House of Lords portcullis
House of Lords
Session 2000-01
Publications on the internet
Other Bills before Parliament
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 Marshalled List of Amendments to the Commonhold and Leasehold Reform Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the Order of 5th April 2001, as follows-- 
 Clauses 1 and 2
Schedule 1
Clauses 3 and 4
Schedule 2
Clauses 5 to 33
Schedule 3
Clauses 34 to 56
Schedule 4
Clauses 57 to 65
Schedule 5
Clauses 66 to 69
Schedule 6
Clauses 70 to 99
Schedule 7
Clauses 100 to 120
Schedule 8
Clauses 121 to 138
Schedule 9
Clauses 139 to 141
Schedule 10
Clauses 142 to 148
Schedule 11
Clauses 149 and 150
Schedule 12
Clauses 151 to 154
Schedule 13
Clauses 155 to 157
 
  
Clause 1
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
1*     Page 1, line 10, at end insert ("or a term of years absolute in the land with not less than 200 years unexpired is registered as a leasehold estate in commonhold land") 
2*     Page 1, line 22, at end insert--
    (""commonhold term" means a term of years which has been registered as a leasehold estate in commonhold land,")
 
3*     Page 1, line 27, leave out from ("of") to ("possession") 
  
Clause 2
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
4*     Page 2, line 6, at end insert--
 
    ("(  )  The Registrar shall register a term of years absolute with not less than 200 years unexpired as a leasehold estate in commonhold land if--
    (a)  the registered holder of the term of years makes an application under this section and
    (b)  no part of the land is already commonhold land.")
 
5*     Page 2, line 8, at end insert--
 
    ("(  )  A person is the registered holder of a term of years for the purposes of this Part if--
    (a)  he is registered as the proprietor of the term of years with absolute title, or
    (b)  he has applied, and the Registrar is satisfied that he is entitled, to be registered as mentioned in paragraph (a).")
 
  
Schedule 1
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
6*     Page 70, line 6, leave out ("estate as a freehold") and insert ("or leasehold") 
  
Clause 3
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
7*     Page 2, line 15, at beginning insert ("Subject to subsection (1A),") 
8*     Page 2, line 15, leave out from ("made") to ("without") in line 16 
  
BY THE LORD KINGSLAND
 
9     Page 2, line 22, at end insert--
 
("provided that if the estates, charges, interests, claims and rights of all persons mentioned in paragraphs (a) to (d) above who do not consent to such application relate in the aggregate to 20 per cent. or less of the total surface area of such land, their consent shall not be required")
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
10*     Page 2, line 22, at end insert--
 
    ("(1A)  Subsection (1) shall not apply if--
    (a)  the persons withholding consent (in this Part referred to as "non-consenting parties") are proprietors of estates or charges only over parts of the land consisting of leasehold flats, forming part of a self-contained building which is the intended subject of the application; and
    (b)  the number of flats to which paragraph (a) applies is not more than 20 per cent of the total number of flats in the building.
    (1B)  Schedule ("Non-consenting parties") shall have effect in relation to flats to which paragraph (a) applies and which form part of a self-contained building which has been registered as commonhold land."")
 
  
BY THE LORD CHANCELLOR
 
11     Page 2, line 27, leave out from ("consent") to ("successors") in line 28 and insert ("to bind") 
  
BY THE LORD KINGSLAND
 
12     Page 2, line 36, at end insert--
    ("(g)  prescribing how for the purposes of this Part of this Act the surface area is to be ascertained;
    (h)  enabling a court to determine any issue as to whether consent is not required by virtue of the proviso to subsection (1)")
 
  
After Clause 3
 
  
BY THE LORD KINGSLAND
 
13     Insert the following new Clause-- 
     ("  .--(1)  Commonhold land may consist of, or include, a building, or part of a building, which is above or below other land.
 
    (2)  Where subsection (1) applies, a positive covenant relating to the commonhold or the other land entered into between the commonhold association and the registered proprietor of an estate in the whole or part of the other land shall be enforceable by and against their successors in title and persons deriving title under them if the covenant so provides.")
Flying commonhold.
  
Before Clause 4
 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
14     Insert the following new Clause-- 
     ("  .--(1)  Notwithstanding the provisions of sections 2 and 3, in order to facilitate the creation of commonhold from an existing freehold building, the following provisions shall apply--
    (a)  existing long leases may continue and comprise part of a commonhold;
    (b)  where leaseholders do not wish to become unit owners and have signified this accordingly, existing long leases will continue and the commonhold association shall be regarded as the unit holder, with the obligation to the leaseholder as the freeholder of the unit;
    (c)  existing rights applicable to long leases shall continue to be maintained; and
    (d)  existing rights applicable to mortgages shall be maintained.
    (2)  Conversion may take place where no less than 50% of the long leaseholders consent to convert to commonhold.
 
    (3)  Where more than 10% of leaseholders object to this conversion, they may apply to a tribunal court indicating the grounds for their objections.
 
    (4)  Where an application is made under subsection (3) above, the tribunal may confirm or prevent the conversion having regard to the circumstances.")
Conversion of existing buildings.
  
