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 119
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
216     Page 56, line 26, after ("company") insert (", or qualifying tenants intending to form and become participating members of a RTE company,") 
217     Page 56, line 43, leave out ("and those costs") 
  
BY THE LORD RICHARD
 
217A     Page 56, line 43, at end insert ("save where the qualifying tenant of the flat is the reversioner") 
  
BY THE LORD CHANCELLOR
 
218     Page 56, line 45, leave out from ("company") to end of line 7 on page 57 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
219     Page 57, line 4, at end insert (", and
    (f)  if the intention to form the RTE company is conditional upon a certain number of qualifying tenants to whom the notice of invitation to participate is given accepting that invitation, state what that number is")
 
  
After Clause 120
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
220     Insert the following new Clause-- 
     ("  .  After section 34 of the 1993 Act insert--Covenants on conveyance of part of building.
 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.".")
 
  
Schedule 8
 
  
BY THE LORD CHANCELLOR
 
221     Page 84, line 7, leave out from ("company;"") to end of line 10 
  
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 121
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
222     Insert the following new Clause-- 
      ("  .  After section 36 of the 1993 Act insert--Lease back of non-residential premises.
 Lease back of non-residential premisies.     36A.--(1)  A RTE company may require the person from whom the freehold is acquired to take a lease of any part or parts of the premises to which section 4(1)(a) applies.
 
    (2)  Subsections (2) to (4) of section 36 shall apply to a lease under this section as if the words "flat or other" had been omitted from subsection (3).
 
    (3)  Part IV of Schedule 9 has effect with respect to the term of a lease granted under this section."")
 
  
Clause 122
 
  
BY THE LORD KINGSLAND
 
222A     Page 57, line 21, leave out from ("payable),") to end of line 22 and insert ("in paragraph 1(1), for the definition of "the valuation date" insert--
      the valuation date" means the date of service of the reversioner's counter-notice."")
 
  
After Clause 122
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
223     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.
  
BY THE LORD KINGSLAND
 
223A     Insert the following new Clause-- 
  
        ("  .  In sub-paragraph 2(1) of Schedule 6 to the 1993 Act at the end insert--
      (d)  a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction."")
Interest on payable on purchase price.
  
Clause 123
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND
 
     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
 
224     Page 57, line 33, leave out ("eighty") and insert ("ninety") 
224A     Page 57, line 33, leave out ("eighty") and insert ("one hundred") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND
 
     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 WILLIAMS OF ELVEL
THE EARL OF CAITHNESS
THE LORD RICHARD
 
225     Page 58, line 3, leave out subsection (2) 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
226     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 LORD KINGSLAND
 
226A     Page 58, line 4, at end insert--
        ("(  )  In subsection (2), for paragraph (b) substitute--
      (b)  the tenant or, if the lease by virtue of which the tenant is a qualifying tenant is vested in trustees, an individual having an interest in the trust, has occupied the flat as his only or principal residence for at least twelve months at any time, whether or not he has used it also for other purposes."")
 
  
BY THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS
 
227     Page 58, line 5, leave out subsection (3) and insert--
        ("(3)  In subsections (2)(b), (2A) and (2B) (requirement that tenant has occupied flat as only principal home for three years), for "three years" substitute "six months" in each case.")
 
  
BY THE LORD KINGSLAND
 
227A     Page 58, line 5, leave out ("(2)(b),") 
  
BY THE BARONESS GARDNER OF PARKES
THE LORD KINGSLAND
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 126 stand part of the Bill. 
  
Clause 130
 
  
BY THE LORD KINGSLAND
 
227B     Page 58, line 36, leave out from ("lease),") to end of line 37 and insert ("in paragraph 1, for the definition of "the valuation date" substitute--
    the valuation date" means the date of service of the reversioner's counter-notice."")
 
  
After Clause 130
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
228     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.
  
BY THE LORD KINGSLAND
 
228A     Insert the following new Clause-- 
     ("  .  In paragraph 2 of Schedule 13 to the 1993 Act at the end insert--
    (d)  a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction".")
Interest payable on the purchase price.
  
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 KINGSLAND
 
228B     Page 59, line 7, leave out ("eighty") and insert ("ninety") 
228C     Page 59, line 7, leave out ("eighty") and insert ("one hundred") 
  
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 132
 
  
BY THE LORD WILLIAMS OF ELVEL
 
229     Insert the following new Clause-- 
     ("  .  For leases where there is an unexpired term of more than 50 but less than 80 years, for each year in reverse chronological order following the eightieth, the amount of marriage value shall be increased by one thirtieth pro-rata, until the fiftieth year at which point the marriage value shall revert to full value.")Marriage value.
  
After Clause 133
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
230     Insert the following new Clause-- 
 ("LENGTHS OF RESIDENCe 
     .  In section 4 of the 1967 Act, for "three years" substitute "twelve months".")Lengths of residence.
231     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.
232     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.
233     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.
  
BY THE BARONESS HANHAM
 
233A     Insert the following new Clause-- 
     ("  .--(1)  In section 7 of the 1967 Act (rights of members of family succeeding to tenancy on death), after subsection (8) insert--
        (8A)  On the death of a person who has for the three years before his death been a qualifying tenant of a dwellinghouse, the rights conferred by this Act are exercisable, subject to and in accordance with this Act, by his personal representatives; and, accordingly, in such a case references in this Act to the tenant shall, in so far as the context permits, be to the personal representatives."
    (2)  In section 5 of the 1967 Act (general provisions as to claims to enfranchisement or extension), at the end of subsection (1) insert--
        A notice under this section may not be given by the personal representatives of a tenant later than six months after the grant of probate or letters of administration.".")
Personal representatives.
 
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Prepared 28 February 2001