Previous Section Back to Table of Contents Lords Hansard Home Page


The Lord Chancellor moved Amendment No. 83:


Page 10, line 39, at end insert:

21 Jun 1995 : Column 397


("( ) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, any reference in this Act to the landlord or the tenant is a reference to both or all of the persons who jointly constitute the landlord or the tenant, as the case may be (and accordingly nothing in section 10 applies in relation to the rights and liabilities of such persons between themselves).").

The noble and learned Lord said: I spoke to this amendment with Amendment No. 74. I beg to move.

On Question, amendment agreed to.

[Amendment No. 84 not moved.]

Clause 19, as amended, agreed to.

Clause 20 agreed to.

Clause 21 [Repeals and consequential amendments]:

The Lord Chancellor moved Amendment No. 85:


Page 11, line 1, at beginning insert:
("(1ZA) The enactments specified in Schedule (Consequential amendments) are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.").

The noble and learned Lord said: Clause 21 of the Bill provides for repeals and consequential amendments, and revision of the Bill has resulted in there being more consequential amendments than before and some rearrangement of those which were already in the clause. Amendment No. 85 paves the way for Amendments Nos. 86, 87 and 89.

Amendment No. 85 provides for there to be a new schedule of consequential amendments, and Amendment No. 86 deletes the consequential amendments presently in subsection (2) of Clause 21, which are moved to that schedule. Amendment No. 87 changes the references in subsection (3) of Clause 21, consequential on Amendments Nos. 85 and 86.

Finally, Amendment No. 89 introduces the new schedule of consequential amendments. I have referred earlier to two matters contained in this schedule, and it may be helpful to remind the Committee of them. The first matter is the consequential amendment of Sections 34 and 35 of the Landlord and Tenant Act 1954 to ensure that, when the courts fix the terms of new business tenancies under that Act, they take properly into account the effect of the removal of privity of contract liability and the other effects of this legislation.

The second matter concerns trustees, and addresses a point raised by the noble Lord, Lord Graham of Edmonton, at Second Reading. There is an amendment to the Trustee Act 1925 consequential on the provisions concerning authorised guarantee agreements, which extends to trustees and personal representatives in their representative capacity the same protection in respect of the possibility of liability under an authorised guarantee agreement as they have under the present law in respect of the possibility of privity of contract liability. I believe that the noble Lord may have been speaking on that occasion on behalf of another, but the point is dealt with. I beg to move Amendment No. 85.

The Earl of Courtown: I should like to take this opportunity to thank my noble and learned friend and his officials for their help over the past few weeks and this evening. I also wish to thank all those who have taken part in the Committee proceedings. I admit that, having been given due warning by the noble Lord, Lord Irvine of Lairg, that he might have a slight problem with one of my

21 Jun 1995 : Column 398

amendments, I saved my voice. Although I did not speak to all the amendments of my noble and learned friend the Lord Chancellor, I was in total agreement with them.

On Question, amendment agreed to.

The Lord Chancellor moved Amendments Nos. 86 to 88:


Page 11, line 3, leave out subsection (2).
Page 11, line 25, leave out subsection (3) and insert:
("(3) Subsections (1ZA) and (1) do not affect the operation of—
(a) section 77 of, or Part IX or X of Schedule 2 to, the Law of Property Act 1925, or
(b) section 24(1) (b) or (2) of the Land Registration Act 1925,
in relation to tenancies which are not new tenancies.").
Page 11, line 27, at end insert:
("( ) In consequence of this Act nothing in the following provisions, namely—
(a) sections 78 and 79 of the Law of Property Act 1925 (benefit and burden of covenants relating to land), and
(b) sections 141 and 142 of that Act (running of benefit and burden of covenants with reversion),
shall apply in relation to new tenancies.").

The noble and learned Lord said: I spoke to Amendments Nos. 86 and 87 with Amendment No. 85 and to Amendment No. 88 with Amendment No. 1. With the leave of the Committee, I should like to move these amendments en bloc.

