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

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Clause 121
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill. 
  
After Clause 122
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
      ("  .  In Schedule 6 to the 1993 Act, omit--
    (a)  paragraph 2(1)(b);
    (b)  paragraph 4;
    (c)  paragraph 5A(2)(b);
    (d)  paragraph 5C;
    (e)  paragraphs 9 and 9A;
    (f)  paragraph 10(1)(b);
    (g)  paragraph 12;
    (h)  paragraphs 15 and 16; and
    (i)  paragraphs 19 and 20.")
Abolition of marriage values.
  
Clause 123
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 123 stand part of the Bill. 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 123 stand part of the Bill. 
  
Clause 124
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 57, line 33, leave out ("eighty") and insert ("ninety") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill. 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill. 
  
Clause 126
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 58, line 3, leave out subsections (2) and (3) and insert--
 
    ("(2)  In subsection (2A)(a), for "three years" substitute "twelve months".
 
    (3)  In subsection (2B), after "the condition is that the tenant" insert "or an adult member of his family".
 
    (4)  In subsection (2B)(a), for "three years" substitute "twelve months".
 
    (5)  After subsection (3) insert--
        (3A)  A body corporate shall be treated as satisfying the condition specified in subsection (2B) if that condition would have been satisfied if an individual who is a member of the body corporate had been the tenant of the flat.
        (3B)  For the purposes of this section, references to any person being an adult member of another's family shall have the same meaning as in section 10.".")
 
  
BY THE BARONESS GARDNER OF PARKES
 
     The Baroness Gardner of Parkes gives notice of her intention to oppose the Question that Clause 126 stand part of the Bill. 
  
After Clause 130
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
 
        ("  .  In Schedule 13 to the 1993 Act, omit--
      (a)  paragraph 2(b);
      (b)  paragraphs 4 to 4B; and
      (c)  paragraph 10.")
Abolition of marriage value.
  
Clause 131
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 131 stand part of the Bill. 
  
Clause 132
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 132 stand part of the Bill. 
  
After Clause 133
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
 ("LENGTHS OF RESIDENCe 
 
        .  In section 4 of the 1967 Act, for "three years" substitute "twelve months"")
Lengths of residence.
     Insert the following new Clause-- 
 ("ABOLITION OF MARRIAGE VALUe 
 
        .--(1)  Section 9 of the 1967 Act is amended as follows
        (2)  In subsection (1A) after "willing seller" insert "with the tenant and members of his family (as defined in section 7(7) of this Act) who reside in the house not buying or seeking to buy"
        (3)  In subsection (1C), omit the words after "in accordance with subsection (1A) above".")
Abolition of marriage value.
     Insert the following new Clause-- 
 ("LONG LEASES> 
 
        .  In section 1AA of the 1967 Act, omit--
      (a)  in subsection (1), the words "falls within subsection (2) below and",
      (b)  subsection (2),
      (c)  subsection (4).")
Long leases.
     Insert the following new Clause-- 
 ("Excluded tenancies 
 
        .  In section 1AA of the 1967 Act, omit--
      (a)  in subsection (1), the words "and is not an excluded tenancy",
      (b)  subsection (3),
      (c)  subsection (5).")
Excluded tenancies.
  
Clause 134
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 59, line 18, after ("lease),") insert--
      ("(  )  subsection (1B) (extended tenancy not an assured tenancy or assured agriculture occupancy),")
 
  
After Clause 138
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
 ("VARIATION OF LEASEs 
 
