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Lords Amendments to the Deregulation Bill


 
 

 

LORDS amendments to the

Deregulation Bill

[The page and line references are to HL Bill 33, the bill as first printed for the Lords.]

Clause 1

Page 1, line 10, at end insert—

“( )    

After subsection (2) insert—

“(2A)    

A description of undertaking included in regulations under

subsection (2) may be framed by reference to—

(a)    

the type of activities carried out by the undertaking, where

those activities are carried out or any other feature of the

undertaking;

(b)    

whether persons who may be affected by the conduct of the

undertaking, other than the self-employed person (or his

employees), may thereby be exposed to risks to their health

or safety.””

Page 1, line 17, at end insert—

“( )    

In section 82 (general provisions as to interpretation and regulations)—

(a)    

in subsection (3)(b) for “subsection (3A) or (4)” substitute

“subsection (3A), (3B) or (4)”;

(b)    

after subsection (3A) insert—

“(3B)    

Regulations under section 3(2) shall not be made unless a

draft has been laid before and approved by resolution of

each House of Parliament.””

Clause 10

Leave out Clause 10

Clause 26

Page 22, line 44, leave out “or (3)(b)” and insert “, (3)(b) or (5)”

 
Bill 18355/4

 
 

2

 

After Clause 30

Insert the following new Clause—

“Tenancy deposits: provision of information by agents

(1)    

The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I.

2007/797) is amended as follows.

(2)    

In article 2 (prescribed information relating to tenancy deposits), after

paragraph (2) insert—

“(3)    

In a case where the initial requirements of an authorised scheme

have been complied with in relation to the deposit by a person (“the

initial agent”) acting on the landlord’s behalf in relation to the

tenancy—

(a)    

references in paragraph (1)(b), (g)(iii) and (vii) to the

landlord are to be read as references to either the landlord

or the initial agent;

(b)    

references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to

the landlord are to be read as references to either the

landlord or a person who acts on the landlord’s behalf in

relation to the tenancy.

(4)    

In any other case, references in paragraphs (1)(d), (e), (g)(iv) and

(vi) and (2) to the landlord are to be read as references to either the

landlord or a person who acts on the landlord’s behalf in relation to

the tenancy.

(5)    

Section 212(9)(a) of the Act (references to landlord include persons

acting on landlord’s behalf) does not apply for the purposes of this

article.”

(3)    

After article 2 insert—

“3      

Article 2(3) to (5): transitional provisions

(1)    

Paragraphs (3) to (5) of article 2 are treated as having had effect

since 6th April 2007, subject to the following provisions of this

article.

(2)    

Paragraphs (3) to (5) of article 2 do not have effect in relation to—

(a)    

a claim under section 214 of the Act or section 21 of the

Housing Act 1988 in respect of a tenancy which is settled

before the commencement date (whether or not

proceedings in relation to the claim have been instituted), or

(b)    

proceedings under either of those sections in respect of a

tenancy which have been finally determined before the

commencement date.

(3)    

Paragraph (5) applies in respect of a tenancy if—

(a)    

proceedings under section 214 of the Act in respect of the

tenancy have been instituted before the commencement

date but have not been settled or finally determined before

that date, and

(b)    

because of paragraphs (3) to (5) of article 2, the court

decides—


 
 

3

 
 

(i)    

not to make an order under section 214(4) of that Act

 

in respect of the tenancy, or

 

(ii)    

to allow an appeal by the landlord against such an

 

order.

 

(4)    

Paragraph (5) also applies in respect of a tenancy if—

 

(a)    

proceedings for possession under section 21 of the Housing

 

Act 1988 in respect of the tenancy have been instituted

 

before the commencement date but have not been settled or

 

finally determined before that date, and

 

(b)    

because of paragraphs (3) to (5) of article 2, the court

 

decides—

 

(i)    

to make an order for possession under that section in

 

respect of the tenancy, or

 

(ii)    

to allow an appeal by the landlord against a refusal

 

to make such an order.

 

(5)    

Where this paragraph applies, the court must not order the tenant

 

or any relevant person (as defined by section 213(10) of the Act) to

 

pay the landlord’s costs, to the extent that the court reasonably

 

considers those costs are attributable to the proceedings under

 

section 214 of the Act or (as the case may be) section 21 of the

 

Housing Act 1988.

 

(6)    

Proceedings have been “finally determined” for the purposes of this

 

article if—

 

(a)    

they have been determined by a court, and

 

(b)    

there is no further right to appeal against the determination.

 

(7)    

There is no further right to appeal against a court determination if

 

there is no right to appeal against the determination, or there is such

 

a right but—

 

(a)    

the time limit for making an appeal has expired without an

 

appeal being brought, or

 

(b)    

an appeal brought within that time limit has been

 

withdrawn.

 

(8)    

In this article “the commencement date” means the date on which

 

the Deregulation Act 2015 is passed.”

 

(4)    

The amendments made by this section to the Housing (Tenancy Deposits)

 

(Prescribed Information) Order 2007 (S.I. 2007/797) do not affect a power

 

to use subordinate legislation to amend or revoke that Order.

