HC Deb 23 March 1983 vol 39 cc978-80

Amendments made:

No. 31, in page 43, line 6, at beginning insert—

  1. '1. In section 6(4)(a) of the 1980 Act (assumptions on the grant of a lease) for the words from "for 125 years" onwards there 979 shall be substituted the words "with vacant possession for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph)".
  2. 2. In section 14 of the 1980 Act (change of landlord after notice claiming right to buy or right to a mortgage) for the words "the freehold of there shall be substituted the words "the interest of the landlord in".
  3. 3. In section 16(1) of the 1980 Act (completion) for paragraphs (a) and (b) there shall be substituted the following paragraphs—
    1. "(a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute; and
    2. (b) if the landlord does not own the freehold or (whether or not the landlord owns it) the dwelling-house is a flat, a grant of a lease of the dwelling-house for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph);".
  4. 4. At the end of section 17 of the 1980 Act (conveyance of freehold and grant of lease) there shall be inserted the words "and other matters".
  5. 5. Section 18 of the 1980 Act (right to a mortgage—terms of mortgage deed) shall be renumbered as subsection (1) of that section, in that provision as so renumbered the words from "but the Secretary of State" onwards shall be omitted and after that provision as so renumbered there shall be inserted the following subsections—
    1. "(2) Where the mortgagor's interest in the dwelling-house is leasehold and the term of the lease is less than 25 years, subsection (1)(b) above shall have effect as if the reference to 25 years were a reference to the term of the lease.
    2. (3) The Secretary of State may by order prescribe additional terms to be contained in any deed by which a mortgage is effected in pursuance of this Chapter or vary the provisions of subsections (1)(a) and (b) and (2) above, but only in relation to deeds executed after the order comes into force."
  6. 6. In subsection (3) of section 20 of the 1980 Act (registration of title) for the words "subsection (2)" there shall be substituted the words "subsection (1)(b)" and for subsections (1) and (2) of that section there shall be substituted the following subsections—
    1. "(1) Where the landlord's title to the dwelling-house is not registered—
      1. (a) section 123 of the Land Registration Act 1925 (compulsory registration of title) shall apply in relation to the conveyance of the freehold or the grant of a lease in pursuance of this Chapter whether or not the dwelling-house is in an area in which an Order in Council under section 120 of that Act is for the time being in force and, in the case of a lease, whether or not the lease is granted for a term of not less than 40 years;
      2. (b) the landlord shall give the tenant a certificate stating that the landlord is entitled to convey the freehold or make the grant subject only to such incumbrances, rights and interests as are stated in the conveyance or grant or summarised in the certificate; and
      3. (c) section 8 of that Act (application for registration of leasehold land) shall apply in relation to a lease granted in pursuance of this Chapter notwithstanding that it is a lease for a term of which not more than 21 years are unexpired.
    2. (2) Where the landlord's title to the dwelling-house is registered, section 22 of the said Act of 1925 (registration of dispositions of leaseholds) shall apply in relation to a lease granted in pursuance of this Chapter notwithstanding that it is granted for a term not exceeding 21 years."
  7. 7. In section 24 of the 1980 Act (vesting orders)—
    1. (a) in subsection (3) after the word "If' there shall be inserted the words "the landlord's title to" and the word "land" shall be omitted;
    2. (b) in subsection (4) after the words "an absolute title" there shall be inserted the words "or, as the case may require, a good leasehold title"; and
      3. 980
    3. (c) in subsection (5) after the word "Where" there shall be inserted the words "the landlord's title to" and the word "land" shall be omitted.',

No. 32, in page 44, line 13 at end insert— '(1A) In paragraph 12 (common use of premises and facilities) after the word "Where" there shall be inserted the words 'the dwelling-house is a flat and".'.

No. 33, in page 44, line 25, leave out from beginning to 'for' in line 26 and insert 'For the heading of Part IV of Schedule 2 to the 1980 Act (charges on freehold) there shall be substituted the heading "CHARGES AND OTHER MATTERS". (1A) In paragraph 18 of that Schedule'.

No. 34, in page 44, leave out lines 42 to 46 and insert— '4. In paragraph 1(1) of Schedule 3 to the 1980 Act (tenancies which are not secure tenancies) after the words "long tenancy" there shall be inserted the words "or a tenancy granted in pursuance of Chapter I of Part I of this Act"'.—[Mr. Stanley.]

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