I beg to move, Amendment No. 50, in page 22, line 36, after 'under', insert 'subsection (1) of'.
This is a small drafting Amendment to ensure that there is no confusion between a local authority's "allowance scheme" under subsection (1) of the Clause and a scheme under subsection (9) operated by the Greater London Council for its non-housing revenue account tenants. The latter would in fact be a scheme for granting rebates but is treated as an "allowance scheme" for the purpose of this Part of the Bill, and is so defined in Clause 26(1). The Greater London Council will not be operating an allowance scheme for private tenants in their area since these tenants will be dealt with by the London borough councils.
I beg to move Amendment No. 51, in page 23, line 10, at end insert:
(5A) A person is also a private tenant if he occupies a dwelling let to him by the Crown Estate Commissioners and his tenancy would be a protected tenancy but for section 4 of the Rent Act 1968.
This Amendment follows from an undertaking by the Minister in Committee, at column 682 of the Official Report, that unfurnished tenants of the Crown Estate Commissioners would be included as "private tenants" under Clause 19 and therefore be eligible for consideration for rent allowances
Crown tenants are not protected tenants under the Rent Act, 1968, and are therefore not within the definition of "private tenant" in Clause 19(4). However, the Crown Estate Commissioners are in a special position. They are precluded from granting rebates because of their statutory duty to obtain the best consideration for any disposal of Crown Estate land, which includes the grant of a lease or tenancy.
The Crown Estate Commissioners have in the past, in order that their tenants might not be in a position less favourable than those of a subject, undertaken to ensure that wherever practicable no tenant is prejudiced by the fact that a tenancy granted by them cannot be either regulated or statutory. It is considered only equitable that provision be made in the Bill to ensure that a tenant who would otherwise be eligible for a rent allowance under Clause 19 is not deprived of this right because he is living on the Crown Estate.