I thank the noble Lord, Lord Berkeley, and my noble friend Lord Young for their amendments. I welcome the consideration of issues around the operation of leasehold, which I know are of interest to many in the House.
Amendment 84BA seeks a right for a leaseholder to obtain an order restricting a landlord’s ability to recover the costs of appearing before a court or tribunal as an administration charge. My noble friend Lord Young has raised an important issue, which others have also expressed concern about today, including the noble Earl, Lord Lytton, and the noble Lord, Lord Campbell-Savours. As the Committee will be aware, legislation already allows tribunals and courts to make this type of order where a landlord is seeking recovery of costs through a service charge. I should like to consider this further and I hope, with that assurance, that my noble friend will agree to withdraw his amendment.
I will now address changes proposed in Amendment 84D, tabled by the noble Lord, Lord Berkeley. I listened carefully to what the noble Lord said. As noble Lords will know, the Crown is not bound by legislation except where that is specifically provided for. The underlying exceptions to the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 apply to Crown land, which for the purposes of those Acts is defined as including the Crown Estate, the Duchy of Lancaster, the Duchy of Cornwall and the interests of any government department. There are no plans to change the exemptions set out in statute.
However, the Crown authorities covered by this exemption have committed, through a voluntary undertaking renegotiated in 2001, that the Crown would, as landlord and subject to specified exemptions described in the undertaking, agree to the enfranchisement or extension of residential long leases under the same qualifications and terms which apply by virtue of the 1967 Act and the 1993 Act. These specified exemptions include property that stands on land held inalienably by the Crown, and where there are security considerations. They also include where properties, or the areas in which they are situated, have a long historic or particular association with the Crown.
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These exceptions are important to protect land and property associated with the Crown. Within the Duchy of Cornwall, which is the focus of this amendment, this includes the off islands within the Isles of Scilly—as the noble Lord will know, they are St Agnes, Bryher, St Martin’s and Tresco—and the Garrison on St Mary’s. The Duchy of Cornwall is not part of the Crown Estate: they are treated as separate entities, as is shown for example by their distinct listings within Section 33(2) of the Leasehold Reform Act 1967. However, only the son and heir of the monarch can hold the Duchy as the Duke of Cornwall. When there is no Duke of Cornwall—for example if the eldest son is not the next in line to the Throne—the Duchy reverts to the sovereign. The Duchy of Cornwall estate is therefore always linked to the sovereign and as such is, for the purposes of the specific provisions in the Acts in question, brought within the meaning of Crown land. It would not be appropriate to change this. With that rather prolonged explanation, I hope that the noble Lord will agree not to press his amendment.
Amendment 84G seeks to tackle the difficulties faced by leaseholders seeking statutory recognition for a tenants association and thereby to become a recognised tenants association, by requiring landlords to provide contact information for absentee leaseholders. This point was raised eloquently by my noble friend Lord Young. The Government recognise the difficulties faced by tenants associations that wish to seek recognition in ascertaining and reaching the necessary membership numbers needed for recognition. This issue has also been raised with Ministers, and my noble friend Lord Young has set out the challenges faced by leaseholders very clearly. I should also like to take this issue away to consider it in more detail ahead of Report.