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

back to previous amendments
 
  
After Clause 141
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
 ("Managers appointed by leasehold valuation tribunal 
     .--(1)  The 1987 Act has effect subject to the following amendments.
 
    (2)  In section 22 (notice by tenant before application for appointment of manager is made)--
    (a)  in subsection (1), for "on the landlord by the tenant" substitute "by the tenant on--
            (i)  the landlord, and
            (ii)  any person (other than the landlord) by whom obligations relating to the management of the premises or any part of them are owed to the tenant under his tenancy",
    (b)  in subsection (2)(a), for "the landlord" substitute "any person on whom the notice is served",
    (c)  in subsection (2)(b), for "landlord complies with the requirement specified in pursuance of that paragraph" substitute "requirement specified in pursuance of that paragraph is complied with",
    (d)  in subsection (2)(d), for "the landlord, require the landlord" substitute "any person on whom the notice is served, require him", and
    (e)  in subsection (3)--
          (i)  after "this section" insert "on a person", and
          (ii)  for "landlord" substitute "person".
    (3)  In section 23(1) (application to tribunal for appointment of manager), for "landlord having taken the steps that he was required to take in pursuance of that provision" substitute "person required to take steps in pursuance of that paragraph having taken them".
 
    (4)  In section 24 (appointment of manager by tribunal)--
    (a)  in subsection (2), for "the landlord" (in both places) substitute "any relevant person",
    (b)  after that subsection insert--
        (2ZA)  In this section "relevant person" means a person--
      (a)  on whom a notice has been served under section 22, or
      (b)  in the case of whom the requirement to serve a notice under that section has been dispensed with by an order under subsection (3) of that section.",
    (c)  in subsection (5), for "the landlord" substitute "any relevant person",
    (d)  in subsection (9A), for "a landlord's application" substitute "the application of any relevant person", and
    (e)  in subsection (11), for "section" substitute "Part".
    (5)  In section 29(3), insert at the end "which was made by reason of an act or omission on the part of the landlord."")
Third parties with management responsibilities.
     Insert the following new Clause-- 
     ("  .  In section 21 of the 1987 Act (tenant's right to apply to tribunal for appointment of manager), after subsection (3) insert--Restriction of resident landlord exception.
 
        (3A)  But this Part is not prevented from applying to any premises because the interest of the landlord in the premises is held by a resident landlord if at least one-half of the flats contained in the premises are held on long leases which are not tenancies to which Part II of the Landlord and Tenant Act 1954 applies."")
1954 c. 56.
     Insert the following new Clause-- 
 ("Variation of leases 
     .--(1)  Section 35 of the 1987 Act (application by party to lease for variation of lease) is amended as follows.
 
    (2)  In subsection (2) (grounds for application), for paragraph (b) substitute--
      (b)  the insurance of the building containing the flat or of any such land or building as is mentioned in paragraph (a)(iii);".
    (3)  After paragraph (f) of that subsection insert--
      (g)  such other matters as may be prescribed by regulations made by the Secretary of State."
    (4)  After subsection (3) insert--
        (3A)  For the purposes of subsection (2)(e) the factors for determining, in relation to a service charge payable under a lease, whether the lease makes satisfactory provision include whether it makes provision for an amount to be payable (by way of interest or otherwise) in respect of a failure to pay the service charge by the due date."
    (5)  In section 53(2)(b) of the 1987 Act (regulations subject to negative Parliamentary procedure) after "section 20(4)" insert "or 35(2)(g)".")
Grounds for application by party to lease.
     Insert the following new Clause-- 
     ("  .--(1)  Part IV of the 1987 Act (variation of leases) is amended as follows.
 
    (2)  In section 35 (application by party to lease for variation of lease)--
    (a)  in subsection (1), for "the court" substitute "a leasehold valuation tribunal", and
    (b)  in subsection (5), for "Rules of court" substitute "Procedure regulations under Schedule 11 to the Commonhold and Leasehold Reform Act 2001".
    (3)  In section 36(1) (application by respondent for variation of other leases), for "court" substitute "tribunal".
 
