Clause 2. — (Suspension of Execution of Order for Possession.)

Part of Orders of the Day — Protection from Eviction Bill – in the House of Commons at 12:00 am on 8th December 1964.

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Photo of Sir John Hobson Sir John Hobson , Warwick and Leamington 12:00 am, 8th December 1964

With respect, there is a complete difference. Paragraph (c) deals with a completely different situation, namely, whether the ex-tenant has made efforts to obtain other suitable accommodation. This is looking to his position whether he has made any attempt to approach an estate agent or take any other steps. The refusal of an offer, which is dealt with in paragraph (b), is different from making reasonable efforts. On the argument of the hon. and learned Gentleman, the whole of paragraph (b) is unnecessary because the tenant would not have made any reasonable efforts if he had refused the offer of the tenancy of the premises or part of them. The argument is the same if we are to have paragraph (b), and I have always thought that there were strong arguments for saying that we should not have anything except that the judge does what is reasonable, and therefore hand everything over to the county court judges and let them do what they like. But if we are to stand on paragraphs (a) to (d), and if we have in paragraph (b) "unreasonable refusal", and in paragraph (c) "reasonable efforts", we should not distinguish, as judges will when they consider the present words, between the offer of the actual premises and the offer of other premises.

5.45 p.m.

For those reasons I ask the Government to reconsider whether they should not put in what is sensible, namely, that if a tenant ought to have held against him that he has refused to accept tenancy of the particular premises, he ought equally and in parity to have held against him a refusal to accept equally suitable accommodation which may be next door.