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Department for Levelling Up, Housing and Communities

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Department for Levelling Up, Housing and Communities (79)

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Moved by

Lord Bailey of Paddington

76A: Clause 56, page 67, line 38, leave out subsection (2) and insert—

“(2) In section 26(1) (Exception: tenants of certain public authorities), omit the words “but section 25 (offence of failure to comply) does not”.”

Member’s explanatory statement

This amendment seeks to preserve the ability to crowdfund private...

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1742
House
House of Lords

At Second Reading, I said that leaseholders should not be expected to become serial litigators in the same manner that the sub-postmasters had to in order to get some justice for themselves. We should seek to increase the rights of leaseholders, not strip them of existing rights and protections.

My amendment...

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1742-3
House
House of Lords

We fully understand the passion expressed by the noble Lord, Lord Bailey of Paddington, about criminality and having a last resort. We must think of it in regard to the worst rogue landlord offences, of which there are many, and I am sure several noble Lords have seen things worthy...

Member
Baroness Thornhill (Liberal Democrat)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1743
House
House of Lords

My Lords, I thank the noble Lord, Lord Bailey, for his passion on this matter, as the noble Baroness, Lady Thornhill, said. It is appropriate to bring a probing amendment on this, to seek out some clarification from the Government about their intentions. It is clear that service charge accountability...

Member
Baroness Taylor of Stevenage (Labour)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1743-4
House
House of Lords

I thank my noble friend Lord Bailey of Paddington for Amendment 76A, which seeks to retain the existing enforcement provisions concerning a landlord’s failure to provide information to leaseholders. I am grateful to other noble Lords who took part in this very brief discussion.

I fully agree with my noble friend...

Member
Lord Gascoigne (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1744
House
House of Lords

In regard to the cost of leaseholders bringing a case, people are now using modern technology, such as crowdsourcing, to raise the funds to take on a landlord. When you have a persistently rogue landlord, this could be your last roll of the dice. It is not an entirely strong...

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1744
House
House of Lords

I am very grateful to my noble friend. I will address the rest of the issues, and hopefully I will pick up some the points he made. Like others, I am grateful for the passion with which the noble Lord speaks about this issue and his own experience of it.

I...

Member
Lord Gascoigne (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1744-5
House
House of Lords

I beg leave to withdraw the amendment.

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1745
House
House of Lords

Moved by

Lord Bailey of Paddington

79: Clause 57, page 70, line 10, at end insert—

“(5A) The regulations must specify a broker’s reasonable remuneration at market rates as a permitted insurance payment.

(5B) The regulations must exclude any payment which arises, directly or indirectly, from any breach of trust, fiduciary obligation or failure...

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1745
House
House of Lords

A lot of the Bill relies on secondary legislation coming through at a later date, meaning that we must all wait for many of the details of individual policies and cannot fully scrutinise them now. Last week we heard from the Minister that the commencement will be in 2025-26. In...

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1745-6
House
House of Lords

I beg to move. Excuse me—I am dyslexic, and procedure is massively hard for me. One day I will get it all right—and all at the same time.

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1747
House
House of Lords

The problem is evident and not disputed, but the solutions are clearly debatable.

We support the amendment from the noble Lord, Lord Bailey of Paddington, as we share his concerns. The insurance scheme in the Bill, without the permitted insurance payment being set at something nominal such as £5 or £10...

Member
Baroness Thornhill (Liberal Democrat)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1747-8
House
House of Lords

My Lords, I had assumed that the noble Baroness had risen to speak to the amendment standing in the name of her noble friend Lady Pinnock. I will speak to the amendments in my name in this group. Although there are eight of them, they fall into three broad topics,...

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1748-9
House
House of Lords

My Lords, I thank the noble Lord, Lord Bailey of Paddington, for introducing this group, setting the context for this debate about

insurance payments and asking for clarity in relation to his amendment, which I am sure was also the intention of the noble Lord, Lord Moylan, in asking for...

Member
Lord Khan of Burnley (Labour)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1749-1750
House
House of Lords

My Lords, I thank my noble friends Lord Bailey of Paddington and Lord Moylan, and the noble Baronesses, Lady Thornhill and Lady Taylor of Stevenage, for their amendments in this group. I will take them in turn.

Amendment 79, moved by my noble friend Lord Bailey, aims to ensure that insurance...

Member
Lord Gascoigne (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1750-2
House
House of Lords

It is unsatisfactory if this is to be left to secondary legislation. Bearing in mind that the directors of the right-to-manage company are elected by the leaseholders, and can be replaced by them, and that they are really one entity, what is to happen if the tribunal decides not to...

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1752
House
House of Lords

I will have to pick that up at a later date. There are a number of variables in that circumstance. I hope that my noble friend will forgive me for not having an answer to hand. I will certainly take this up with the department, rather than saying something that...

Member
Lord Gascoigne (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 cc1752-4
House
House of Lords

May I ask the indulgence of the Committee? I should have declared when I spoke—as I did earlier in debate—that I live in a building which is run by a right-to-manage company of which I am a director, as is shown in the register of interests. I should have said...

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1754
House
House of Lords

I beg leave to withdraw the amendment.

Member
Lord Bailey of Paddington (Conservative)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1754
House
House of Lords

Moved by

The Earl of Lytton

82C: After Clause 65, insert the following new Clause—

“Building trustee

(1) A prescribed building must have a building trustee.

(2) In this section a prescribed building is—

(a) a higher-risk building as defined by section 65 of the Building Safety Act 2022, or

(b) a building where—

(i) 50 per cent...

Member
Earl of Lytton (Crossbench)
Type
Proceeding contributions
Date
29 April 2024
Reference
837 c1755
House
House of Lords