Commonhold and Leasehold Reform Bill [HL]
AMENDMENTS
TO BE MOVED
ON REPORT
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| Insert the following new Clause— |
| | "Conversion of existing buildings |
| (1) | Notwithstanding the provisions of sections 2 and 3, in order to facilitate the creation of commonhold from an existing freehold building, the following provisions shall apply— |
| (a) | existing long leases may continue and comprise part of a commonhold; |
| (b) | where leaseholders do not wish to become unit-owners and have signified this accordingly, existing long leases will continue and the commonhold association shall be regarded as the unit-holder, with the obligation to the leaseholder as the freeholder of the unit; |
| (c) | existing rights applicable to long leases shall continue to be maintained; and |
| (d) | existing rights applicable to mortgages shall be maintained. |
| (2) | Conversion may take place where no less than 50 per cent. of the long leaseholders consent to convert to commonhold. |
| (3) | Where more than 10 per cent. of leaseholders object to this conversion, they may apply to a tribunal court indicating the grounds for their objections; and the tribunal may then confirm or prevent the conversion having regard to the circumstances." |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| Page 4, line 31, after "Part" insert "", the first" |
| Page 4, line 33, at end insert— |
| "( ) | "Second transitional period" means the period between the event mentioned in section 7(3) and the date upon which all units in the building have been sold." |
| Page 4, line 34, leave out first "a" and insert "both" |
| Page 4, line 34, leave out "period" and insert "periods" |
| Page 4, line 41, at end insert— |
| "( ) | Regulations shall provide that during the second transitional period, where units are still under construction or waiting sale, special provisions shall apply to ensure maintenance, repair, services and insurance are maintained by the commonhold association and contributions from unit-holders and the developer are on an equitable basis." |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| Page 6, line 12, leave out "may" and insert "must" |
| Page 6, line 13, at end insert ", and must have regard to section 24(2)" |
| Page 6, line 14, leave out "may" and insert "must" |
| Page 6, line 15, leave out "may" and insert "must" |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| Page 11, line 24, leave out from "means" to end of line 26 and insert "all structural parts of the commonhold and those areas used in common" |
| Page 11, line 26, at end insert— |
| "( ) | The structure will include— |
| (a) | main walls (but not the internal plaster surfaces thereof), |
| (b) | floors (but not the timber or other surfaces thereof or plaster or other surfaces to any ceiling below), |
| (d) | roads, paths and pavements, and |
| (e) | such other areas not forming part of the commonhold unit." |
| | THE LORD CHANCELLOR
[In substitution for the amendment to After Clause 136 printed on sheet HL Bill 1-R(b)] |
| Insert the following new Clause— |
| | "Exclusion of certain business tenancies |
| | 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."" |
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