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

back to previous amendments
 
  
After Clause 112
 
  
BY THE EARL OF CAITHNESS
 
199     Insert the following new Clause-- 
     ("  .--(1)  In any property where there is a non-residential element, the landlord may serve a counter-notice.
 
    (2)  The landlord in such a case shall be obliged to offer a 999 year lease of all the residential areas to the RTE company.
 
    (3)  Notwithstanding such a lease, the RTE company will have full rights to manage the residential area.
 
    (4)  The 999 year lease shall include suitable mutually enforceable covenants which may be specified in regulations.")
Counter-notice and lease.
  
Clause 113
 
  
BY THE LORD KINGSLAND
 
200     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 Lord Kingsland gives notice of his intention to oppose the Question that Clause 113 stand part of the Bill. 
  
Clause 114
 
  
BY THE LORD KINGSLAND
 
201     Page 53, line 28, after ("occupied") insert ("the premises, or") 
202     Page 53, leave out line 31 and insert ("the date on which notice is given under section 13") 
203     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".")
 
204     Page 53, line 33, leave out ("subsection (1) applies") and insert ("subsections (1) and (2) shall apply") 
205     Page 53, line 35, after ("(b)") insert ("of each of those subsections") 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 114 stand part of the Bill. 
  
Clause 116
 
  
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 116 stand part of the Bill. 
  
Clause 118
 
  
BY THE LORD CHANCELLOR
 
206     Page 54, line 24, leave out ("is already") and insert ("which is") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
207     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.")
 
  
BY THE LORD CHANCELLOR
 
208     Page 54, line 28, at end insert--
 
("has given a notice under section 13 with respect to the premises, or any premises containing or contained in the premises, and the notice continues in force in accordance with subsection (11) of that section.")
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
209     Page 54, line 29, leave out ("Subject as follows,") 
210     Page 54, leave out lines 33 to 40 
  
BY THE EARL OF CAITHNESS
 
211     Page 55, leave out lines 1 to 4 
  
BY THE LORD KINGSLAND
 
212     Page 55, line 17, leave out ("14") and insert ("28") 
213     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.")
 
  
BY THE LORD CHANCELLOR
 
214     Page 55, leave out lines 22 to 25 and insert ("if, at any time, they give a participation notice to the company.") 
215     Page 55, leave out lines 29 to 35 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 118 stand part of the Bill. 
  
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 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."")
 
  
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.
  
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") 
  
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
 
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 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 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
 
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.
  
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 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.
 
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Prepared 19 February 2001