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Clause 42—(Tenancies Excluded From Part Ii)

Volume 531: debated on Tuesday 27 July 1954

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Lords Amendment: In page 33, line 18, leave out from "the" to end of line 19 and insert:

"restrictions on the obtaining of possession by the landlord imposed by section three of the Rent and Mortgage Restrictions (Amendment) Act, 1933, apply in relation to the tenant,"

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

This Amendment and the next really deal with the same point, so perhaps I may explain them both here. The two Amendments were moved by the Government in Committee in another place, and they amend Clause 42 (1,c). That excludes from Part II mixed residential business premises, that is, a shop with a flat above it, which are protected by the Rent Act. These Amendments deal with a case where mixed premises are let to a limited company which sub-lets part for residential premises.

I think it is fair to say that the law is not quite clear, but it appears that the letting is one to which the Rent Acts apply. Nevertheless it was held in Carterv. The S.U. Carburetter Company, which is reported in 1942 (2) King's Bench, page 288, that the company was not entitled to the protection of the Rent Acts in an action for possession by the landlord. And as this is the case the company should get the protection of Part II of the Bill, and the Amendments do that.

Question put, and agreed to.

Further Lords Amendment agreed to: In page 33, line 21, leave out "that Act" and insert:

"the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920;".