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back to previous amendments
| 159 | Page 63, line 11, after "flat" insert "and who has occupied the flat as his only or principal home for three years before his death, or for periods amounting to three years in the ten years before his death" |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 159A* | Page 63, line 19, leave out "six" and insert "twelve" |
| 160 | Page 63, line 35, leave out from "lease)," to end of line 36 and insert "in paragraph 1, for the definition of "the valuation date" substitute— |
| | ""the valuation date" means the date of service of the reversioner's counter-notice." |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 161 | Insert the following new Clause— |
| | "Abolition of marriage value |
| | In Schedule 13 to the 1993 Act, omit— |
| (b) | paragraphs 4 to 4B; and |
| 162 | Insert the following new Clause— |
| | "Premium payable by tenant |
| | In paragraph 2 of Schedule 13 to the 1993 Act, at the end insert— |
| "(d) | a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction."" |
| | THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 132 stand part of the Bill. |
| 163 | Page 64, line 7, leave out "eighty" and insert "ninety" |
| | THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND
THE LORD WILLIAMS OF ELVEL |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 133 stand part of the Bill. |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 165 | Insert the following new Clause— |
| | "Abolition of marriage value |
| (1) | Section 9 of the 1967 Act (purchase price and costs of enfranchisement, and tenant's right to withdraw) is amended as follows. |
| (2) | In subsection (1A) after "willing seller" insert "with the tenant and members of his family (as defined in section 7(7) of this Act) who reside in the house not buying or seeking to buy". |
| (3) | In subsection (1C), omit the words after "in accordance with subsection (1A) above"." |
| 166 | Insert the following new Clause— |
| | In section 1AA of the 1967 Act (additional right to enfranchisement where tenancy of house not at low rent), omit— |
| (a) | in subsection (1), the words "and is not an excluded tenancy"; |
| 167 | Page 64, line 16, leave out subsection (1) |
| 167A | Page 64, line 16, leave out subsection (1) and insert— |
| "( ) | In section 1(1) of the 1967 Act (tenants of houses entitled to enfranchisement or extension) for "his residence," substitute "a residence,"." |
| 168 | Page 64, line 25, leave out subsections (3) to (6) |
| 168A | Page 64, line 26, leave out from "for" to end of line 28 and insert ""his residence" substitute "a residence"." |
| 168B | Page 64, line 32, leave out from "for" to end of line 35 and insert ""his residence" substitute "a residence"." |
| | The Lord Kingsland gives notice of his intention to oppose the Question that Clause 135 stand part of the Bill. |
| 168C | Page 65, line 2, leave out subsection (1) and insert— |
| "(1) | In subsection (1)(b) of section 1 of the 1967 Act (requirement that person claiming entitlement to enfranchisement or extension has been tenant of house and occupying it as his residence for last three years or for periods amounting to three years in last ten)— |
| (a) | after "at a low rent" insert "for the last two years", and |
| (b) | for "three years" substitute "twelve months"." |
| 168D | Page 65, line 15, at end insert— |
| "( ) | In subsection (2) of that section for "only or main residence" substitute "a residence"." |
| 168E | Insert the following new Clause— |
| | "Tenancy vested in company |
| | After section 6 of the 1967 Act (rights of trustees) insert— |
| | "6B Tenancy vested in company |
| (1) | Where a tenancy is vested in a company which does not carry on, and has not at any time since the tenancy became vested in it carried on, any or any substantial business (other than in relation to its ownership of the tenancy) and an individual being a person having control of the company occupies the house as a residence, the company shall have the like rights under this Part in respect of his occupation as he would have if he were the tenant occupying in right of the tenancy. |
| (2) | For the purposes of subsection (1), a person is to be taken as having control of a company if— |
| (a) | the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions and instructions, and |
| (b) | he is entitled to exercise or control the exercise of more than 50 per cent. of the voting power at any general meeting of the company or of another company which has control of it. |
