get this point right—again from the point of view of the individual who is contemplating letting rooms or letting a flat in a house, and in meeting what is a very real problem, that is under-occupation of houses, which is something which none of us particularly wish to encourage. That is the position, and these long Amendments to the Schedule meet the Amendments that were made at the Report stage in this House which governed the provisions of the resident landlord.

LORD SHEPHERD

My Lords, I am happy to confirm what the noble Baroness has said to be correct.

LORD CLITHEROE

My Lords, may I ask the noble Lord to make sure that when this television programme, or other form of advertising, takes place, this should be one of the points made clear.

LORD SHEPHERD

My Lords, I have no idea who is preparing the programme that is going on television, but I will see that what the noble Lord has said is drawn to the attention of those who are concerned with the production of that particular programme.

On Question, Motion agreed to.