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Clause 57—(Termination On Special Grounds Of Tenancies To Which Part Ii Applies)

Volume 531: debated on Tuesday 27 July 1954

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Lords Amendment: In page 43, line 16, after "tenancy" insert "or a part thereof."

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

This Amendment is little more than drafting, and it is also consequential on a change which was made in Committee in another place in Clause 56. Its purpose is to secure that the procedure whereby statutory undertakers can obtain possession at short notice in order to carry out urgent repairs applies where they require possession of part only of the property comprised in a tenancy. Clause 57 (3) enables the landlord who is a statutory undertaker to make a valid agreement with a tenant that he should give up possession at less than six months' notice, which is the minimum under the Bill for tenants generally, if the Minister certifies that the statutory undertaker needs possession urgently for the purpose of carrying out repairs necessary for the proper carrying on of the undertaking. A typical case would be where an undertaker needed to turn out the tenant of a railway arch in 24 hours in order to carry out repairs which would otherwise make it unsafe for the trains. I think that is a perfectly practical point.

Question put, and agreed to.