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Fifth Schedule—(Provision For Purposes Of Part I Where Immediate Landlord Is Not The Freeholder)

Volume 531: debated on Tuesday 27 July 1954

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Lords Amendment: In page 60, line 47, leave out from beginning to end of line 10 on page 61 and insert:

"(c) the court makes an order for the recovery by the superior landlord of possession of the property comprised in the tenancy, the tenant shall not be required to give up possession of that property unless he has been a party to the proceedings or has been given notice of the order; and the provisions of the next following sub-paragraph shall have effect where he has been such a party or has been given such a notice:
Provided that where the tenant has been a party to the proceedings the said provisions shall not apply unless he has at any time before the making of the order made application in the proceedings for relief under this paragraph.
(2) If the tenant within fourteen days after the making of the order, or where he has not been a party to the proceedings, within fourteen days after the said notice, gives notice in writing to the superior landlord that he desires that the following provisions of this sub-paragraph shall have effect and lodges a copy of the notice in the court—
  • (a) the tenant shall not be required to give up possession of the said property but the tenancy mentioned in head (b) of the last foregoing sub-paragraph shall be deemed as between the tenant and the superior landlord to have been surrendered on the date of the order; and
  • (b) if the term date of the tenant's tenancy would otherwise fall later, it shall be deemed for the purposes of Part I of this Act to fall at the expiration of seven months from the making of the order."
  • I beg to move, "That this House doth agree with the Lords in the said Amendment."

    This Amendment is one to paragraph 9 of the Fifth Schedule which provides relief for the occupying tenant under a Part I tenancy where a superior landlord enforces the right of forfeiture for breach of contract against the immediate landlord. The Amendment is designed to correct a defect in the procedure laid down in the paragraph. As it stands, the paragraph contemplates a tenant applying under the proceedings for relief, but as my right hon. and learned Friends and learned Friends will appreciate, in many cases the tenant will not be a party to the proceedings between the immediate landlord and the superior landlord, and it would add unnecessarily to the expense to require him to be made a party.

    The effect of the Amendment is simply to enable the tenant to claim relief under the paragraph, whether he is a party to the proceedings or not. Where he is a party, the proceedings laid down by the paragraph remain effectively unchanged. Where he is not, the Amendment provides that he is to be given notice of the judgment and may obtain the appropriate relief if, within 14 days of receipt of the notice, he gives notice of a claim to relief to the superior landlord, and files a copy of the notice in the court. I do not think anyone can take any exception to this.

    This Amendment appears to be a thoroughly good and useful Amendment which closes a gap for the benefit of the tenant. I am sure we all welcome it. There is only one question I would like to put. This is a somewhat complicated and elaborate Schedule and, looking at page 7 of the Amendment Paper, under 2 (a) there is a reference there to the tenancy mentioned under head (b). The best sense I can make of it is that head (b) refers to paragraph 9 (1) (b) of the Schedule and does not refer to a tenancy at all. This is purely drafting, but I find it exceedingly hard to follow.

    Question put, and agreed to.

    Lords Amendment: In page 62, line 25, leave out:

    "or tenant's initial repairs."

    1.0 a.m.

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

    This is the seventeenth and last of the series of Government Amendments on initial repairs. This is purely consequential on earlier Amendments, and particularly on that to page 8, line 40, which make the phrase "initial repairs" cover repairs carried out either by the landlord or the tenant.

    Question put, and agreed to.