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Mr William Cash
Mr Geoffrey Clifton-Brown
Andrew Selous
Mr John Taylor
Mr Bill Wiggin
Dr Julian Lewis
79
*Page 18, line 23 [Clause 38], at end insert—
'(3)(a) Payment of any sum allocated to a unit under this section shall be secured on that unit in priority to all other sums secured on it;
| (b) | The Registrar shall note the effect of this subsection on the register relating to each unit.'. |
Mr William Cash
Mr Geoffrey Clifton-Brown
Andrew Selous
Mr John Taylor
Mr Bill Wiggin
Dr Julian Lewis
80
*Page 24, line 6 [Clause 49], at end insert—
'(3A)(a) The landlord may terminate any lease of the whole or part of the commohold land by giving to the tenant three months' notice in writing and on quitting the tenant shall be entitled to be paid compensation by the landlord.
| (b) | The amount of the compensation shall be— |
| (i) | if the Part II of the Landlord and Tenant Act 1954 applied to the lease, the amount which would have been payable under section 37 of that Act had the court been precluded from making an order for the grant of a new tenancy on any of the grounds there specified, |
| (ii) | in any other case, a sum equal to one year's rent at the rate payable when the notice was served.'. |
Mr Michael Wills
33
Page 30, line 5 [Clause 64], leave out from beginning to 'by' in line 7.
Mr Michael Wills
14
Page 30, line 22 [Clause 65], leave out from 'as' to end of line 24 and insert 'land registration rules within the meaning of the Land Registration Act 2002,'.
Mr Michael Wills
15
Page 30, line 26 [Clause 65], leave out 'rules under section 144' and insert 'land registration rules'.
Mr Michael Wills
16
Page 30, line 27 [Clause 65], leave out 'rules under section 144' and insert 'land registration rules'.
Mr Michael Wills
17
Page 30, line 33 [Clause 65], leave out paragraph (b).
Mr Michael Wills
18
Page 31, line 9 [Clause 65], leave out '145 of the Land Registration Act 1925 (c. 21)' and insert '102 of the Land Registration Act 2002'.
Mr Michael Wills
19
Page 31, line 15 [Clause 65], leave out '1925' and insert '2002'.
Mr Michael Wills
20
Page 31, line 30 [Clause 67], leave out '1925' and insert '2002'.
Mr Michael Wills
21
Page 32, line 1 [Clause 67], leave out subsection (6).
Mr Michael Wills
23
Page 98, line 6 [Schedule 5], leave out '(1) and (2)'.
Mr Michael Wills
24
Page 99, line 25 [Schedule 5], leave out 'section 21' and insert 'sections 21 and 22'.
Mr Michael Wills
22
Page 32, line 19 [Clause 69], leave out from '(c.20),' to 'defining' in line 20 and insert 'the Companies Act 1985 or the Land Registration Act 2002'.
Mr William Cash
Mr Geoffrey Clifton-Brown
Andrew Selous
Mr John Taylor
Mr Bill Wiggin
Dr Julian Lewis
82
*Page 33, line 9 [Clause 70], at end insert—
| 'Partial building | Section [ ]'. |
REMAINING NEW CLAUSES
Charges under estate management schemes
Ms Sally Keeble
NC12
To move the following Clause:—
'(1) This section applies where a scheme under—
| (a) | section 19 of the 1967 Act (estate management schemes in connection with enfranchisement under that Act), |
| (b) | Chapter 4 of Part 1 of the 1993 Act (estate management schemes in connection with enfranchisement under the 1967 Act or Chapter 1 of Part 1 of the 1993 Act), or |
| (c) | section 94(6) of the 1993 Act (corresponding schemes in relation to areas occupied under leases from Crown), |
includes provision imposing on persons occupying or interested in property an obligation to make payments ("estate charges").
(2) A variable estate charge is payable only to the extent that the amount of the charge is reasonable; and "variable estate charge" means an estate charge which is neither—
| (a) | specified in the scheme, nor |
| (b) | calculated in accordance with a formula specified in the scheme. |
(3) Any person on whom an obligation to pay an estate charge is imposed by the scheme may apply to a leasehold valuation tribunal for an order varying the scheme in such manner as is specified in the application on the grounds that—
| (a) | any estate charge specified in the scheme is unreasonable, or |
| (b) | any formula specified in the scheme in accordance with which any estate charge is calculated is unreasonable. |
(4) If the grounds on which the application was made are established to the satisfaction of the tribunal, it may make an order varying the scheme in such manner as is specified in the order.
