Amendment 282C

Levelling-up and Regeneration Bill - Report (8th Day) – in the House of Lords at 8:15 pm on 18 September 2023.

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Votes in this debate

Lord Young of Cookham:

Moved by Lord Young of Cookham

282C: After Clause 226, insert the following new Clause—“Qualifying leases under the Building Safety Act 2022After section 119 of the Building Safety Act 2022 (meaning of “qualifying lease” and “the qualifying time”), insert—“119A Variation, surrender or regrant of qualifying leases(1) A qualifying lease varied, or subject to any surrender and regrant, remains a qualifying lease.(2) This section has effect in relation to any qualifying lease varied, or subject to any surrender and regrant, before the coming into force of this section.(3) Any agreement contrary to this section is void, whether made before or after the coming into force of this section.”” Member's explanatory statementThis section fixes a gap in the Building Safety Act 2022 to ensure qualifying leases retain their protection if the leaseholder enters into a deed of variation, or exercises statutory lease extension or enfranchisement rights.

Photo of Lord Young of Cookham Lord Young of Cookham Deputy Chairman of Committees

My Lords, I am grateful to all those who took part in the debate some hours ago about protecting leaseholders. I am grateful to my noble friend Lord Howe for what he said—that proposals will be brought forward shortly to help those blocks that have enfranchised. My noble friend said that I would greet with a sigh his rejection of my amendment, and he was quite right. I say in return that his heart must have sunk when he read his brief and saw the less than convincing reply he had been equipped with to rebut my amendment.

In a nutshell, the Government made a mistake when they drafted the Building Safety Act. Unwittingly, they have removed the protection that some leaseholders were entitled to. They have known for months that there has been this defect, and I do not accept that the defect is so complex that it cannot now be put right. That is what my amendment does. I seek leave to test the opinion of the House.

Ayes 153, Noes 134.

Division number 5 Levelling-up and Regeneration Bill - Report (8th Day) — Amendment 282C

Aye: 151 Members of the House of Lords

No: 132 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Amendment 282C agreed.

Amendments 282D to 282F not moved.

Amendment 282G had been withdrawn from the Marshalled List.

Amendments 282H and 282J not moved.