Amendments proposed to the Commonhold and Leasehold Reform Bill [lords] - continued | House of Commons |
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Mr William Cash 51 Clause 40, page 19, leave out line 30 and insert
Mr Adrian Sanders 6 Clause 42, page 21, line 9, at end insert 'in person, by secret ballot'.
Mr Michael Wills 18 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 21 Schedule 5, page 96, leave out lines 27 to 32.
Mr Michael Wills 19 Clause 68, page 32, line 23, at end insert'Residential commonhold unit Section 17'.
NEW CLAUSES RELATING TO PART 1Part-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
(4) Subsection (5) applies where
(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
(9) Where the freehold interest in part only of a commonhold unit is transferred, the part transferred
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
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 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
(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 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 67 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 52 Clause 70, page 33, line 21, at end insert ', and
Mr William Cash 53 Clause 70, page 33, line 21, at end insert
Mr William Cash 68 Schedule 6, page 96, line 35, leave out paragraph 1.
Mr William Cash 48 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
Mr Adrian Sanders 7 Clause 72, page 34, line 20, leave out from 'premises' to end of line 23.
Mr William Cash 54 Clause 72, page 34, line 23, at end insert ', and
Mr Adrian Sanders 8 Clause 72, page 34, line 24, at end insert 'provided that those landlords reside on the premises'.
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