 

(5)    

In subsection (4), “subordinate legislation” has the same meaning as in the

 

Interpretation Act 1978.”

 

Insert the following new Clause—

 

“Tenancy deposits: non-compliance with requirements

 

(1)    

Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is

 

amended as follows.

 

(2)    

In section 214 (proceedings relating to tenancy deposits), in subsection (1)

 

after “shorthold tenancy” insert “on or after 6 April 2007”.

 

(3)    

In section 215 (sanctions for non-compliance)—


 
 

4

 
 

(a)    

for subsection (1) substitute—

 

“(1)    

Subject to subsection (2A), if (whether before, on or after 6

 

April 2007) a tenancy deposit has been paid in connection

 

with a shorthold tenancy, no section 21 notice may be given

 

in relation to the tenancy at a time when the deposit is not

 

being held in accordance with an authorised scheme.

 

(1A)    

Subject to subsection (2A), if a tenancy deposit has been

 

paid in connection with a shorthold tenancy on or after 6

 

April 2007, no section 21 notice may be given in relation to

 

the tenancy at a time when section 213(3) has not been

 

complied with in relation to the deposit.”;

 

(b)    

in subsection (2A), after “Subsections (1)” insert “, (1A)”.”

Clause 31

Page 25, line 7, leave out “and”

Page 25, line 10, at end insert—

“(c)    

on the coming to an end of the fixed term tenancy, all or part of the

deposit paid in connection with the fixed term tenancy is held in

connection with the periodic tenancy, and

(d)    

the requirements of section 213(3), (5) and (6) have not been

complied with by the landlord in relation to the deposit held in

connection with the periodic tenancy.”

Page 25, line 39, leave out “respect of” and insert “relation to”

Page 25, line 41, leave out from “section” to end of line 43 and insert ““the

commencement date” means the date on which the Deregulation Act 2015 is

passed.”

Page 25, line 44, leave out from beginning to end of line 2 on page 27 and insert—

“215BA 

Shorthold tenancies: deposit received on or after 6 April 2007

(1)    

This section applies where—

(a)    

on or after 6 April 2007, a tenancy deposit has been received by a

landlord in connection with a shorthold tenancy (“the original

tenancy”),

(b)    

the initial requirements of an authorised scheme have been

complied with by the landlord in relation to the deposit (ignoring

any requirement to take particular steps within any specified

period),

(c)    

the requirements of section 213(5) and (6)(a) have been complied

with by the landlord in relation to the deposit when it is held in

connection with the original tenancy (ignoring any deemed

compliance under section 215A(4)),

(d)    

a new shorthold tenancy comes into being on the coming to an end

of the original tenancy or a tenancy that replaces the original

tenancy (directly or indirectly),

(e)    

the new tenancy replaces the original tenancy (directly or

indirectly), and

(f)    

when the new tenancy comes into being, the deposit continues to be

held in connection with the new tenancy, in accordance with the


 
 

5

 
 

same authorised scheme as when the requirements of section 213(5)

 

and (6)(a) were last complied with by the landlord in relation to the

 

deposit.

 

(2)    

In their application to the new tenancy, the requirements of section 213(3),

 

(5) and (6) are treated as if they had been complied with by the landlord in

 

relation to the deposit.

 

(3)    

The condition in subsection (1)(a) may be met in respect of a tenancy even

 

if the tenancy deposit was first received in connection with an earlier

 

tenancy (including where it was first received before 6 April 2007).

 

(4)    

For the purposes of this section, a tenancy replaces an earlier tenancy if—

 

(a)    

the landlord and tenant immediately before the coming to an end of

 

the earlier tenancy are the same as the landlord and tenant at the

 

start of the new tenancy, and

 

(b)    

the premises let under both tenancies are the same or substantially

 

the same.”

 

Page 27, line 3, leave out “to 215C” and insert “and 215BA”

 

Page 27, line 4, leave out “to 215C” and insert “and 215BA”

 

Page 27, line 6, leave out “to 215C” and insert “and 215BA”

 

Page 27, line 18, leave out “, 215B(2) or section 215C(2)” and insert “or 215BA(2)”

 

Page 27, line 28, leave out “, 215B(2) or 215C(2)” and insert “or 215BA(2)”

 

Page 28, line 1, at end insert—

 

“(8)    

In this section “the commencement date” means the date on which the

 

Deregulation Act 2015 is passed.”

After Clause 31

Insert the following new Clause—

“Preventing retaliatory eviction

(1)    

Where a relevant notice is served in relation to a dwelling-house in

England, a section 21 notice may not be given in relation to an assured

shorthold tenancy of the dwelling-house—

(a)    

within six months beginning with the day of service of the relevant

notice, or

(b)    

where the operation of the relevant notice has been suspended,

within six months beginning with the day on which the suspension

ends.

