Leasehold Reform (Amendment) Bill

These notes refer to the Leasehold Reform (Amendment) Bill as introduced in the House of Commons on 24 June 2013 [Bill 45]

Explanatory Notes

LEASEHOLD REFORM (AMENDMENT) BILL

EXPLANATORY NOTES

INTRODUCTION

1. These explanatory notes relate to the Leasehold Reform (Amendment) Bill as introduced in the House of Commons on 24 June 2013.

2. The Notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill.

BACKGROUND

3. At present, notices under the provisions of section 13 or section 42 of the Leasehold Reform Housing and Urban Development Act 1993 ("the Act") must be signed by the tenant personally.

4. This is not the case for notices under other sections of the Act or under the Leasehold Reform Act 1967.

5. Section 13 of the Act relates to Collective Enfranchisement claims and section 42 concerns an individual Lease Extension claim – both in relation to blocks of flats.

6. The purpose of the Bill is to remove any restrictions caused by, for example, a person’s illness or absence from the country. An attorney is presently not permitted to sign notices under either section 13 or section 42 of the Act.

7. Removing the requirement for the tenant’s signature on notices would not affect a landlord’s right to challenge notices on other grounds.

COMMENTARY ON CLAUSE 1

8. This clause repeals section 99(5)(a) of the Leasehold Reform Housing and Urban Development Act 1993.

9. This would bring the rules in relation to the signing of notices under section 13 or section 42 of the Act into line with those for other notices under the Act or under the Leasehold Reform Act 1967.

10. This repeal would allow attorneys and/or solicitors to sign notices on behalf of groups of tenants in Collective Enfranchisement claims or on behalf of individual tenants in Lease Extension claims.

Bill 45-EN

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