Clause 122 - Implied terms in leases and recovery of safety related costs

Building Safety Bill – in the House of Commons at 5:15 pm on 19 January 2022.

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Amendments made: 27, page 126, line 13, leave out “section 125 of” and insert

“paragraph 1 of Schedule (Special measures) to”.

This amendment is consequential on Amendment 39.

Amendment 28, page 126, line 15, leave out “section 125 of” and insert

“paragraph 1 of Schedule (Special measures) to”.

This amendment is consequential on Amendment 39.

Amendment 29, page 126, line 35, at end insert—

“(6A) In section 81 of the Housing Act 1996 (restriction on termination of tenancy for failure to pay service charge) after subsection (4A) insert—

‘(4B) References in this section (except subsection (5)) to a service charge include a building safety charge within the meaning of paragraph 1 of Schedule 2 to the Landlord and Tenant Act 1985.’

(6B) In section 167 of the Commonhold and Leasehold Reform Act 2002 (failure to pay small amount for short period) after subsection (4) insert—

“(4A) In subsection (1) the reference to service charges includes building safety charges within the meaning of paragraph 1 of Schedule 2 to the 1985 Act.””

This amendment extends existing protections against forfeiture of a lease on the ground of non-payment of a service charge to non-payment of a building safety charge.

Amendment 30, page 126, line 36, leave out “the Commonhold and Leasehold Reform Act 2002” and insert “that Act”.

This amendment is consequential on Amendment 29.

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