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| | On Consideration of Lords Amendments to the Deregulation Bill |
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| | Mr Oliver Letwin | Agreed to |
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| | | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment 38 accordingly disagreed to. |
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| | | To move the following Amendments to the Bill in lieu of the Lords |
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| | Page 45, line 29, at end insert— |
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| | | “(3) | The Secretary of State must, before the end of the period of 3 months beginning |
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| | | with the day on which the review is completed, lay before both Houses of |
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| | | Parliament a report setting out the Secretary of State’s response to the review |
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| | | (a) | a statement as to whether the Secretary of State proposes to exercise the |
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| | | power to make regulations under section 60(1)(a) or (b), and |
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| | | (b) | if the Secretary of State proposes to do so, an outline of the steps that the |
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| | | Secretary of State proposes to take in consequence and when those steps |
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| | Page 46, line 26, at end insert— |
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| | | “(10A) | Regulations under subsection (1) may not be made so as to come into force before |
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| | | Lords Amendments 1 to 17 Agreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Page 5, line 31, after “notice”, insert “or until the repair has been carried out |
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| | Page 5, line 34, after “ends”, insert “or until the repair has been carried out |
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| | Page 5, line 41, leave out “14” and insert “20 working” |
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| | Page 6, line 13, after “subsection (2)” insert “or subsection (11A)” |
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| | Page 6, line 22, leave out subsection (5). |
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| | Page 7, line 11, at end insert— |
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| | | “(11A) | Where a landlord provides an adequate response to a complaint within the time |
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| | | allowed by sub-section (2)(b)(i) the following provisions shall apply— |
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| | | (a) | the local housing authority may not serve a relevant notice during the |
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| | | timescale referred to in subsection (3)(b) in response to the complaint, |
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| | | (b) | if, notwithstanding paragraph (a), a relevant notice is served by the local |
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| | | housing authority in contravention of that paragraph, the relevant notice |
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| | | must be revoked under section 16 of the Housing Act 2014 or quashed |
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| | | under paragraph 15 of schedule 1 to that Act, and |
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| | | (c) | in any case, sub-section (2) shall cease to be of effect in relation to the |
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| | | service of the relevant notice from the date when the remedial action |
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| | | required by the relevant notice was satisfactorily completed in |
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| | | accordance with the terms of the relevant notice. |
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| | | (11B) | For the purposes of subsection (11A) the timescale referred to in subsection (3)(b) |
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| | | shall be extended by such further period or periods as may be reasonable in the |
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| | | circumstances where it is impractical to complete the remedial action within the |
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| | Page 7, line 24, at end insert— |
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| | | ““condition of the dwelling-house” means any condition which could be the |
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| | | subject of a relevant notice;” |
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| | | Lords Amendment 18 Agreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Page 8, line 2, at end insert— |
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| | | “(1A) | Subsections (1) and (2) of section (Preventing retaliatory eviction) do not apply |
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| | | where at the time the section 21 notice is given— |
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| | | (a) | the landlord or anyone associated with them intends to take up residence |
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| | | in the dwelling-house; or |
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| | | (b) | the landlord wants to redevelop the dwelling-house; or |
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| | | (c) | there is a compulsory purchase order against the dwelling-house; or |
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| | | (d) | the landlord is under a legal duty to complete work or alter the building |
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| | | and in order to do so the tenant needs to be removed from the property.” |
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| Page 8, line 2, at end insert— |
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| | | “(1A) | Subsections (1) and (2) of section (Preventing retaliatory eviction) do not |
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| | | (a) | where the condition of the dwelling-house or common parts that gave rise |
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| | | to the service of the relevant notice is to due to a breach by the tenant of— |
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| | | (i) | the duty to use the dwelling-house in a tenant-like manner, or |
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| | | (ii) | an express term of the tenancy to the same effect; or |
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| | | (i) | prior to the section 21 notice being served, the tenant or a person |
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| | | residing in or visiting the dwelling-house has been convicted |
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| | | (a) | using the dwelling-house or allowing it to be used for |
