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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 (a) to the Third Marshalled List of Amendments to the Commonhold and Leasehold Reform Bill [H.L.] to be moved in Grand Committee in the House of Lords.

  
Before Clause 139
 
  
BY THE BARONESS GARDNER OF PARKES
THE LORD KINGSLAND
 
238ZA*     Insert the following new Clause-- 
     ("  .  After section 41 of the Landlord & Tenant Act 1987, insert--Reserve Funds.
 Reserve Funds.     41A.--(1)  Notwithstanding the specific terms of any lease of the whole or part of the building, where the tenants of two or more dwellings are required under the terms of their leases to contribute to the same costs by the payment of service charges, the person responsible for the exercise of the management of the premises under the lease shall establish one or more reserve funds to finance the repair and maintenance of the common parts and common services.
 
    (2)  Any demand for payment of service charges shall state the level of contribution within the total sum requested which will be paid into the reserve fund.
 
    (3)  The person responsible for the management of the premises may from time to time vary the level of contribution made to the reserve fund from the service charge contributions, but the level of contributions may not be 0.
 
    (4)  Regulations shall make provision for the preparation of a rolling management programme for repair and maintenance and for its presentation to the contributing tenants.
 
    (5)  In this section--
    service charge" means a service charge within the meaning of section 18(1) of the Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent dwelling registered and not entered as variable); and
    the person responsible for the management of the premises" means either
          (a)  the person who is the landlord under the lease, or
          (b)  the Right to Manage company which has acquired the management functions under Part II of this Act, or
          (c)  a manager appointed under Part II of the 1987 Act to act in relation to the premises or any premises containing or contained in the premises".")
 
 
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