Commonhold and Leasehold Reform Bill [H.L.] - continued        House of Lords
PART II, LEASEHOLD REFORM - continued
Supplementary - continued

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Agreements excluding or modifying right.     104. Any agreement relating to a lease (whether contained in the instrument creating the lease or not and whether made before the creation of the lease or not) is void in so far as it-
 
 
    (a) purports to exclude or modify the right of any person to be, or do any thing as, a member of a RTM company,
 
    (b) provides for the termination or surrender of the lease if the tenant becomes, or does any thing as, a member of a RTM company or if a RTM company does any thing, or
 
    (c) provides for the imposition of any penalty or disability if the tenant becomes, or does any thing as, a member of a RTM company or if a RTM company does any thing.
Application to Crown.     105. - (1) This Chapter applies in relation to premises in which there is a Crown interest.
 
      (2) There is a Crown interest in premises if there is in the premises an interest or estate-
 
 
    (a) which is comprised in the Crown Estate,
 
    (b) which belongs to Her Majesty in right of the Duchy of Lancaster,
 
    (c) which belongs to the Duchy of Cornwall, or
 
    (d) which belongs to a government department or is held on behalf of Her Majesty for the purposes of a government department.
      (3) Any sum payable under this Chapter to a RTM company by the Chancellor of the Duchy of Lancaster may be raised and paid under section 25 of the Duchy of Lancaster Act 1817 as an expense incurred in improvement of land belonging to Her Majesty in right of the Duchy.
 
      (4) Any sum payable under this Chapter to a RTM company by the Duke of Cornwall (or any other possessor for the time being of the Duchy of Cornwall) may be raised and paid under section 8 of the Duchy of Cornwall Management Act 1863 as an expense incurred in permanently improving the possessions of the Duchy.
 
Powers of trustees in relation to right.     106. - (1) Where trustees are the qualifying tenant of a flat contained in any premises, their powers under the instrument regulating the trusts include power to be a member of a RTM company for the purpose of the acquisition and exercise of the right to manage the premises.
 
      (2) But subsection (1) does not apply where the instrument regulating the trusts contains an explicit direction to the contrary.
 
      (3) The power conferred by subsection (1) is exercisable with the same consent or on the same direction (if any) as may be required for the exercise of the trustees' powers (or ordinary powers) of investment.
 
      (4) The purposes-
 
 
    (a) authorised for the application of capital money by section 73 of the Settled Land Act 1925, and
 
    (b) authorised by section 71 of that Act as purposes for which moneys may be raised by mortgage,
       include the payment of any expenses incurred by a tenant for life or statutory owner as a member of a RTM company.
 
Power to prescribe procedure.     107. - (1) Where a claim to acquire the right to manage any premises is made by the giving of a claim notice, except as otherwise provided by this Chapter-
 
 
    (a) the procedure for giving effect to the claim notice, and
 
    (b) the rights and obligations of all parties in any matter arising in giving effect to the claim notice,
       shall be such as may be prescribed by regulations made by the appropriate national authority.
 
      (2) Regulations under this section may, in particular, make provision for a person to be discharged from performing any obligations arising out of a claim notice by reason of the default or delay of some other person.
 
Notices.     108. - (1) Any notice under this Chapter-
 
 
    (a) must be in writing, and
 
    (b) may be sent by post.
      (2) A company which is a RTM company in relation to premises may give a notice under this Chapter to a person who is landlord under a lease of the whole or any part of the premises at the address specified in subsection (3) (but subject to subsection (4)).
 
      (3) That address is-
 
 
    (a) the address last furnished to a member of the RTM company as the landlord's address for service in accordance with section 48 of the 1987 Act (notification of address for service of notices on landlord),
 
    (b) if no such address has been so furnished, the address last furnished to such a member as the landlord's address in accordance with section 47 of the 1987 Act (landlord's name and address to be contained in demands for rent), or
 
    (c) if no such address has been so furnished, any address furnished by the landlord under section 79 of the Land Registration Act 1925.
      (4) But the RTM company may not give a notice under this Chapter to a person at the address specified in subsection (3) if it has been notified by him of a different address in England and Wales at which he wishes to be given any such notice.
 