(5) The variation specified in the order may be—
| (a) | the variation specified in the application, or |
| (b) | such other variation as the tribunal thinks fit. |
(6) An application may be made to a leasehold valuation tribunal for a determination whether an estate charge is payable by a person and, if it is, as to—
| (a) | the person by whom it is payable, |
| (b) | the person to whom it is payable, |
| (c) | the amount which is payable, |
| (d) | the date at or by which it is payable, and |
| (e) | the manner in which it is payable. |
(7) Subsection (6) applies whether or not any payment has been made.
(8) The jurisdiction conferred on a leasehold valuation tribunal in respect of any matter by virtue of subsection (6) is in addition to any jurisdiction of a court in respect of the matter.
(9) No application under subsection (6) may be made in respect of a matter which—
| (a) | has been agreed or admitted by the person concerned, |
| (b) | has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which that person is a party, |
| (c) | has been the subject of determination by a court, or |
| (d) | has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement. |
(10) But the person is not to be taken to have agreed or admitted any matter by reason only of having made any payment.
(11) An agreement (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—
| (a) | in a particular manner, or |
| (b) | on particular evidence, |
of any question which may be the subject matter of an application under subsection (6).
(12) In this section—
"post-dispute arbitration agreement", in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen, and"arbitration agreement" and "arbitral tribunal" have the same meanings as in Part 1 of the Arbitration Act 1996 (c.23).'.
Premises including railway track
Ms Sally Keeble
NC13
To move the following Clause:—
'In section 4 of the 1993 Act (premises in the case of which right does not apply) insert at the end—
"(5) This Chapter does not apply to premises falling within section 3(1) if the freehold of the premises includes track of an operational railway; and for the purposes of this subsection—
| (a) | "track" includes any land or other property comprising the permanent way of a railway (whether or not it is also used for other purposes) and includes any bridge, tunnel, culvert, retaining wall or other structure used for the support of, or otherwise in connection with, track, |
| (b) | "operational" means not disused, and |
| (c) | "railway" has the same meaning as in any provision of Part 1 of the Railways Act 1993 (c.43) for the purposes of which that term is stated to have its wider meaning.".'. |
Extension of right to challenge landlord's choice of insurer
Ms Sally Keeble
NC14
To move the following Clause:—
'(1) Paragraph 8 of the Schedule to the 1985 Act (right to challenge landlord's nomination of insurer) is amended as follows.
(2) In sub-paragraphs (1) and (2), after "nominated" insert "or approved".
(3) In sub-paragraph (4), after "nominate" (in both places) insert "or approve".'.
Consultation about service charges
Ms Sally Keeble
NC15
*To move the following Clause:—
'For section 20 of the 1985 Act (limitation of service charges: estimates and consultation) substitute—
"20 Limitation of service charges: consultation requirements
(1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either—
| (a) | complied with in relation to the works or agreement, or |
| (b) | dispensed with in relation to the works or agreement by (or on appeal from) a leasehold valuation tribunal. |
(2) In this section "relevant contribution", in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.
(3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount.
(4) The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement—
| (a) | if relevant costs incurred under the agreement exceed an appropriate amount, or |
| (b) | if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount. |
(5) An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount—
| (a) | an amount prescribed by, or determined in accordance with, the regulations, and |
| (b) | an amount which results in the relevant contribution of any one or more tenants being an amount prescribed by, or determined in accordance with, the regulations. |
(6) Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount.
(7) Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined.
20ZA Consultation requirements: supplementary
(1) Where an application is made to a leasehold valuation tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.
(2) In section 20 and this section—
"qualifying works" means works on a building or any other premises, and"qualifying long term agreement" means (subject to subsection (3)) an agreement entered into, by or on behalf of the landlord or a superior landlord, for a term of more than twelve months.
(3) The Secretary of State may by regulations provide that an agreement is not a qualifying long term agreement—
| (a) | if it is an agreement of a description prescribed by the regulations, or |
| (b) | in any circumstances so prescribed. |
(4) In section 20 and this section "the consultation requirements" means requirements prescribed by regulations made by the Secretary of State.
(5) Regulations under subsection (4) may in particular include provision requiring the landlord—
| (a) | to provide details of proposed works or agreements to tenants or the recognised tenants' association representing them, |
| (b) | to obtain estimates for proposed works or agreements, |
| (c) | to invite tenants or the recognised tenants' association to propose the names of persons from whom the landlord should try to obtain other estimates, |
| (d) | to have regard to observations made by tenants or the recognised tenants' association in relation to proposed works or agreements and estimates, and |
| (e) | to give reasons in prescribed circumstances for carrying out works or entering into agreements. |
(6) Regulations under section 20 or this section—
| (a) | may make provision generally or only in relation to specific cases, and |
| (b) | may make different provision for different purposes. |
(7) Regulations under section 20 or this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.
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