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

back to previous amendments
 
  
Schedule 8
 
  
BY THE LORD CHANCELLOR
 
342     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".")
 
  
Before Clause 121
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
343*     Insert the following new Clause-- 
      ("  .  After section 34 of the 1993 Act insert--Covenants on conveyance of part of building.
 Covenants on conveyance of part of building.     34A.--(1)  This section applies to a conveyance executed for the purposes of this Chapter of a self-contained part of a building if it does not constitute a vertical division of the building or if the structure of the building is such that it could not be redeveloped independently of the remainders of the building.
 
    (2)  A conveyance to which this section applies shall include such covenants (including positive covenants) enforceable by and against the parties to the conveyance and their successors in title as may be prescribed."")
 
  
After Clause 121
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
344*     Insert the following new Clause-- 
  
        ("  .  After section 36 of the 1993 Act insert--
Lease back of non-residential premises.
 Lease back of non-residential premises.     36A.--(1)  A RTE company may require the person from whom the freehold is acquired to take a lease of any part or parts of the premises to which section 4(1)(a) applies.
        (2)  Subsections (2) to (4) of section 36 shall apply to a lease under this section as if the words "flat or other" had been omitted from subsection (3).
        (3)  Part IV of Schedule 9 has effect with respect to the term of a lease granted under this section."")
 
  
Clause 122
 
  
BY THE LORD KINGSLAND
 
345     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."")
 
  
After Clause 122
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
346*     Insert the following new Clause-- 
  
        ("  .  In Schedule 6 to the 1993 Act, omit--
      (a)  paragraph 2(1)(b);
      (b)  paragraph 4;
      (c)  paragraph 5A(2)(b);
      (d)  paragraph 5C;
      (e)  paragraphs 9 and 9A;
      (f)  paragraph 10(1)(b);
      (g)  paragraph 12;
      (h)  paragraphs 15 and 16; and;
      (i)  paragraphs 19 and 20.")
Abolition of marriage values.
  
BY THE LORD KINGSLAND
 
347*     Insert the following new Clause-- 
  
        ("  .--In sub-paragraph 2(1) of Schedule 6 to the 1993 Act, at end there is inserted--
      (d)  a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction".")
Interest on payable on purchase price.
  
Clause 123
 
  
BY THE LORD KINGSLAND
THE LORD GOODHART
THE BARONESS HAMWEE
 
348     Leave out Clause 123 
  
Clause 124
 
  
BY THE LORD KINGSLAND
 
349     Page 56, line 42, leave out ("eighty") and insert ("ninety") 
  
BY THE LORD KINGSLAND
THE LORD GOODHART
THE BARONESS HAMWEE
 
350     Leave out Clause 124 
  
Clause 126
 
  
BY THE LORD KINGSLAND
 
351*     Page 57, line 9, at end insert--
        ("(  )  For subsection 2(b) there is substituted--
      (b)  the tenant or, if the lease by virtue of which the tenant is a qualifying tenant is vested in trustees, an individual having an interest in the trust, has occupied the flat as his only or principal residence for at least twelve months at any time, whether or not he has used it also for other purposes".")
 
352*     Page 57, line 10, leave out ("(2)(b),") 
353*     Leave out Clause 126 
  
Clause 130
 
  
BY THE LORD KINGSLAND
 
354*     Page 57, line 41, leave out from ("lease),") to end of line 42 and insert ("in paragraph 1, for the words after ""the valuation date" means the date", to the end of the paragraph substitute "of service of the reversioner's counter-notice"") 
  
After Clause 130
 
  
BY THE LORD KINGSLAND
 
355*     Insert the following new Clause-- 
  
        ("  .  In paragraph 2 of Schedule 13 to the 1993 Act insert at end insert--
      (d)  a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction.")
Interest payable on purchase price.
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
356*     Insert the following new Clause-- 
  
        ("  .  In Schedule 13 to the 1993 Act, omit--
      (a)  paragraph 2(b);
      (b)  paragraphs 4 to 4B; and
      (c)  paragraph 10.")
Abolition of marriage value.
  
Clause 131
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
357*     Leave out Clause 131 
  
Clause 132
 
  
BY THE LORD KINGSLAND
 
358*     Page 58, line 10, leave out ("eighty") and insert ("ninety") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
359*     Leave out Clause 132 
  
After Clause 133
 
  
BY THE LORD CHANCELLOR
 
360     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.
361     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.
362     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.
363     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".") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
364*     Insert the following new Clause-- 
 ("Abolition of marriage value 
     .--(1)  Section 9 of the 1967 Act is amended as follows.
 
    (2)  In subsection (1A) after "willing seller" insert "with the tenant and members of his family (as defined in section 7(7) of this Act) who reside in the house not buying or seeking to buy".
 
    (3)  In subsection (1C), omit the words after "in accordance with subsection (1A) above".")
Abolition of marriage value.
365*     Insert the following new Clause-- 
 ("Excluded tenancies 
     .  In section 1AA of the 1967 Act--
    (a)  in subsection (1), the words "and is not an excluded tenancy",
    (b)  subsection (3),
    (c)  subsection (5),
are omitted.")
Excluded tenancies.
  
After Clause 134
 
  
BY THE LORD CHANCELLOR
 
366     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.
367     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.
 
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Prepared 9 April 2001