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

The hon. Lady the Member for Wood Green (Mrs. Butler) moved the Amendment with moderation. It is true that the wording was in the 1958 Act, but it can work two ways. A case where the landlord was entitled to possession took two minutes to decide because it was not disputed, but a long time was spent on whether the order should have been defended or not and whether on the way the case was conducted the tenant should have had costs.

If the Amendment were accepted, the tenant would not be able to recover the cost from the landlord. It works both ways, and on this question of costs one has to look at both sides. On the whole, I should have thought that in a temporary Measure it would have been better to leave the matter as it was to the discretion of the judges who exercise it very properly and understand the problems as they arise rather than that the judges should be shackled in the way in which they might exercise their discretion in favour of the tenant having costs if the tenant was so entitled. Therefore, I would suggest to the House, I hope with moderation, that it might be better not in temporary legislation to put in a restriction of this nature.