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

back to previous amendments
 
  
Clause 81
 
  
BY THE LORD KINGSLAND
 
     Page 36, line 3, leave out ("a") and insert ("an") 
     Page 36, line 12 at end insert ("or
    (c)  that it is not just or convenient that the RTM company should acquire the right to manage,")
 
     Page 36, line 26, after ("(2)(b)") insert ("or (c)") 
     Page 36, line 33, at end insert--
 
    ("(  )  In considering whether it is or is not just or convenient that the RTM company should acquire the right to manage, the leasehold valuation tribunal shall consider, in particular--
    (a)  whether the objector has managed the premises satisfactorily;
    (b)  whether the RTM company is likely to manage the premises more satisfactorily;
    (c)  any financial losses which the objector may suffer by virtue of losing the right to manage;
    (d)  any actual or potential effect on the value of the reversion to the premises of giving the RTM company the right to manage;
    (e)  whether the objector is resident at the premises;
    (f)  the wishes of any tenants of any part of the premises who are not qualifying tenants; and
    (g)  the wishes of any qualifying tenants of any part of the premises who are not members of the RTM company")
 
  
Clause 82
 
  
BY THE LORD KINGSLAND
 
     Page 37, line 2, leave out ("a") and insert ("an") 
  
Clause 83
 
  
BY THE LORD KINGSLAND
 
     Page 37, line 42, leave out ("A") and insert ("An") 
  
Clause 84
 
  
BY THE LORD KINGSLAND
 
     Page 38, line 8, leave out ("a") and insert ("an") 
  
Clause 85
 
  
BY THE LORD KINGSLAND
 
     Page 38, line 34, leave out ("A") and insert ("An") 
     Page 39, line 3, leave out ("A") and insert ("An") 
  
Clause 86
 
  
BY THE LORD KINGSLAND
 
     Page 39, line 10, leave out ("a") and insert ("an") 
  
After Clause 86
 
  
BY THE LORD KINGSLAND
 
     Insert the following new Clause-- 
 ("Cessation of RTM company rights 
     .--(1)  After RTM company acquires the right to manage any premises, from time to time any person who is--
    (a)  a qualifying tenant,
    (b)  a tenant of any part of the premises who is not a qualifying tenant, or
    (c)  the landlord of the whole or any part of the premises (including mesne landlords) or a management company party to any lease of the premises or any part thereof who prior to the acquisition date had the right to manage the premises,
may apply to the leasehold Valuation Tribunal for an order that the RTM company cease to have the right to manage.
 
    (2)  The grounds on which such an application may be made are that on the date of the application--
    (a)  that where there are only two flats in the premises the tenants of both flats are not both qualifying tenants and members of the RTM company,
    (b)  if there be more than two flats in the premises the tenants of fewer than one half of all the flats in the premises are both qualifying tenants and members of the RTM company, or
    (c)  it is not just or convenient that the RTM company should continue to have the right to manage the premises.
    (3)  The application must be served on--
    (a)  the RTM company,
    (b)  on the landlord of the whole or any part of the premises (including mesne landlords) and
    (c)  any management company party to any lease of the premises or any part thereof who but for the RTM company's right to manage would have the right to manage the premises.
    (4)  The appropriate national authority may make regulations for the precedure for such applications, including provisions as to costs.")
Cessation of RTM company rights.
  
Clause 87
 
  
BY THE LORD KINGSLAND
 
     Page 39, line 43, leave out from ("is") to end of line 44 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 2, leave out ("the date one month") and insert ("a quarter day not less than three months") 
  
Clause 88
 
  
BY THE LORD KINGSLAND
 
     Page 40, line 29, leave out ("or tenant") and insert (", tenant or surety") 
  
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 90
 
  
BY THE LORD KINGSLAND
 
     Page 42, line 28, leave out ("But,") 
     Page 42, line 28, leave out ("that") and insert ("subsection (3)") 
     Page 42, line 30, leave out ("the requirement is imposed") and insert ("he is notified of the requirement") 
  
