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Lords Amendments to the Deregulation Bill


 
 

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(a)    

the duty to use the dwelling-house in a tenant-like manner, or

 

(b)    

an express term of the tenancy to the same effect.

 

(2)    

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

 

apply where at the time the section 21 notice is given the dwelling-house is

 

genuinely on the market for sale.

 

(3)    

For the purposes of subsection (2), a dwelling-house is not genuinely on the

 

market for sale if, in particular, the landlord intends to sell the landlord’s

 

interest in the dwelling-house to—

 

(a)    

a person associated with the landlord,

 

(b)    

a business partner of the landlord,

 

(c)    

a person associated with a business partner of the landlord, or

 

(d)    

a business partner of a person associated with the landlord.

 

(4)    

In subsection (3), references to a person who is associated with another

 

person are to be read in accordance with section 178 of the Housing Act

 

1996.

 

(5)    

For the purposes of subsection (3), a business partner of a person (“P”) is a

 

person who is—

 

(a)    

a director, secretary or other officer of a company of which P is also

 

a director, secretary or other officer,

 

(b)    

a director, secretary or other officer of a company in which P has a

 

shareholding or other financial interest,

 

(c)    

a person who has a shareholding or other financial interest in a

 

company of which P is a director, secretary or other officer,

 

(d)    

an employee of P,

 

(e)    

a person by whom P is employed, or

 

(f)    

a partner of a partnership of which P is also a partner.

 

(6)    

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

 

apply where the landlord is a private registered provider of social housing.

 

(7)    

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

 

apply where—

 

(a)    

the dwelling-house is subject to a mortgage granted before the

 

beginning of the tenancy,

 

(b)    

the mortgagee is entitled to exercise a power of sale conferred on

 

the mortgagee by the mortgage or by section 101 of the Law of

 

Property Act 1925, and

 

(c)    

at the time the section 21 notice is given the mortgagee requires

 

possession of the dwelling-house for the purpose of disposing of it

 

with vacant possession in exercise of that power.

 

(8)    

In subsection (7)—

 

(a)    

“mortgage” includes a charge, and

 

(b)    

“mortgagee” includes a receiver appointed by the mortgagee under

 

the terms of the mortgage or in accordance with the Law of

 

Property Act 1925.”

 

Insert the following new Clause—


 
 

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“Notice to be provided in relation to periodic assured shorthold tenancies

 

In section 21 of the Housing Act 1988 (recovery of possession on

 

termination of shorthold tenancy), after subsection (4) insert—

 

“(4ZA)    

In the case of a dwelling-house in England, subsection (4)(a) above

 

has effect with the omission of the requirement for the date

 

specified in the notice to be the last day of a period of the tenancy.””

 

Insert the following new Clause—

 

“Time limits in relation to section 21 notices and proceedings

 

(1)    

Section 21 of the Housing Act 1988 is amended as follows.

 

(2)    

After subsection (4A) insert—

 

“(4B)    

A notice under subsection (1) or (4) may not be given in relation to

 

an assured shorthold tenancy of a dwelling-house in England—

 

(a)    

in the case of a tenancy which is not a replacement tenancy,

 

within the period of four months beginning with the day on

 

which the tenancy began, and

 

(b)    

in the case of a replacement tenancy, within the period of

 

four months beginning with the day on which the original

 

tenancy began.

 

(4C)    

Subsection (4B) does not apply where the tenancy has arisen due to

 

section 5(2).

 

(4D)    

Subject to subsection (4E), proceedings for an order for possession

 

under this section in relation to a dwelling-house in England may

 

not be begun after the end of the period of six months beginning

 

with the date on which the notice was given under subsection (1) or

 

(4).

 

(4E)    

Where—

 

(a)    

a notice under subsection (4) has been given in relation to a

 

dwelling-house in England, and

 

(b)    

paragraph (b) of that subsection requires the date specified

 

in the notice to be more than two months after the date the

 

notice was given,

 

    

proceedings for an order for possession under this section may not

 

be begun after the end of the period of four months beginning with

 

the date specified in the notice.”

 

(3)    

In subsection (6), for “subsection” substitute “subsections (4B)(b) and”.”

 

Insert the following new Clause—

 

“Prescribed form of section 21 notices

 

In section 21 of the Housing Act 1988, after subsection (7) insert—

 

“(8)    

The Secretary of State may by regulations made by statutory

 

instrument prescribe the form of a notice under subsection (1) or (4)

 

given in relation to an assured shorthold tenancy of a dwelling-

 

house in England.


 
 

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(9)    

A statutory instrument containing regulations made under

 

subsection (8) is subject to annulment in pursuance of a resolution

 

of either House of Parliament.””

 

Insert the following new Clause—

 

“Compliance with prescribed legal requirements

 

After section 21 of the Housing Act 1988 insert—

 

“21A  

Compliance with prescribed legal requirements

 

(1)    

A notice under subsection (1) or (4) of section 21 may not be given

 

in relation to an assured shorthold tenancy of a dwelling-house in

 

England at a time when the landlord is in breach of a prescribed

 

requirement.

