Session 2010 - 12
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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—


 
 

70

 
 

(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


 
 

72

 
 

(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.


 
 

73

 
 

      (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—


 
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