HL Deb 27 June 1977 vol 384 cc919-21

4.16 p.m.

The LORD CHANCELLOR

My Lords, I beg to move that the House do now resolve itself into Committee on Recommitment on this Bill.

Moved, that the House do now resolve itself into Committee on Recommitment.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[LORD ABERDARE in the Chair.]

Clauses 1 to 6 agreed to.

Clause 7 [Service of notices]:

The LORD CHANCELLOR moved Amendment No. 1:

Page 6, line 19, leave out subsection (3) and insert— (".(3) In this section landlord ' includes—

  1. (a) any person from time to time deriving title under the original landlord,
  2. (b) in relation to any dwelling-house, any person other than the tenant who is or, but for Part VII of the Rent Act 1977 would be, entitled to possession of the dwelling-house, and
  3. (c) any person who, under a restricted contract (within the meaning of the Rent Act 1977) grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor").

The noble and learned Lord said: This is yet again a purely drafting Amendment. The Bill, as introduced, defines "landlord" by reference to the Rent Act 1968. That Act is itself now in the process of consolidation into the Rent Bill which is currently before your Lordships. It has therefore been decided to spell out the definition in full, which your Lordships may think to be more helpful. The definition proposed in this Amendment differs slightly from that contained in the Rent Act 1968 but is similar to that appearing in the new Rent Bill, so that in due course the same definition will apply in all the relevant legislation on this subject. I beg to move.

Clause 7, as amended, agreed to.

Remaining clauses agreed to.

Schedule 1 [Consequential amendments]:

The LORD CHANCELLOR moved Amendments Nos. 2 and 3:

Page 9, line 8, at end insert—

("County Courts Act 1959 (c. 22)

2. In section 94(1)(b) of the County Courts Act 1959, for ' Part III of the Rent Act 1965 ' substitute Part I of the Protection from Eviction Act 1977'.")

Page 9, line 14, at end insert—

("Rent (Agriculture) Act 1976 (c. 80)

4. In Schedule 5 to the Rent (Agriculture) Act 1976, in paragraph 10(2) for section 16 of the Rent Act 1957 ' substitute section 5 of the Protection from Eviction Act 1977'.")

The noble and learned Lord said: I beg to move Amendments Nos. 2 and 3. These are both drafting Amendments: they update the two Statutes referred to by making reference to the present Bill instead of Acts, the relevant parts of which are to be repealed by this Bill. I beg to move.

On Question, Amendments agreed to.

Schedule 1, as amended, agreed to.

Remaining Schedules agreed to.

House resumed: Bill reported with the Amendments.