        .--(1)  Section 35 of the 1987 Act is amended as follows.
        (2)  In subsection (1) for "the court" insert "a leasehold valuation tribunal".
        (3)  After subsection (2) insert--
        (2A)  For the purposes of subsection (2)(a) and (c), a lease fails to make satisfactory provision if it fails to make specific provision as to--
      (a)  the obligations of repair and maintenance;
      (b)  who is responsible for those obligations; or
      (c)  the frequency with work of a recurrent nature is to be carried out.
        (2B)  For the purposes of subsection (2)(b) a lease of a building fails to make satisfactory provisions if it does not require the entire building to be insured under a single policy".
    (4)    After subsection (3) insert--
        (3A)  For the purpose of subsection (2)(e) "expenditures" includes--
      (a)  expenditures incurred as a result of works of repairs or maintenance carried out or commissioned to be carried out;
      (b)  expenditures insured in respect of administration;
      (c)  insurance premiums for insurance under subsection (2)(b);
      (d)  the cost of arranging a loan in respect of works of repair or maintenance; and
      (e)  interest on any such loan.
        (3B)  For the purposes of subsection (2)(e) a lease fails to make satisfactory provisions if it fails to make provisions for--
      (a)  advance payment of service charges relating to works of repair or maintenance being carried out or intended to be carried out;
      (b)  the charging of interest at a rate not exceeding a prescribed maximum rate on arrears of service charges.".")
Variation of leases.
  
Schedule 9
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 92, line 8, at end insert--
 
    ("  .--(1)  Section 21 of the 1987 Act is amended as follows.
 
    (2)  In subsection (3)(a) for "or a resident landlord" there is substituted "(aa) the interest of the landlord in the premises is held by a resident landlord and more than half the flats in their premises are held on long leases,".
 
    (3)  After subsection (7) insert--
        (8)  References in this Part to a landlord (except in subsection (3)) include any person who is responsible under a lease for the management of the premises or any part of the premises.".")
 
  
After Clause 140
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
 ("SERVICE CHARGE CONTRIBUTIONS TO BE HELD IN TRUSt 
     .--(1)  Subsection 42 of the 1987 Act is amended as follows
 
    (2)  In subsection (2) omit the words following "held by the payee" and substitute "in a separate designated client account for each dwelling or group of dwellings for which these are common service charges".
 
    (3)  After subsection (2) insert--
        (2A)  No tenant may be required to pay any relevant service charges except into a client account designated under subsection (2)".")
Service charge contributions to be held in trust.
  
Schedule 11
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 95, line 40, after ("tribunal") insert ("and to any such other party as the leasehold valuation tribunal may direct") 
     Page 95, line 40, at end insert (", or to supply any documents,") 
     Page 95, line 41, after ("may") insert (", on the application of a party or of its own initiative,") 
     Page 95, line 42, after ("tribunal") insert ("and to the other party or parties as the case may be") 
     Page 96, line 6, after ("a") insert ("directions hearing and a") 
     Page 96, line 8, at end insert ("and for the making of directions at such a hearing or review") 
     Page 96, line 23, at end insert--
 
    ("(2)  Procedure regulations may include provision empowering leasehold valuation tribunals to dismiss applications or transferred proceedings, in whole or in part, or to exclude the whole or part of any party's case, on the ground that a party has failed to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal.")
 
     Page 96, line 26, at end insert ("if all the parties so request") 
     Page 96, line 29, at end insert ("if all the parties so request") 
     Page 97, line 9, after ("pay") insert ("the whole or part of") 
     Page 97, line 16, at end insert--
    ("(c)  costs have been thrown away as a result of his failure to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal,
    (d)  in the opinion of the leasehold valuation tribunal he acted unreasonably in commencing or prosecuting the proceedings, or
    (e)  in the opinion of the leasehold valuation tribunal the proceedings were occasioned by his unreasonable acts or omissions")
 
     Page 97, line 17, leave out sub-paragraph (3) and insert--
 
    ("(  )  In determining the amount of costs that a party is to pay to another party under this paragraph, the leasehold valuation tribunal shall have regard to the financial resources of the party who is to pay the costs")
 
     Page 97, line 23, after ("paragraph") insert ("or in accordance with section 85 of this Act") 
  
Clause 149
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 68, line 24, at end insert--
 
    ("(5)  Every appeal will be limited to a review of the decision of the leasehold valuation tribunal unless the Lands Tribunal considers that, for an individual appeal, it would be in the interests of justice to hold a re-hearing.
 
    (6)  The Lands Tribunal shall not receive oral evidence or evidence which was not before the leasehold valuation tribunal unless it considers that it would be in the interests of justice to do so.")
 
  
Schedule 13
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
     Page 99, line 41, column 3, leave out ("Section 23(2).") 
 
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Prepared 15 February 2001