Before Schedule 2
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
15*     Insert the following new Schedule-- 
 ("SCHEDULE 
 Non-consenting parties 
     1.  In this Schedule, "excluded flats" means flats in which non-consenting parties have an estate or over which they have a charge.
 
    2.  The leasehold interest in an excluded flat shall continue in force and accordingly--
    (a)  sections 7(3)(d) and 9(3)(f) shall not apply to the flat; and
    (b)  the flat shall not be a commonhold unit.
    3.  The reversion expectant on the termination of the leasehold interest in an excluded flat shall rest in the commonhold association.
 
    4.  The lease of an excluded flat shall have the right (with the consent of the registered proprietor of any charge over the excluded flat) at any time before the expiration of the lease to surrender the lease of the excluded flat and connect the flat into a commonhold unit which he is the proprietor and to become a member of the commonhold association.
 
    5.  Regulations may provide for the price and other terms on which the lessee of an excluded flat may exercise his rights under paragraph 4.
 
    6.  The lessee of an excluded flat shall not be entitled to exercise the rights conferred by Chapter II of Part I of the 1993 Act, but for the purposes of calculating any price to be paid for the exercise of the rights under paragraph 4, this paragraph shall be disregarded.
 
    7.  On the expiry of the lease an excluded flat which has not been converted into a commonhold unit under paragraph 4, the commonhold association shall sell the flat and retain the proceeds of sale for its own benefit.
 
    8.  Regulations (which may provide for the modifications of Part I in relation to commonhold land which included the reversionary interest in an excluded flat) may make consequential provision for giving effect to this Schedule.")
 
  
Schedule 2
 
  
BY THE LORD KINGSLAND
 
16     Page 70, line 35, leave out paragraph 1 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
17*     Page 70, line 36, after ("application") insert ("for registration as a freehold estate in commonhold land"). 
  
Clause 6
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
18*     Page 3, line 17, leave out ("a freehold") and insert ("an") 
19*     Page 3, line 18, after ("freehold") insert ("or leasehold") 
  
BY THE LORD KINGSLAND
 
20*     Page 3, line 24, leave out subsection (2) and insert--
 
    ("(2)  The register may be rectified by the Registrar if--
    (a)  he is satisfied that that the error is a minor matter; or
    (b)  if all relevant parties consent to the rectification.")
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
21*     Page 3, line 26, leave out ("freehold") 
22*     Page 3, line 27, leave out ("a freehold") and insert ("an") 
  
Clause 7
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
23*     Page 4, line 5, leave out first ("a freehold") and insert ("an") 
24*     Page 4, line 5, leave out second ("a freehold") and insert ("an") 
25*     Page 4, line 12, leave out ("freehold") 
26*     Page 4, line 17, after ("estate") insert ("or commonhold term") 
27*     Page 4, line 20, after ("estate") insert ("or commonhold term") 
28*     Page 4, line 25, after ("lease") insert ("other than a commonhold term") 
29*     Page 5, line 1, leave out ("freehold") 
30*     Page 5, line 2, leave out ("a freehold") and insert ("an") 
  
After Clause 9
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
31*     Insert the following new Clause-- 
     ("  .  Section 9 applies in relation to a leasehold estate in commonhold land as if references to the freehold estate were references to the commonhold term and as if the words "other than the commonhold term" were inserted after "lease" in subsection (3)(f).")Registration: leasehold estates in commonhold land.
  
Clause 10
 
  
BY THE LORD KINGSLAND
 
32     Leave out Clause 10 and insert the following new Clause-- 
     ("  .  The superior leaseholder shall be liable for loss suffered by a person who holds an inferior lease which is extinguished by virtue of section 7(3)(d) or 9(3)(f).")Extinguished lease: liability.
  
Clause 11
 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
33     Page 6, line 17, leave out ("may") and insert ("must") 
34     Page 6, line 18, at end insert ("and must have regard to section 24(2)") 
35     Page 6, line 19, leave out ("may") and insert ("must") 
36     Page 6, line 20, leave out ("may") and insert ("must") 
  
Clause 12
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
37*     Page 6, line 23, after ("estate") insert ("or commonhold term") 
38*     Page 6, line 26, after ("estate") insert ("or commonhold term") 
  
Clause 14
 
  
BY THE LORD KINGSLAND
 
39*     Page 7, line 24, leave out ("and maintenance") and insert (", maintenance and improvement") 
  
Clause 15
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
40*     Page 7, line 29, after ("estate") insert ("or commonhold term") 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
41     Page 7, line 42, at end insert--
 
    ("(  )  Notwithstanding other remedies which may be available to the commonhold association, outstanding debts and arrears due to the commonhold association must be paid by the vendor on transfer of the unit.")
 
  
Clause 17
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
42*     Page 8, line 20, leave out subsections (1) and (2) and insert--
 
    ("(  )  No term of years absolute may be created in a residential commonhold unit--
    (a)  for a term exceeding 7 years;
    (b)  in considerations of the payment of a premium or other lump sum;
    (c)  which does not comply with such other conditions as may be prescribed.")
 
  
BY THE LORD KINGSLAND
 
43     Leave out Clause 17 
  
Clause 18
 
  
BY THE LORD KINGSLAND
 
44     Page 8, line 42, leave out from ("unit") to end of line 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 9 April 2001