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New Clause—(Certain Sublettings Not To Exclude Operation Of Principal Acts)

Volume 465: debated on Tuesday 24 May 1949

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Lords Amendment: In page 12, line 26, at end, insert new Clause "A"—

"A. Where the tenant of any premises, being a house or part of a house, has sublet a part, but not the whole, of the premises, then as against his landlord or any superior landlord (but without prejudice to the rights against and liabilities to each other of the tenant and any person claiming under him, or of any two such persons), no part of the premises shall be treated as not being a dwelling-house to which the principal Acts apply by reason only—
  • (a) that the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons, or
  • (b) that part of the premises is let to any such person at such a rent as is mentioned in proviso (i) to subsection (2) of section twelve of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (which relates to furnished lettings)."
  • I beg to move, "That this House doth agree with the Lords in the said Amendment."

    It has recently been held in the Court of Appeal that the tenant of a controlled house loses the protection of the Rents Acts if he sub-lets a furnished room with the use of kitchen. This Amendment is to ensure that the original intention of the law shall be fulfilled.

    Question put, and agreed to.