On Question, amendments agreed to.

Clause 21, as amended, agreed to.

The Lord Chancellor moved Amendment No. 89:


Before the Schedule, insert the following new schedule:

("SCHEDULE
Consequential Amendments
Trustee Act 1925 (c.19)

1. In section 26 of the Trustee Act 1925 (protection against liability in respect of rents and covenants), after subsection (1) insert—
"(1A) Where a personal representative or trustee has as such entered into, or may as such be required to enter into, an authorised guarantee agreement with respect to any lease comprised in the estate of a deceased testator or intestate or a trust estate (and, in a case where he has entered into such an agreement, he has satisfied all liabilities under it which may have accrued and been claimed up to the date of distribution)—
(a) he may distribute the residuary real and personal estate of the deceased testator or intestate, or the trust estate, to or amongst the persons entitled thereto—
(i) without appropriating any part of the estate of the deceased, or the trust estate, to meet any future liability (or, as the case may be, any liability) under any such agreement, and
(ii) notwithstanding any potential liability of his to enter into any such agreement; and
(b) notwithstanding such distribution, he shall not be personally liable in respect of any subsequent claim (or, as the case may be, any claim) under any such agreement.
In this subsection "authorised guarantee agreement" has the same meaning as in the Landlord and Tenant (Covenants) Act 1995."
Law of Property Act 1925 (c.20)

2. In section 77 of the Law of Property Act 1925 (implied covenants in conveyances subject to rents), for subsection (2) substitute—
"(2) Where in a conveyance for valuable consideration, other than a mortgage, part of land affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be conveyed

21 Jun 1995 : Column 399

subject to or charged with the entire rent, paragraph (B) (i) of subsection (1) of this section shall apply as if, in paragraph (i) of Part VIII of the Second Schedule to this Act—
(a) any reference to the apportioned rent were to the entire rent; and
(b) the words "(other than the covenant to pay the entire rent)" were omitted.
(2A) Where in a conveyance for valuable consideration, other than a mortgage, part of land affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be conveyed discharged or exonerated from the entire rent, paragraph (B) (ii) of subsection (1) of this section shall apply as if, in paragraph (ii) of Part VIII of the Second Schedule to this Act—
(a) any reference to the balance of the rent were to the entire rent; and
(b) the words ", other than the covenant to pay the entire rent," were omitted."
Landlord and Tenant Act 1954 (c.56)

3. At the end of section 34 of the Landlord and Tenant Act 1954 (rent under new tenancy) insert—
"(4) It is hereby declared that the matters which are to be taken into account by the court in determining the rent include any effect on rent of the operation of the provisions of the Landlord and Tenant (Covenants) Act 1995."
4.—(1) The existing provisions of section 35 of that Act (other terms of new tenancy) shall constitute subsection (1) of that section.
(2) After those provisions insert—
"(2) In subsection (1) of this section the reference to all relevant circumstances includes (without prejudice to the generality of that reference) a reference to the operation of the provisions of the Landlord and Tenant (Covenants) Act 1995."").

21 Jun 1995 : Column 400

The noble and learned Lord said: I spoke to this amendment with Amendment No. 85. I beg to move.

On Question, amendment agreed to.

Remaining schedule agreed to.

House resumed: Bill reported with amendments.

Criminal Procedure (Scotland) Bill [H.L.]

Reported from the Joint Committee with amendments, and recommitted to a Committee of the Whole House.

Criminal Procedure (Consequential Provisions) (Scotland) Bill [H.L.]

Reported from the Joint Committee with amendments, and recommitted to a Committee of the Whole House.

Criminal Law (Consolidation) (Scotland) Bill [H.L.]

Reported from the Joint Committee with amendments, and recommitted to a Committee of the Whole House.


Next Section Back to Table of Contents Lords Hansard Home Page