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Mr. Raynsford: This is another amendment that serves the landlord's interest.
A short course of study of the history of leasehold reform would be advisable before the Minister makes further remarks in the House about the merits of the Leasehold Reform Act 1967. Anyone who has studied leasehold reform knows that that was by far the most effective piece of leasehold reform legislation that has been passed since the war. It resulted in hundreds of thousands of leaseholders being able to buy the freehold of their homes. That was a successful piece of leasehold reform.
All the present Government's measures attempting to bring justice to leaseholders have failed. The Landlord and Tenant Act 1985, the Landlord and Tenant Act 1987
and the Leasehold Reform, Housing and Urban Development Act 1993 have all been seen to fail, because the Government surrendered the principle of support for leaseholders to their financial interest because they are bankrolled by the big landowners. It is hardly surprising, therefore, that they are supporting an amendment that will allow compensation to landowners, which I am sure is dear to the hearts of landowners and dear to the heart of the Government.
We will continue to press for the interests of leaseholders, and, after the next election, when a Labour Government have once again been returned to this country, Labour will prepare a proper and comprehensive measure of leasehold reform, to ensure that leaseholders at long last get a measure to parallel the achievements of the 1967 Act, which achieved very great things for leaseholders in houses. It will be the next Labour Government's historic duty and responsibility to ensure that leaseholders in flats achieve a similar benefit.
Lords amendment agreed to.
Mr. Clappison:
I beg to move, That this House doth agree with the Lords in the said amendment.
The amendment clarifies the position when a leaseholder is granted a renewed lease under the provisions of part I of the Leasehold Reform, Housing and Urban Development Act 1993; the charges that applied to the old lease will apply equally to the new one, and with the same priority of interest.
Lords amendment agreed to.
Lords amendments Nos. 128 and 129 agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy Speaker:
With this, it will be convenient to discuss Lords amendments Nos. 131, 132, 141 and 301.
Mr. Curry:
This a tidying-up measure, designed to ensure that introductory tenants cannot become secure tenants through default by quitting their tenancies during the introductory period and then returning; or cannot assign their premises to someone and thus endow that other person with a secure tenancy. I believe that the measure commands a consensus.
Lords amendment agreed to.
Lords amendments Nos. 131 and 132 agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy Speaker:
With this, it will be convenient to discuss Lords amendments Nos. 134 to 137.
Mr. Curry:
Some concern was expressed in Committee to the effect that the introductory tenancies internal review might not be as objective or fair as people wanted. We were pressed to give the Secretary of State the power to make regulations that laid down basic guidance to that end. The amendment provides for that. It gives the Secretary of State the power to make regulations that can lay down requirements for the conduct of the internal review.
Mr. Raynsford:
The Opposition support amendments Nos. 135 and 136, which are to do with tenants being informed of their rights to request a review. The Minister has referred to provisions that will ensure that such a review is carried out fairly and properly.
The idea of introductory tenancies is attractive to some local authorities--but only to some. Others strongly oppose it. The Government have nevertheless proceeded with the idea, so it is clearly right to introduce safeguards against possible abuse.
Introductory tenancies deny the usual principle of security of tenure to council tenants and enable tenancies to be terminated rapidly if the local authority chooses to do so during the introductory period. Hence it is essential that there be safeguards, because the potential for abuse remains.
There is widespread concern about people who may display characteristics that are not necessarily attractive or likely to make them popular in a particular area.
They might fall foul of the provisions if they were granted a tenancy in such an area. One thinks of people housed under the care in the community provisions, who may be a cause of some concern to residents. One thinks, too, of people from ethnic minorities, who may be the subject of crude prejudice or racism.
If trumped-up complaints were lodged against such people by a majority of tenants in an area who did not want someone with a history of mental illness or with a black face to live there, there would be a real risk of injustice without a proper system of safeguards. That is why we pressed strongly in Committee for adequate time for people to dispute possession actions taken against them. They must have a proper opportunity to have their cases reviewed; such a review should be carried out fairly and reasonably, thus guaranteeing justice.
We therefore welcome the amendments, which provide the security that we think essential if the introductory tenancy concept is to come in without the risk of discrimination or breaches of natural justice.
Lords amendment agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy Speaker:
With this, it will be convenient to take Lords amendments Nos. 143 to 146, 179, 180, 244, 245, 300 and 305.
Mr. Curry:
These are purely technical amendments. No issue of principle or policy is involved--those two being, of course, indivisible.
Lords amendment agreed to.
Lords amendment: No. 127, after clause 105, to insert the following new clause--Priority of interests on grant of new lease--
". After section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted--
"Priority of interests on grant of new lease.
58A.--(1) Where a lease granted under section 56 takes effect subject to two or more interests to which the existing lease was subject immediately before its surrender, the interests shall have the same priority in relation to one another on the grant of the new lease as they had immediately before the surrender of the existing lease.
(2) Subsection (1) is subject to agreement to the contrary.
(3) Where a person who is entitled on the grant of a lease under section 56 to rights of occupation in relation to the flat comprised in that lease was entitled immediately before the surrender of the existing lease to rights of occupation in relation to the flat comprised in that lease, the rights to which he is entitled on the grant of the new lease shall be treated as a continuation of the rights to which he was entitled immediately before the surrender of the existing lease.
(4) In this section--
"the existing lease", in relation to a lease granted under section 56, means the lease surrendered on the grant of the new lease, and
"rights of occupation" has the same meaning as in the Matrimonial Homes Act 1983."
Lords amendment: No. 130, in page 72, line 13, leave out ("have been") and insert ("be")
Lords amendment: No. 133, in page 73, line 44, leave out from
("section") to end of line 45
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