Commonhold and Leasehold Reform Bill [H.L.]
AMENDMENTS
TO BE MOVED
ON THIRD READING
| Page 2, line 23, leave out "an" and insert "the freehold" |
| Page 2, line 23, at end insert |
"( ) | is the registered proprietor of a leasehold estate in the whole or part of the land granted for a term of more than 21 years," |
| Leave out Clause 10 and insert the following new Clause |
| "Extinguished lease: liability |
(1) | This section applies where |
(a) | a lease is extinguished by virtue of section 7(3)(d) or 9(3)(f), and |
(b) | the consent of the holder of that lease was not among the consents required by section 3 in respect of the application under section 2 for the land to become commonhold land. |
(2) | If the holder of a lease superior to the extinguished lease gave consent under section 3, he shall be liable for loss suffered by the holder of the extinguished lease. |
(3) | If the holders of a number of leases would be liable under subsection (2), liability shall attach only to the person whose lease was most proximate to the extinguished lease. |
(4) | If no person is liable under subsection (2), the person who gave consent under section 3 as the holder of the freehold estate out of which the extinguished lease was granted shall be liable for loss suffered by the holder of the extinguished lease." |
| Page 17, line 20, leave out "in regulations or in a commonhold community statement" |
| Page 17, line 22, leave out "including" and insert "which may include" |
| Page 17, line 31, after "required" insert "to be raised from unit-holders" |
| Page 17, line 34, after "required" insert "to be raised from unit-holders" |
| Page 18, line 23, leave out "(2)(c)" and insert "(2)(b)" |
| Page 26, line 9, leave out from "liquidator" to end of line 10 and insert "following the making of a winding-up order by the court in respect of a commonhold association" |
| Page 26, line 11, after "court" insert "by virtue of section 6(6)(c) or 39(3)(d)" |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| Insert the following new Clause |
| "Abolition of marriage value |
| In Schedule 6 to the 1993 Act, omit |
(h) | paragraphs 15 and 16; and |
(i) | paragraphs 19 and 20." |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| Insert the following new Clause |
| "Abolition of marriage value |
| In Schedule 13 to the 1993 Act, omit |
(b) | paragraphs 4 to 4B; and |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| 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 LORD GOODHART
THE BARONESS HAMWEE |
| THE LORD GOODHART
THE BARONESS HAMWEE |
| THE LORD GOODHART
THE LORD JACOBS |
| 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 I of this Part and "home" has the same meaning as in Part I of the Leasehold Reform Act 1967 (c. 88)." |
| THE BARONESS GARDNER OF PARKES |
| Page 86, line 16, 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." |
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