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BILL

[AS AMENDED BY STANDING
COMMITTEE B AND ON REPORT]

To provide for the payment of compensation
for improvements and goodwill to tenants
of premises used for business purposes, or
the grant of a new lease in lieu thereof; and
to amend the law of landlord and tenant.

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Ordered, by The House of Commons, to be Printed, 14 November 1927.

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To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2:

120, George Street, Edinburgh; York Street, Manchester;
1, St. Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast:
or through any Bookseller.

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LORDS AMENDMENTS

TO THE

LANDLORD AND TENANT (No. 2) BILL.

[NOTE. The page and line refer to Bill (123) as

first printed by the Lords.]

Page 1.

Line 15, leave out ("sent or received ") and insert ("served on or ")

Page 2.

Line 11, leave out (" the capitalised value of ")
Line 12, leave out (" letting")

Line 24, leave out ("capitalised value") and insert
("amount ")

Line 28, leave out ("the buildings ") and insert ("or to make structural alterations in the premises

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or any part thereof ")

Line 29, leave out from ("purpose") to ("regard ") in line 31

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Line 32, after ("had") insert ("to the effect of such demolition, alteration or change of user on "the additional value attributable to the improvement and ")

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Line 33, after (" demolition ") insert (" alteration ")

Line 40, leave out ("the buildings ") and insert (" or alter ")

Page 3.

Line 18, leave out ("one month ") and insert ("two months ")

Line 21, after (" willing ") insert (" and able ")

Line 21, after ("tenant ") insert ("or obtain the grant to him of ")

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Line 24, leave out ("if") and insert (" where such a notice is so served and ")

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Line 35, leave out the third (" of ") and insert ("attributable to ")

Line 42, after ("landlord ") insert (" or his pre"decessors in title ")

Page 4.

Line 7, leave out ("building") and insert (“ pre"mises ")

Line 8, leave out ("receipt") and insert ("ser"vice")

Line 33, at end insert as a new subsection :

("(2) In considering whether the improvement is reasonable and suitable to the character of the holding the tribunal shall have regard to any evidence brought before it by the landlord or any superior landlord (but not any other person) that the improvement is calculated to injure the amenity or convenience of the neighbourhood.")

Line 42, after ("tenant ") insert ("as against the "immediate and any superior landlord ")

Page 5.

Line 9, at end insert:

("(c) for securing any rights of the public over the foreshore or bed of the sea ")

Line 13, leave out ("given notice thereof ") and insert("served notice of the proposal to make "the improvement ")

Line 14, leave out (" given ") and insert (" served ")

Page 5.

Line 23, leave out ("suspend the execution of ") and insert ("defer making ").

Line 25, at end insert as a new subsection :

'(5) Where a tenant has executed an improvement of which he has served notice in accordance with this section and with respect to which either no notice of objection has been served by the landlord or a certificate that it is a proper improvement has been obtained from the tribunal, the tenant may require the landlord to furnish to him a certificate that the improvement has been duly executed; and if the landlord refuses or fails within one month after the service of the requisition to do so, the tenant may apply to the tribunal who, if satisfied that the improvement has been duly executed, shall give a certificate to that effect.

Where the landlord furnishes such a certificate, the tenant shall be liable to pay any reasonable expenses incurred for the purpose by the landlord, and if any question arises as to the reasonableness of such expenses, it shall be determined by the tribunal.")

Line 30, leave out ("of receiving the notice ") and insert ("after the service of the notice on the "tenant ")

Page 6.

Line 34, leave out ("value of the licence") and insert ("fact that the premises are licensed premises")

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Line 38, after ("elsewhere") insert (" and may "make it a condition of its award that the "tenant shall undertake not to carry on the "trade or business within such distance of the premises as may be specified in the award ") Line 40, at end insert:

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("(e) where the landlord proves that the value of the goodwill has been created or increased owing to restrictions imposed by the landlord, whether by agreement with the tenant or not, upon the letting for a competitive trade or business of other premises in the

Page 6.

Page 7.

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neighbourhood owned by or under the control of the landlord, the tribunal shall have regard thereto and may refuse the application for compensation or may award a reduced amount of compensation.")

Line 3, leave out ("agreement") and insert in a collateral agreement, unless, in the case of an option, the terms of the option are such that the tenant could not reasonably be expected to "exercise it.")

Line 16, at end insert as a new subsection :

("(2) For the purposes of this section, premises shall be deemed to be used for a more profitable purpose if, but not unless, the rent which the landlord could obtain for the premises if used for that purpose would be greater than the rent which could be obtained if they were used for the purpose of the trade or business carried on by the tenant.")

Line 23, after the second ("of ") insert ("the value of ")

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Line 33, leave out ("such compensation") and insert ("the sum which could be awarded to him "under that section ")

Page 8.

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Line 1, after ("tenancy ") insert ("or, where the tenancy is terminated by notice, within two months after the service of the notice ")

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Line 27, leave out ("such compensation") and insert ("the sum which could be awarded to him under that section ")

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Page 9.

Line 40, after ("proved ") insert ("to the satisfaction of the tribunal ")

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