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Clause 3—(Prohibition Of Premiums On Grant Or Assignment Of Tenancy)

Volume 465: debated on Tuesday 24 May 1949

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Lords Amendment: In page 6, line 17, at end, insert:

"or in providing or improving fixtures therein, being fixtures which as against the landlord he is not entitled to remove."

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

When a tenant assigns a tenancy, he should be entitled to recover from the assignee payment for any fixture he may have provided in the house but which he may not be entitled to remove. This seems to us to be a perfectly reasonable proposal and we suggest it should be accepted.

As the hon. and gallant Gentleman knows there are certain categories of fixtures which, according to the agreement, may be capable of being removed and in some cases they vest in the landlord.

Question put, and agreed to.

Lords Amendment: In page 6, line 40, leave out from beginning to second "the" in line 43 and insert:

"Provided that where an agreement has been made since the said twenty-fifth day of March and before the commencement of this Act, and the agreement includes provision for the payment of a premium which could lawfully be required under the enactments hereby repealed but which, if paid in pursuance of the agreement, would be recoverable, wholly or in part, by virtue of the foregoing provisions of this subsection."

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

This is mainly a drafting Amendment to make clear that agreement to pay premiums between the dates mentioned are voidable at the option of either party.

Question put, and agreed to.