S.C.D.
Amendment Paper as at
Thursday 17th January 2002
STANDING COMMITTEE D
New Amendments handed in are marked thus *
COMMONHOLD AND LEASEHOLD REFORM BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee (14th January).
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
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
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
52
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
53
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
68
Schedule 6, page 96, line 35, leave out paragraph 1.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
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)(A) 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
7
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
54
Clause 72, page 34, line 23, at end insert ', and
| (c) | the holder of the freehold of the premises' |
Mr Adrian Sanders
Sue Doughty
8
Clause 72, page 34, line 23, at end insert 'provided that those landlords reside on the premises'.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
55
Clause 72, page 34, line 26, at end insert—
| '(2A) | Such regulations shall provide for the holder of the freehold of the premises to be able to appoint at least one director of the RTM company.'. |
Mr Adrian Sanders
Sue Doughty
9
Clause 73, page 35, line 17, at end insert—
'(8) Where the tenancy of a flat under a long lease is assigned, the assignee shall become the qualifying tenant for the purposes of this section.'.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
72
Clause 76, page 37, line 15, at end insert—
'(3A) Regulations shall prescribe that a notice to participate shall include, or be accompanied by, a prescribed statement setting out the principal responsibilities and obligations which the company will assume as the manager of the premises and setting out in particular the relevant provisions of the service charge residential management code made by the Royal Institute of Chartered Surveyors or such other code as may be approved by the Secretary of State under the terms of section 87 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).'.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
56
Clause 78, page 38, line 37, at end insert—
| '( ) | It must include an offer of cover to provide for the RTM company directors' and officers' liability insurance, fidelity guarantee and professional indemnity insurance.'. |
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
57
Clause 78, page 38, line 41, leave out 'one month' and insert 'six months'.
Ms Sally Keeble
77
Clause 78, page 38, line 41, leave out 'one month' and insert 'three months'.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
58
Clause 78, page 38, line 43, at end insert ', or must state that the RTM company intends to apply to the leasehold valuation tribunal for it to acquire the right to manage at an earlier date'
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
59
Clause 78, page 39, line 5, at end insert—
| '(10) | Regulations may provide for the procedure for an RTM company to apply to a leasehold valuation tribunal for the acquisition of the right to manage earlier than six months after the relevant date.'. |
Ms Sally Keeble
78
Clause 88, page 44, line 22, leave out 'one month' and insert 'three months'.
Ms Sally Keeble
79
Clause 88, page 44, line 25, leave out 'one month' and insert 'three months'.
Mr Adrian Sanders
Sue Doughty
10
Page 44, line 32, leave out Clause 89.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
60
Clause 90, page 46, line 35, at end add—
'(8) Unless the contractor party and the RTM company otherwise agree in writing within a period of 28 days after service of a contract notice, the management contract shall continue in full force and effect from the acquisition date as if it had been made between the contractor party and the RTM company and not with the manager party, save that the RTM company shall have no liability under it for breaches on the part of the manager party occurring prior to the acquisition date.'.
Mr Adrian Sanders
Sue Doughty
11
Page 45, line 26, leave out Clause 90.
Ms Sally Keeble
80
Clause 91, page 47, line 9, leave out from first 'date' to end of line 10.
Ms Sally Keeble
81
Clause 92, page 47, line 34, leave out from beginning to 'must' in line 37 and insert 'The duty imposed by this section'.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
73
Clause 96, page 49, line 18, at end insert—
'( ) The RTM Company must not grant an approval in relation to the making of alterations, improvements or change use which will diminish the reversionary value of the landlord's interests.'.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
71
Clause 96, page 49, line 22, leave out 'the making of structural alterations or improvements or alterations of use.'.
Ms Sally Keeble
82
Clause 96, page 49, line 37, at end insert '; and an approval required to be obtained by virtue of a restriction entered on the register of title kept by the Chief Land Registrar is, so far as relating to a long lease of the whole or any part of any premises, to be treated for the purposes of this Chapter as an approval under the lease.'.
Mr Adrian Sanders
Sue Doughty
12
Clause 103, page 52, line 36, after 'passed', insert 'by not fewer than 51 per cent. of the members of the company, voting in person by secret ballot.'.
Ms Sally Keeble
83
Clause 109, page 55, line 6, at end insert 'or'.
Ms Sally Keeble
84
Clause 109, page 55, line 10, leave out from 'rent' to end of line 12.
Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous
26
Page 58, line 8, leave out Clause 113.
