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Catalogue Reference:CAB/129/92
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THIS D O C U M E N T IS T H E P R O P E R T Y O F H E R B R I T A N N I C MAJESTY'S G O V E R N M E N T
The circulation of this paper has been strictly limited. llua^ V^v It is issued for the personal use of... - ---Br^J^TOP
C.(58)
SECRET
Copy N o . - . )
64
27th March,
1958
CABINET
R E N T
M e m o r a n d u m
by the
I a m
that a number
under
£40
A C T :
AMELIORATION
Minister
value
elsewhere)
will be
possession
runs
likely to be
in L o n d o n and
in t h i s
decontrolled
2.
families
and
Cheltenham
doubtless
sympathy;
faced
s o m e
are
agreement,
or
rent
buy other
help, legislation would be
is thoroughly
great
limited
necessary.
pressure
opinion to pass
in O c t o b e r
or
in
Some
London,
will
to
tenants
simply
a
because
new
Many
eviction by
of
an
feeling.
where they
is
deserve
of h a v i n g to
in m y
emergency
November:
and
of t h e m
or no claim
own -
The thought
But the alternative
by public
mainly
like Worthing
m e a n s , whose
such tenants
all
25,000.
deserving
public
it
c e n t of
landlord to m a k e
strong
given to
distasteful.
forced
of t h e w h o l e ,
people.
and
on
tenants
suitable accommodation.
landlord will create
help to be
period
of
will be about
of t h e i r
than
value
standstill
number
with little
decent
to get their
elderly people with
For
should be
bad tenants
through no fault
either
of m o r e
rateable
in r e s o r t s
doubt
decontrolled
If o n l y 3 p e r
of r e t i r e d
likely to be
they have been unable
3.
Though the
big t o w n s , and
or
can be no
flats
at r i s k of e v i c t i o n w i l l b e found
but m o s t
will be
£30
a r e involved, the figure
with homelessness
unsympathetic
and
(i. e. , d w e l l i n g s
several thousand.
other
Government
Cabinet that there
1957
October.
unreasonable
or to
Local
of h o u s e s
Scotland,
with a high proportion
be
and
position will be a tiny minority
Tenants
Glasgow,
HARDSHIP
exposed to eviction when the
out next
can hardly be less than
of
the
800,000 tenants
S e c t i o n 11(1) o f t h e R e n t A c t ,
rateable
them
of H o u s i n g
bound to inform
of t h e
OF
legislate
view that
we
legislation
and that would be
under
worst
all.
4.
In a g r e e m e n t
therefore
thought
of t h e
Cabinet, to
whom
eviction would
maintaining
prepared
structure
against
give a degree
entail
the principle
both landlords
with the
of d e c o n t r o l a n d
of the
any
departure
Rent Act.
But we
on 3rd
March to
necessary to achieve these
support
from
have
-1­
at the
an
incentive
I a m
the m a i n purposes
never
declared
the Government
in a
same
agreements.
i n d e e d , t h e H o u s e of
purposes
fair
I
and
have
consideration
protection to tenants
providing
into fresh
Scotland
for the
hardship, while
and tenants to enter
to advocate
of S t a t e for
proposals,
of t e m p o r a r y
serious
smoothing the transition;
resolved
Secretary
it r i g h t t o f o r m u l a t e
for
time
to
not
and
ourselves
C o m m o n s
in all
m e a s u r e s
reasonable
manner.
5.
The
conceived
to the
so as
m e a s u r e
essentially as
residual
hard
t h e t e n a n t t o find
6 .
O F
(i)
is
a first-aid
core
to avoid actual
SUMMARY
proposed
The
some
County Court, which as things
s t a y of e v i c t i o n for
No
landlord
an
Order
When the
before
next
relief
October
extra time
­
for
The
case
the
of
seek
where
has been
under
entitled to
to
application for
such
in occupation
of t h e
of t h e
seek
of h i s
Bill for the
since
Rent
to
family)
before
Act,
1956.
will have to
satisfy the
that he has
made
he has
made
being
every
possession,
­
attempt
with his
infirmity
effort
or
accommodation
of h i s f a m i l y ,
to
landlord;
reasonable
had to age,
to obtain alternative
of
Court
a reasonable
a new agreement
needs
is
right to
premises
the tenant
the
without
will be limited
a postponement
negotiate
a
(or a m e m b e r
in obtaining
(regard
conditions.
possession
succeed
( b ) t h a t
longer
such an Order
postponement
the tenant
introduction
( a )
weeks­
give a
certain
regain
give
six
possession.
i. e. , N o v e m b e r ,
To
empowered
cases
cannot
Court, the tenant will have
right to
the
are
than four to
Court.
landlord's
the
m o r e
will be
will be
of t h e
postponement
( v )
is
accommodation.
stay in a p p r o p r i a t e
( i v )
is bound to e x i s t
and to give
at the m a x i m u m ,
( i i i )
It
P R O P O S A L S
a
( i i )
below.
operation to give t e m p o r a r y
of c a s e s t h a t
homelessness
new
s u m m a r i s e d
disability)
adequate
and within his
to
means;
and
( c ) t h a t i n a l l t h e
dispossession
him
If t h e t e n a n t
remain
than
( v i i )
will inflict
than failure
time
( v i )
circumstances
being
can
will upon the
from
the
can also
extension,
of p o s t p o n e m e n t
will be
pay a
rent
period
an
rent
Order
o f 21 t i m e s
of p o s t p o n e m e n t
C o u r t t o fix a
gross
value)
date
gross
further
same
tests.
rent
value
equal
from
on which the landlord
is determined.
gross
If
-
lower
subject
rent
however
gross
SECRET
value.
1
s
postponement
value throughout
to
cannot
to
the
power
(but not l e s s t h a n
if s a t i s f i e d t h a t t h e t e n a n t
times
- 2 -
TOP
subject to the
of t w i c e
m o r e
C o u r f s
is granted, the tenant will then have
to the
t o p a y Z\
allowed
or
seek an extension, or
1950 until the
application for
of t h e
required to pay a notional
"controlled"
on
the
landlord.
date
He
of p o s s e s s i o n
for
not less than three
decision.
6th O c t o b e r ,
hardship
satisfy these tests, he m a y be
nine months
to the
greater
case
to regain possession
in occupation for
The tenant
of t h e
twice
afford
( v i i i )
In v i e w
a
( i x )
of t h e d i f f e r e n t
different
The
s a m e
interest
denied
apply
( x )
It i s
A
Landlord
preparation to give
approved,
it is
Parliament
proceeded
restrictions
possession
under these
p r e m i s e s
had
years
and Tenant
(Temporary
next week
proposals.
desirable that
before the
quickly as
Easter
possible
of H o u s i n g
and
Local
26th
March,
1958
-3­
should
and
is
would
operate
Provisions)
If t h e p o l i c y
Easter
for
Act.
recess, and the
Government,
S.W.I.
as
Bill
is
is
it s h o u l d b e a n n o u n c e d
between
be
decontrolled.
of t h e
H.B.
Ministry
will
Scotland.
landlord
provisions
provisions
the passing
to these
as the
not b e e n
from
view
rent for
as to foreclosure
will apply for such t i m e
if t h e
effect
in m y
with as
mortgage
structure, there
on notional
proposed that these
three
7.
rent
provision
to
legislation
and
Whitsun.
in