Commonhold and Leasehold Reform Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| Page 2, line 18, at beginning insert "Subject to subsection (1A)," |
| Page 2, line 24, at end insert— |
| "(1A) | Subsection (1) shall apply if— |
| (a) | the persons who have not consented to the application (in this Part referred to as "non-consenting proprietors") are registered proprietors solely of leasehold estates in flats forming part of a self-contained building which is the subject of the application or of changes over such estates, and |
| (b) | the number of flats to which paragraph (a) applies is not more than 20 per cent of the number of flats in the building. |
| (1B) | Schedule "Non-consenting proprietors" shall have effect where a freehold estate in land is registered as a freehold estate in land and is registered as a freehold estate in commonhold land in pursuance of an application under section 2 and that application could not have been made but for subsection (1A)." |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| Insert the following new Schedule— |
| | NON-CONSENTING PROPRIETORS |
| | "excluded flat" means a flat in which a non-consenting proprietor is the registered proprietor of a leasehold estate or of a change over such an estate; |
| | "excluded lease" means a leasehold estate of which a non-consenting proprietor is the registered proprietor or over which a non-consenting proprietor has a registered charge. |
| | 2. Section 9 shall apply in relation to the freehold estate in the land, but notwithstanding anything in that section— |
| (a) | the commonhold association shall be entitled to be registered as the proprietor of the freehold estate in an excluded flat and, |
| (b) | an excluded lease shall not be extinguished. |
| | 3. The lease under an excluded lease may (with the consent of the registered proprietor of any charge over the lease and of any registered proprietor of another excluded lease of the same flat or of a charge over such a lease) at any time exchange the lease for the freehold estate in the flat. |
| | 4. On an exchange under paragraph 3— |
| (a) | the excluded flat shall become a commonhold unit, |
| (b) | the former lessee shall be entitled to be registered as the proprietor of the freehold estate in the unit and to become a member of the commonhold association, and |
| (c) | any inferior lease of the excluded flat shall be extinguished and section 10(2) shall have effect. |
| | 5. Regulations may provide for the computation of the price and other terms on which the lessee may exercise his rights under paragraph 3. |
| | 6. The lessee under an excluded lease shall not be entitled to exercise the rights conferred by Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), but this paragraph shall be disregarded in calculating any price to be paid for exercise of rights under paragraph 3. |
| | 7. On the expiring of an excluded lease which has not been exchanged for a freehold estate under paragraph 3 (unless there is another excluded lease of all or part of the same flat) the commonhold association shall sell the excluded flat as a commonhold unit and retain the proceeds of sale for its own benefit. |
| | 8. Regulations (which may provide for the modification of Part I in relation to commonhold land which includes the reversion to an excluded lease) may make consequential provision for giving effect to this Schedule." |
|
