Leasehold and Freehold Reform Act 2024

Page 77, line 1, leave out Clause 59

To move the following Clause— “Appointment of manager: power to vary or discharge orders

To move the following Clause— “Criteria for determining whether to make appointment order

Clause 62, page 81, line 13, at end insert— “(4A) If a draft of a statutory instrument containing regulations under Part 4A would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.”

To move the following Clause— “Conditions for applying for appointment order

To move the following Clause— “Notice of future service charge demands

Clause 62, page 80, line 33, at end insert— “(1A) A power to make regulations under Part 4A also includes power to make different provision for different areas.”

Clause 60, page 80, line 13, at end insert— ““the LTA 1987” means the Landlord and Tenant Act 1987;”

To move the following Clause— “Appointment of substitute manager

Clause 43, page 68, line 7, leave out from “not” to end of line 12 and insert “given a future demand notice in respect of the costs before the end of the period of 18 months beginning with the date on which the costs were incurred. (2) A “future demand notice” is a notice in writing that—

To move the following Clause— “Notices of complaint

To move the following Clause— “Appointment of manager: breach of redress scheme requirements

To move the following Clause— “Restriction on recovery of non-litigation costs of enfranchisement, extension and right to manage

Clause 52, page 74, line 10, leave out “£1,000” and insert “£10,000”

Clause 52, page 74, line 13, at end insert— “(5) An estate manager may not for any purpose set off damages payable by the estate manager to the owner under subsection (2)(b) against any present or future liability of the owner to the estate manager.”

Clause 49, page 72, line 26, leave out “£5,000” and insert “£50,000”

Clause 41, page 66, line 28, at end insert— “(c) only where they are incurred in the provision of services or the carrying out of works that would not ordinarily be provided by local authorities.”

Clause 44, page 68, line 31, at end insert— “(3A) Where the appropriate tribunal has made a determination on an application under subsection (1) or (3) that an estate management charge is not payable because the costs incurred by an estate manager are not relevant costs under section 41(1)(b) (services or works to be of a reasonable standard), the tribunal may impose a penalty on the estate manager which is payable to the residents of affected managed dwellings; and the tribunal may determine how much of the penalty is to be paid to the residents of each affected managed dwelling.”

Clause 44, page 69, line 6, at end insert— “(7) The Secretary of State must by regulations provide—

Clause 41, page 66, line 28, at end insert— “(c) where they are incurred in the provision of services or the carrying out of works, only where the requirement for those services or works is not the result of defects in the original construction.”

To move the following Clause— “Recovery of legal costs etc through service charge

To move the following Clause— “Steps relating to remediation of defects

To move the following Clause— “Remediation orders

To move the following Clause— “Redress schemes: no Crown status

To move the following Clause— “LTA 1985: Crown application

To move the following Clause— “Repeal of section 125 of the BSA 2022

To move the following Clause— “Higher-risk and relevant buildings: notifications in connection with insolvency

To move the following Clause— “Part 4: Crown application

To move the following Clause— “Remediation contribution orders

To move the following Clause— “Part 5: amendments to other Acts

To move the following Clause— “Permitted leases: certification by the appropriate tribunal

To move the following Clause— “Houses

To move the following Clause— “Permitted leases

To move the following Clause— “Series of leases whose term would extend beyond 21 years

To move the following Clause— “Permitted leases: marketing restrictions

To move the following Clause— “Permitted leases: transaction warning conditions

To move the following Clause— “Residential leases

To move the following Clause— “Long residential leases of houses

To move the following Clause— “Leases which have a long term

To move the following Clause— “Ban on grant or assignment of certain long residential leases of houses

Clause 27, page 18, line 8, at end insert— “(ca) in section 23 (agreements excluding or modifying rights of tenant), in subsection (2)(b), omit the words from “or any provision” to “or any part of it”;”

After Clause 25, insert the following new Clause— “Commonhold and Leasehold Reform Act 2002: commonhold threshold

After Clause 25, insert following new Clause— “Report on providing leaseholders in flats with a share of the freehold

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.</i>

After Clause 28, insert the following new Clause— “Residence condition where a claim is made in reliance on section 28 of this Act

<i>Baroness Taylor of Stevenage gives notice of her intention to oppose the Question that Clause 7 stand part of the Bill.</i>