(2)    

A section 21 notice given in relation to an assured shorthold tenancy of a

dwelling-house in England is invalid where—

(a)    

before the section 21 notice was given, the tenant made a complaint

in writing to the landlord regarding the condition of the dwelling-

house at the time of the complaint,

(b)    

the landlord—

(i)    

did not provide a response to the complaint within 14 days

beginning with the day on which the complaint was given,


 
 

6

 
 

(ii)    

provided a response to the complaint that was not an

 

adequate response, or

 

(iii)    

gave a section 21 notice in relation to the dwelling-house

 

following the complaint,

 

(c)    

the tenant then made a complaint to the relevant local housing

 

authority about the same, or substantially the same, subject matter

 

as the complaint to the landlord,

 

(d)    

the relevant local housing authority served a relevant notice in

 

relation to the dwelling-house in response to the complaint, and

 

(e)    

if the section 21 notice was not given before the tenant’s complaint

 

to the local housing authority, it was given before the service of the

 

relevant notice.

 

(3)    

The reference in subsection (2) to an adequate response by the landlord is

 

to a response in writing which—

 

(a)    

provides a description of the action that the landlord proposes to

 

take to address the complaint, and

 

(b)    

sets out a reasonable timescale within which that action will be

 

taken.

 

(4)    

Subsection (2) applies despite the requirement in paragraph (a) for a

 

complaint to be in writing not having been met where the tenant does not

 

know the landlord’s postal or e-mail address.

 

(5)    

Subsection (2) applies despite the requirements in paragraphs (a) and (b)

 

not having been met where the tenant made reasonable efforts to contact

 

the landlord to complain about the condition of the dwelling-house but

 

was unable to do so.

 

(6)    

The court must strike out proceedings for an order for possession under

 

section 21 of the Housing Act 1988 in relation to a dwelling-house in

 

England if, before the order is made, the section 21 notice that would

 

otherwise require the court to make an order for possession in relation to

 

the dwelling-house has become invalid under subsection (2).

 

(7)    

An order for possession of a dwelling-house in England made under

 

section 21 of the Housing Act 1988 must not be set aside on the ground that

 

a relevant notice was served in relation to the dwelling-house after the

 

order for possession was made.

 

(8)    

Subsection (1) does not apply where the section 21 notice is given after—

 

(a)    

the relevant notice has been wholly revoked under section 16 of the

 

Housing Act 2004 as a result of the notice having been served in

 

error,

 

(b)    

the relevant notice has been quashed under paragraph 15 of

 

Schedule 1 to that Act,

 

(c)    

a decision of the relevant local housing authority to refuse to revoke

 

the relevant notice has been reversed under paragraph 18 of

 

Schedule 1 to that Act, or

 

(d)    

a decision of the relevant local housing authority to take the action

 

to which the relevant notice relates has been reversed under section

 

45 of that Act.

 

(9)    

Subsection (2) does not apply where the operation of the relevant notice has

 

been suspended.


 
 

7

 
 

(10)    

References in this section and section (Further exemptions to section

 

(Preventing retaliatory eviction)) to a relevant notice served, or complaint

 

made, in relation to a dwelling-house include a relevant notice served, or

 

complaint made, in relation to any common parts of the building of which

 

the dwelling-house forms a part.

 

(11)    

But subsection (10) applies only if—

 

(a)    

the landlord has a controlling interest in the common parts in

 

question, and

 

(b)    

the condition of those common parts is such as to affect the tenant’s

 

enjoyment of the dwelling-house or of any common parts which the

 

tenant is entitled to use.

 

(12)    

In this s ection and section (Further exemptions to section (Preventing

 

retaliatory eviction)) a reference to a complaint to a landlord includes a

 

complaint made to a person acting on behalf of the landlord in relation to

 

the tenancy.

 

(13)    

In this section and section (Further exemptions to section (Preventing

 

retaliatory eviction))—

 

“assured shorthold tenancy” means a tenancy within section 19A or 20

 

of the Housing Act 1988;

 

“common parts”, in relation to a building, includes—

 

(a)    

the structure and exterior of the building, and

 

(b)    

common facilities provided (whether or not in the building)

 

for persons who include one or more of the occupiers of the

 

building;

 

“controlling interest” means an interest which is such as to entitle the

 

landlord to decide whether action is taken in relation to a complaint

 

within this section or a relevant notice.

 

“dwelling-house” has the meaning given by section 45 of the Housing

 

Act 1988;

 

“relevant local housing authority”, in relation to a dwelling-house,

 

means the local housing authority as defined in section 261(2) and

 

(3) of the Housing Act 2004 within whose area the dwelling-house

 

is located;

 

“relevant notice” means—

 

(a)    

a notice served under section 11 of the Housing Act 2004

 

(improvement notices relating to category 1 hazards),

 

(b)    

a notice served under section 12 of that Act (improvement

 

notices relating to category 2 hazards), or

 

(c)    

a notice served under section 40(7) of that Act (emergency

 

remedial action);

 

“section 21 notice” means a notice given under section 21(1)(b) or

 

(4)(a) of the Housing Act 1988 (recovery of possession on

 

termination of shorthold tenancy).”

 

Insert the following new Clause—

 

“Further exemptions to section (Preventing retaliatory eviction)

 

(1)    

Subsections (1) and (2) of section (Preventing retaliatory eviction) do not

 

apply where the condition of the dwelling-house or common parts that

 

gave rise to the service of the relevant notice is due to a breach by the tenant

 

of—


 
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