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

back to previous amendments
 
  
Clause 72
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 31, line 17, at end insert--
 
("and is either--
    (a)  an individual residing in the flat; or
    (b)  a company controlled directly or indirectly by an individual residing in the flat or jointly by individuals both or all residing in the flat.")
 
  
Clause 75
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 33, line 16, leave out ("a") insert ("an") 
     Page 33, line 31, at end insert--
 
    ("(4)  The provisions of section 196 of the Law of Property Act 1925 as to service of notices shall apply to the service of notices under this section.
 
    (5)  If a notice of invitation to participate is not served in accordance with this section, every director and officer of an RTM company at the time of the breach shall be liable on summary conviction to fine not exceeding level 3.
 
    (6)  If any director or officer of an RTM intentionally fails to give notice to any qualifying tenant in accordance with this section, such director or officer shall be liable on summary conviction to not more than 3 months imprisonment and a fine not exceeding level 5 on the standard scale.")
 
  
Clause 76
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 33, line 33, after ("person") insert ("who has a right to manage the premises or any part thereof") 
     Page 33, line 35, leave out paragraphs (a) and (b) 
     Page 33, line 38, after ("information") insert ("which is in his possession, knowledge or control, and as to the matters required by section 78(3) and (4) to be stated in a claim notice") 
     Page 34, line 5, at end insert--
 
    ("(4)  A failure without reasonable excuse to comply with such a notice shall be an offence, punishable on summary conviction with a fine not exceeding level 3 on the standard scale.")
 
  
Clause 77
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 34, line 38, at end insert--
 
    ("(10)  Regulations may provide for the procedure for an RTM company to apply to a leasehold valuation tribunal for the acquisition of the right to manage earlier than six months after the relevant date.")
 
  
Clause 78
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 35, line 12, leave out ("one month") and insert ("six months") 
     Page 35, line 14, at end insert ("or must state that the RTM company intends to apply to the leasehold valuation tribunal for it to acquire the right to manage at an earlier date") 
  
Clause 81
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 36, line 27, at end insert ("or
    (c)  that it is not just or convenient that the RTM company should acquire the right to manage,")
 
     Page 36, line 41, after ("(2)(b)") insert ("or (c)") 
     Page 36, line 48, at end insert--
 
    ("(  )  In considering whether it is or is not just or convenient that the RTM company should acquire the right to manage, the leasehold valuation tribunal shall consider, in particular--
    (a)  whether the objector has managed the premises satisfactorily,
    (b)  whether the RTM company is likely to manage the premises more satisfactorily,
    (c)  any financial losses which the objector may suffer by virtue of losing the right to manage,
    (d)  any actual or potential effect on the value of the reversion to the premises of giving the RTM company the right to manage,
    (e)  whether the objector is resident at the premises,
    (f)  the wishes of any tenants of any part of the premises who are not qualifying tenants, and
    (g)  the wishes of any qualifying tenants of any part of the premises who are not members of the RTM company.")
 
     Page 37, line 3, at end insert--
 
    ("(  )  If on an application under subsection (3) it is finally determined that the company was on relevant date entitled to acquire the right to manage the premises, the leasehold valuation tribunal or any tribunal or court finally determining the application shall specify a date, not less than three months from the date of final determination, on which the RTM company shall acquire the right to manage.")
 
  
Clause 82
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 37, line 14, leave out ("a") and insert ("an") 
  
Clause 83
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 38, line 11, leave out ("A") and insert ("An") 
  
Clause 84
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 38, line 22, leave out ("a") and insert ("an") 
  
After Clause 86
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
 ("CESSATION OF RTM COMPANY RIGHTs 
      .--(1)  After an RTM company acquires the right to manage any premises, from time to time any person who is--
    (a)  a qualifying tenant,
    (b)  a tenant of any part of the premises who is not a qualifying tenant, or
    (c)  the landlord of the whole or any part of the premises (including mesne landlords) or a management company party to any lease of the premises or any part thereof who prior to the acquisition date had the right to manage the premises,
may apply to the leasehold valuation tribunal for an order that the RTM company cease to have the right to manage.
 
