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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 Supplement (a) to the Marshalled List of Amendments to the Commonhold and Leasehold Reform Bill to be moved on Report in the House of Lords.

  
Clause 38
 
  
BY THE LORD KINGSLAND
 
115A*     Page 17, line 9, leave out ("which") 
  
After Clause 65
 
  
BY THE BARONESS GARDNER OF PARKES
 
204A*     Insert the following new Clause-- 
     ("  .--(1)  The Lord Chancellor shall lay a report before both Houses of Parliament not more than two years after the commencement of this Part of this Act of the number of registrations of commonhold land, together with a commentary on the market response to the provisions of this Part.
 
    (2)  The report shall include a statement of opinion by the Lord Chancellor as to whether he believes that the take-up of commonhold in the market is satisfactory.
 
    (3)  If the Lord Chancellor's report states that he does not believe that the take-up of commonhold is satisfactory, he may lay a draft order which shall require all new developments of blocks of flats and all conversions of buildings to self-contained flats for residential use to be registered as freehold estates in commonhold land.
 
    (4)  Any draft order laid in accordance with subsection (3) shall not come into force until approved by an affirmative resolution of both Houses of Parliament.")
Report on use of commonhold.
  
After Clause 139
 
  
BY THE BARONESS HANHAM
 
374A*     Insert the following new Clause-- 
     ("  .--(1)  Section 21 of the Landlord and Tenant Act 1985 is amended as follows.
 
    (2)  At end of subsection (6)(b) insert "on his request or otherwise, and which give him reasonable assurance that the certified summary is free from material misstatement, irregularity or error, having regard to current Landlord and Tenant legislation and applying the accepted accounting practices of his professional body".")
Protecting leaseholders' monies.
  
Before Clause 142
 
  
BY THE BARONESS GARDNER OF PARKES
 
390A*     Insert the following new Clause-- 
     ("  .--(1)  Section 35 of the 1987 Act (application by party to lease for variation of lease) is amended as follows.
 
    (2)  In subsection (2) insert--
    (g)  the creation of a reserve fund."
    (3)  After subsection 35(4), insert--
        (4A)  For the purposes of subsection (2)(g), any application for a variation of lease shall include a statement of the proportion of the service charge which it is proposed will be treated as a contribution to the reserve fund, and that proportion shall be no less than 10 per cent. and no greater than 20 per cent. of the total annual service charge."")
Variation of leases (reserve funds).
390B*     Insert the following new Clause-- 
     ("  .  Where additional units are created within a building or part of a building, the computation of the service charge payable by each unit shall be amended to ensure that the percentages of payments allocated to the units amount in aggregate to 100 per cent.")Apportionment of service charge: creation of additional units.
  
After Clause 142
 
  
BY THE BARONESS HANHAM
 
390C*     Insert the following new Clause-- 
     ("  .  In Schedule 9 to the Housing Act 1996 (low rent test: extension of rights), after sub-paragraph (3)(c) of paragraph 1(1AA) insert--
 
, and
    (d)  the freeholder satisfies a leasehold valuation tribunal that the house is integral to the management of the estate concerned and has been leased on terms relating to that purpose.
    (4)  An application to a leasehold valuation tribunal in accordance with sub-paragraph (d) above shall be made by the freeholder within two months of his receipt of the relevant notice of the leaseholder's claim to enfranchise under the terms of this Act."")
Low rent test: extension of rights.
390D*     Insert the following new Clause-- 
     ("  .--(1)  Any provision in a lease of a dwellinghouse to which this Act applies, whensoever created, requiring a tenant to insure with a nominated company and through the agency of a lessor (or both) or any other person, firm or company shall be void.
 
    (2)  Such provision shall continue to be effective so far as it relates to the insurance of a dwellinghouse against the usual household risks, for the full reinstatement value and index-linked, with any reputable insurance company.")
Insurance provision under a lease.
390E*     Insert the following new Clause-- 
     ("  .--(1)  Section 1 of the Landlord and Tenant Act 1987 is amended as follows.
 
    (2)  In subsection (2), before paragraph (a) insert--
    (za)  they consist of an individual house;".")
Tenants of houses on long leases to have rights of first refusal on disposals by landlord.
  
After Clause 145
 
  
BY THE BARONESS HANHAM
 
390F*     Insert the following new Clause-- 
     ("  .  In section 3 of the Landlord and Tenant Act 1954 (continuation of tenancies to which section 1 applies), omit subsection (3).")Continuation of tenancies.
  
After Clause 146
 
  
BY THE BARONESS HANHAM
 
398A*     Insert the following new Clause-- 
 ("NOTICES OF CLAIM TO BE OVERRIDING INTERESt 
     .--(1)  Section 5 of the Leasehold Reform Act 1967 is amended as follows.
 
    (2)  In subsection (5), the words "nor shall any right of a tenant arising from a notice under this Act of his desire to have the freehold or to have an extended lease be an overriding interest within the meaning of the Land Registration Act 1925; but any such notice shall be registrable under the Land Charges Act 1925 or may be the subject of a notice or caution under the Land Registration Act 1925, as if it were an estate contract" are omitted.
 
    (3)  In section 70(1) of the Land Registration Act 1925, after paragraph (f) there is inserted the following new paragraph--
    (fa)  The right of every tenant of a dwelling held on a long tenancy at a low rent within the meaning of the Leasehold Reform Act 1967, as amended, and the Leasehold Reform, Housing and Urban Development Act 1993, as amended, arising out of a written notice of his desire to have the freehold or an extended lease;".")
Notice of claim to be overriding interest.
 
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Prepared 10 April 2001