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Amendments to the Commonhold and Leasehold Reform Bill

Commonhold and Leasehold Reform Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Commonhold and Leasehold Reform Bill to be moved on Report in the House of Lords.

  
Schedule 6
 
  
BY THE LORD CHANCELLOR
 
     Page 78, line 30, at end insert--
 
    ("(  )  Sub-paragraph (1)(b) does not apply where the right to manage the premises ceased to be exercisable by virtue of section 70(5).")
 
  
Clause 70
 
  
BY THE LORD CHANCELLOR
 
     Page 30, line 11, after ("But") insert ("a company is not a RTM company if it is a commonhold association.
 
    (4)  And")
 
     Page 30, line 14, leave out subsections (4) and (5) and insert--
 
    ("(5)  If the freehold of any premises is conveyed or transferred to a company which is a RTM company in relation to the premises, or any premises containing or contained in the premises, it ceases to be a RTM company when the conveyance or transfer is executed.")
 
  
Clause 82
 
  
BY THE LORD CHANCELLOR
 
     Page 37, line 9, leave out ("the court") and insert ("a leasehold valuation tribunal") 
     Page 37, line 28, leave out ("court") and insert ("leasehold valuation tribunal") 
     Page 37, line 38, leave out ("court") and insert ("leasehold valuation tribunal") 
  
Clause 91
 
  
BY THE LORD CHANCELLOR
 
     Page 42, line 47, leave out ("previously incurred") and insert ("incurred before the acquisition date") 
  
Schedule 7
 
  
BY THE LORD CHANCELLOR
 
     Page 79, line 41, leave out ("Sections 21(3) and 22(3) apply") and insert ("Section 22(5) applies") 
     Page 80, line 8, leave out ("Paragraph 2(3) of the Schedule applies") and insert ("Paragraphs 2(3) and 3(3) of the Schedule apply") 
     Page 80, line 42, leave out from beginning to ("effect") in line 43 and insert ("Sections 42 to 42B (service charge contributions to be held in trust and in designated account) have") 
     Page 81, line 2, leave out ("subsection (1)") and insert ("section 42(1)") 
     Page 81, line 5, leave out ("subsection (2)") and insert ("section 42(2)") 
     Page 81, line 6, leave out (", and any investments representing those sums,") 
     Page 81, line 7, at end insert--
 
    ("(6)  Section 42A(5) applies as if paragraph (a) were omitted and the person referred to in paragraph (b) were a person who receives service charges on behalf of the RTM company.")
 
     Page 81, line 25, leave out ("of the 1993 Act (tenants' right to management audit by landlord)") and insert ("(tenants' right to management audit by landlord) of the Leasehold Reform, Housing and Urban Development Act 1993 (referred to in this Part as "the 1993 Act)")1993 c. 28.
     Page 81, line 26, leave out ("(but as if section 83(1) to (4) were omitted)") 
     Page 81, line 43, after ("landlord") insert ("(or a party to a lease)") 
  
Clause 103
 
  
BY THE LORD CHANCELLOR
 
     Page 48, line 16, leave out ("The") and insert ("A county") 
  
Clause 109
 
  
BY THE LORD CHANCELLOR
 
     Page 50, leave out line 31 
  
Clause 110
 
  
BY THE LORD CHANCELLOR
 
     Page 51, leave out line 43 
  
Clause 117
 
  
BY THE LORD CHANCELLOR
 
     Page 53, line 33, leave out ("whose membership includes") and insert ("which has among its participating members") 
     Page 53, line 37, after ("are") insert ("participating") 
  
Clause 118
 
  
BY THE LORD CHANCELLOR
 
     Page 54, line 5, after ("But") insert ("a company is not a RTE company if it is a commonhold association.
 
    (  )  And")
 
     Page 54, line 15, leave out from beginning to (""RTM") in line 24 and insert--
 
    ("(1)  Before the execution of a relevant conveyance to a company which is a RTE company in relation to any premises the following persons are entitled to be members of the company--
    (a)  qualifying tenants of flats contained in the premises, and
    (b)  if the company is also a RTM company which has acquired the right to manage the premises, landlords under leases of the whole or any part of the premises.
    (2)  Relevant conveyance" means a conveyance of the freehold of the premises or of any premises containing or contained in the premises and")
 
     Page 54, line 27, leave out from beginning to ("any") in line 28 and insert--
 
    ("(3)  On the execution of a relevant conveyance to the RTE company,")
 
     Page 54, line 32, leave out from ("company") to ("means") in line 33 
     Page 54, line 34, leave out ("(1)") and insert ("(1)(a)") 
     Page 54, line 37, leave out ("notice was given") and insert ("company gives a notice under section 13") 
     Page 54, line 43, leave out ("14") and insert ("28") 
     Page 55, line 6, leave out ("notice under section 13 was given") and insert ("company gives a notice under section 13") 
  
Schedule 8
 
  
BY THE LORD CHANCELLOR
 
     Page 83, line 22, at end insert--
 
    ("  .--(1)  Section 18 (duty to disclose existence of agreements affecting premises etc.) is amended as follows.
 
    (2)  In subsection (1)--
    (a)  for "nominee purchaser", in the first and last place, substitute "RTE company", and
    (b)  for "tenant", in the first place, substitute "member".
    (3)  In subsection (2)--
    (a)  for "nominee purchaser" (in each place) substitute "RTE company", and
    (b)  for "tenants" substitute "members".")
 
