HC Deb 28 July 1959 vol 610 cc43-4W
75. Mr. Janner

asked the Minister of Housing and Local Government and Minister for Welsh Affairs whether he is aware that considerable anxiety and hardship is caused to certain professional men and shopkeepers in view of the provision in the Landlord and Tenant Act, 1954, whereby they can be evicted from their occupation of premises if the landlord claims that he wants them for his own use even though he may not have any need for such occupation; and what steps he proposes to take to remedy this position in general and, in particular, with regard to such premises which were decontrolled under the Rent Act, 1957.

Mr. H. Brooke

It is not correct that a tenant can be evicted under the Landlord and Tenant Act, 1954, in the circumstances stated. Before the landlord can obtain possession of business premises for his own use, he must establish to the satisfaction of a court that he genuinely intends to occupy the premises for the purposes of his business or as a residence. If he establishes such a case, the tenant is entitled to compensation. If he fails to establish a case on this or the other grounds provided in the Act, the tenant is entitled to the grant of a new tenancy. The only premises of this kind which were decontrolled by the Rent Act were those occupied partly for business and partly for residential purposes, and since decontrol those premises have enjoyed the same protection as other business premises. I do not think that protection calls for enlargement.