 

(2)    

The requirements that may be prescribed are requirements

 

imposed on landlords by any enactment and which relate to—

 

(a)    

the condition of dwelling-houses or their common parts,

 

(b)    

the health and safety of occupiers of dwelling-houses, or

 

(c)    

the energy performance of dwelling-houses.

 

(3)    

In subsection (2) “enactment” includes an enactment contained in

 

subordinate legislation within the meaning of the Interpretation

 

Act 1978.

 

(4)    

For the purposes of subsection (2)(a) “common parts” has the same

 

meaning as in Ground 13 in Part 2 of Schedule 2.

 

(5)    

A statutory instrument containing regulations made under this

 

section is subject to annulment in pursuance of a resolution of either

 

House of Parliament.””

 

Insert the following new Clause—

 

“Requirement for landlord to provide prescribed information

 

After section 21A of the Housing Act 1988 insert—

 

“21B  

Requirement for landlord to provide prescribed information

 

(1)    

The Secretary of State may by regulations require information

 

about the rights and responsibilities of a landlord and a tenant

 

under an assured shorthold tenancy of a dwelling-house in

 

England (or any related matters) to be given by a landlord under

 

such a tenancy, or a person acting on behalf of such a landlord, to

 

the tenant under such a tenancy.

 

(2)    

Regulations under subsection (1) may—

 

(a)    

require the information to be given in the form of a

 

document produced by the Secretary of State or another

 

person,

 

(b)    

provide that the document to be given is the version that has

 

effect at the time the requirement applies, and

 

(c)    

specify cases where the requirement does not apply.

 

(3)    

A notice under subsection (1) or (4) of section 21 may not be given

 

in relation to an assured shorthold tenancy of a dwelling-house in


 
 

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England at a time when the landlord is in breach of a requirement

 

imposed by regulations under subsection (1).

 

(4)    

A statutory instrument containing regulations made under

 

subsection (1) is subject to annulment in pursuance of a resolution

 

of either House of Parliament.””

 

Insert the following new Clause—

 

“Repayment of rent where tenancy ends before end of a period

 

After section 21B of the Housing Act 1988 insert—

 

“21C  

Repayment of rent where tenancy ends before end of a period

 

(1)    

A tenant under an assured shorthold tenancy of a dwelling-house

 

in England is entitled to a repayment of rent from the landlord

 

where—

 

(a)    

as a result of the service of a notice under section 21 the

 

tenancy is brought to an end before the end of a period of

 

the tenancy,

 

(b)    

the tenant has paid rent in advance for that period, and

 

(c)    

the tenant was not in occupation of the dwelling-house for

 

one or more whole days of that period.

 

(2)    

The amount of repayment to which a tenant is entitled under

 

subsection (1) is to be calculated in accordance with the following

 

formula—equation: cross[char[R],over[char[D],char[P]]]

 

    

where—

 

R is the rent paid for the final period;

 

D is the number of whole days of the final period for which the

 

tenant was not in occupation of the dwelling-house; and

 

P is the number of whole days in that period.

 

(3)    

If the repayment of rent described in subsections (1) and (2) has not

 

been made when the court makes an order for possession under

 

section 21, the court must order the landlord to repay the amount of

 

rent to which the tenant is entitled.

 

(4)    

Nothing in this section affects any other right of the tenant to a

 

repayment of rent from the landlord.””

 

Insert the following new Clause—

 

“Application of sections (Preventing retaliatory eviction) to (Repayment of rent

 

where tenancy ends before end of a period)

 

(1)    

Subject to subsections (2) and (3), a provision of sections (Preventing

 

retaliatory eviction) to (Repayment of rent where tenancy ends before end of a

 

period) applies only to an assured shorthold tenancy of a dwelling-house in

 

England granted on or after the day on which the provision comes into

 

force.

 

(2)    

Subject to subsection (3), a provision of sections (Preventing retaliatory

 

eviction) to (Repayment of rent where tenancy ends before end of a period) does


 
 

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not apply to an assured shorthold tenancy that came into being under

 

section 5(2) of the Housing Act 1988 after the commencement of that

 

provision and on the coming to an end of an assured shorthold tenancy that

 

was granted before the commencement of that provision.

 

(3)    

At the end of the period of three years beginning with the coming into force

 

of a provision of sections (Preventing retaliatory eviction) to (Compliance with

 

prescribed legal requirements) or section (Repayment of rent where tenancy ends

 

before end of a period), that provision also applies to any assured shorthold

 

tenancy of a dwelling-house in England—

 

(a)    

which is in existence at that time, and

 

(b)    

to which that provision does not otherwise apply by virtue of

 

subsection (1) or (2).”

After Clause 33

Insert the following new Clause—

“Short-term use of London accommodation: relaxation of restrictions

(1)    

The Greater London Council (General Powers) Act 1973 is amended as

follows.

(2)    

In section 25 (provision of temporary sleeping accommodation to

constitute material change of use), after subsection (1) insert—

“(1A)    

Subsection (1) is subject to section 25A.”

