Contributions
829 recent contributions in Hansard
HANSARDLeasehold and Freehold Reform Bill (First sitting)Q I understand that you were involved in the Canary Riverside judgment just before Christmas. Amanda Gourlay: That is correct—yes. Forgive me; I was involved in Canary Riverside…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q Thank you. But you are aware of the judgment that came through just before Christmas in the case. Amanda Gourlay: I am not sure that I am—no.16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q Were you involved in relation to the uncovering of the £1.6 million commission for insurance? Amanda Gourlay: No, I was not involved in that element of it.16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q In that case, I am probably better putting those questions to a later witness. In relation to that case, and on the accountable person provisions and section 24 amendments in…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q I am sure Ms Maclean will have details from her past life. Thank you for that—it is extremely helpful. You referred to clauses 27 and 28 and said that the word “arising” was one…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q I was thinking not so much about where there is a dispute over reasonableness but more about whether the process that is set out in proposed new section 21D had been…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q Although I said at the outset that I would not pursue the insurance costs with you, I think we can probably agree that the £1.6 million commission that was ruled illegal will…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)In relation to insurance—because it will no longer be possible to charge commission, but it will be possible to charge a fee. Amanda Gourlay: That is always a risk. In fact, that…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Finally, proposed new section 21E of the 1985 Act talks about annual reports, while proposed new section 21D sets out the basis of the accounts and when they must be presented.…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Thank you. That is extremely helpful.16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q You referenced the damages under proposed new section 25A of the Landlord and Tenant Act 1985, which “may not exceed £5,000”. The tribunal does not have to award £5,000; it is a…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (First sitting)Q Thank you. Will you send me a full report on the details that you did not get a chance to share? Amanda Gourlay: I will, yes. I had no intention of making a speech, and I am…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)I am delighted; that is what I wanted you to say. Professor Hopkins: But I cannot say whether they are the right things or the most impactful things to add to the Bill. What is…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Q First of all, let me thank you for the Law Commission’s work, which was extensive and hugely helpful. I am conscious that the recommendations on structural dependency rules have…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Q I totally agree. It is certainly beneficial that there is the uplift from 25% to 50%. However, if one were to adopt the view that the commission take on structural dependency…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Q Of course, commonhold is not within the scope of the Bill. Indeed, the way in which the Government framed your remit meant that your report was closely constrained in what it…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Q Indeed. Currently, a leaseholder who has three or more flats in a development is instantly disqualified from participating in an enfranchisement claim. The Law Commission…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Q Improve the lot of leaseholders, yes. At one point slightly earlier, you seemed to give the impression that we were—I think this is the polite way of saying it—polishing an…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Q One way of tackling this would surely be to enable all leaseholders ultimately to gain the benefits that freeholders, or people who have a share of the freehold, currently have,…16 Jan 2024HANSARDLeasehold and Freehold Reform Bill (Second sitting)Well, it has been with us for a very long time, hasn’t it? Professor Hopkins: Yes. So the system has to work, and that is what the Bill achieves in relation to leasehold.16 Jan 2024