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 134
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
234     Page 59, line 18, after ("lease),") insert--
    ("(  )  subsection (1B) (extended tenancy not an assured tenancy or assured agriculture occupancy),")
 
  
After Clause 135
 
  
BY THE BARONESS MADDOCK
THE LORD GOODHART
 
235     Insert the following new Clause-- 
     ("  .--(1)  Schedule 4A of the 1967 Act (certain leases granted by housing associations) is amended as follows.
 
    (2)  In paragraph 3(1), after "a lease granted by a housing association" insert ", or which reverts to a housing association on expiry,".
 
    (3)  In paragraph 3(2), omit paragraph (d).")
Expiry of leases.
  
Before Clause 138
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
236*     Insert the following new Clause-- 
     ("  .--(1)  No lease of a flat in a building completed after this section comes into force may be granted at a premium unless the term of the lease is not less than 150 years.
 
    (2)  In this section "flat" has the same meaning as in Chapter I of this Part.")
Minimum term for leases at a premium.
  
After Clause 138
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
237     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 purposes 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
 
238     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.".")
 
  
Clause 139
 
  
BY THE EARL OF CAITHNESS
 
     The Earl of Caithness gives notice of his intention to oppose the Question that Clause 139 stand part of the Bill. 
  
After Clause 139
 
  
BY THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
 
239     Insert the following new Clause-- 
     ("  .--(1)  Section 30B of the 1985 Act is amended as follows.
 
    (2)  After subsection (3)(b) insert "; and
    (c)  giving reasons in writing for any decision made by the landlord relating to the manner in which the managing agent has been discharging his obligations and the desirability of his continuing to discharge them".
    (3)  After subsection (4)(a)(ii) insert "; and
          (iii)  giving reasons in writing for any decision made by the landlord relating to the manner in which the managing agent has been discharging his obligations and the desirability of his continuing to discharge them;".")
Discharging obligations by managing agent.
  
After Clause 140
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
240     Insert the following new Clause-- 
 ("SERVICE CHARGE CONTRIBUTIONS TO BE HELD IN TRUSt 
     .--(1)  Section 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.
  
Clause 142
 
  
BY THE EARL OF CAITHNESS
 
241     Page 64, line 12, leave out subsection (3) 
242     Page 64, line 28, at end insert--
 
    ("(  )  If the landlord wishes to enforce his right to recover through proceedings, he shall be obliged to have--
    (a)  demanded rent, and
    (b)  given 30 days notice where more than one period is involved.")
 
  
BY THE LORD CHANCELLOR
 
243     Page 64, line 33, at end insert--
 
    ("(  )  In this section "long lease of a dwelling" does not include--
 
 
    (a)  a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies,
1954 c. 56.
 
    (b)  a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or
1986 c. 5.
 
    (c)  a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.")
1995 c. 8.
244     Page 64, line 36, leave out (""long lease",") 
245     Page 64, line 37, after ("Part,") insert--
    (""long lease" has the meaning given by sections 73 and 74 of this Act,")
 
  
After Clause 142
 
  
BY THE LORD ALLI
 
246     Insert the following new Clause-- 
     ("  .  A right of re-entry or forfeiture under any proviso or stipulation in a lease of a dwelling for a breach of covenant or condition in the lease shall not be enforceable by action or otherwise.")Abolition of forfeiture.
  
BY THE BARONESS HANHAM
 
247*     Insert the following new Clause-- 
     ("  .  In Schedule 9 to the Housing Act 1996 (low rent test: extension of rights), after subsection (3)(c) of paragraph 1 (1AA) insert--
 
, and
    (d)  the freeholder satisfies a leasehold valuation tribunal that the house is integral to the management of the estate concerned and has been leased on terms relating to that purpose.
    (4)  An application to a leasehold valuation tribunal in accordance with paragraph (d) above shall be made by the freeholder within two months of his receipt of the relevant notice of the leaseholder's claim to enfranchise under the terms of this Act."")
Low rent test: extension of rights.
  
Clause 143
 
  
BY THE LORD ALLI
 
     The Lord Alli gives notice of his intention to oppose the Question that Clause 143 stand part of the Bill. 
  
Clause 144
 
  
BY THE LORD CHANCELLOR
 
248     Page 66, leave out lines 13 to 15 
249     Page 66, line 17, at end insert (", and
    long lease" has the meaning given by sections 73 and 74 of this Act, except that a shared ownership lease is a long lease whatever the tenant's total share.")
 
  
BY THE LORD ALLI
 
     The Lord Alli gives notice of his intention to oppose the Question that Clause 144 stand part of the Bill. 
  
Clause 145
 
  
BY THE LORD ALLI
 
     The Lord Alli gives notice of his intention to oppose the Question that Clause 145 stand part of the Bill. 
  
After Clause 145
 
  
BY THE BARONESS HANHAM
 
250     Insert the following new Clause-- 
     ("  .  In section 3 of the Landlord and Tenant Act 1954 (continuation of tenancies to which section 1 applies), omit subsection (3).")Continuation of tenancies.
251     Insert the following new Clause-- 
     ("  .  In section 9 of the Leasehold Reform Act 1967, at the end of subsection (1C), the words "with the omission of the assumption set out in paragraph (b) of that subsection" shall be omitted.")End of tenancy.
  
Schedule 11
 
  
BY THE LORD KINGSLAND
 
252     Page 95, line 40, after ("tribunal") insert ("and to any such other party as the leasehold valuation tribunal may direct") 
253     Page 95, line 40, at end insert (", or to supply any documents,") 
254     Page 95, line 41, after ("may") insert (", on the application of a party or of its own initiative,") 
255     Page 95, line 42, after ("tribunal") insert ("and to the other party or parties as the case may be") 
256     Page 96, line 6, after ("a") insert ("directions hearing and a") 
257     Page 96, line 8, at end insert ("and for the making of directions at such a hearing or review") 
258     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.")
 
259     Page 96, line 26, at end insert ("if all the parties so request") 
260     Page 96, line 29, at end insert ("if all the parties so request") 
261     Page 97, line 9, after ("pay") insert ("the whole or part of") 
262     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")
 
263     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.")
 
264     Page 97, line 23, at end insert ("or in accordance with section 85 of this Act") 
  
Clause 149
 
  
BY THE LORD KINGSLAND
 
265     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
 
266     Page 99, line 41, column 3, leave out ("Section 23(2).") 
  
BY THE EARL OF CAITHNESS
 
267     Page 100, leave out line 53 
  
Clause 155
 
  
BY THE LORD WILLIAMS OF ELVEL
 
268     Page 69, line 35, after ("provisions") insert ("except for sections 68 to 110,") 
269     Page 69, line 37, at end insert--
 
    ("(  )  Sections 68 to 110 shall come into force six months after the date on which this Act receives Royal Assent.")
 
 
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