Moved by
Lord Greenhalgh
166: Schedule 9, page 227, line 34, leave out sub-paragraph (1) and insert—
“(1) A relevant service charge which would otherwise be payable under a qualifying lease is payable only if (and so far as) the sum of—
(a) the amount of the service charge, and
(b) the total amount of relevant service charges which fell due in the period of 12 months ending with the day on which the service charge fell due,
does not exceed one tenth of the permitted maximum.”
Member’s explanatory statement
This amendment removes the existing power to make regulations, and provides that a service charge in respect of a relevant measure is payable only so far as the total of such service charges in any 12 month period does not exceed one tenth of the permitted maximum.
167: Schedule 9, page 227, line 39, at end insert—
““relevant service charge” means a service charge under a qualifying lease in respect of a relevant measure relating to any relevant defect.”
Member’s explanatory statement
This amendment is consequential on the preceding amendment in the name of the Minister.
168: Schedule 9, page 228, line 3, leave out from “remediation” to end of line 4
Member’s explanatory statement
This amendment removes the condition that a tenant under the qualifying lease was resident at the qualifying time.
169: Schedule 9, page 228, line 5, leave out from “remediation” to end of line 6 and insert “means the removal or replacement of any part of a cladding system that—
(a) forms the outer wall of an external wall system, and
(b) is unsafe.”
Member’s explanatory statement
This amendment inserts a definition of “cladding remediation” (and removes the power to define that expression).
170: Schedule 9, page 228, line 9, leave out “expenses” and insert “or other professional services”
Member’s explanatory statement
This amendment provides that this paragraph applies to legal or other professional services relating to liability or potential liability of a person in respect of a relevant defect.
171: Schedule 9, page 228, line 11, leave out from “paragraph” to “in” in line 12 and insert “the reference to services includes services provided”
Member’s explanatory statement
This amendment is consequential on the previous amendment in the name of the Minister.
172: Schedule 9, page 228, line 18, after “to” insert “4, 8 and”
Member’s explanatory statement
This amendment clarifies the paragraphs of this Schedule to which the provisions in this paragraph apply.
173: Schedule 9, page 228, line 41, leave out “qualifying”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 26.
174: Schedule 9, page 229, line 2, leave out “qualifying”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 26.
175: Schedule 9, page 229, line 5, at end insert—
“(4) The Secretary of State may by regulations modify the application of this paragraph as it applies in relation to a lease of premises that do not include a dwelling.”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 26.
176: Schedule 9, page 229, leave out line 19
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 10 inserting a definition of “prescribed”.
177: Schedule 9, page 229, line 21, at end insert—
“Presumption: qualifying lease
12A (1) This paragraph applies in relation to a lease that meets the conditions in paragraphs (a) to (c) of section 121(2).
(2) The lease is to be treated for the purposes of this Schedule as a qualifying lease unless—
(a) the landlord under the lease has taken all reasonable steps (and any prescribed steps) to obtain a qualifying lease certificate from a tenant under the lease, and
(b) no such certificate has been provided to the landlord.
(3) In this paragraph “qualifying lease certificate” means a certificate, complying with any prescribed requirements, that the condition in section 121(2)(d) was met in relation to the lease at the qualifying time.
(4) The requirements that may be prescribed include requirements as to—
(a) the information to be provided in the certificate,
(b) the form of the certificate, and
(c) the execution of the certificate.
Presumptions relating to landlord under qualifying lease
12B_(1) The person who was the landlord under a qualifying lease at the qualifying time (“the relevant landlord”) is to be treated for the purposes of this Schedule as having met the contribution condition (as defined by paragraph 3A) unless the landlord under the lease provides to the tenant under the lease a certificate, complying with any prescribed requirements, that the relevant landlord did not meet that condition.
(2) The Secretary of State may by regulations provide that (in some or all cases) the condition in paragraph 2(1) is to be treated for the purposes of this Schedule as met in relation to a lease to which paragraph 2 applies unless the landlord under the lease provides to the tenant under the lease a certificate that complies with any prescribed requirements.
(3) The requirements that may be prescribed include requirements as to—
(a) the information to be provided in the certificate,
(b) the form of the certificate, and
(c) the execution of the certificate.”
Member’s explanatory statement
This amendment provides that certain leases are taken to be qualifying leases unless steps are taken without the tenant providing a certificate, and landlords are taken to have met the contribution condition, or the condition in paragraph 2, unless they provide a certificate.
178: Schedule 9, page 229, line 28, leave out sub-paragraph (3)
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 10 inserting a definition of “prescribed”.
179: Schedule 9, page 229, line 28, at end insert—
“Information from landlords
13A_(1) The Secretary of State may by regulations make provision requiring a relevant landlord to give prescribed information or documents to a relevant tenant or other prescribed person.
(2) Information or documents may be prescribed if they relate to any matter with which this Schedule is concerned.
(3) The regulations may require the information or documents to be given in a prescribed way.
(4) The regulations may provide that where a relevant landlord fails to comply with the regulations, prescribed costs—
(a) are not to be regarded as relevant costs to be taken into account in determining the amount of a service charge payable under a relevant lease, and
(b) must not be met from a relevant reserve fund.
(5) The regulations may make provision for and in connection with an application to the First-tier Tribunal for an order—
(a) determining whether a relevant landlord has failed to comply with the regulations, and
(b) if so, requiring the relevant landlord to provide specified information or documents to a specified person by a specified time.
“Specified” here means specified in the order.
(6) Nothing in sub-paragraph (5) limits the effect of regulations made by virtue of sub-paragraph (4).
(7) Information or documents may be specified in an order under sub- paragraph (5) only if the regulations require them to be provided to the specified person.
(8) In this paragraph—
“relevant costs” has the meaning given by section 18 of the Landlord and Tenant Act 1985 (and this applies in relation to a lease of premises that does not include a dwelling as it applies in relation to a lease of a dwelling);
“relevant landlord” means a landlord under a relevant lease;
“relevant lease” means a lease of premises in a relevant building;
“relevant reserve fund” has the meaning given by paragraph 10;
“relevant tenant” means a tenant under a relevant lease.”
Member’s explanatory statement
This amendment confers a power to make regulations, requiring landlords to provide certain information and documents, and also enabling an application to be made to the First-tier Tribunal about the provision of information and documents.
180: Schedule 9, page 229, line 28, at end insert—
“13B_ In section 21 of the Landlord and Tenant Act 1985 (service charge information), in subsection (6A) (inserted by section 115), after “2022)” insert “or relevant buildings (as defined by section 120 of that Act)”.”
Member’s explanatory statement
This amendment provides that regulations under section 21 of the Landlord and Tenant Act 1985 (service charge information) need not make the provision mentioned in subsection (2) or (3) of that section in relation to relevant buildings.