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Clause 10—(Provisions Where Tenant Shares Accommodation With Other Persons But Not With Landlord)

Volume 465: debated on Tuesday 24 May 1949

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Lords Amendment: In page 12, line 9, at end insert:

"(7) Subject to the provisions of the next following subsection and without prejudice to the enforcement of any order made there-under, while the tenant is in possession as aforesaid of the separate accommodation, no order or judgment for the recovery of any of the shared accommodation or for the ejectment of the tenant therefrom shall be made or given, whether on the application of the immediate landlord of the tenant or on the application of any person under whom the said landlord derives title, unless a like order or judgment has been made or given, or is made or given at the same time, in respect of the separate accommodation; and section three of the Rent and Mortgage Interest Restrictions (Amendment) Act, 1933 (which restricts the landlord's right to possession of a dwelling-house to which the principal Acts apply) shall apply accordingly."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

A tenant may occupy separate accommodation—for example a bedroom and sitting-room—and share the use of a bathroom, kitchen or other accommodation with other tenants. As the Bill stands, the court can make an order terminating the use of the shared accommodation and thus make it impracticable to use the separate accommodation. This Amendment provides that the use of the shared accommodation cannot be terminated until an order is made terminating the tenant's right to occupy his own separate accommodation.

Question put, and agreed to.