The point is that the judge has absolute discretion in these matters and would probably interpret his responsibilities as not giving, in those cases, the period of two months’ grace before an eviction took place. But the noble and learned Lord, Lord Scott, is absolutely correct to say that perhaps it would be up to the judge to make a decision on the merits of the case before him or her.
The noble Lord, Lord Addington, expressed his support for the Bill and made the point that possibly a period of three months would be better than two months. However, the two-month period at least has symmetry with assured shorthold tenancies which have the opportunity, once the tenancy is running, for two months’ notice to be granted. It is the same period as for tenants in those circumstances, so there is logic behind it. Again, I am grateful to the noble Lord for his support and that of his Benches.
The noble Earl, Lord Cathcart, made the point that this absolutely prevents repeated postponements, which was an anxiety of those representing lenders; this allows a two-month postponement and no more. He also asked about the prescribed steps for notifying occupiers the second time around. I know that there has been debate as to whether, for example, the envelope should say on the outside that it has come from the courts—drawing special attention to it—or whether that would be rather alarmist; should it instead be in a plain envelope? It will at least be addressed to the tenant or occupier, not just to the occupier, which may slightly distinguish it from other mail. We are yet to have the full details, which will be in regulations, and these will give us an opportunity to ensure they come out correctly.
I am also very grateful to the Minister, not just for his comments but for giving this Bill the Government’s absolute backing from the beginning, without which it would not have been possible. I conclude by asking the House to give the Bill a Second Reading.
Bill read a second time and committed to a Committee of the Whole House.
Mortgage Repossessions (Protection of Tenants Etc.) Bill
Proceeding contribution from
Lord Best
(Crossbench)
in the House of Lords on Tuesday, 30 March 2010.
It occurred during Debate on bills on Mortgage Repossessions (Protection of Tenants Etc.) Bill.
Type
Proceeding contribution
Reference
718 c1336 
Session
2009-10
Chamber / Committee
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2024-04-21 21:01:39 +0100
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