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Leaseholders's Rights Bill


 

Leaseholders’ Rights Bill

 

 
 

Contents

1   

Involvement of tenants in decisions on works

2   

Consultation on proposals by the Secretary of State

3   

Short title and extent

 

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Leaseholders’ Rights Bill

1

 

A

Bill

To

confer rights on leaseholders relating to the management and maintenance of

their properties; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Involvement of tenants in decisions on works

(1)   

The Landlord and Tenant Act 1985 (c. 70) is amended as follows.

(2)   

In section 20ZA (consultation requirements: supplementary), for subsection (5)

substitute—

“(5)   

Regulations under subsection (4) shall include provision—

5

(a)   

requiring the landlord to give reasons in prescribed

circumstances for carrying out works;

(b)   

requiring the landlord to provide details of proposed works,

including estimates of costs, to tenants or the recognised

tenants’ association representing them;

10

(c)   

requiring the landlord to invite residential tenants or the

recognised tenants’ association to propose the names of persons

from whom the landlord should try to obtain other estimates;

(d)   

requiring the landlord to consult those tenants affected by the

proposed works on—

15

(i)   

the specifications for any tenders issued in respect of the

proposed works, and

(ii)   

all tenders received in respect of the proposed works;

(e)   

to enable tenants or the recognised tenants’ association to

submit, within a specified period of time, a counter-proposal in

20

respect of proposed works, specifying alternative provision of

the proposed works;

(f)   

requiring the landlord to—

(i)   

have regard to any observations made by tenants or the

recognised tenants’ association in relation to the

25

proposed works,

 

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Leaseholders’ Rights Bill

2

 

(ii)   

hold a ballot of the tenants directly affected by the

proposed works on any counter-proposal that is

supported by 25 per cent or more of those tenants

directly affected by the proposed works, and

(iii)   

adopt the counter-proposal if it is supported by a

5

majority of tenants directly affected by the proposed

works in the ballot;

(g)   

requiring the landlord to make available for inspection by the

public at reasonable times and for a period of ten years—

(i)   

details of any proposed works and any responses to

10

consultations on such works,

(ii)   

any counter-proposals that are supported by more than

25 per cent of tenants directly affected by the proposed

works, and

(iii)   

any requests to a residential property tribunal service

15

for adjudication and details of the consequent decisions;

(h)   

in cases of dispute, for a leasehold valuation tribunal or other

independent arbitration tribunal to make a determination in

respect of proposed works or agreements upon application by a

landlord, residential tenant or the recognised tenants’

20

association.”

(3)   

In section 19 (limitation of service charges: reasonableness), after subsection (3)

insert—

“(2A)   

If the relevant contribution of any residential tenant in any 12 month

period exceeds £12,000, index-linked arrangements must be made by

25

the landlord for such tenants to pay that contribution in reasonable

instalments.

(2B)   

The sum refered to in subsection (2A) may be amended by the Secretary

of State, by order, to take account of inflation.”

2       

Consultation on proposals by the Secretary of State

30

(1)   

The Housing Act 1985 (c. 68) is amended as follows.

(2)   

In section 105 (consultation on matters of housing management), after

subsection (2)(b) insert—

“(c)   

a proposed measure or policy relating to the matters specified

in paragraphs (a) and (b) about which the Secretary of State has

35

published a consultation document to which the landlord

authority intends to make a written response.”

3       

Short title and extent

(1)   

This Act may be cited as the Leaseholders’ Rights Act 2009.

(2)   

This Act extends to England and Wales.

 
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