The House will now take into consideration the report of the Committee on the amendments made by the Seanad to the Bill, to which certain amendments have been made by the Committee.
Road Transport Bill, 1931—Money Resolution. - Town Tenants Bill, 1930—Amendments from the Seanad—Report.
I propose to add the following amendment to Amendment 10 inserted by the Senate, which I think will meet the views that have been expressed from different quarters of the House:
At the end of the amendment to insert the following words:—
"Provided that the failure to serve such notice shall not deprive a tenant of his right (if any) to compensation in respect of such work if such tenant satisfies the court that his landlord did not suffer any loss or damage by reason of such failure."
That does away with the complete loss which the tenant might have incurred in certain very rare circumstances as to the value of improvements made.
As the Minister states, this does away with the complete deprivation of the tenant of his right to compensation. I do not think it confers much benefit on him. The tenant will have very considerable difficulty in proving to the court that the landlord has suffered no loss or damage. This is an advance on the Seanad amendment. I would prefer the Minister to put the burden of proof on the landlord and not on the tenant, but I do not suppose it is possible to change it now. The amendment I would have suggested would provide that the landlord should satisfy the court that he was substantially prejudiced by the omission of the tenant to serve such notice. I think it would be easier for the landlord to prove his loss than for the tenant to prove that the landlord had suffered no loss. That is the type of amendment I would have preferred. As the Minister is going to go as far as this I am prepared to accept it.
The tenant is the person in fault. I think the matter is very largely theoretical because I doubt if more than a few improvements will be carried out as a result of a notice served by a sanitary authority. If the tenant in a case contemplates his own default I think it is only right that the onus should be thrown on him. The tenant is clearly the person in fault.
Amendment, as amended, agreed to.
Report of the Committee, as so amended, agreed to.
Message to be sent to the Seanad acquainting them accordingly.