Lead member
Matthew Pennycook
Labour, Greenwich and Woolwich
Commons
Decision
No decision
The House has not considered this amendment.
Amendment text
Line 43
at end insert—
“(8)
Any provision of a lease or of any agreement relating to a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports—
(a)
to exclude or limit the obligations of the lessor under the covenant implied by section 10A(2), or
(b)
to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of the lessee enforcing or relying upon those obligations.
(9)
Where in any proceedings before a court it is alleged that a lessor is in breach of an obligation under the covenant implied by section 10A(2), the court may order specific performance of the obligation (regardless of any equitable rule restricting the scope of that remedy).
(10)
Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”