Session 2013-14
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Water Bill
to be moved
in committee
[Supplementary to the Second Marshalled List]
After Clause 68
LORD SHIPLEY
BARONESS PARMINTER
Insert the following new Clause—
(1) In this section—
“landlord” means—
(a) where the relevant premises are occupied under a lease, the
person for the time being entitled to the reversion expectant
on that lease or who, apart from any statutory tenancy,
would be entitled to possession of the premises; and
(b) where the relevant premises are occupied under a licence,
the licensor, save that where the licensor is himself a tenant
in respect of those premises, it means the person referred to
in paragraph (a).
“lease” means—
(a) a lease for a term of less than 7 years; and
(b) a tenancy for a periodic term; and
(c) any statutory tenancy arising out of a lease or tenancy
referred to in sub-paragraphs (a) or (b),
and in determining whether a lease is one which falls within paragraph (a) above—
(a) any part of the term which falls before the grant shall be left
out of account and the lease shall be treated as a lease for a
term commencing with the grant;
(b) a lease which is determinable at the option of the lessor
before the expiration of 7 years from the commencement of
the term shall be treated as a lease for a term of less than 7
years;
(c) a lease (other than a lease to which paragraph (b) above
applies) shall not be treated as a lease for a term of less than
7 years if it confers on the lessee an option for renewal for a
term which, together with the original term, amounts to 7
years or more; and
(d) a “lease” does not include a mortgage term.
“relevant premises” means premises or any part of premises occupied,
whether exclusively or not, for residential purposes (such
occupation being in consideration of money or money’s worth)
under—
(a) a lease; or
(b) a licence.
“statutory tenancy” means a statutory tenancy within the meaning of
section 6 of the Rent Act 1977 (dwelling-houses let with other land)
and section 7 of the Rent (Agriculture) Act 1976 (discretion of court
giving possession).
“tenant” means a person who occupies relevant premises being—
(a) where the relevant premises are so occupied under a lease,
the person for the time being entitled to the term of that
lease; and
(b) where the relevant premises are so occupied under a
licence, the licensee.
(2) Every landlord shall ensure that they hold suitable buildings insurance
against damage from flood for the relevant premises.
(3) A landlord shall notify a tenant if the relevant premises appear on the
register maintained under section 61.
(4) A record of the insurance held under subsection (2), or a copy thereof, shall
be made available upon request and upon reasonable notice for the
inspection of any person in lawful occupation of the relevant premises.”
After Clause 75
BARONESS HUMPHREYS
BARONESS PARMINTER
Insert the following new Clause—
In section 101A of the Water Industry Act 1991, in subsection (2)(a) leave
out “on which there are buildings” and insert “with permanent use and
generating domestic effluent”.”