House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1763

House of Commons

Tuesday 10 March 2015

Consideration of Lords Amendments

New Amendments handed in are marked thus

Deregulation Bill

On Consideration of Lords Amendments to the Deregulation Bill

Note

The Amendments have been arranged in accordance with the Deregulation Bill

Programme (No. 3) Motion to be proposed by Mr Oliver Letwin.

Lords Amendment No. 38

Mr Oliver Letwin

To move, That this House disagrees with the Lords in their Amendment.

Mr Oliver Letwin

To move the following Amendments to the Bill in lieu of the Lords

Amendment:—

Mr Oliver Letwin

(a)

Page  45,  line  29,  at end insert—

“(3)
The Secretary of State must, before the end of the period of 3 months beginning

with the day on which the review is completed, lay before both Houses of

Parliament a report setting out the Secretary of State’s response to the review

which must include—

(a)
a statement as to whether the Secretary of State proposes to exercise the

power to make regulations under section 60(1)(a) or (b), and

Consideration of Lords Amendments:
1764

, continued

(b)
if the Secretary of State proposes to do so, an outline of the steps that the

Secretary of State proposes to take in consequence and when those steps

will be taken.”

Mr Oliver Letwin

(b)

Page  46,  line  26,  at end insert—

“(10A)
Regulations under subsection (1) may not be made so as to come into force before

1 April 2017.”

Lords Amendment No. 18

As Amendments to the Lords Amendment:—

Philip Davies

(a)

Page  5,  line  31,  after “notice”, insert “or until the repair has been carried out

whichever is earlier”

Philip Davies [R]

(b)

Page  5,  line  34,  after “ends”, insert “or until the repair has been carried out

whichever is earlier.”

Philip Davies [R]

(c)

Page  5,  line  41,  leave out “14” and insert “20 working”

Philip Davies [R]

(d)

Page  6,  line  13,  after “subsection (2)” insert “or subsection (11A)”

Philip Davies [R]

(e)

Page  6,  line  22,  leave out subsection (5).

Philip Davies [R]

(f)

Page  7,  line  11,  at end insert—

“(11A)
Where a landlord provides an adequate response to a complaint within the time

allowed by sub-section (2)(b)(i) the following provisions shall apply—

(a)
the local housing authority may not serve a relevant notice during the

timescale referred to in subsection (3)(b) in response to the complaint,

(b)
if, notwithstanding paragraph (a), a relevant notice is served by the local

housing authority in contravention of that paragraph, the relevant notice

Consideration of Lords Amendments:
1765

, continued

must be revoked under section 16 of the Housing Act 2014 or quashed

under paragraph 15 of schedule 1 to that Act, and

(c)
in any case, sub-section (2) shall cease to be of effect in relation to the

service of the relevant notice from the date when the remedial action

required by the relevant notice was satisfactorily completed in

accordance with the terms of the relevant notice.

(11B)
For the purposes of subsection (11A) the timescale referred to in subsection (3)(b)

shall be extended by such further period or periods as may be reasonable in the

circumstances where it is impractical to complete the remedial action within the

timescale proposed.”

Philip Davies [R]

(g)

Page  7,  line  24,  at end insert—

““condition of the dwelling-house” means any condition which could be the

subject of a relevant notice;”

Lords Amendment No. 19

As Amendments to the Lords Amendment:—

Philip Davies [R]

(b)

Page  8,  line  2,  at end insert—

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

where at the time the section 21 notice is given—

(a)
the landlord or anyone associated with them intends to take up residence

in the dwelling-house; or

(b)
the landlord wants to redevelop the dwelling-house; or

(c)
there is a compulsory purchase order against the dwelling-house; or

(d)
the landlord is under a legal duty to complete work or alter the building

and in order to do so the tenant needs to be removed from the property.”

Philip Davies [R]

(e)


Page  8,  line  2,  at end insert—

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

apply—

(a)
where the condition of the dwelling-house or common parts that gave rise

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

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

(ii)
an express term of the tenancy to the same effect; or

(b)
where—

(i)
prior to the section 21 notice being served, the tenant or a person

residing in or visiting the dwelling-house has been convicted

of—

Consideration of Lords Amendments:
1766

, continued

(a)
using the dwelling-house or allowing it to be used for

immoral or illegal purposes, or

(b)
an indictable offence committed in, or in the locality of,

the dwelling-house; or

(ii)
the tenant, being the sole tenant of the dwelling house, is in

prison at the time the section 21 notice is served; or

(iii)
the tenant has prevented the landlord from accessing the

property, contrary to the implied covenant in section 11(6) of the

Landlord and Tenant Act 1985 or any express term of the

tenancy agreement relating to the landlord’s access to the

property, in order to assess the state of repair in the previous 12

months or during the period in which the tenant’s complaint in

relation to the condition of the property is ongoing; or

(iv)
the tenant is at least eight weeks or two months (or the relevant

equivalent in accordance with schedule 2 to the Housing Act

1988) in arrears of rent that is lawfully due at the time the section

21 notice is given and this amount is still outstanding at the time

the court considers an order for possession.”

