HC Deb 20 January 1942 vol 377 cc233-4W
Mr. Rostron Duckworth

asked the Parliamentary Secretary to the Ministry of Works and Buildings whether he proposes to enforce the new Regulation 56A (S.R. & O. 1941, No. 1596) without attempting to clear up his responsibility for dilapidations, work on which, under the order, it will be impossible to carry out, as failure to do so will drive many people into litigation?

Mr. Hicks

If the hon. Member is referring to the obligations of a tenant under covenant to repair, I would refer him to the reply which I gave to the hon. Member for Stourbridge (Mr. Morgan) on 10th December, from which it will be seen that such a tenant is not allowed to carry out repairs in any case in which a licence to carry out the work is refused under Defence Regulation 56A. The consequent adjustment of rights as between landlord and tenant is a matter for agreement between the parties or, failing that, in the event of recourse being made to the courts, falls to be determined by the operation of the existing general law.

Mr. R. Morgan

asked the Parliamentary Secretary to the Ministry of Works and Buildings whether, under the new regulations governing the outlay on repairs, it is proposed to deal in any way with responsibility for executing dilapidations; and, if not, how this issue will be adjusted between landlords and tenants?

Mr. Hicks

The execution of building work for the purpose of making good dilapidations, if it involves expenditure in excess of the prescribed limit, will be unlawful in the absence of a licence, and as a result of the operation of the general law a tenant in such a case cannot be compelled under a covenant to repair to carry out any work in respect of which a licence has been refused.