  
After Clause 133
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
 ("Qualifying rules 
     .--(1)  In subsection (1) of section 1 of the 1967 Act (tenants of houses entitled to enfranchisement or extension), omit--
    (a)  , occupying the house as his residence," and
    (b)  , and occupying it as his residence,".
    (2)  After that subsection insert--
        (1ZA)  Where a house is for the time being let under two or more tenancies, a tenant under any of those tenancies which is superior to that held by any tenant on whom this Part of this Act confers a right does not have any right under this Part of this Act."
    (3)  In subsection (3) of that section (exception where house is let to and occupied by tenant with other land or premises to which it is ancillary), for "occupation of it as his residence (but shall apply as if he were not so occupying it)" substitute "being a tenant of it".
 
    (4)  In section 2(4) of the 1967 Act (premises previously let with house), for "occupied and used as mentioned in subsection (3) above" substitute "subject to a tenancy vested in him".
 
    (5)  In section 6(1) of the 1967 Act (rights in case of trusts), for the words from the beginning to "right of the tenancy" substitute "A tenant of a house shall for purposes of this Part of this Act be treated as having been a tenant of it at any earlier time".
 
    (6)  In section 7(3) and (4) of the 1967 Act (rights of members of family succeeding to tenancy on death), for "with him" substitute "in the house".")
Abolition of residence test.
     Insert the following new Clause-- 
     ("  .--(1)  In subsection (1)(b) of section 1 of the 1967 Act (requirement that person claiming entitlement to enfranchisement or extension has been tenant of house for last three years or for periods amounting to three years in last ten), for "three years or for periods amounting to three years in the last ten years" substitute "two years".
 
    (2)  After subsection (1A) of that section insert--
Reduction of qualifying period as tenant etc.
 
        (1B)  This Part of this Act shall not have effect to confer any right on the tenant of a house under a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies unless, at the relevant time, the tenant has been occupying the house, or any part of it, as his only or main residence (whether or not he has been using it for other purposes)--
      (a)  for the last two years; or
      (b)  for periods amounting to two years in the last ten years."
    (3)  In--
    (a)  section 9(3)(b) of the 1967 Act (no new notice for three years after withdrawal), and
    (b)  section 23(2)(b) of the 1967 Act (agreements excluding or restricting for period not exceeding three years right to give further notice),
for "three years" substitute "twelve months".")
1954 c. 56.
     Insert the following new Clause-- 
     ("  .--(1)  Section 1AA of the 1967 Act (additional right to enfranchisement where tenancy of house not at low rent) is amended as follows.
 
    (2)  Omit--
    (a)  in subsection (1)(b), "falls within subsection (2) below and", and
    (b)  subsection (2) (tenancies for more than 35 years etc.).
    (3)  In subsection (3) (exceptions)--
Tenancies not at low rent.
 
    (a)  in paragraph (b), for "the coming into force of section 106 of the Housing Act 1996" substitute "1st April 1997 (the date on which section 106 of the Housing Act 1996 came into force)", and
    (b)  for paragraph (c) substitute--
      (c)  the tenancy either--
            (i)  was granted on or before that date, or
            (ii)  was granted after that date, but on or before the coming into force of section (Tenancies not at low rent) of the Commonhold and Leasehold Reform Act 2001, for a term of years certain not exceeding thirty-five years."")
1996 c. 52.
1996 c. 52.
     Insert the following new Clause-- 
     ("  .--(1)  After section 6 of the 1967 Act insert--Personal representatives.
 Rights of personal representatives.     6A.--(1)  Where a tenant of a house dies and, immediately before his death, he had under this Part of this Act--
    (a)  the right to acquire the freehold, or
    (b)  the right to an extended lease,
the right is exercisable by his personal representatives while the tenancy is vested in them (but subject to subsection (2) below); and, accordingly, in such a case references in this Part of this Act to the tenant shall, in so far as the context permits, be to the personal representatives.
 
    (2)  The personal representatives of a tenant may not give notice of their desire to have the freehold or an extended lease by virtue of subsection (1) above later than six months after the grant of probate or letters of administration."
 
     (2)  In paragraph 6(2) of Schedule 3 (particulars to be contained in notice), after "6" (in both places) insert ",  6A".") 
  
After Clause 134
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
 ("Purchase price 
     .--(1)  Section 9 of the 1967 Act (purchase price etc.) is amended as follows.
 
    (2)  In subsection (1C) (purchase price payable where the right to acquire freehold arises by virtue of section 1A, 1AA or 1B), omit paragraph (a) (tenant's share of marriage value not to exceed one-half).
 
    (3)  After that subsection insert--
        (1D)  Where, in determining the price payable for a house and premises in accordance with this section, there falls to be taken into account any marriage value arising by virtue of the coalescence of the freehold and leasehold interests, the share of the marriage value to which the tenant is to be regarded as being entitled shall be one-half of it."")
Tenant's share of marriage value.
     Insert the following new Clause-- 
     ("  .  In section 9 of the 1967 Act (purchase price etc.), after subsection (1D) (inserted by section (Tenant's share of marriage value)) insert--
        (1E)  But where at the relevant time the unexpired term of the tenant's tenancy exceeds eighty years, the marriage value shall be taken to be nil."")
Disregard of marriage value in case of very long leases.
  
After Clause 137
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
 ("Shared ownership leases 
     .--(1)  Schedule 4A to the 1967 Act (exclusion of certain shared ownership leases) is amended as follows.
 
    (2)  In paragraph 2 (exclusion of certain leases granted by certain public authorities when interest of landlord belongs to authority)--
    (a)  in sub-paragraph (1), after "such a body" insert ",  to a registered social landlord",
    (b)  in sub-paragraph (3)(b), at the end insert "or to a registered social landlord", and
    (c)  at the end insert--
Shared ownership leases.
 
        (5)  In this paragraph "registered social landlord" has the same meaning as in Part I of the Housing Act 1996."
    (3)  In paragraph 3(2)(d) (conditions to be satisfied for exclusion of lease granted by a housing association), omit "assign,".")
1996 c. 52.
 
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