12244.69-73

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

69

“(7)
This section does not apply to a fixed term assured tenancy that is a

lease of a dwelling-house—

(a)
granted on payment of a premium calculated by reference

to a percentage of the value of the dwelling-house or of the

cost of providing it, or

(b)
under which the lessee (or the lessee’s personal

representatives) will or may be entitled to a sum calculated

by reference, directly or indirectly, to the value of the

dwelling-house.””
After Clause 140
202
Insert the following new Clause—

“Secure and assured tenancies: recovery of possession after tenant’s death

(1)
In section 90 of the Housing Act 1985 (devolution of fixed term secure

tenancy) after subsection (4) insert—

“(5)
The following provisions apply where a tenancy that was a secure

tenancy of a dwelling-house in England—

(a)
has been vested or otherwise disposed of in the course of the

administration of the secure tenant’s estate, and

(b)
has ceased to be a secure tenancy by virtue of this section.

(6)
Subject as follows, the landlord may apply to the court for an order

for possession of the dwelling-house let under the tenancy.

(7)
The court may not entertain proceedings for an order for possession

under this section unless—

(a)
the landlord has served notice in writing on the tenant—

(i)
stating that the landlord requires possession of the

dwelling-house, and

(ii)
specifying a date after which proceedings for an

order for possession may be begun, and

(b)
that date has passed without the tenant giving up

possession of the dwelling-house.

(8)
The date mentioned in subsection (7)(a)(ii) must fall after the end of

the period of four weeks beginning with the date on which the

notice is served on the tenant.

(9)
On an application to the court for an order for possession under this

section, the court must make such an order if it is satisfied that

subsection (5) applies to the tenancy.

(10)
The tenancy ends when the order is executed.”

(2)
In Part 3 of Schedule 2 to that Act (grounds on which court may order

possession of dwelling-house let on secure tenancy if reasonable and if

alternative accommodation is available) after Ground 15 insert—

“Ground 15A


The dwelling-house is in England, the accommodation afforded

by it is more extensive than is reasonably required by the tenant

and—

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(a)
the tenancy vested in the tenant by virtue of section 89

(succession to periodic tenancy) or 90 (devolution of term

certain) in a case where the tenant was not the previous

tenant’s spouse or civil partner, and

(b)
notice of the proceedings for possession was served

under section 83 (or, where no such notice was served,

the proceedings for possession were begun) more than

six months but less than twelve months after the relevant

date.


For this purpose “the relevant date” is—

(a)
the date of the previous tenant’s death, or

(b)
if the court so directs, the date on which, in the opinion of

the court, the landlord (or, in the case of joint landlords,

any one of them) became aware of the previous tenant’s

death.


The matters to be taken into account by the court in determining

whether it is reasonable to make an order on this ground

include—

(a)
the age of the tenant,

(b)
the period (if any) during which the tenant has occupied

the dwelling-house as the tenant’s only or principal

home, and

(c)
any financial or other support given by the tenant to the

previous tenant.”

(3)
In that Part of that Schedule, in Ground 16 (vesting of tenancy in member

of previous tenant’s family other than his or her spouse or civil partner)—

(a)
at the beginning of the first unnumbered paragraph for “The

accommodation afforded by the dwelling-house” substitute “The

dwelling-house is in Wales, the accommodation afforded by it”,

(b)
in the first unnumbered paragraph—

(i)
in paragraph (a) after “tenancy)” insert “or 90 (devolution of

term certain)”, and

(ii)
in paragraph (b) for “the date of the previous tenant’s

death” substitute “the relevant date”, and

(c)
after the first unnumbered paragraph insert—


“For this purpose “the relevant date” is—

(a)
the date of the previous tenant’s death, or

(b)
if the court so directs, the date on which, in the

opinion of the court, the landlord (or, in the case

of joint landlords, any one of them) became aware

of the previous tenant’s death.”

(4)
In section 7 of the Housing Act 1988 (orders for possession of assured

tenancies) after subsection (6) insert—

“(6A)
In the case of a dwelling-house in England, subsection (6)(a) has

effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this

Act.”

(5)
In Part 1 of Schedule 2 to that Act (grounds for possession of dwelling-

houses let on assured tenancies: grounds on which court must order

possession) in Ground 7 (devolution of tenancy under will or intestacy)—

71

(a)
in the first unnumbered paragraph, after “tenancy)” insert “, or a

fixed term tenancy of a dwelling-house in England,”,

(b)
in the second unnumbered paragraph—

(i)
omit “periodic”, and

(ii)
after “period” insert “or length of term”, and

(c)
after that paragraph insert—


“This ground does not apply to a fixed term tenancy that

is a lease of a dwelling-house—

(a)
granted on payment of a premium calculated by

reference to a percentage of the value of the

dwelling-house or of the cost of providing it, or

(b)
under which the lessee (or the lessee’s personal

representatives) will or may be entitled to a sum

calculated by reference, directly or indirectly, to

the value of the dwelling-house.””
Clause 141
203
Page 137, line 7, at end insert—

“(1)
In section 20B(2) of the Housing Act 1988 (demoted assured shorthold

tenancy lasts for one year unless subsection (3) applies) after “subsection

(3) applies” insert “, but see section 20BA”.