(3)    

After section 25 insert—

“25A  

Exception to section 25

(1)    

Despite section 25(1), the use as temporary sleeping

accommodation of any residential premises in Greater London

does not involve a material change of use if two conditions are met.

(2)    

The first is that the sum of—

(a)    

the number of nights of use as temporary sleeping

accommodation, and

(b)    

the number of nights (if any) of each previous use of the

premises as temporary sleeping accommodation in the

same calendar year,

    

does not exceed ninety.

(3)    

The second is that, in respect of each night which falls to be counted

under subsection (2)(a)—

(a)    

the person who provided the sleeping accommodation for

the night was liable to pay council tax under Part 1 of the

Local Government Finance Act 1992 in respect of the

premises, or

(b)    

where more than one person provided the sleeping

accommodation for the night, at least one of those persons

was liable to pay council tax under Part 1 of that Act in

respect of the premises.

(4)    

For the purposes of subsection (2)(b), it does not matter whether

any previous use was by the same person.”


 
 

13

 
 

(4)    

After section 25A (inserted by subsection (3) above) insert—

 

“25B  

Further provision about section 25A

 

(1)    

The local planning authority or the Secretary of State may direct

 

that section 25A is not to apply—

 

(a)    

to particular residential premises specified in the direction;

 

(b)    

to residential premises situated in a particular area specified

 

in the direction.

 

(2)    

A direction under subsection (1) may be given only if the local

 

planning authority or (as the case may be) the Secretary of State

 

considers that it is necessary to protect the amenity of the locality.

 

(3)    

The local planning authority may give a direction under subsection

 

(1) only with the consent of the Secretary of State.

 

(4)    

A direction under subsection (1) may be revoked by the person who

 

gave it, whether or not an application is made for the revocation.

 

(5)    

The Secretary of State may—

 

(a)    

delegate the functions of the Secretary of State under

 

subsection (1) or (4) to the local planning authority;

 

(b)    

direct that a local planning authority may give directions

 

under this section without the consent of the Secretary of

 

State.

 

(6)    

The Secretary of State may revoke a delegation under subsection

 

(5)(a) or a direction under subsection (5)(b).

 

(7)    

The Secretary of State may by regulations made by statutory

 

instrument make provision—

 

(a)    

as to the procedure which must be followed in connection

 

with the giving of a direction under subsection (1) or in

 

connection with the revocation of such a direction under

 

subsection (4);

 

(b)    

as to the information which must be provided where the

 

local planning authority seeks the consent of the Secretary

 

of State to the giving of a direction under subsection (1).

 

(8)    

A statutory instrument containing regulations under subsection (7)

 

is subject to annulment in pursuance of a resolution of either House

 

of Parliament.

 

(9)    

In this section, “local planning authority” has the same meaning as

 

in the Town and Country Planning Act 1990 (see section 336(1) of

 

that Act).””

Clause 34

Page 29, line 2, leave out from “instrument” to end of line 6 and insert “provide that

section 25(1) of the Greater London Council (General Powers) Act 1973 does not

apply if conditions specified by the regulations are met.”

Page 29, line 7, leave out subsection (2) and insert—

“( )    

Regulations under subsection (1) must include provision corresponding to

section 25B of that Act.”


 
 

14

 
 

Page 29, line 21, leave out subsection (6)

After Clause 34

Insert the following new Clause—

“Designation of urban development areas: procedure

(1)    

Section 134 of the Local Government, Planning and Land Act 1980 (urban

development areas) is modified as follows in relation to an order under

subsection (1) of that section designating any area of land in England as an

urban development area that is contained in an instrument laid before

Parliament on or before 31 March 2016.

(2)    

The section has effect as if after subsection (1) there were inserted—

“(1A)    

Before making an order under subsection (1), the Secretary of State

must consult the following persons—

(a)    

persons who appear to the Secretary of State to represent

those living within, or in the vicinity of, the proposed urban

development area;

(b)    

persons who appear to the Secretary of State to represent

businesses with any premises within, or in the vicinity of,

the proposed urban development area;

(c)    

each local authority for an area which falls wholly or partly

within the proposed urban development area; and

(d)    

any other person whom the Secretary of State considers it

appropriate to consult.”

(3)    

The section has effect as if for subsection (4) there were substituted—

“(4)    

A statutory instrument containing an order under subsection (1) is

subject to annulment in pursuance of a resolution of either House

of Parliament.”

(4)    

The duty to consult under section 134(1A) of the Local Government,

Planning and Land Act 1980 (inserted by subsection (2) above) may be

satisfied by consultation before this section comes into force.”

Insert the following new Clause—

“Establishment of urban development corporations: procedure

(1)    

Section 135 of the Local Government, Planning and Land Act 1980 (urban

development corporations) is modified as follows in relation to an order

under that section establishing an urban development corporation for an

urban development area in England that is contained in an instrument laid

before Parliament on or before 31 March 2016.

(2)    

The section has effect as if after subsection (1) there were inserted—

“(1A)    

Before making an order under this section, the Secretary of State

must consult the following persons—

(a)    

persons who appear to the Secretary of State to represent

those living within, or in the vicinity of, the urban

development area;


 
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