    (4)  In section 37(1) (application by majority of parties for variation of leases), for "the court" substitute "a leasehold valuation tribunal".
 
    (5)  In section 38 (orders varying leases)--
    (a)  in subsections (1) to (5), for "court" (in each place) substitute "tribunal",
    (b)  in subsection (6)--
          (i)  for "The court" substitute "A tribunal", and
          (ii)  for "the court" substitute "the tribunal",
    (c)  in subsections (7) to (9), for "The court" substitute "A tribunal", and
    (d)  in subsection (10)--
          (i)  for "the court", in the first place, substitute "a tribunal", and
          (ii)  for "the court", in the other two places, substitute "the tribunal".
    (6)  In section 39 (applications by third parties for orders varying leases)--
    (a)  in subsection (3)(b), for "the court" substitute "a leasehold valuation tribunal",
    (b)  in subsection (4), for "The court" substitute "A tribunal", and
    (c)  in subsection (5)(b), for "court" substitute "tribunal".
    (7)  In section 40(1) (variation of insurance provisions of dwelling other than flat), for "the court" substitute "a leasehold valuation tribunal".
 
    (8)  In consequence of the preceding provisions, in section 52(2)(a) of the 1987 Act (jurisdiction of county courts), for ",  III and IV" substitute "and III".")
Transfer of jurisdiction of court to tribunal.
  
Clause 146
 
  
BY THE LORD CHANCELLOR
 
     Page 66, line 37, leave out ("land in which there is a Crown interest") and insert ("Crown land (as in relation to other land)") 
     Page 66, line 40, at end insert--
    ("(  )  Part II of the 1987 Act (appointment of manager by leasehold valuation tribunal),")
 
     Page 66, line 40, at end insert--
    ("(  )  Part IV of the 1987 Act (variation of leases),")
 
     Page 66, leave out lines 41 and 42 and insert--
    ("(  )  sections 46 to 49 of the 1987 Act (information to be furnished to tenants),")
 
     Page 67, line 6, leave out subsection (2) and insert--
 
    ("(2)  Land is Crown land if there is or has at any time been an interest or estate in the land--
    (a)  comprised in the Crown Estate,
    (b)  belonging to Her Majesty in right of the Duchy of Lancaster,
    (c)  belonging to the Duchy of Cornwall, or
    (d)  belonging to a government department or held on behalf of Her Majesty for the purposes of a government department.")
 
     Page 67, line 13, leave out ("section 21, 22 or 23 of, or by or by virtue of paragraph 2, 3 or 4") and insert ("or by virtue of any of sections 21 to 23A of, or any of paragraphs 2 to 4A") 
     Page 67, line 16, at end insert-- 
     ("(  )  Any sum payable under any of the provisions mentioned in subsection (1) by the Chancellor of the Duchy of Lancaster may be raised and paid under section 25 of the Duchy of Lancaster Act 1817 as an expense incurred in improvement of land belonging to Her Majesty in right of the Duchy.1817 c. 97.
     (  )  Any sum payable under any such provision by the Duke of Cornwall (or any other possessor for the time being of the Duchy of Cornwall) may be raised and paid under section 8 of the Duchy of Cornwall Management Act 1863 as an expense incurred in permanently improving the possessions of the Duchy.")1863 c. 49.
     Page 67, line 16, at end insert--
 
    ("(  )  In section 56 of the 1987 Act (Crown land)--
    (a)  in subsection (1), for "This Act" substitute "Parts I and III and sections 42 to 42B (and so much of this Part as relates to those provisions)", and
    (b)  in subsection (3), for "this Act" substitute "the provisions mentioned in subsection (1)".")
 
  
Schedule 11
 
  
BY THE LORD CHANCELLOR
 
     Page 95, line 35, at end insert--
    ("(  )  Part IV of the 1987 Act (variation of leases),")
 
     Page 96, line 23, at end insert ("or in accordance with provision made by any enactment other than this paragraph.") 
  