(2)
”
204
Page 137, line 8, at end insert—

““20BA
Assured shorthold tenancies following demoted tenancies

(1)
Subsection (2) applies if—

(a)
section 20B applies to an assured shorthold tenancy of a

dwelling-house in England (“the demoted tenancy”),

(b)
the landlord is a private registered provider of social

housing,

(c)
the demoted tenancy was created by an order under section

6A made after the coming into force of section 141(2) of the

Localism Act 2011,

(d)
the assured tenancy that was terminated by that order was

an assured shorthold tenancy that, whether or not it was a

fixed term tenancy when terminated by the order, was

granted for a term certain of not less than two years,

(e)
apart from subsection (2), the demoted tenancy would cease

to be an assured shorthold tenancy by virtue of section

20B(2) or (4), and

(f)
the landlord has served a notice within subsection (3) on the

tenant before the demoted tenancy ceases to be an assured

shorthold tenancy by virtue of section 20B(2) or (4).

(2)
The demoted tenancy does not cease to be an assured shorthold

tenancy by virtue of section 20B(2) or (4), and at the time when it

would otherwise cease to be an assured shorthold tenancy by virtue

of section 20B(2) to (4)—

(a)
it becomes an assured shorthold tenancy which is a fixed

term tenancy for a term certain, and

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(b)
section 20B ceases to apply to it.

(3)
The notice must—

(a)
state that, on ceasing to be a demoted assured shorthold

tenancy, the tenancy will become an assured shorthold

tenancy which is a fixed term tenancy for a term certain of

the length specified in the notice,

(b)
specify a period of at least two years as the length of the

term of the tenancy, and

(c)
set out the other express terms of the tenancy.

(4)
Where an assured shorthold tenancy becomes a fixed term tenancy

by virtue of subsection (2)—

(a)
the length of its term is that specified in the notice under

subsection (3), and

(b)
its other express terms are those set out in the notice.”

(3)
Before section 21 of the Housing Act 1988 insert—”
205
Page 137, line 14, at end insert—

(aa)
the dwelling-house is in England,”
206
Page 137, line 21, leave out “141” and insert “141(3)”
Clause 142
207
Page 137, line 26, after “tenancy” insert “of a dwelling-house in England”
Clause 144
208
Page 138, line 20, after “dwelling-house” insert “in England”
Clause 158
209
Page 144, line 7, after “person” insert “unless paragraph 7AA applies”
210
Page 144, line 11, at end insert—

“(1A)
Sub-paragraph (1) is subject to paragraph 7AA (complaints that

need not be made by way of referral).”
211
Page 144, line 33, at end insert—

“Complaints that need not be made by way of referral by designated person

7AA(1)
Paragraph 7A(1) does not apply in relation to a complaint against

a social landlord made to a housing ombudsman under an

approved scheme if the ombudsman is satisfied that—

(a)
the social landlord has procedures for considering

complaints against the social landlord,

(b)
the matter that forms the subject of the complaint has

been submitted to those procedures,

(c)
those procedures have been exhausted, and

(d)
the complaint has been made to the ombudsman after the

end of the eight weeks beginning with the day on which

those procedures were exhausted.

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      (2)
Paragraph 7A(1) does not apply in relation to a complaint against

a social landlord made to a housing ombudsman under an

approved scheme if—

(a)
the ombudsman is satisfied that a designated person—

(i)
has refused to refer the complaint to a housing

ombudsman under an approved scheme, or

(ii)
has agreed to the complaint being made

otherwise than by way of a referral by a

designated person, and

(b)
the refusal, or agreement, is in writing or the ombudsman

is satisfied that it has been confirmed in writing.

      (3)
Paragraph 7A(2) (meaning of “designated person”) applies also

for the purposes of sub-paragraph (2).”
After Clause 161
212
Insert the following new Clause—

“Tenants’ deposits

Tenancy deposit schemes

(1)
The Housing Act 2004 is amended as follows.

(2)
In section 213 (requirements relating to tenancy deposits)—

(a)
in subsection (3) (landlord’s requirement to comply with initial

requirements within 14 days of receipt of deposit) for “14”

substitute “30”, and

(b)
in subsection (6)(b) (landlord’s requirement to give tenant

information within 14 days of receipt of deposit) for “14” substitute

“30”.

(3)
Section 214 (proceedings relating to tenancy deposits) is amended as

follows.

(4)
In subsection (1) (grounds for an application to a county court) for

paragraph (a) substitute—

“(a)
that section 213(3) or (6) has not been complied with in

relation to the deposit, or”.

(5)
After subsection (1) insert—

“(1A)
Subsection (1) also applies in a case where the tenancy has ended,

and in such a case the reference in subsection (1) to the tenant is to

a person who was a tenant under the tenancy.”

(6)
In subsection (2) (conditions for a remedy)—

(a)
in the opening words for “if on such an application” substitute “in

the case of an application under subsection (1) if the tenancy has not

ended and”, and

(b)
for paragraph (a) substitute—

“(a)
is satisfied that section 213(3) or (6) has not been

complied with in relation to the deposit, or”.

(7)
After subsection (2) insert—