Vote Bundle Text (920115-02)

Amendments proposed to the Commonhold and Leasehold Reform Bill [lords] - continued	House of Commons

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Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Clause 40, page 19, leave out line 30 and insert—

'(b)	by a majority of 75 per cent. of the members of the commonhold community association who cast a vote on resolution.'

Mr Adrian Sanders
Sue Doughty

Clause 42, page 21, line 9, at end insert 'in person, by secret ballot'.

Mr Michael Wills

Clause 59, page 28, line 19, leave out subsection (3) and insert—

'(3) The requirement of consent under section [Part-unit:interests](2)(c) shall not apply to transfer to a compulsory purchaser.'.

Mr Michael Wills

Schedule 5, page 96, leave out lines 27 to 32.

Mr Michael Wills

Clause 68, page 32, line 23, at end insert—

'Residential commonhold unit Section 17'.

NEW CLAUSES RELATING TO PART 1

Part-unit: interests

Mr Michael Wills

NC2

To move the following Clause:—

(1) 'It shall not be possible to create an interest in part only of a commonhold unit.

(2) But subsection (1) shall not prevent—

(a)	the creation of a term of years absolute in part only of a residential commonhold unit where the term satisfies prescribed conditions,

(b)	the creation of a term of years absolute in part only of a non-residential commonhold unit, or

(c)	the transfer of the freehold estate in part only of a commonhold unit where the commonhold association consents in writing to the transfer.

(3) An instrument or agreement shall be of no effect to the extent that it purports to create an interest in contravention of subsection (1).

(4) Subsection (5) applies where—

(a)	land becomes commonhold land or is added to a commonhold unit, and

(b)	immediately before that event there is an interest in the land which could not be created after that event by reason of subsection (1).

(5) The interest shall be extinguished by virtue of this subsection to the extent that it could not be created by reason of subsection (1).

(6) Section 17(2) and (4) shall apply (with any necessary modifications) in relation to subsection (2)(a) and (b) above.

(7) Where part only of a unit is held under a lease, regulations may modify the application of a provision which—

(a)	is made by or by virtue of this Part, and

(b)	applies to a unit-holder or a tenant or both.

(8) Section 20(4) shall apply in relation to subsection (2)(c) above.

(9) Where the freehold interest in part only of a commonhold unit is transferred, the part transferred—

(a)	becomes a new commonhold unit by virtue of this subsection, or

(b)	in a case where the request for consent under subsection (2)(c) states that this paragraph is to apply, becomes part of a commonhold unit specified in the request.

(10) Regulations may make provision, or may require a commonhold(4)community statement to make provision, about—

(a)	registration of units created by virtue of subsection (9);

(b)	the adaptation of provision made by or by virtue of this Part or by or by virtue of a commonhold community statement to a case where units are created or modified by virtue of subsection (9).'.

Part-unit: charging

Mr Michael Wills

NC3

To move the following Clause:—

(1) 'It shall not be possible to create a charge over part only of an interest in a commonhold unit.

(2) An instrument or agreement shall be of no effect to the extent that it purports to create a charge in contravention of subsection (1).

(3) Subsection (4) applies where—

(a)	land becomes commonhold land or is added to a commonhold unit, and

(b)	immediately before that event there is a charge over the land which could not be created after that event by reason of subsection (1).

The charge shall be extinguished by virtue of this subsection to the extent that it could not be created by reason of subsection (1).'.

Advice

Mr Michael Wills

NC4

To move the following Clause:—

(1) 'The Lord Chancellor may give financial assistance to a person in relation to the provision by that person of general advice about an aspect of the law of commonhold land, so far as relating to residential matters.

(2) Financial assistance under this section may be given in such form and on such terms as the Lord Chancellor thinks appropriate.

(3) The terms may, in particular, require repayment in specified circumstances.'.

Conversion of existing buildings

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

NC5

To move the following 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 leasholders 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 per cent. of the long leaseholders consent to convert to commonhold.

(3) Where more than 10 per cent. of leaseholders object to this conversion, they may apply to a tribunal court indicating the grounds for their objections; and the tribunal may then confirm or prevent the conversion having regard to the circumstances'.

Flying commonhold

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

NC6

To move the following 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 if the covenant so provides.'

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Clause 69, page 33, line 12, at end add—

'(3) But this Chapter does not apply to any part of a building which is not occupied, nor intended to be occupied, for residential use'.

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Clause 70, page 33, line 21, at end insert ', and

(d)	no part of the premises are let on a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies, provided always that planning consent has been granted for such business use or that deemed planning consent for such use exists.'

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Clause 70, page 33, line 21, at end insert—

'( )	But this Chapter does not apply to any part of a building which is not occupied, nor intended to be occupied, for residential use.'

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Schedule 6, page 96, line 35, leave out paragraph 1.

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Clause 71, page 34, line 7, at end insert—

'(2A) The sum to which each member of an RTM company undertakes to contribute to the company's assets if it should be wound up whilst he is a member, or within one year after he ceases to be a member, for payment of the company's debts and liabilities contracted before he ceased to be a member, and of the costs, charges and expenses of winding up and for the adjustment of the rights of the contributories among themselves shall be the minimum sum, as defined in subsection (2B) below.

(2B) The minimum sum mentioned in subsection (2)(c) above shall be the following amount, namely the greater of—

(a)	the total service charge and rent payable by tenants in respect of the premises in the two years prior to the acquisition date, or

(b)	twice the average service charge and rent payable in respect of the premises in the five years prior to the acquisition date,

in each case divided by the number of members of the RTM company.'.

Mr Adrian Sanders
Sue Doughty

Clause 72, page 34, line 20, leave out from 'premises' to end of line 23.

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

Clause 72, page 34, line 23, at end insert ', and

(c)	the holder of the freehold of the premises'

Mr Adrian Sanders
Sue Doughty

Clause 72, page 34, line 24, at end insert 'provided that those landlords reside on the premises'.