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back to previous amendments
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| 76* | Page 62, line 33, at end insert— |
| "( ) | For subsection (2)(b), substitute— |
| "(b) | the tenant or, if the lease by virtue of which the tenant is a qualifying tenant is vested in trustees, an individual having an interest in the trust, has occupied the flat as his only or principal residence for at least twelve months at any time, whether or not he has used it also for other purposes."" |
| 77* | Page 63, line 1, leave out "(2)(b)" |
| 78 | Page 63, line 2, after "only" insert "or" |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| 80 | Page 63, line 19, leave out "six months" and insert "one year" |
| 81* | 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 EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 83 | Insert the following new Clause— |
| | "Abolition of marriage value |
| | In Schedule 13 to the 1993 Act, omit— |
| (b) | paragraphs 4 to 4B; and |
| 84* | 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 GOODHART
THE BARONESS HAMWEE |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 87 | 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"." |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| | THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL |
| 89* | Page 65, line 6, at end insert "and has occupied it as his only or principal residence for at least twelve months at any time, whether or not he has used it also for other purposes"" |
| 90 | 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."" |
| 91 | Page 66, line 13, leave out "six months" and insert "one year" |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| | THE LORD GOODHART
THE BARONESS HAMWEE |
| 94 | Insert the following new Clause— |
| | "Minimum term for leases at a premium |
| (1) | No lease of a flat or house may be granted at a premium unless the term of this lease is not less than 300 years. |
| (2) | In this section "flat" has the same meaning as in Chapter 1 of this Part and "home" has the same meaning as in Part 1 of the Leasehold Reform Act 1967 (c. 88)." |
| | THE BARONESS GARDNER OF PARKES |
| 95 | Page 123, line 12, at end insert— |
| | 2A (1) Procedure regulations under paragraph 1 shall include provision about the public information to be provided by leasehold valuation tribunals. |
| (2) | Such information referred to in sub-paragraph (1) above shall include— |
| (a) | details about the jurisdiction of leasehold valuation tribunals, |
| (b) | guidance on the ways of applying to leasehold valuation tribunals, and |
| (c) | descriptions of recent decisions of leasehold valuation tribunals." |
| | THE BARONESS GARDNER OF PARKES |
| 96 | 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." |
| | THE LORD WILLIAMS OF ELVEL |
| 97 | Insert the following new Clause— |
| | "Regulation of managing agents |
| (1) | After such consultation as he considers appropriate, the Secretary of State may by regulations provide for the establishment of a professional regulatory body for managers of property under this Part. |
| (2) | The rules of the professional regulatory body shall be approved by him. |
| (3) | The rules referred to in subsection (2) shall include provision for— |
| (a) | a scheme of membership, |
| (b) | standards for accreditation of members, |
| (c) | procedures for complaints and disciplinary measures, and |
| (d) | procedures for extending eligibility for membership to other managers of property. |
| (4) | A statutory instrument containing regulations under subsection (1) shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament." |
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