|
|
| |
| | |
|
| “(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 |
|
| |
| (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 |
|
| |
|
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 |
|
| |
| (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— |
|
| |
| | The dwelling-house is in England, the accommodation afforded |
|
| by it is more extensive than is reasonably required by the tenant |
|
| |
|
|
| |
| | |
|
| (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 |
|
| |
| | 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 |
|
| |
| | The matters to be taken into account by the court in determining |
|
| whether it is reasonable to make an order on this ground |
|
| |
| (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 |
|
| |
| (c) | any financial or other support given by the tenant to the |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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)— |
|
|
|
| |
| | |
|
| (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— |
|
| |
| (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.”” |
|
|
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”. |
|
| |
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 |
|
| |
| (c) | the demoted tenancy was created by an order under section |
|
| 6A made after the coming into force of section 141(2) of the |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
| |
| | |
|
| (b) | section 20B ceases to apply to it. |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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)” |
|
|
207 | Page 137, line 26, after “tenancy” insert “of a dwelling-house in England” |
|
|
208 | Page 138, line 20, after “dwelling-house” insert “in England” |
|
|
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. |
|
|
|
| |
| | |
|
| (2) | Paragraph 7A(1) does not apply in relation to a complaint against |
|
| a social landlord made to a housing ombudsman under an |
|
| |
| (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 |
|
| |
| (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).” |
|
|
212 | Insert the following new Clause— |
|
| |
| |
| (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” |
|
| |
| (b) | in subsection (6)(b) (landlord’s requirement to give tenant |
|
| information within 14 days of receipt of deposit) for “14” substitute |
|
| |
| (3) | Section 214 (proceedings relating to tenancy deposits) is amended as |
|
| |
| (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 |
|
| |
| (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— |
|
|