Commonhold and Leasehold Reform Bill [HL]
AMENDMENTS
TO BE MOVED
ON REPORT
| Page 32, line 27, leave out from first "company" to end of line and insert "which, in accordance with this Chapter, may acquire and exercise those rights (referred to in this Chapter as a RTM company)" |
| Page 33, line 26, leave out "for the purposes of this Chapter" |
| Page 37, line 16, at end insert— |
| "( ) | A notice of invitation to participate is not invalidated by any inaccuracy in any of the particulars required by or by virtue of this section." |
| Transpose Clause 77 to after Clause 80 |
| Page 37, line 22, leave out "in connection with the making of a claim" and insert "for ascertaining the particulars required by or by virtue of section 79 to be included in a claim notice for claiming" |
| Page 40, line 30, leave out from "given" to "in" in line 32 and insert "agrees, or the persons by whom the counter-notices were given agree," |
| Page 42, line 21, at end insert— |
| "( ) | Subsection (1) does not apply if the person by whom the counter-notice was given has, or the persons by whom the counter-notices were given have, (before the time when the withdrawal would be taken to occur) agreed in writing that the RTM company was on the relevant date entitled to acquire the right to manage the premises." |
| Page 46, line 10, after "company," insert "the company may give notice to" |
| Page 46, line 16, leave out "must" and insert "requiring him to" |
| Page 46, line 17, leave out "him to provide" |
| Page 46, line 20, leave out "RTM company" and insert "notice" |
| Page 46, line 28, leave out "person may not be required" and insert "notice may not require a person" |
| Page 46, line 31, after "required" insert "by a notice" |
| Page 46, leave out line 33 and insert "notice is given" |
| Page 48, line 43, after "of" insert "structural alterations or" |
| Page 52, line 29, leave out "is" |
| Page 52, line 30, at end insert ", begins so to act or an order under that Part of that Act that the right to manage the premises is to cease to be exercisable by the RTM company takes effect." |
| Page 57, line 5, column 2, leave out "Section" and insert "Sections 69(1) and" |
| Page 61, line 40, at end insert— |
| "(6) | A notice of invitation to participate shall not be invalidated by any inaccuracy in any of the particulars required by or by virtue of this section." |
| Page 63, line 2, after "only" insert "or" |
| Page 63, line 19, leave out "six months" and insert "one year" |
| Insert the following new Clause— |
| | "Exclusion of certain business tenancies |
| (1) | After subsection (1ZA) of section 1 of the 1967 Act (inserted by section 135(2)) insert— |
| "(1ZB) | The references in subsection (1)(a) and (b) to a long tenancy do not include a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies unless— |
| (a) | it is granted for a term of years certain exceeding thirty-five years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise, |
| (b) | it is for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, unless it is a tenancy by sub-demise from one which is not a tenancy which falls within any of the paragraphs in this subsection, |
| (c) | it is a tenancy taking effect under section 149(6) of the Law of Property Act 1925 (c. 20) (leases terminable after a death or marriage), or |
| (d) | it is a tenancy which— |
| (i) | is or has been granted for a term of years certain not exceeding thirty-five years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and |
| (ii) | is or has been once or more renewed so as to bring to more than thirty-five years the total of the terms granted (including any interval between the end of a tenancy and the grant of a renewal). |
| (1ZC) | Where this Part of this Act applies as if there were a single tenancy of property comprised in two or more separate tenancies, then, if each of the separate tenancies falls within any of the paragraphs of subsection (1ZB) above, that subsection shall apply as if the single tenancy did so." |
| (2) | Subsection (1) does not apply in relation to any tenancy granted before it comes into force." |
| Page 66, line 13, leave out "six months" and insert "one year" |
| | THE BARONESS GARDNER OF PARKES |
| Page 84, line 36, at end insert— |
| "( ) | In any proceedings in the Lands Tribunal on appeal from a leasehold valuation tribunal, the fees payable and costs awarded shall not exceed such fees and costs as may be specified for a leasehold valuation tribunal under paragraphs 9 and 10 of Schedule 12 to this Act." |
| Page 100, line 12, at end insert— |
| "( ) | The power in section 24 to make an order appointing a manager to carry out functions includes a power (in the circumstances specified in subsection (2) of that section) to make an order that the right to manage the premises is to cease to be exercisable by the RTM company; and such an order may include provision with respect to incidental and ancillary matters (including, in particular, provision about contracts to which the RTM company is a party and the prosecution of claims in respect of causes of action, whether tortious or contractual, accruing before or after the right to manage ceases to be exercisable)." |
| Page 100, line 21, after "42B" insert "of the 1987 Act" |
| Page 101, line 23, leave out "registered" and insert "recognised" |
| Page 102, line 20, leave out "RTE company" and insert "company (referred to in this Chapter as a RTE company)" |
| Page 108, line 24, leave out "section" and insert "sections 1(1) and" |
|
