§ Mr. Rifkind
I beg to move amendment No. 174, in page 38, line 36, after ' 11', insert ' in paragraph (a), after "Case", insert(notwithstanding, in the case of a notice given under this paragraph before the commencement 735 of section 52 of the Tenants' Rights, Etc. (Scotland) Act 1980, that the notice may not have referred to any of subparagraphs (ii) to (v) of paragraph (c))" ; and'.
Mr. Deputy Speaker
With this we are to take the following amendments :
No. 246, in page 39, line 11, leave out paragraph (v).
Government amendment No. 175.
No. 247, in page 39, line 25, leave out paragraph (iv).
§ Mr. Rifkind
The effect of the amendment and of Government amendment No. 175 is to ensure that the notices served under cases 11 and 11A as they read prior to amendment are valid should a landlord seek to recover possession under one of the additional grounds inserted in these cases. This is, I think, a non-controversial amendment and I am sure it will be acceptable to the House.
I shall not comment on the Opposition amendments until they have been spoken to by the Opposition.
§ Mr. Millan
I want to put on record again that I am not at all happy—I think I raised this point in Committee—with paragraph (v) on page 39. It is rather unfortunate if the tenant is put at a disadvantage because of the default of his landlord in paying his mortgage, or whatever the circumstances may be. I think that the Minister said that he would look at that, and we have tabled our amendments accordingly. I should prefer that the paragraph were eliminated from the Bill, but at least I would be interested to know what the Minister feels about it, having had an opportunity to consider it since the Committee stage.
§ Mr. Rifkind
We are still faced with the difficulty that, if the right hon. Gentleman's amendment were accepted and the Bill changed, the default of a debtor would transform what had been intended to be only a temporary letting into a letting with full Rent Act security. This clearly was not the intention of any of the parties at the time the original tenancy was created, and it is for this basic reason that the amendment is inappropriate.
I think the right hon. Gentleman would agree that it would be inappropriate to give full Rent Act protection if that had not been the intention of any of the parties involved. For this reason. I hope 736 that he will not feel it necessary to press his amendments.
§ Amendment agreed to.
Amendment made : No. 175, in page 39, line 17, after 'IIA', insert
'in paragraph (a), after "Case", insert "(notwithstanding, in the case of a notice given under this paragraph before the commencement of section 52 of the Tenants' Rights, Etc. (Scotland) Act 1980, that the notice may not have referred to any of subparagraphs (iii) to (v) of paragraph (c))" ; and'.—[Mr. Rifkind.]