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| | | immoral or illegal purposes, or |
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| | | (b) | an indictable offence committed in, or in the locality of, |
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| | | (ii) | the tenant, being the sole tenant of the dwelling house, is in |
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| | | prison at the time the section 21 notice is served; or |
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| | | (iii) | the tenant has prevented the landlord from accessing the |
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| | | property, contrary to the implied covenant in section 11(6) of the |
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| | | Landlord and Tenant Act 1985 or any express term of the |
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| | | tenancy agreement relating to the landlord’s access to the |
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| | | property, in order to assess the state of repair in the previous 12 |
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| | | months or during the period in which the tenant’s complaint in |
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| | | relation to the condition of the property is ongoing; or |
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| | | (iv) | the tenant is at least eight weeks or two months (or the relevant |
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| | | equivalent in accordance with schedule 2 to the Housing Act |
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| | | 1988) in arrears of rent that is lawfully due at the time the section |
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| | | 21 notice is given and this amount is still outstanding at the time |
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| | | the court considers an order for possession.” |
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| | Page 8, line 5, at end insert “or where the landlord intends to sell the dwelling |
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| | house within six months.” |
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| | Page 8, line 38, at end insert— |
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| | | “(d) | at the time the section 21 notice is given the landlord‘s reasons for |
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| | | serving the notice are unrelated to the repairing issue.” |
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| | | Lords Amendments 19 and 20 Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Page 9, line 14, leave out “four” and insert “two” |
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| | | Lords Amendments 21 to 25 Agreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Page 11, line 36, at end insert— |
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| | | “(A1) | The Government must commission an independent review of the impact of |
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| | | sections (Preventing retaliatory sections eviction) to (Repayment of rent where |
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| | | tenancy ends before end of period) on the rental market not less than three years |
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| | | beginning with the day on which this Act is passed. |
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| | | (AA1) | A Minister of the Crown must make a motion in respect of the independent |
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| | | review in each House of Parliament within six months of its publication.” |
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| | Page 12, line 12, at end insert— |
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| | | “(3A) | The following provisions expire at the end of five years beginning with the day |
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| | | on which this Act is passed— |
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| | | (a) | section (Tenancy deposits: provision of information by agents); |
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| | | (b) | section (Tenancy deposits: non-compliance with requirements); |
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| | | (c) | section (Preventing retaliatory eviction); |
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| | | (d) | section (Time limits in relation to section 21 notices and proceedings); |
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| | | (e) | section (Prescribed form of section 21 notices); |
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| | | (f) | section (Compliance with prescribed legal requirements); |
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| | | (g) | section (Requirement for landlord to provide prescribed information); |
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| | | (h) | section (Repayment of rent where tenancy ends before end of a period).” |
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| | | Lords Amendment 26 Agreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Line 7, leave out “section 25A” and insert “sections 25A and 25B” |
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| | Line 12, leave out “two” and insert “three” |
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| | | “( ) | The third is that the premises are the principal residence in London of the owner.” |
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| | | “( ) | Any person providing temporary sleeping accommodation under this section |
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| | | must, in advance of each such provision, notify the local planning authority where |
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| | | they require it, in a form to be set out by the Secretary of State in regulations made |
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| | | by statutory instrument.” |
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| | | “( ) | A statutory instrument containing regulations under this section is subject to |
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| | | annulment in pursuance of a resolution of either House of Parliament.” |
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| | Line 41, after “necessary”, insert “or desirable” |
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| | | Negatived on division (g) |
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| | Leave out lines 42 and 43. |
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| | Leave out lines 46 to 53. |
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| | Leave out lines 60 to 62. |
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| | | “(7A) | The Secretary of State may by regulations made by statutory instrument provide |
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| | | that section 25A is not to apply to any premises which have been subject to a |
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| | | specified number of successful enforcement actions against a statutory nuisance.” |
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