Philip Davies [R]

(c)

Page  8,  line  5,  at end insert “or where the landlord intends to sell the dwelling

house within six months.”

Philip Davies [R]

(d)

Page  8,  line  38,  at end insert—

“(d)
at the time the section 21 notice is given the landlord‘s reasons for

serving the notice are unrelated to the repairing issue.”

Lords Amendment No. 21

As an Amendment to the Lords Amendment:—

Philip Davies [R]

(a)

Page  9,  line  14,  leave out “four” and insert “two”

Consideration of Lords Amendments:
1767

, continued

Lords Amendment No. 26

As Amendments to the Lords Amendment:—

Philip Davies [R]

(a)

Page  11,  line  36,  at end insert—

“(A1)
The Government must commission an independent review of the impact of

sections (Preventing retaliatory sections eviction) to (Repayment of rent where

tenancy ends before end of period) on the rental market not less than three years

beginning with the day on which this Act is passed.

(AA1)
A Minister of the Crown must make a motion in respect of the independent

review in each House of Parliament within six months of its publication.”

Philip Davies [R]

(b)

Page  12,  line  12,  at end insert—

“(3A)
The following provisions expire at the end of five years beginning with the day

on which this Act is passed—

(a)
section (Tenancy deposits: provision of information by agents);

(b)
section (Tenancy deposits: non-compliance with requirements);

(c)
section (Preventing retaliatory eviction);

(d)
section (Time limits in relation to section 21 notices and proceedings);

(e)
section (Prescribed form of section 21 notices);

(f)
section (Compliance with prescribed legal requirements);

(g)
section (Requirement for landlord to provide prescribed information);

(h)
section (Repayment of rent where tenancy ends before end of a period).”

Lords Amendment No. 27

As Amendments to the Lords Amendment:—

Chi Onwurah

Emma Reynolds

Andy Sawford

(a)

Line  7,  leave out “section 25A” and insert “sections 25A and 25B”

Chi Onwurah

Emma Reynolds

Andy Sawford

(b)

Line  12,  leave out “two” and insert “three”

Consideration of Lords Amendments:
1768

, continued

Chi Onwurah

Emma Reynolds

Andy Sawford

(c)

Line  29,  at end insert—

“( )
The third is that the premises are the principal residence in London of the owner.”

Chi Onwurah

Emma Reynolds

Andy Sawford

(d)

Line  31,  at end insert—

“( )
Any person providing temporary sleeping accommodation under this section

must, in advance of each such provision, notify the local planning authority where

they require it, in a form to be set out by the Secretary of State in regulations made

by statutory instrument.”

Chi Onwurah

Emma Reynolds

Andy Sawford

(e)

Line  31,  at end insert—

“( )
A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.”

Chi Onwurah

Emma Reynolds

Andy Sawford

(f)

Line  41,  after “necessary”, insert “or desirable”

Chi Onwurah

Emma Reynolds

Andy Sawford

(g)

Leave out lines 42 and 43.

Chi Onwurah

Emma Reynolds

Andy Sawford

(h)

Leave out lines 46 to 53.

Chi Onwurah

Emma Reynolds

Andy Sawford

(i)

Leave out lines 60 to 62.

Consideration of Lords Amendments:
1769

, continued

Chi Onwurah

Emma Reynolds

Andy Sawford

(j)

Line  62,  at end insert—

“(7A)
The Secretary of State may by regulations made by statutory instrument provide

that section 25A is not to apply to any premises which have been subject to a

specified number of successful enforcement actions against a statutory nuisance.”

Chi Onwurah

Emma Reynolds

Andy Sawford

(k)

Line  63,  leave out “subsection (7)” and insert “subsections (7) or (7A)”

Order of the House [3 February 2014]

That the following provisions shall apply to the Deregulation Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 25 March 2014.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the House [14 May 2014]

That the Order of 3 February 2014 (Deregulation Bill (Programme)) be varied as

follows:

1.
Paragraphs 4 and 5 of the Order shall be omitted.

2.
Proceedings on Consideration and Third Reading shall be taken in two days

in accordance with the following provisions of this Order.



© Parliamentary copyright	Revised 10 March 2015