Commonhold and Leasehold Reform Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 24th July 2001, as follows—
Clauses 1 and 2
Schedule 1
Clauses 3 and 4
Schedule 2
Clauses 5 to 33
Schedule 3
Clauses 34 to 57
Schedule 4
Clauses 58 to 66
Schedule 5
Clauses 67 to 70
Schedule 6
Clauses 71 to 100
Schedule 7
Clauses 101 to 121 | Schedule 8
Clauses 122 to 146
Schedule 9
Clauses 147 to 152
Schedule 10
Clause 153
Schedule 11
Clauses 154 to 164
Schedule 12
Clauses 165 and 166
Schedule 13
Clauses 167 to 170
Schedule 14
Clauses 171 to 173 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 1 | Page 2, line 18, at beginning insert "Subject to subsection (1A)," |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 2 | Page 2, line 19, leave out "anyone who" and insert "at least 80 per cent. of the following classes of person" |
| 3 | Page 2, line 20, at beginning insert "anyone who" |
| 4 | Page 2, line 21, at beginning insert "anyone who" |
| 5 | Page 2, line 23, at beginning insert "anyone who" |
| 6 | Page 2, line 24, at beginning insert "anyone who" |
| 7 | Page 2, line 24, at end insert ", or |
| (e) | satisfies the court that he has an interest in the whole or part of the land such that his consent to an application under section 2 should be required provided that if the estates, charges, rights, interests and claims of all persons mentioned in this section who do not consent to such application relate in the aggregate to 20 per cent. or less of the total surface area of such land, their consent shall not be required." |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 8 | 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 charges 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 WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 9 | Page 2, line 24, at end insert— |
| "( ) | In cases where at least 80 per cent. of the classes of persons mentioned under section 3(1) consent to the registration of the freehold estate in land as a freehold estate in commonhold land, the opposition or non-vote shall be overturned by tribunal decision." |
| 10 | Page 2, line 36, at end insert— |
| "(g) | prescribing what notice of an application under section 2 shall be given to persons in occupation of the land in question, or shall be left on that land; |
| (h) | prescribing how for the purposes of this Part the surface area is to be ascertained." |
| 11 | Insert the following new Clause— |
| (1) | Commonhold land may consist of, or include, a building, or part of a building, which is above or below other land. |
| (2) | Where subsection (1) applies, a positive covenant relating to the commonhold or the other land entered into between the commonhold association and the registered proprietor of an estate in the whole or part of the other land shall be enforceable by and against their successors in title if the covenant so provides." |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 12 | 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." |
| 13 | Page 88, line 6, leave out paragraph 1 |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 14 | Page 4, line 31, after "Part" insert ""the first" |
| 15 | 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." |
| 16 | Page 4, line 34, leave out first "a" and insert "both" |
| 17 | Page 4, line 34, leave out "period" and insert "periods" |
| 18 | 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." |
| 19 | Page 5, line 45, at end insert— |
| "(3) | A lease shall not be extinguished by virtue of section 7(3)(d) or 9(3)(f) unless either— |
| (a) | the lessee first consents in writing, or |
| (b) | fair compensation is paid to the lessee for such extinguishment. |
| (4) | The county court shall have jurisdiction to determine any matter arising under subsection (3), whatever the amount of the compensation involved." |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 20 | Page 6, line 12, leave out "may" and insert "must" |
| 21 | Page 6, line 13, at end insert "and must have regard to section 24(2)" |
| 22 | Page 6, line 14, leave out "may" and insert "must" |
| 23 | Page 6, line 15, leave out "may" and insert "must" |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 24 | Page 7, line 22, at end insert— |
| "(4) | Notwithstanding these duties the commonhold association shall always be responsible for the structure of the building, including repairs and insurance of the structure on a full reinstatement basis." |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 25 | Page 7, line 37, at end insert— |
| "(5) | Outstanding debts and arrears due to the commonhold association must be paid upon transfer of the unit." |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 26 | Page 8, line 18, leave out subsections (1) and (2) and insert— |
| "( ) | No term of years absolute may be created in a residential commonhold unit— |
| (a) | for a term exceeding 7 years; |
| (b) | in consideration of the payment of a premium or other lump sum; |
| (c) | which does not comply with such other considerations as may be prescribed." |
| | The Lord Kingsland gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill. |
| 27 | Page 9, line 34, leave out subsections (3) to (6) |
| 28 | Page 10, line 5, leave out subsections (1) and (2) and insert— |
| "(1) | An instrument or agreement which creates an interest or charge in or over— |
| (a) | part only of a commonhold unit, or |
| (b) | part only if an interest in a commonhold unit, |
| | shall have effect subject to any provision of the commonhold community statement." |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 29 | 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" |
| 30 | 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 WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 31 | Page 11, line 38, at end insert "and structure of the building" |
| 32 | Page 11, line 40, at end insert "and structure of the building" |
| 33 | Page 12, line 23, at end insert— |
| "(6) | A charge shall not be extinguished under subsection (3) or (4) unless either— |
| (a) | the chargee first consents in writing, |
| (b) | fair compensation is paid to the chargee for such extinguishment, or |
| (c) | adequate substituted security is provided for the chargee by way of a charge, or charges, on one or more of the commonhold units in the commonhold. |
| (7) | The county court shall have jurisdiction to determine any matter arising under subsection (6) whatever the amount or value of the compensation or security involved." |
| 34 | Page 12, line 29, leave out paragraph (b) and insert— |
| "(b) | by a majority of not less than 80 per cent. of the members of the commonhold association." |
| 35 | Page 13, line 15, leave out "prescribed" |
| 36 | Page 13, line 15, at end insert "prescribed in Schedule "Commonhold Community Statement"" |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 37 | Page 13, line 39, at end insert— |
| "( ) | Provision in a commonhold community statement imposing a duty on a unit-holder to pay money (whether in pursuance of subsection (5)(a) or any other provisions made by or by virtue of this Part) may include provision authorising a commonhold association to sell a commonhold unit in the event of default by the unit-holder in paying the money and to deduct the money from the proceeds of sale in priority to the rights of the unit-holder or any other person entitled to the proceeds of the sale." |
| 38 | Page 14, line 3, leave out "not" |
| 39 | Page 14, line 12, at end insert— |
| "(10) | A commonhold community statement shall specify, in relation to each commonhold unit specified in it, the vote or votes attributed to the unit-holder of that commonhold unit ("the unit voting rights") expressed both— |
| (b) | as a percentage of the total of all the unit voting rights, accurate to three decimal places, and so that the said total adds up to 100 per cent. |
| (11) | A commonhold community statement may make provision for variation of the unit voting rights, but so that the requirements of the last foregoing subsection as to how the unit voting rights are expressed shall always be complied with. |
| (12) | The provisions of the commonhold community statement and the memorandum and articles of association of the commonhold association shall always be consistent with each other. |
| (13) | References in this Part to a percentage of the members of a commonhold association shall unless the context otherwise requires be construed as meaning a percentage of the total (namely 100 per cent.) of the unit voting rights of all the unit-holders of commonhold units within the commonhold." |
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