Leasehold Reform (Amendment) Bill

Andy Sawford Excerpts

Friday 24th January 2014 Commons Chamber

[Andy Sawford (Corby) (Lab/Co-op)]

I congratulate the hon. Member for Bury North (Mr Nuttall) on championing the Bill through its various stages. I also congratulate the hon. Member for Kettering (Mr Hollobone), my constituency neighbour, who is the Member in charge of the Bill. Although there are many matters on which we differ, instead of rehearsing our disagreements, as happens all too often in this place, we are focused on those causes on which we can agree, particularly our joint campaign to improve our local hospital. I am pleased today to find common cause with him and with the hon. Member for Bury North, who has spoken so strongly in support of the Bill and has set out why the change is needed.

As the hon. Member for Bury North said, this is a simple but important Bill that seeks to address a technical issue that can be frustrating for leaseholders trying to exercise their rights to collective enfranchisement or to a lease extension, without unduly affecting landlords in the process. The Bill aims to remove the need for individual tenants to sign notices personally, and he has set out a wide range of cases in which that has been a real difficulty for people, no doubt including my constituents. Although I have not been approached on this subject directly, I am sure from his examples that many people across the country have been affected.

The Bill would give solicitors, or someone else duly authorised on a tenant’s behalf, such as an attorney, the ability to sign the notices. It is more than 20 years since the Leasehold Reform, Housing and Urban Development Act 1993 was enacted, since when there has been significant amending legislation: the important Commonhold and Leasehold Reform Act 2002, which was passed by the previous Labour Government. The 2002 Act gave important new rights to tenants, but over the years it has become apparent that there are still anomalies in the law that should be addressed. One of those anomalies, as the hon. Gentleman said, relates to the signing of notices under sections 13 and 42 of the 1993 Act. Currently, the notices must be personally signed by the individual tenant, which can cause problems, for example when a tenant has a disability and has given power of attorney to a third party, or when notices need to be signed by tenants based overseas. In many other areas, it is possible for a solicitor or other authorised representative to sign on an individual’s behalf, but as the law currently stands, that is not possible for signing notices under sections 13 or 42. The Government have been encouraged in this brief debate to consider other areas of the law in which that is a problem, but it must be right that, having so clearly identified the anomaly as a problem in respect of leasehold, we take action.

If a tenant cannot sign personally, no claim for a lease extension can be made. In the case of collective enfranchisement for the acquisition of a freehold, that may be prejudicial to getting a sufficient number of people involved. We therefore welcome the Bill making the necessary changes, and we will support its passage through the House.

I very much support the view expressed by the hon. Gentleman that it is right for Back Benchers not only to scrutinise and seek to improve legislation initiated by the Executive, but to seek to introduce legislation in this House in the interests of their constituents and the country. I fully support him in hoping that not only this but other private Members’ Bills, including my Bills, which are further down today’s Order Paper, may pass through this House.