Page 3270 - Week 11 - Wednesday, 21 September 1994
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MR MOORE (5.02): I seek leave to move the amendments circulated in my name together.
Leave granted.
MR MOORE: I move:
Page 3, line 1, clause 3, definition of "key money", paragraph (a), omit the paragraph, substitute the following paragraph:
"(a) rent, other than rent that is, in the circumstances, excessive;".
Page 3, lines 15 and 16, clause 3, definition of "lease", omit "of premises, whether for a fixed term, periodically or at will, and includes a sublease", substitute "or use of premises, exclusively or otherwise, whether for a fixed term, periodically or at will, and includes a sublease and a licence".
Page 5, lines 7 and 8, clause 3, definition of "small commercial premises", omit the definition.
Page 5, lines 26 to 29, clause 5, paragraph (1)(a), omit the paragraph, substitute the following paragraph:
"(a) retail premises;".
Page 5, lines 30 and 31, clause 5, paragraph (1)(b), omit the paragraph, substitute the following paragraph:
"(b) commercial premises;".
Page 6, lines 14 and 15, clause 6, paragraph (c), omit the paragraph, substitute the following paragraph:
"(c) a dispute about key money, compensation, renewal, costs, outgoings, a rent rebate for damaged premises, assignment, relocation, valuation, or a multiple rent review, ratchet or other rent setting clause, in relation to a lease or to negotiations for the entering into of a lease;".
Madam Speaker, I note that the Government has indicated that they will not be supporting these amendments. In fact, it continues my argument from the previous part of the debate, Madam Speaker, and that is: At what point should we intervene in agreements that are already made? Where those agreements are inappropriate, then they ought to be able to go through a dispute mechanism. If, indeed, we were saying that we were going to remove them, then there might be an argument about retrospectivity.
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