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 94
 
  
BY THE LORD KINGSLAND
 
171A     Insert the following new Clause-- 
     ("  .--(1)  Notwithstanding the specific terms of any lease of the whole or part of the building, any person responsible for management functions in relation to the premises shall ensure that the entire building is insured under a single insurance policy.
 
    (2)  Any person responsible for arranging an insurance policy under subsection (1) shall be under a duty to obtain best value for the service charge payers in procuring a suitable policy.
 
    (3)  If, in the opinion of any party to a lease, the insurance policy arranged in accordance with subsection (1) does not represent best value for the service charge payers, they may refer the matter to the leasehold valuation tribunal for determination.
 
    (4)  Any reference of an insurance policy to a leasehold valuation tribunal under this section shall be supported by an alternative quotation for insurance cover from a recognised and reputable supplier to support the case; and the leasehold valuation tribunal shall not consider any such reference unless it is supported by such an alternative quotation.
 
    (5)  The duty to arrange insurance under subsection (1) applies notwithstanding the existence of a dispute which has been referred to the leasehold valuation tribunal.
 
    (6)  In determining any dispute referred to it under subsection (3), the leasehold valuation tribunal shall take into account--
    (a)  the extent of cover procured, and
    (b)  the level of premium payable by individual service charge payers.")
Management functions: insurance.
  
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") 
173A     Page 45, line 9, at end insert--
 
    ("(  )  The RTM company must not grant an approval in relation to the making of alterations, improvements or change of use.")
 
174     Page 45, line 13, after ("possession,") insert ("sharing occupation or use") 
174A     Page 45, line 13, leave out ("the making of improvements or alterations of use,") 
175     Page 45, line 26, leave out ("or tenant") and insert (", tenant or surety") 
  
Clause 96
 
  
BY THE LORD KINGSLAND
 
175A     Page 46, line 12, at end insert--
 
    ("(  )  In making its determination, the leasehold valuation tribunal shall act only in accordance with the provisions of the lease, and may not under any circumstances override any absolute prohibitions which may be contained in the lease.")
 
  
Clause 97
 
  
BY THE LORD KINGSLAND
 
176     Page 46, line 28, leave out ("or tenant") and insert (", tenant or surety") 
176A     Page 46, line 31, at end insert--
 
    ("(  )  The RTM company shall assist and co-operate with the landlord, or any other person by whom tenant covenants are enforceable, in the enforcement of any covenant which has not been complied with.")
 
  
Clause 98
 
  
BY THE LORD KINGSLAND
 
176B     Page 46, line 41, at end insert--
 
    ("(  )  The RTM company shall be liable to the landlord for any loss which results from a failure to report a breach of tenant covenants of which the RTM company was or ought to have been aware.")
 
176C     Page 47, line 3, at end insert--
 
    ("(  )  The RTM company will reimburse the landlord for any costs incurred as a result of any proceedings arising as a result of enforcing tenant covenants under the lease.")
 
  
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     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."&#M10;&#M10;")
Non-residential premises.
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill. 
  
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. 
 
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Prepared 26 February 2001