Fire Safety Bill — Commons Reasons — Motion C1 (as an amendment to Motion C) — 17 Mar 2021 at 14:45

Moved by The Lord Bishop of St Albans

4B: After Clause 2, insert the following new Clause-“Prohibition on passing remediation costs on to leaseholders and tenants(1) The owner of a building may not pass the costs of any remedial work attributable to the provisions of this Act on to leaseholders or tenants of that building.(2) Subsection (1) does not apply to a leaseholder who is also the owner or part owner of the freehold of the building.”

4C: After Clause 2, insert the following new Clause-“Costs arising from relevant notices or risk based guidance under the Fire Safety Order(1) This section applies to a long lease of a dwelling in a relevant building.(2) This section applies-(a) where a notice has been served by an enforcing authority under article 28, article 29 or article 30 of the Fire Safety Order; or(b) where a responsible person carries out works on the basis that they are required or said to be required by the risk based guidance issued by the Secretary of State under article 50 of the Fire Safety Order.(3) In the lease there is an implied covenant by the lessor, or any third party to the lease, that the lessor or third party shall not recover from the lessee any amount in respect of the costs of works under subsection (2) where the works are to remedy any defect, risk or issue that predated the first grant of a long lease of the dwelling.(4) Subsection (3) does not apply where the works are to repair a deterioration in original condition.(5) Subsection (3) does not apply to any interest or shareholding the lessee may have in any superior lessor or freeholder.(6) This section does not apply to commonhold land.(7) “Dwelling” has the meaning given by section 112 of the Commonhold and Leasehold Reform Act 2002 and “long lease” has the meaning given by sections 76 and 77 of that Act, save that, in the case of a shared ownership lease, it is irrelevant whether or not the tenant’s total share is 100%.”

4D: After Clause 2, insert the following new Clause-“Restriction on contracting out of section (Costs arising from relevant notices or risk based guidance under the Fire Safety Order)A covenant or agreement, whether contained in a long lease to which section (Costs arising from relevant notices or risk based guidance under the Fire Safety Order) applies or in an agreement collateral to such a long lease, is void in so far as it purports-(a) to exclude or limit the obligations of the lessor or the immunities of the lessee under that section, 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 or immunities.”

4E: Clause 3, page 2, line 28, at end insert-“( ) Sections (Costs arising from relevant notices or risk based guidance under the Fire Safety Order) and (Restriction on contracting out of section (Costs arising from relevant notices or risk based guidance under the Fire Safety Order)) shall each come into force on the same day as section 1 comes fully or partially into force in respect of any premises in England.”

Ayes 326, Noes 248.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop12 041.4%
Con4 19567.0%
Crossbench58 1335.1%
DUP1 260.0%
Green2 0100.0%
Judge0 320.0%
Lab142 063.1%
LDem82 176.9%
Non-affiliated10 340.6%
PC1 050.0%
UKIP0 133.3%
UUP0 150.0%
Total:312 21957.6%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Lord Blencathra Con (front bench)aye
Lord Bowness Conaye
Lord Cooper of WindrushConaye
Lord Mackay of ClashfernConaye
Lord Aberdare Crossbenchno
Lord Bichard Crossbench (front bench)no
Lord Carrington Crossbenchno
The Earl of ErrollCrossbenchno
Baroness Hogg Crossbenchno
Lord Kakkar Crossbench (front bench)no
Baroness O'Neill of BengarveCrossbenchno
Lord Pannick Crossbench (front bench)no
Lord Powell of BayswaterCrossbench (front bench)no
Lord Rana Crossbenchno
Lord Stirrup Crossbench (front bench)no
Lord Thurlow Crossbench (front bench)no
Lord Wilson of DintonCrossbenchno
Lord Hay of BallyoreDUPaye
Baroness Nicholson of WinterbourneLDemno
Lord Bhatia Non-affiliatedno
Lord Kalms Non-affiliatedno
Lord Taylor of WarwickNon-affiliatedno

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