Landlords and retailers this week banded together in a pact to force the Government’s hand over privity of contract, writes David Sands.
Last November, the British Property Federation and the British Retail Consortium outlined to the Government an agreed formula for amendments to a Private Members’ Bill, which advocates the abolition of privity.
The Bill ran out of parliamentary time in the last session and was re-presented this week by Peter Thurnham MP.
After considering the formula, the Lord Chancellor’s Department decided to carry out a consultation excercise, but, according to BPF director-general William McKee, there has been “total silence” from the department since then.
Ruth Parkhouse, BRC assistant director of external affairs, also expressed deep concern over the lack of response. She said: “We are meeting the Lord Chancellor’s Department at the end of the month, and we hope that a consultation document can go out and be replied to by April, when the Bill’s second reading takes place.”
BPF and BRC hope to incorporate amendments to the Bill at Committee stage and, if they are not taken on board, the BPF said it will try to block the Bill. A Private Members’ Bill can be killed off by just one MP opposing it.
Meanwhile, the BRC is consulting Geoffrey Clifton-Brown MP on the Agricultural Tenancies Bill. The retail industry’s representative body is concerned that the Bill could bring forward leases which also include privity of contract.
This would create a precedent that would be detrimental to the Thurnham Bill’s progress.
