§ Mr. Ammonasked the Home Secretary whether, in view of the conflicting opinions expressed in the courts and elsewhere, action can be taken to clarify the law with respect to the position of 1474W a tenant of a house which has been rendered uninhabitable through enemy action?
§ The Attorney-GeneralI have been asked to reply. The Landlord and Tenant (War Damage) Act, 1939, was passed on the assumption that under the law as it previously stood the destruction of property subject to a lease from whatever cause afforded a tenant no excuse in law from not fulfilling the covenants which he had entered into in the lease, including any covenant to repair or pay rent. A weekly tenant can always give a week's notice determining the tenancy, and he is usually not under a obligation to repair. The Landlord and Tenant (War Damage) Act was, therefore, expected to be of greater use in the case of longer tenancies. But it applies to tenancies whether long or short, and there is nothing to prevent any tenant whose house is made unfit by war damage from giving a notice of disclaimer under that Act. A notice of disclaimer relieves the tenant from the obligation to pay rent as from the date of the service of the notice. It terminates the lease unless the landlord serves a notice to avoid disclaimer. If this is done, and it is very unlikely to be done in weekly tenancies, the liability to pay rent does not revive until the landlord has made the premises fit. The hon. Member will realise that I have no power to give an authoritative exposition of the law, and the Government would be ready to consider representations if it is found that the present position is unsatisfactory.
Mr. Whiteasked the Attorney-General whether he proposes, by legislation or order, to define the relation of landlord and tenant in cases w here houses and tenements have been made uninhabitable by enemy action?
§ The Attorney-GeneralI would refer the hon. Member to the answer which I have given to-day to the hon. Member for North Camberwell (Mr. Ammon).