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Amendments to the Commonhold and Leasehold Reform Bill [H.L.]

Commonhold and Leasehold Reform Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Commonhold and Leasehold Reform Bill [H.L.] to be moved in Grand Committee in the House of Lords.

  
Clause 8
 
  
BY THE EARL OF CAITHNESS
 
     Page 4, line 32, after ("Part") insert (""the first") 
     Page 4, line 34, at end insert--
 
    ("(  )  The second transitional period" means the period between the event mentioned in section 7(3) and the date upon which all units in the building have been sold.")
 
     Page 4, line 35, leave out ("a transitional period") and insert ("both transitional periods") 
     Page 4, line 42, at end insert--
 
    ("(  )  Regulations shall provide that during the second transitional period, where units are still under construction or waiting sale, special provisions shall apply to ensure that maintenance, repair, services and insurance are maintained by the commonhold association and contributions from unit holders and the developer are on an equitable basis.")
 
  
Clause 14
 
  
BY THE EARL OF CAITHNESS
 
     Page 7, line 27, at end insert--
 
    ("(  )  Notwithstanding these duties, the commonhold association shall always be responsible for the structure of the building, including repairs and insurance of the structure on a full reinstatement basis.")
 
  
Clause 15
 
  
BY THE EARL OF CAITHNESS
 
     Page 7, line 42, at end insert--
 
    ("(  )  Outstanding debts and arrears due to the commonhold association must be paid upon transfer of the unit.")
 
  
Clause 25
 
  
BY THE EARL OF CAITHNESS
 
     Page 11, line 8, at end insert ("and structure of the building") 
     Page 11, line 10, at end insert ("and structure of the building") 
  
Clause 38
 
  
BY THE EARL OF CAITHNESS
 
     Page 16, line 44, at end insert ("and structure of the building") 
     Page 17, line 1, leave out paragraph (b) 
  
Clause 50
 
  
BY THE EARL OF CAITHNESS
 
     The Earl of Caithness gives notice of his intention to oppose the Question that Clause 50 stand part of the Bill. 
  
Clause 78
 
  
BY THE EARL OF CAITHNESS
 
     Page 35, line 14, at end insert--
 
    ("(  )  It must state that each person who becomes a member of the RTM company shall be liable for costs incurred (jointly and severally with the RTM company and each other person who is so liable) by those persons specified in section 85(1) should the events set out in section 86(1) occur.")
 
  
Clause 82
 
  
BY THE EARL OF CAITHNESS
 
     Page 37, line 22, leave out ("court") and insert ("leasehold valuation tribunal") 
     Page 37, line 40, leave out ("court") and insert ("leasehold valuation tribunal") 
     Page 38, line 7, leave out ("court") and insert ("leasehold valuation tribunal") 
  
After Clause 89
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
     ("  .--(1)  Upon the acquisition date previous contracts shall be null and void.
 
    (2)  The RTM company shall be under no obligation to continue contracts but the rules relating to frustrated contracts shall apply.
 
    (3)  Costs incurred at the date of frustration shall be recoverable, otherwise compensation shall not be payable.")
Duration of contracts.
  
Clause 90
 
  
BY THE EARL OF CAITHNESS
 
     Page 42, line 47, leave out ("four") and insert ("three") 
  
After Clause 90
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
     ("  .--(1)  To ensure a proper handover of management function at the acquisition date, the following procedure shall be followed.
 
    (2)  The acquisition date shall be no less than three months from the notice of claim to acquire the right to manage.
 
    (3)  From the date of a counter-notice, or a period not less than two months before the acquisition date, the landlord shall be obliged to forward all management information on a daily basis.
 
    (4)  The above procedures could be varied by agreement between the parties.")
Handover of management function.
  
Clause 91
 
  
BY THE EARL OF CAITHNESS
 
     Page 43, line 25, leave out ("four") and insert ("three") 
     Page 43, leave out line 29 
  
After Clause 91
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
     ("  .--(1)  To ensure that adequate funds are available to the RTM company, the following procedure shall apply.
 
    (2)  The acquisition date shall be no less than three months from the notice of claim to acquire the right to manage.
 
    (3)  At the acquisition date the landlord must hand over all uncommitted service charges and in the event that further incurred expenditure becomes apparent, but not taken into account by the landlord, it shall be the duty of the RTM company to meet this expenditure subject to it being reasonably incurred.
 
    (4)  The above procedures could be varied by agreement between the parties.")
Funds.
  
Clause 100
 
  
BY THE EARL OF CAITHNESS
 
     Page 47, line 30, at end insert--
 
    ("(  )  Alternatively the appropriate proportion shall be determined with regard to the method of allocation of service charge in other units.
 
    (  )  Failing agreement to determine the appropriate proportion by either method described, the matter shall be referred to a leasehold valuation tribunal.")
 
  
After Clause 108
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
     ("  .--(1)  The RTM company shall enjoy the right to make an application to the leasehold valuation tribunal (LVT) for variation of all existing leases which are defective or inadequate in dealing with--
    (a)  repair or maintenance of the flat, building in which the flat is contained, or land or building let to the tenant under the lease,
    (b)  insurance of the flat,
    (c)  maintenance of installations or services reasonably necessary to ensure that the occupier of the flat enjoys a reasonable standard of accommodation,
    (d)  recovery of expenditure and advance payment on receipt of expenditure,
    (e)  computation of service charge under the lease,
    (f)  creating and building up adequate reserve funds, and
    (g)  such other matters which shall be for the future benefit of the building and its occupiers.
    (2)  The LVT in considering such applications shall have regard to provisions which may prevent the proper upkeep of the property and equity between the parties.
 
    (3)  Before serving notice on the tribunal, the RTM company shall give at least two months notice to all parties setting out the terms of variation, their reasons and intentions.
 
    (4)  Where the parties are in agreement, this shall be incorporated in the notice in order that the LVT can endorse the agreement.")
Variation of leases.
  
After Clause 112
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
     ("  .--(  )  In any property where there is a non-residential element, the landlord may serve a counter-notice.
 
    (  )  The landlord in such a case shall be obliged to offer a 999 year lease of all the residential areas to the RTE company.
 
    (  )  Notwithstanding such a lease, the RTE company will have full rights to manage the residential area.
 
    (  )  The 999 year lease shall include suitable mutually enforceable covenants which may be specified in regulations.")
Counter notice and lease.
  
Clause 118
 
  
BY THE EARL OF CAITHNESS
 
     Page 55, leave out lines 1 to 4 
  
Clause 139
 
  
BY THE EARL OF CAITHNESS
 
     The Earl of Caithness gives notice of his intention to oppose the Question that Clause 139 stand part of the Bill. 
  
Clause 142
 
  
BY THE EARL OF CAITHNESS
 
     Page 64, line 12, leave out subsection (3) 
     Page 64, line 28, at end insert--
 
    ("(  )  If the landlord wishes to enforce his right to recover through proceedings, he shall be obliged to have--
    (a)  demanded rent and
    (b)  given 30 days notice where more than one period is involved.")
 
  
Schedule 13
 
  
BY THE EARL OF CAITHNESS
 
     Page 100, leave out line 53 
 
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