Clause 151
 
  
BY THE LORD CHANCELLOR
 
     Page 68, line 9, after first ("Act") insert (",  the 1987 Act") 
  
Schedule 13
 
  
BY THE LORD CHANCELLOR
 
     Page 98, line 12, column 3, at beginning insert-- 
  ("In section 1--
in subsection (1), the words ", occupying the house as his residence," and the words ", and occupying it as his residence,",
subsection (2), and
in subsection (3)(a), the words "and occupied by".
 
  In section 1AA--
in subsection (1)(b), the words "falls within subsection (2) below and", and
subsections (2) and (4).{CM
  In section 2--
in subsection (3), the words "and occupied by" and the words from "and are occupied" to the end, and
in subsection (4), the words "or a subletting".
 
 In section 3(3), the words ", except section 1AA,". 
 In section 6--
in subsection (2), the words "in respect of his occupation of the house",
subsection (3), and
in subsection (5), the words "or statutory owners, as the case may be," the words "or them" and the words "or (3)".
 
 In section 7--
in subsection (1), the words "while occupying it as his residence", the words ", and occupying the house as his residence," and paragraph (b) and the word "and" before it,
in subsection (4), the words "while so occupying the house" and the words "occupying in right of the tenancy", and
subsection (6).
 
 In section 9--
in subsection (1), the words "who reside in the house", and
subsection (1C)(a).")
 
     Page 98, line 15, column 3, at end insert (""or occupied", the words") 
     Page 98, line 24, column 3, at end insert-- 
 ("In section 37--
in subsection (4), the words ", except section 1AA,", and
in subsection (5), the words from the beginning to "but".
 
 In Schedule 3, in paragraph 6, sub-paragraph (1)(d) and, in sub-paragraph (2), the words "and (d)".") 
     Page 98, line 24, column 3, at end insert-- 
 ("In Schedule 4A, in paragraph 3(2)(d), the word "assign,".") 
     Page 98, line 32, column 3, at end insert-- 
 ("In Schedule 21, paragraph 1.") 
     Page 98, line 38, column 3, at end insert-- 
 ("In section 39, the entry relating to the expression "flat".") 
     Page 98, line 39, column 3, after ("Schedule") insert "(--
    in the heading before paragraph 2, the words "Request for",
    in the heading before paragraph 4, the words "Request relating to",
    in the heading before paragraph 5, the words "on request", and")
 
     Page 98, line 40, at end insert-- 
 ("1986 c. 63.Housing and Planning Act 1986.In Schedule 5, paragraph 9(2).") 
     Page 98, line 45, column 3, at end insert-- 
 ("In section 38, in the sidenote, the words "by the court".") 
     Page 98, line 45, column 3, at end insert-- 
 ("In section 42--
in subsection (2), the words ", and any investments representing those sums,",

subsection (5), and

in subsection (8), the words "(whether the lease was granted before or after the commencement of this section)".")
 
     Page 98, line 47, column 3, leave out ("53(2)(b),") and insert ("53(2), the words ", 42(5) and"") 
     Page 98, line 48, column 3, at end insert-- 
 ("Section 56(2).") 
     Page 98, line 49, column 3, leave out ("paragraph 3") and insert ("paragraphs 3, 5, 6 and 7") 
     Page 99, column 3, leave out line 53 and insert-- 
 ("In section 18--
in subsection (1), paragraph (b) and the word "or" before it, the words "or shareholding" (in both places) and the words "or established", and

in subsection (2), the words "or shareholding" and the words "or (b)".")

 
     Page 99, line 2,column 3, leave out ("paragraph 10") and insert ("paragraphs 10 and 91") 
     Page 100, column 3, leave out line 49 
     Page 100, column 3, leave out line 8 
     Page 102, line 10, column 3, after ("paragraphs") insert ("2(3) and (7),"). 
     Page 102, line 16, at end insert-- 
 ("1996 c. 53.Housing Grants, Construction and Regeneration Act 1996.In Schedule 1, paragraph 12.") 
 
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