§ Mr. E. CECILasked the Attorney-General whether the alternative accommodation which a landlord has to find for a tenant before dispossessing him under the Increase -of Rent and Mortgage Interest Acts, 1915–19, and the Courts (Emergency Powers) Acts, 1914–16, means accommodation not less favourable to the tenant than he enjoyed previously; and, if it can be interpreted otherwise, whether he will introduce any amending legislation to make this clear?
§ Sir G. HEWARTThe question of alternative accommodation arises under Section 5 (2) of the Increase of Rent and Mortgage Interest.(Restrictions) Act, 1919. No such question arisen under the earlier Acts or under the Courts (Emergency Powers) Acts. In cases to which Section 5 (2) of the Act of 1919 applies the Court has to consider all the circumstances, especially the alternative accommodation available for the tenant. It is not necessary that the landlord should find the accommodation, and the phrase does not necessarily mean accommodation not less favourable to the tenant than ho enjoyed previously, though, of course, the nature of the accommodation available, and the fact, if fact it be, that it is less favourable to the tenant, are matters to be taken into consideration in deciding whether it is reasonable to make an order for recovery of possession. The Section deals with the case of a landlord who has purchased the, house since the 30th September, 1917, and who requires it for his own occupation or that of a person in his employ. No amending legislation appears to be necessary.