| Amendments proposed to the Commonhold and Leasehold Reform Bill [Lords] - continued | House of Commons |
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Dr Brian Iddon 97 Clause 159, page 81, line 28, at end insert—'A right of re-entry or forfeiture under any proviso or stipulation in a lease of a dwelling for a breach of covenant or condition in the lease shall not be enforceable by action or otherwise'.
Dr Brian Iddon 94 Page 82, line 4, leave out Clause 160.
Dr Brian Iddon 95 Page 82, line 29, leave out Clause 161.
Dr Brian Iddon 96 Page 83, line 33, leave out Clause 162.
Mr William Cash 114 *Schedule 12, page 124, line 31, after 'tribunal', insert 'and to any such other party as the leasehold valuation tribunal may direct'.
Mr William Cash 115 *Schedule 12, page 124, line 32, after 'information', insert ', or to supply any documents,'.
Mr William Cash 116 *Schedule 12, page 124, line 32, after 'may', insert ', on the application of a party or of its own initiative,'.
Mr William Cash 117 *Schedule 12, page 124, line 33, after 'tribunal', insert 'and to the other party or parties as the case may be'.
Mr Adrian Sanders 100 Schedule 12, page 124, line 36, leave out subparagraphs (3) and (4).
Mr William Cash 118 *Schedule 12, page 125, line 2, after 'holding of a', insert 'directions hearing and a'.
Mr William Cash 119 *Schedule 12, page 125, line 4, after 'tribunal)', insert 'and for the making of directions at such a hearing or review'.
Mr William Cash 120 *Schedule 12, page 125, line 19, at end insert—'(2) Procedure regulations may include provision empowering leasehold valuation tribunals to dismiss applications or transferred proceedings, in whole or in part, or to exclude the whole or part of any party's case, on the ground that a party has failed to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal.'.
Mr William Cash 121 *Schedule 12, page 125, line 22, after 'hearing', insert 'if all the parties so request.'.
Mr William Cash 122 *Schedule 12, page 125, line 25, after '1977', insert 'if all the parties so request.'.
Mr William Cash 123 *Schedule 12, page 126, line 11, after 'pay', insert 'the whole or part of'.
Mr William Cash 124 *Schedule 12, page 126, line 19, at end insert ', or—
Mr William Cash 125 *Schedule 12, page 126, leave out lines 20 to 23 and insert 'In determining the amount of costs that a party is to pay to another party under this paragraph, the leasehold valuation tribunal shall have regard to the financial resources of the party who is to pay the costs.'.
Mr William Cash 126 *Schedule 12, page 126, line 27, after 'paragraph', insert 'or in accordance with section 86 of this Act.'.
Mr William Cash 113 *Clause 166, page 86, line 7, at end insert—'( ) But every appeal will be limited to a review of the decision of the leasehold valuation tribunal unless the Lands Tribunal considers that in the case of an individual appeal it would be in the interests of justice to hold a rehearing. ( ) And the Lands Tribunal will not receive oral evidence or evidence which was not before the leasehold valuation tribunal unless it considers that it would be in the interests of justice to do so.'.
NEW CLAUSES RELATING TO PART 2Landlord's share of marriage value
Mr Adrian Sanders NC1 To move the following Clause:—'Paragraphs 4, 4Aa and 4B of Schedule 13 to the 1993 Act (landlord's share of marriage value) are hereby repealed'.'
Exclusion of buildings qualifying for enfranchisement under the 1993 Act
Mr William Cash NC9 To move the following Clause:—'( ) The 1967 Act shall not apply to any building which meets, or may at sometime be reasonably expected to meet the qualifying tests in Part 1, Chapter 1 of the 1993 Act.'.
Price payable by nominee purchaser
Mr William Cash NC10 To move the following Clause:—'In Paragraph 2(1) of Schedule 6 to the 1993 Act, at the end insert—
Premium payable by tenant
Mr William Cash NC11 To move the following Clause:—'In paragraph 2 of Schedule 13 to the 1993 Act, at the end insert—
Abolition of forfeiture
Dr Brian Iddon NC12 To move the following Clause:—'A right of re-entry or forefeiture under any proviso or stipulation in a lease of a dwelling for a breach of covenant or condition in the lease shall not be enforceable by action or otherwise'.
Low rent test: extension of rights
Shona McIsaac NC13 To move the following Clause:—.'. In Schedule 9 to the Housing Act 1996 (low rent test: extension of rights), after subsection (3)(c) of paragraph 1 (1AA) insert ", and
Tenants of houses on long lease to have first right of refusal on disposal
Shona McIsaac NC14 To move the following Clause:—'.—(1) Section 1 of the Landlord and Tenant Act 1987 is amended as follows— (2) In subsection (2), before paragraph (a) insert—
Insurance provision under a lease
Mr Adrian Sanders NC15 To move the following Clause:—'(1) Any provision in a lease of a dwellinghouse to which this Act applies, whensoever created, requiring a tenant to insure with a nominated company and through the agency of a lessor (or both) or any other person, firm or company shall be void. (2) Such provision shall continue to be in force so far as it relates to the insurance of a dwellinghouse against the usual household risks for the full reinstatement value and index-linked with any reputable insurance company. (3) Where there is included in a lease of a dwellinghouse (other than a flat) to which this Act applies whensoever cleared a covenant by the Lessor to insure with right of recovery from the Lessee by way of additional rent or otherwise of the cost then the Lessee shall be entitled to give notice in a form prescribed and in accordance with regulations made by the Secretary of State whereupon the lease shall from the date specified in such notice be read and construed as if there were a covenant by the Lessee to insure in accordance with the terms of the covenant henceforth to be performed by the Lessee who shall produce on reasonable notice to the Lessor or his agent the policy of insurance and the receipt for the current premium paid, the covenant to insure by the Lessor no longer being of effect.'.
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