Clause 91
 
  
BY THE LORD KINGSLAND
 
     Page 42, line 34, leave out ("or tenant") and insert (", tenant or surety") 
  
Clause 93
 
  
BY THE LORD KINGSLAND
 
     Page 43, line 18, leave out ("or tenant") and insert (", tenant or surety") 
     Page 43, line 22, leave out ("and") and insert ("with") 
     Page 43, line 23, leave out ("or tenant") and insert (", tenant or surety") 
     Page 43, line 27, leave out ("and management") and insert (", health and safety, management and compliance with all relevant statutory provisions and guidance") 
     Page 43, line 33, leave out ("or (6)") 
  
Clause 94
 
  
BY THE LORD KINGSLAND
 
     Page 43, line 40, leave out ("or tenant") and insert (", tenant or surety") 
     Page 44, line 10, leave out ("or tenant") and insert (", tenant or surety") 
  
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, thay 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 44, line 21, leave out ("or tenant") and insert (", tenant or surety") 
     Page 44, leave out line 28 and insert (", tenant or surety") 
     Page 44, line 29, at end insert--
 
    ("(  )  The RTM company must not grant an approval in relation to the making of alterations, improvements or change of use.")
 
     Page 44, line 33, after ("possession") insert ("sharing occupation or use,") 
     Page 44, line 33, leave out ("the making of improvements or alterations of use,") 
     Page 44, line 37, at end insert (", and any other person who would have been entitled to grant or withhold the relevant approval but for the provisions of subsection (2)") 
     Page 45, line 2, leave out ("or tenant") and insert (", tenant or surety") 
  
Clause 96
 
  
BY THE LORD KINGSLAND
 
     Page 45, line 33, at end insert (", or
    (e)  any person who would have been entitled to grant or withhold the relevant approval but for the provisions of section 95(2)")
 
     Page 45, line 33, 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 5, leave out ("or tenant") and insert (",  tenant or surety") 
     Page 46, line 8, 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.")
 
  
Clause 98
 
  
BY THE LORD KINGSLAND
 
     Page 46, line 18, at end insert--
 
    ("(  )  The RTM company shall be liable to the landlord for any loss which results from a failure to report a breach of tenant covenants of which the RTM company was or ought to have been aware.")
 
     Page 46, line 22, after ("paid") insert ("to the landlord") 
     Page 46, line 24, at end insert--
 
    ("(  )  The RTM company will reimburse the landlord for any costs incurred as a result of any proceedings arising as a result of enforcing tenant covenants under the lease.")
 
  
Clause 100
 
  
BY THE LORD KINGSLAND
 
     Page 46, line 40, after ("company") insert ("a sum being that part of") 
     Page 46, line 44, at end insert-- 
 ("as shall represent the proportion which the internal floor area of all the excluded units bear to the internal floor area of the premises; and 
 the remainder of the difference shall be paid to the RTM by the qualifying tenants in each case in the proportion which the internal floor area of their respective flat or unit bears to the aggregate internal floor areas of all such flats or units") 
     Page 47, line 11, leave out ("inferior") and insert ("superior") 
  
Clause 104
 
  
BY THE LORD KINGSLAND
 
     Page 48, line 26, after ("agreement") insert (", other than an instrument regulating a trust,") 
  
Clause 112
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 112 
  
Clause 116
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 116 
  
Clause 118
 
  
BY THE LORD KINGSLAND
 
     Page 54, line 43, leave out ("14") and insert ("56") 
  
Clause 122
 
  
BY THE LORD KINGSLAND
 
     Page 56, line 30, leave out from ("payable),") to end of line 31 and insert ("in paragraph 1(1), for the definition of "the valuation date" insert--
    the valuation date" means the date of service of the reversioner's counter-notice."")
 
  
Clause 123
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 123 
  
Clause 124
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 124 
     Page 56, line 42, leave out ("eighty") and insert ("ninety") 
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 6 April 2001