      (5) A company which is a RTM company in relation to premises may give a notice under this Chapter to a person who is the qualifying tenant of a flat contained in the premises at the flat unless it has been notified by the qualifying tenant of a different address in England and Wales at which he wishes to be given any such notice.
 
 
Interpretation
Definitions.     109. - (1) In this Chapter-
 
 
    "appurtenant property", in relation to a building or part of a building or a flat, means any garage, outhouse, garden, yard or appurtenances belonging to, or usually enjoyed with, the building or part or flat,
 
    "copy", in relation to a document in which information is recorded, means anything onto which the information has been copied by whatever means and whether directly or indirectly,
 
    "the court" means a county court,
 
    "document" means anything in which information is recorded,
 
    "dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling,
 
    "flat" means a separate set of premises (whether or not on the same floor)-
 
      (a) which forms part of a building,
 
      (b) which is constructed or adapted for use for the purposes of a dwelling, and
 
      (c) either the whole or a material part of which lies above or below some other part of the building,
 
    "relevant costs" has the meaning given by section 18 of the 1985 Act,
 
    "service charge" has the meaning given by that section, and
 
    "unit" means-
 
      (a) a flat,
 
      (b) any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling, or
 
      (c) a separate set of premises let, or intended for letting, on a tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies).
      (2) In this Chapter "lease" and "tenancy" have the same meaning and both expressions include (where the context permits)-
 
 
    (a) a sub-lease or sub-tenancy, and
 
    (b) an agreement for a lease or tenancy (or for a sub-lease or sub-tenancy),
       but do not include a tenancy at will or at sufferance.
 
      (3) The expressions "landlord" and "tenant", and references to letting, to the grant of a lease or to covenants or the terms of a lease, shall be construed accordingly.
 
      (4) In this Chapter any reference (however expressed) to the lease held by the qualifying tenant of a flat is a reference to a lease held by him under which the demised premises consist of or include the flat (whether with or without one or more other flats).
 
      (5) Where two or more persons jointly constitute either the landlord or the tenant or qualifying tenant in relation to a lease of a flat, any reference in this Chapter to the landlord or to the tenant or qualifying tenant is (unless the context otherwise requires) a reference to both or all of the persons who jointly constitute the landlord or the tenant or qualifying tenant, as the case may require.
 
      (6) In the case of a lease which derives (in accordance with section 74(5)) from two or more separate leases, any reference in this Chapter to the date of the commencement of the term for which the lease was granted shall, if the terms of the separate leases commenced at different dates, have effect as references to the date of the commencement of the term of the lease with the earliest date of commencement.
 
Index of defined expressions.     110. In this Chapter the expressions listed below are defined by the provisions specified.
 
 
 
Expression
 
Interpretation provision
 
Approval (and approving)
 
Section 95(7)
 
Appurtenant property
 
Section 109(1)
 
Acquisition date
 
Sections 71(1)(b) and 87
 
Claim notice
 
Section 77(1)
 
Contractor party
 
Section 88(2)(b)
 
Copy
 
Section 109(1)
 
Counter-notice
 
Section 81(1)
 
Court
 
Section 109(1)
 
Date of the commencement of the term of a lease
 
Section 109(6)
 
Determination date
 
Section 88(5)
 
Document
 
Section 109(1)
 
Dwelling
 
Section 109(1)
 
Existing management contract
 
Section 88(3)
 
Flat
 
Section 109(1)
 
Landlord
 
Section 109(3) and (5)
 
Lease
 
Section 109(2) to (4)
 
Letting
 
Section 109(3)
 
Long lease
 
Sections 73 and 74
 
Manager party
 
Section 88(2)(a)
 
No dispute about entitlement
 
Section 87(3)
 
Notice of invitation to participate
 
Section 75
 
Notice of withdrawal
 
Section 83(1)
 
Premises to which this Chapter applies
 
Section 69 (and Schedule 6)
 
Qualifying tenant
 
Sections 72 and 109(4) and (5)
 
Relevant costs
 
Section 109(1)
 
Relevant date
 
Section 77(1)
 
Right to manage
 
Section 68(2)
 
RTM company
 
Section 70
 
Service charge
 
Section 109(1)
 
Tenancy
 
Section 109(2)
 
Tenant
 
Section 109(3) and (5)
 
Tenant covenant
 
Section 97(4)
 
Unit
 
Section 109(1)
 
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