Clause 28, page 18, line 17, at end insert— “(2) After section 4(5) of the LRHUDA 1993, insert—

After Clause 25, insert the following new Clause— “Prevention of the creation of new leasehold flats

After Clause 25, insert the following new Clause— “Commonhold strategy

After Clause 25, insert the following new Clause — “Mandatory share of freehold on new blocks of flats

After Clause 25, insert the following new Clause— “Leases for new dwellings: default length

Clause 28, page 18, line 17, at end insert— “(2) In section 5 of LRHUDA 1993 (qualifying tenants), after subsection (6) insert—

After Clause 75, insert the following new Clause— “Estate management charges: compensation for unfulfilled estate management

After Clause 116, insert the following new Clause— “Building safety contributions

After Clause 116, insert the following new Clause— “Self remediation contract: implied terms

After Clause 116, insert the following new Clause— “Meeting remediation costs of insolvent landlord

After Clause 56, insert the following new Clause— “Introduction of implied terms into leases for energy efficiency improvements

After Clause 116, insert the following new Clause— “Meaning of “relevant building” and “qualifying lease” under the Building Safety Act 2022

After Clause 75, insert the following new Clause— “Power to prohibit estate management charges where certain requirements have not been fulfilled

After Clause 116, insert the following new Clause— “Remediation costs

After Clause 28, insert the following new Clause— “Residence condition where a claim is made in reliance on section 28 of this Act

Schedule 4, page 162, line 41, at end insert— <i class="text-centre">“Hope value and/or marriage value payable</i>

Schedule 4, page 160, line 6, after “Schedule” insert “but only to the extent that the property comprised in that freehold or lease is comprised in a current lease which is held under a homeowner lease at the valuation date”

Schedule 4, page 163, line 35, after "<i>2</i>:" insert "in a case where the claimant or, if there is more than one claimant, every claimant, holds the house or flat by virtue of which they are entitled to make the claim under a homeowner lease,"

Schedule 4, page 163, line 27, at end insert “, but see sub-paragraph (3A).”

Schedule 4, page 162, line 18, after second “is” insert “held under a homeowner lease at the valuation date, and”

Schedule 1, page 137, line 32, leave out sub-paragraph (2) and insert— <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A lease is a retirement housing lease if—</span></span>

Schedule 4, page 159, line 9, leave out “that” and insert “out of the interest of the person granting the statutory lease; (ba) the notional lease”

Schedule 1, page 138, line 11, leave out paragraph 4 and insert— “4 A lease of a house where the house comprised in the lease—

Schedule 4, page 164, line 15, at end insert— “(3A) But in a case where the freeholder is a charity and the freehold interest was vested in that charity immediately before the passing of this Act, the freeholder is entitled to compensation for loss of marriage or hope value, with the amount of compensation being equal to the amount the freeholder would have received by way of marriage or hope value if assumption 2 had not been made.”

Clause 12, page 7, line 17, leave out “registered” and insert “completed by registration”

Schedule 1, page 138, line 15, at end insert— ““4A <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A lease granted out of a freehold estate by the Crown.</span></span>

Schedule 4, page 159, line 6, leave out from “continue” to end of line 8 and insert “on the terms on which it is granted, and therefore will not be substituted by the statutory lease; (aa) the current lease will continue (on those terms) until its term date;”

Clause 12, page 7, line 28, leave out “registered” and insert “completed by registration”

Before Clause 24, insert the following new Clause— “Part 1: Crown application

After Clause 25, insert the following new Clause— “Mandatory share of freehold on new enfranchisable blocks of flats

Schedule 4, page 159, line 18, at end insert— <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2A)</span><span class="sub-para-text">But if the tenant is holding over under the Local Government and Housing Act 1989 at the valuation date—</span></span>

Schedule 4, page 163, line 28, leave out from “that” to end of line 34 and insert “the following occurred immediately before the valuation date— (a) in the case of the transfer of a freehold house under the LRA 1967—

Clause 12, page 7, line 11, leave out “registration” and insert “completion by registration”

Schedule 4, page 160, line 23, leave out from “if” to end of line 24 and insert “— (a) the tenant is holding over under the Local Government and Housing Act 1989 at the valuation date, or