Amendments proposed to the Commonhold and Leasehold Reform Bill [Lords], As Amended - continued House of Commons

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Ms Sally Keeble

43

Page     64,     line     4     [Clause     127],     leave out from first 'of' to end of line 6 and insert 'the lease held by any of those participating members exceeds eighty years, any increase in the value of the freehold or any intermediate leasehold interest in the specified premises which is attributable to his potential ability to have a new lease granted to him as mentioned in sub-paragraph (2)(a) is to be ignored.".'.


   

Ms Sally Keeble

44

Page     65,     line     2     [Clause     131],     leave out 'one year' and insert 'two years'.

   

Mr Adrian Sanders
Sue Doughty

8

Page     65,     line     20,     leave out Clause 134.

   

Mr Adrian Sanders
Sue Doughty

9

Page     65,     line     24,     leave out Clause 135.


   

Ms Sally Keeble

45

Page     68,     line     27     [Clause     141],     leave out 'one year' and insert 'two years'.

   

Mr Roger Casale

62

Page     68,     line     37     [Clause     142],     at end insert—

    '(1A)   Nothing in the omission from section 16 of the 1967 Act provided for by subsection (1)(a) above shall prejudice the operation of any provision of a private Act by which an interest in property vested in a body for the benefit of the public may not be sold, leased, granted or otherwise disposed of otherwise than in accordance with that private Act.'.


   

Mr Adrian Sanders
Sue Doughty

1

Page     69,     line     33,     leave out Clauses 144, 145 and 146.


   

Ms Sally Keeble

60

Page     71,     line     25,     leave out Clause 150.


   

Ms Sally Keeble

46

Page     73,     line     40     [Clause     151],     at end insert—

    'required to be supplied under this section.'.


   

Ms Sally Keeble

47

Page     76,     line     31     [Clause     153],     at end insert—

    '(1A)   Subsection (1) applies whether or not any payment has been made.'.


   

Ms Sally Keeble

48

Page     78,     line     31     [Clause     154],     at end insert—

    '(9A)   Nothing in this section applies to the payee if the circumstances are such as are specified in regulations made by the Secretary of State.'.


   

Ms Sally Keeble

49

Page     124,     line     23     [Schedule     11],     leave out from 'Schedule' to end of line 28 and insert '"variable administration charge" means an administration charge payable by a tenant which is neither—

            (a)   specified in his lease, nor

            (b)   calculated in accordance with a formula specified in his lease.'.


   

Ms Sally Keeble

50

Page     125,     line     12     [Schedule     11],     at end insert—

'Notice in connection with demands for administration charges

    3A (1) A demand for the payment of an administration charge must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to administration charges.

    (2) The appropriate national authority may make regulations prescribing requirements as to the form and content of such summaries of rights and obligations.

    (3) A tenant may withhold payment of an administration charge which has been demanded from him if sub-paragraph (1) is not complied with in relation to the demand.

    (4) Where a tenant withholds an administration charge under this paragraph, any provisions of the lease relating to non-payment or late payment of administration charges do not have effect in relation to the period for which he so withholds it.'.

   

Ms Sally Keeble

51

Page     125,     line     21     [Schedule     11],     at end insert—

      '(1A) Sub-paragraph (1) applies whether or not any payment has been made.'.


   

Ms Sally Keeble

52

Page     81,     line     38     [Clause     161],     leave out 'by the landlord ("a nominated' and insert 'or approved by the landlord ("the landlord's'.

   

Ms Sally Keeble

53

Page     81,     line     39     [Clause     161],     leave out 'a nominated' and insert 'the landlord's'.


   

Ms Sally Keeble

54

Page     82,     line     3     [Clause     161],     leave out 'a nominated' and insert 'the landlord's'.


   

Mr William Cash
Mr Geoffrey Clifton-Brown
Andrew Selous
Mr John Taylor
Mr Bill Wiggin
Dr Julian Lewis

70

Page     83,     line     30     [Clause     162],     leave out 'must be in a prescribed form' and insert 'must contain such information as may be prescribed'.


GOVERNMENT NEW CLAUSES 9, 10, 11 AND OTHER NEW CLAUSES RELATING TO FORFEITURE OF LEASES

Failure to pay small amount for short period
   

Ms Sally Keeble

NC9

To move the following Clause:—

          '(1)   A landlord under a long lease of a dwelling may not exercise a right of re-entry or forfeiture for failure by a tenant to pay an amount consisting of rent, service charges or administration charges (or a combination of them) ("the unpaid amount") unless the unpaid amount—

          (a) exceeds the prescribed sum, or

          (b) consists of or includes an amount which has been payable for more than a prescribed period.

          (2)   The sum prescribed under subsection (1)(a) must not exceed £500.

          (3)   If the unpaid amount includes a default charge, it is to be treated for the purposes of subsection (1)(a) as reduced by the amount of the charge; and for this purpose "default charge" means an administration charge payable in respect of the tenant's failure to pay any part of the unpaid amount.

          (4)   In this section "long lease of a dwelling" does not include—

          (a) a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies,

          (b) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5) in relation to which that Act applies, or

          (c) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8).

          (5)   In this section—

      "administration charge" has the same meaning as in Part 1 of Schedule 11,"dwelling" has the same meaning as in the 1985 Act,"landlord" and "tenant" have the same meaning as in Chapter 1 of this Part,"long lease" has the meaning given by sections 76 and 77 of this Act, except that a shared ownership lease is a long lease whatever the tenant's total share,"prescribed" means prescribed by regulations made by the appropriate national authority, and"service charge" has the meaning given by section 18(1) of the 1985 Act.'.


Power to prescribe additional or different requirements

   

Ms Sally Keeble

NC10

To move the following Clause:—

          '(1)   The appropriate national authority may by regulations prescribe requirements which must be met before a right of re-entry or forfeiture may be exercised in relation to a breach of a covenant or condition in a long lease of an unmortgaged dwelling.

          (2)   The regulations may specify that the requirements are to be in addition to, or instead of, requirements imposed otherwise than by the regulations.

          (3)   In this section "long lease of a dwelling" does not include—

          (a) a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies,

          (b) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5) in relation to which that Act applies, or

          (c) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8).

          (4)   For the purposes of this section a dwelling is unmortgaged if it is not subject to a mortgage, charge or lien.

          (5)   In this section—

      "dwelling" has the same meaning as in the 1985 Act, and"long lease" has the meaning given by sections 76 and 77 of this Act, except that a shared ownership lease is a long lease whatever the tenant's total share.'.


Notice to accompany demands for service charges

   

Ms Sally Keeble

NC11

To move the following Clause:—

       'After section 21A of the 1985 Act (inserted by section 151) insert—

    "21B   Notice to accompany demands for service charges

    (1)   A demand for the payment of a service charge must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges.

    (2)   The Secretary of State may make regulations prescribing requirements as to the form and content of such summaries of rights and obligations.

    (3)   A tenant may withhold payment of a service charge which has been demanded from him if subsection (1) is not complied with in relation to the demand.

    (4)   Where a tenant withholds a service charge under this section, any provisions of the lease relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it.

    (5)   Regulations under subsection (2) may make different provision for different purposes.

    (6)   Regulations under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

 
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