    (2)  The grounds on which such an application may be made are that on the date of the application--
    (a)  that where there are only two flats in the premises the tenants of both flats are not both qualifying tenants and members of the RTM company,
    (b)  if there be more than two flats in the premises the tenants of fewer than one half of all the flats in the premises are both qualifying tenants and members of the RTM company, or
    (c)  it is not just or convenient that the RTM company should continue to have the right to manage the premises.
    (3)  The application must be served on--
    (a)  the RTM company and
    (b)  the landlord of the whole or any part of the premises (including mesne landlords) and any management company party to any lease of the premises or any part thereof who but for the RTM company's right to manage would have the right to manage the premises.
    (4)  The Secretary of State may make regulations for the procedure for such applications, including provisions as to costs.")
Cessation of RTM company rights.
  
Clause 100
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 100 stand part of the Bill. 
  
After Clause 111
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
      ("  .--(1)  Section 3 of the 1993 Act (premises to which this Chapter applies) is amended as follows.
 
    (2)  For paragraphs (a) and (b) of subsection (2), substitute "the access and relevant services provided for occupiers of that part either--
    (a)  are provided independently of the access and the relevant services provided for occupiers of the remainder of the building; or
    (b)  could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of access on the relevant services for occupiers of the building;".")
Premises to which Chapter I of Part I of the 1993 Act applies.
     Insert the following new Clause-- 
      (1)  Section 6 of the 1993 Act (qualifying tenants satisfying residence condition) is amended as follows.
 
    (2)  In subsection (2), after "tenant" insert "or an adult member of his family".
 
    (3)  In subsection (3), omit the words following paragraph (b).
 
    (4)  After subsection (3) insert--
        (3A)  A body corporate shall be treated as satisfying the condition specified in subsection (2) if that condition would have been satisfied if any individual who is a member of the body corporate had been the tenant of the flat.
        (3B)  For the purposes of subsection (2), references to any person being an adult member of another's family shall have the same meaning as in section 10.".")
Qualifying tenants satisfying residence condition.
  
Clause 112
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 112 stand part of the Bill. 
  
Clause 113
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 53, line 14, at end insert--
        ("(  )  In section 5(2)(c) of the 1993 Act, omit "at a low rent or for a particularly long term".")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 113 stand part of the Bill. 
  
Clause 114
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 53, line 28, after ("occupied") insert ("the premises, or") 
     Page 53, leave out line 31 and insert ("the date on which notice is given under section 13") 
     Page 53, line 31, at end insert--
        ("(  )  In subsection (2), for "subsection (1)(b)(ii)" there is substituted "subsection (1)(b)".
        (  )  For subsection (3), there is substituted--
        (3)  In paragraphs (b) and (c) of subsection (1) and paragraph (b) of subsection (2) any reference to a flat includes a reference to a unit (other than a flat) which is used as a dwelling".")
 
     Page 53, line 33, leave out ("subsection (1) applies") and insert ("subsections (1) and (2) shall apply") 
     Page 53, line 35, after ("(b)") insert ("of each of those subsections") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 114 stand part of the Bill. 
  
Clause 116
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill. 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill. 
  
Clause 118
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 54, line 28, at end insert--
        ("(3)  A company which is a RTM company may not become a RTE company except by a resolution passed with the affirmative vote or written consent of all its members.
        (4)  In this Part, "RTM company" has the same meaning as in Chapter I of Part III of the Commonhold and Leasehold Reform Act 2001.")
 
     Page 54, line 29, leave out ("Subject as follows,") 
     Page 54, leave out lines 33 to 40 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 55, line 17, leave out ("14") and insert ("28") 
     Page 55, line 20, leave out subsection (7) and insert--
 
    ("(7)  A member who is a personal representative of a deceased participating member is a participating member unless, within the period of 56 days beginning with the date of death of the participating member, he gives to the company a notice stating he does not wish to be a participating member.")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 118 stand part of the Bill. 
  
After Clause 120
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
     ("  .  After section 34 of the 1993 Act insert--Covenants on conveyance of part of building.
 <~et>Covenants on conveyance of part of building.     34A.--(1)  This section applies to a conveyance executed for the purposes of this Chapter of a self-contained part of a building if it does not constitute a vertical division of the building or if the structure of the building is such that it could not be redeveloped independently of the remainders of the building.
 
    (2)  A conveyance to which this section applies shall include such covenants (including positive covenants) enforceable by and against the parties to the conveyance and their successors in title as may be prescribed.".")
 
 
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