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Amendments to the Commonhold and Leasehold Reform Bill [H.L.]

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

Here you can browse the Supplement (c) to the Marshalled List of Amendments to the Commonhold and Leasehold Reform Bill [H.L.] to be moved in Grand Committee in the House of Lords.

  
Schedule 6
 
  
BY THE LORD KINGSLAND
 
     Page 79, line 19, leave out paragraph 4 
     Page 79, line 34, leave out ("four") and insert ("seven") 
  
Clause 75
 
  
BY THE LORD KINGSLAND
 
     Page 33, line 23, at end insert--
    ("(  )  set out the principal responsibilities and obligations which the company will assume as the manager of the premises, by referring to the relevant provisions of the Royal Institution of Chartered Surveyors Service Charge Residential Management Code, or any other code relevant to the management of residential properties subject to a service charge which has been approved by the Secretary of State under the terms of section 87 of the Leasehold Reform, Housing and Urban Development Act 1993,")
 
     Page 33, line 31, at end insert--
 
    ("(  )  Any person on whom the RTM company must serve a claim notice under section 77(6) may, within 14 days of the service of a notice, serve a notice requiring the RTM company to provide proof that it has complied with this section, and the RTM company shall comply with that notice within 14 days of the date of the giving of the notice.")
 
  
Clause 77
 
  
BY THE LORD KINGSLAND
 
     Page 34, line 12, leave out ("14") and insert ("28") 
  
Clause 78
 
  
BY THE LORD KINGSLAND
 
     Page 35, line 8, at end insert--
    ("(  )  it must contain a statement that the members of the RTM company have been informed of the principal responsibilities and obligations which the company will assume as the manager of the premises on acquiring the right to manage, and that all members have understood and accepted the resulting duties and obligations which will fall to them as members of the RTM company.")
 
     Page 35, line 8, at end insert--
    ("(  )  it must include an offer of cover to provide for the RTM company directors' and officers' liability insurance, fidelity guarantee and professional indemnity insurance.")
 
     Page 35, line 9, leave out ("one month") and insert ("two months") 
  
Clause 79
 
  
BY THE LORD KINGSLAND
 
     Page 35, line 20, leave out subsection (1) 
     Page 35, line 29, at end insert--
 
    ("(  )  The claim notice must be registered at HM Land Registry for registered land, or at HM Land Charges Registry for unregistered land, and if not so registered, shall have no effect on a purchaser for value of either the reversionary freehold or any leasehold interest."
 
  
Clause 83
 
  
BY THE LORD KINGSLAND
 
     Page 38, line 21, at end insert--
 
    (  )  Where a claim notice is withdrawn for any reason, no further claim to acquire the right to manage may be made in respect of the premises until the expiry of the service charge year following the service charge year in which the claim was made.")
 
  
Clause 87
 
  
BY THE LORD KINGSLAND
 
     Page 40, line 14, leave out from ("is") to end of line 15 and insert ("a Quarter Day not less than three months after the date on which the determination becomes final, unless otherwise agreed by the parties") 
     Page 40, line 17, leave out ("the date one month") and insert ("a Quarter Day not less than three months") 
  
Clause 88
 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 88 stand part of the Bill. 
  
Clause 89
 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 89 stand part of the Bill. 
  
After Clause 89
 
  
BY THE LORD KINGSLAND
 
     Insert the following new Clause-- 
     ("  .--(1)  Where a liability exists as a result of an event prior to the acquisition date, the responsibility for that liability rests with whoever was the manager party at the time of the event.
 
    (2)  If a liability such as described in subsection (1) exists, the RTM company shall permit the former manager party and any person authorised to act on his behalf reasonable access to any relevant documentation (or, if the information is recorded in the document in a form in which it is not readily intelligible, to give any such person access to it in a readily intelligible form) which is in its control.")
Continuing liabilities.
  
Clause 93
 
  
BY THE LORD KINGSLAND
 
     Page 44, line 5, leave out ("and management") and insert (", health and safety, management and compliance with all relevant statutory provisions and guidance") 
  
After Clause 94
 
  
BY THE LORD KINGSLAND
 
     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
 
     Page 45, line 9, at end insert--
 
    ("(  )  The RTM company must not grant an approval in relative to the making of alterations, improvements or change of use.")
 
     Page 45, line 13, leave out ("the making of improvements or alterations of use,") 
  
Clause 96
 
  
BY THE LORD KINGSLAND
 
     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
 
     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.")
 
 
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Prepared 23 February 2001