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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 (b) 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.

  
Clause 69
 
  
BY THE LORD RICHARD
 
     Page 29, line 27, at end insert ("or a number of buildings comprising an estate") 
     Page 30, line 3, at end insert--
 
    ("(  )  Estate" is a group of buildings sharing common arrangements and a common service charge where the relevant proportion of the service charge in respect of each flat totals 100 per cent. of the charge for the whole estate.
 
    (  )  In cases where the estate is designated under the leases as a retirement estate and the estate comprises or contains individual leasehold houses included with the estate management arrangements, the houses shall be included as premises to which this Chapter applies.")
 
  
Clause 71
 
  
BY THE LORD RICHARD
 
     Page 30, line 38, leave out ("under leases of the whole or any part of") and insert ("of any flat or flats within") 
  
Clause 119
 
  
BY THE LORD RICHARD
 
     Page 56, line 43, at end insert ("save where the qualifying tenant of the flat is the reversioner") 
  
Clause 126
 
  
BY THE LORD RICHARD
 
     Page 58, line 3, leave out subsection (2) 
  
After Clause 137
 
  
BY THE LORD RICHARD
 
     Insert the following new Clause-- 
     ("  .--(1)  Section 1 of the 1967 Act is amended as follows.
 
    (2)  In subsection (1) omit "occupying the house as his residence".
 
    (3)  Omit subsections (2) and (3)".")
Right to enfranchisement or extension.
  
Clause 138
 
  
BY THE LORD RICHARD
 
     Page 61, line 5, after ("leasehold properties") insert (", enfranchised houses and flats") 
     Page 61, line 6, at end insert--
 
    ("(2)  Enfranchised houses and flats" means houses and buildings divided into flats where the freehold has been acquired pursuant to the 1967 Act and the 1993 Act.".")
 
  
After Clause 139
 
  
BY THE LORD RICHARD
 
     Insert the following new Clause-- 
     ("  .--(1)  In section 21(1) of the 1985 Act for the words "A tenant may require a landlord in writing to supply him with a written summary of the costs incurred" substitute "A landlord shall provide on an annual basis to each tenant paying a variable service charge a service charge statement to include the balance of the account at the beginning of the year, costs incurred and the balance at the end of the year".
 
    (2)  In section 21(1)(a) and (b) of the 1985 Act for the words "the date of the request" substitute "two months prior to the date of the statement".
 
    (3)  In section 21 of the 1985 Act omit subsections (2), (3) and (4).
 
    (4)  In section 21(6) of the 1985 Act, after sub-paragraph (b) insert--
    (c)  the accountant shall also provide a statement explaining the nature of the procedures undertaken in the preparation of the certificate and the form of this statement may be prescribed by order of the Secretary of State".
    (5)  In section 22(2) of the 1985 Act for the words "within six months of obtaining the summary" substitute "at any time".
 
    (6)  In section 22(2)(a) of the 1985 Act, after the words "other documents" insert "including the insurance policy relating to the building or a summary thereof and any bank or building society statements relating to the designated client account for the building or estate".
 
    (7)  In section 22(5) of the 1985 Act, after sub-paragraph (b) insert--
    (c)  provide photocopies of any document, either to be collected by the tenant or sent by post at the tenant's cost".")
Statement of costs and accounts.
  
After Clause 141
 
  
BY THE LORD RICHARD
 
     Insert the following new Clause-- 
     ("  .--(1)  The Landlord and Tenant Act 1987 is amended as follows.
 
    (2)  In section 35 of the 1987 Act (application by party to lease for variation of lease), leave out "court" and insert "leasehold valuation tribunal".
 
    (3)  In section 35(2)(a) of the 1987 Act (which provides the grounds for the variation of a lease of a flat based on repair or maintenance) after "under it" insert "circumstances when a lease "fails to make satisfactory provision" under this subsection includes the obligation to repair and maintain the property, the person responsible for the repair and maintenance and the frequency at which such works and services are undertaken".
 
    (4)  In section 35(2)(b) of the 1987 Act (which provides insurance matters as a ground for the variation of a lease of a flat) after "paragraph (a)(ii) or (iii)" insert "circumstances when a lease "fails to make satisfactory provision" under this subsection includes where the premises containing the flat are insured as part of a group of properties owned by the landlord or a superior landlord".
 
    (5)  In section 35(2)(e) of the 1987 Act (which provides that the recovery of expenditure by one party to a lease from another as a ground for the variation of a lease of a flat) after "other party" insert "reasonable expenditure means expenditure incurred or to be incurred as a result of repair, maintenance, management and administration of the building, insurance premiums and costs arising from loans in respect of works of repair and maintenance".
 
    (6)  After section 35(2)(f) of the 1987 Act insert--
    (g)  the payment and collection of service charges in advance of works (whether repairs or maintenance) being carried out;
    (h)  the charging and recovery of a reasonable rate of interest on arrears of service charges;
    (i)  such other grounds as shall be prescribed by the Secretary of State.
    (7)  In section 42(2) of the 1987 Act, substitute the words after "payee" for "in a separate bank or building society account designated as the client account specific to the building, or estate, subject to those charges".
 
    (8)  After section 42(2) of the 1987 Act insert--
        (2A)  A person who without reasonable excuse, fails to comply with subsection (2) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale".
    (9)  In section 60(1) of the 1987 Act (general interpretation) at the end of the definition of "landlord", insert "or a party to such a tenancy otherwise than as landlord or tenant".")
Variation of lease.
  
Schedule 9
 
  
BY THE LORD RICHARD
 
     Page 92, line 7, at end insert ("and estate charges and management costs arising from Estate Management Schemes under section 19 of the 1967 Act and section 69 of the 1993 Act and payable by owners of enfranchised houses and flats") 
 
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