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 90
 
  
BY THE LORD KINGSLAND
 
153*     Page 42, line 26, leave out ("a") and insert ("an") 
  
BY THE EARL OF CAITHNESS
 
154     Page 42, line 47, leave out ("four") and insert ("three") 
  
BY THE LORD KINGSLAND
 
155*     Page 43, line 1, leave out ("But,") 
156*     Page 43, line 1, leave out ("that") and insert ("subsection (3)") 
157*     Page 43, line 3, leave out ("the requirement is imposed") and insert ("he is notified of the requirement") 
  
After Clause 90
 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
158     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 may be varied by agreement between the parties.")
Handover of management function.
  
Clause 91
 
  
BY THE LORD KINGSLAND
 
159*     Page 43, line 4, leave out ("at") and insert ("an") 
160*     Page 43, line 7, leave out ("or tenant") and insert (", tenant or surety") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
161     Page 43, line 21, at end insert--
 
    ("(  )  Costs contingently payable under existing contracts shall be treated for the purposes of subsection (2) as having been previously incurred; but where the amount of such costs when determined is less than the amount deducted in respect of them under subsection (2), the balance shall be paid to the company as soon as is reasonably practicable.")
 
  
BY THE EARL OF CAITHNESS
 
162     Page 43, line 25, leave out ("four") and insert ("three") 
163     Page 43, leave out line 29 
  
After Clause 91
 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
164     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 may be varied by agreement between the parties.")
Funds.
  
Clause 92
 
  
BY THE LORD KINGSLAND
 
165*     Page 43, line 32, leave out ("a") and insert ("an") 
  
Clause 93
 
  
BY THE LORD KINGSLAND
 
166*     Page 43, line 39, leave out ("or tenant") and insert (", tenant or surety") 
167*     Page 44, line 1, leave out ("or tenant") and insert (", tenant or surety") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
168     Page 44, line 7, leave out paragraph (a) 
  
Clause 94
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
169     Page 44, line 15, at end insert--
 
    ("(  )  Where under subsection (1) the RTM company owes to a person who is landlord under the lease with respect to repairs, the company shall (except in relation to any right of re-entry or forfeiture) be deemed to be a lessee of that person for the purposes of the Leasehold Property (Repairs) Act 1938.")
 
  
BY THE LORD KINGSLAND
 
170*     Page 44, line 18, leave out ("or tenant") and insert (", tenant or surety") 
171*     Page 44, line 32, leave out ("or tenant") and insert (", tenant or surety") 
  
Clause 95
 
  
BY THE LORD KINGSLAND
 
172*     Page 45, line 1, leave out ("or tenant") and insert (", tenant or surety") 
173*     Page 45, line 7, leave out ("or tenant") and insert (", tenant or surety") 
174*     Page 45, line 13, after ("possession,") insert ("sharing occupation or use") 
175*     Page 45, line 26, leave out ("or tenant") and insert (", tenant or surety") 
  
Clause 97
 
  
BY THE LORD KINGSLAND
 
176*     Page 46, line 28, leave out ("or tenant") and insert (", tenant or surety") 
  
Schedule 7
 
  
BY THE LORD CHANCELLOR
 
177     Page 80, line 48, at end insert--
 
    ("(5)  Section 26 does not apply.")
 
  
Clause 100
 
  
BY THE LORD KINGSLAND
 
178*     Page 47, line 19, after ("company") insert ("a sum being that part of") 
179*     Page 47, line 23, at end insert--
    ("as shall represent the proportion which the internal floor area of all the excluded units bear to the internal floor area of the premises; and
the remainder of the difference shall be paid to the RTM by the qualifying tenants in each case in the proportion which the internal floor area of their respective flat or unit bears to the aggregate internal floor areas of all such flats or units")
 
  
BY THE EARL OF CAITHNESS
 
180     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.")
 
  
BY THE LORD KINGSLAND
 
181*     Page 47, line 34, leave out ("inferior") and insert ("superior") 
  
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. 
  
Clause 102
 
  
BY THE LORD KINGSLAND
 
182*     Page 48, line 14, leave out ("a") and insert ("an") 
183*     Page 48, line 41, leave out ("a") and insert ("an") 
  
Clause 104
 
  
BY THE LORD KINGSLAND
 
184*     Page 49, line 10, leave out second ("a") and insert ("an") 
185*     Page 49, line 12, leave out second ("a") and insert ("an") 
186*     Page 49, line 15, leave out second ("a") and insert ("an") 
187*     Page 49, line 15, leave out third ("a") and insert ("an") 
  
Clause 105
 
  
BY THE LORD KINGSLAND
 
188*     Page 49, line 26, leave out ("a") and insert ("an") 
189*     Page 49, line 30, leave out ("a") and insert ("an") 
  
After Clause 105
 
  
BY THE BARONESS HANHAM
 
190*     Insert the following new Clause-- 
     ("  .--(1)  This Chapter shall from the commencement of this Act apply to a dwelling within the meaning of the Leasehold Reform Act 1967, as amended, and the Leasehold Reform, Housing and Urban Development Act 1993, as amended, which--
    (a)  has been enfranchised;
    (b)  is situated within an area ("scheme area") in respect of which a scheme of management has been approved and is in force pursuant to section 19 of the Leasehold Reform Act 1967 or Chapter IV of the Leasehold Reform, Housing and Urban Development Act 1993.
    (2)  The right to manage provisions of this Chapter shall come into operation two months after a notice has been served by, or on behalf of, not less than one half of the owners of enfranchised properties within the scheme area, and the form of notice shall be prescribed by regulations and shall be deemed to have been served from the seventh day after the notice has been sent by first class recorded delivery post addressed to the landlord or his agent at his last known address or left at such premises.
 
    (3)  On demand, the landlord shall provide an enfranchised owner intending to join with others to serve a notice of right to manage with the names and addresses of all enfranchised owners within the scheme area.")
Enfranchised properties located within "scheme area".
  
Clause 106
 
  
BY THE LORD KINGSLAND
 
191*     Page 49, line 37, leave out second ("a") and insert ("an") 
192*     Page 50, line 7, leave out second ("a") and insert ("an") 
  
Clause 108
 
  
BY THE LORD KINGSLAND
 
193*     Page 50, line 22, leave out first ("a") and insert ("an") 
194*     Page 50, line 41, leave out first ("a") and insert ("an") 
  
After Clause 108
 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
195     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 111
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
196     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.
197     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 GOODHART
THE BARONESS HAMWEE
 
198*     Page 53, line 8, leave out Clause 112 and insert--
 
    ("  .--(1)  Section 4 of the 1993 Act is amended as follows.
 
    (2)  In subsection (1)--
    (a)  omit "neither";
    (b)  for "residential" substitute "non-residential";
    (c)  for "nor (ii)" substitute "(ii) not";
    (d)  for "10 per cent" substitute "25 per cent".
    (3)  For subsection (2), substitute--
        (2)  For the purpose of calculating the internal floor area of the premises, any part of the premises used as a garage or parking area or for storage shall be disregarded.")
 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill. 
 
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Prepared 19 February 2001