| (3) | For the purposes of subsections (1) and (2), "company" includes any body corporate (whether incorporated in Great Britain or elsewhere) and references to directors of a company and to voting power at any general meeting of a company have effect with any necessary modifications."" |
| | THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 141 stand part of the Bill. |
| 169 | Page 67, line 33, leave out "eighty" and insert "ninety" |
| | THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 142 stand part of the Bill. |
| 170 | Insert the following new Clause— |
| | "Expiration of tenant's notice |
| | In section 22 of the 1967 Act (validity of tenants' notices), insert— |
| "(3A) | If a tenant has given notice to acquire the freehold under this Part of the Act, and has received a notice from the landlord in response to his claim, but has not applied to the leasehold valuation tribunal to determine any of the matters referred to in section 21(1) within six months of the date of the landlord's notice, the tenant's notice shall be deemed to be withdrawn."" |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 171 | Insert the following new Clause— |
| | "Tenant's right to apply to court for appointment of manager |
| (1) | Section 21 of the 1987 Act (tenant's right to apply to court for appointment of manager) is amended as follows. |
| (2) | In subsection (3)(a) for "or a resident landlord" substitute— |
| "(aa) | the interest of the landlord in the premises is held by a resident landlord and more than half the flats in their premises are held on long leases". |
| "(8) | References in this Part to a landlord (except in subsection (3)) include any person who is responsible under a lease for the management of the premises or any part of the premises."" |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 171A* | Page 114, line 13, leave out paragraph 3 |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 172 | Page 79, line 35, leave out subsection (3) |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 172A* | Page 80, line 2, leave out "must be in a prescribed form" and insert "must contain such information as may be prescribed" |
| | THE LORD WILLIAMS OF ELVEL
THE EARL OF CAITHNESS |
| 173 | Page 80, line 42, at end insert— |
| "( ) | If the landlord wishes to enforce his right to recover through proceedings, he shall be obliged to have demanded rent and given 30 days notice where more than one period is involved." |
| 174 | Page 123, line 31, after "tribunal" insert ", and to any such other party as the leasehold valuation tribunal may direct," |
| 175 | Page 123, line 32, after "information" insert ", or to supply any documents," |
| 176 | Page 123, line 32, after "may" insert ", on the application of a party or of its own initiative," |
| 177 | Page 123, line 33, after "tribunal" insert ", and to the other party or parties as the case may be," |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 177A* | Page 123, line 36, leave out sub-paragraphs (3) and (4) |
| 178 | Page 124, line 2, after "a" insert "directions hearing and a" |
| 179 | Page 124, line 3, at end insert "directions hearing and a" |
| 180 | Page 124, line 4, at end insert "and for the making of directions at such a hearing or review" |
| 181 | Page 124, line 19, at end insert— |
| "(2) | Procedure regulations may include provision empowering leasehold valuation tribunals to dismiss applications or transferred proceedings, in whole or in part, or to exclude the whole or part of any party's case, on the ground that a party has failed to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal." |
| 182 | Page 124, line 22, at end insert "if all the parties so request" |
| 183 | Page 124, line 25, at end insert "if all the parties so request" |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 183A* | Page 125, line 1, leave out "#500" and insert "#2000" |
| 184 | Page 125, line 11, after "pay" insert "the whole or part of" |
| 185 | Page 125, line 19, at end insert— |
| "(c) | costs have been thrown away as a result of his failure to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal, |
| (d) | in the opinion of the leasehold valuation tribunal he acted unreasonably in commencing or prosecuting the proceedings, or |
| (e) | in the opinion of the leasehold valuation tribunal the proceedings were occasioned by his unreasonable acts or omissions." |
| 186 | Page 125, line 20, leave out sub-paragraph (3) and insert— |
| | "(3) In determining the amount of costs that a party is to pay to another party under this paragraph, the leasehold valuation tribunal shall have regard to the financial resources of the party who is to pay the costs". |
| 187 | Page 125, line 27, at end insert "or in accordance with section 86 of this Act" |
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