Session 2015-16
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Notices of Amendments: 17 December 2015                  

44

 

Housing and Planning Bill, continued

 
 

         

“Accreditation and licensing for private landlords

 

Local authorities shall be required to operate an accreditation and licensing

 

scheme for private landlords.”

 

Member’s explanatory statement

 

This new Clause would require local authorities in England and Wales to put in place a scheme to

 

license and provide for the accreditation of private sector landlords in their area.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

NC56

 

Parliamentary Star    

To move the following Clause—

 

         

“Extension of the Housing Ombudsman to cover the Private Rented Sector

 

(1)    

The Secretary of State shall by regulations introduce a scheme to extend the

 

Housing Ombudsman Scheme, as set out in section 5 of and Schedule 2 to the

 

Housing Act 1996, to cover disputes between tenants and to private landlords in

 

the Greater London Authority.

 

(2)    

The scheme under subsection (1) shall—

 

(a)    

last at least one year and no longer than two years; and

 

(b)    

come into effect within 6 months of this Act receiving Royal Assent.

 

(3)    

The Secretary of State shall lay before each House of Parliament a report of the

 

scheme under subsection (1) alongside any statement he thinks appropriate,

 

within 3 months of the closing date of the scheme.

 

(4)    

The Secretary of State may by regulations extend the powers of the Housing

 

Ombudsman Scheme as set out in section 5 of and Schedule 2 to the Housing Act

 

1996, to cover disputes between tenants and private landlords nationwide.”

 

Member’s explanatory statement

 

The new clause would give the Secretary of State the power to introduce a pilot scheme which

 

would see the Housing Ombudsman extend its cover in London to private sector housing and

 

disputes between tenants and private landlords, to require that the Secretary of State reports on

 

the pilot scheme, and to give the Secretary of State power through regulations to extend the

 

Housing Ombudsman to cover private sector housing and disputes between tenants and private

 

landlords nationwide.

 

 


 

Secretary Greg Clark

 

12

 

Parliamentary Star - white    

Clause  13,  page  9,  line  11,  at end insert—

 

“( )    

See also section (Content of banning order: company involvement) (which

 

enables a banning order to include a ban on involvement in certain companies).”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC37.

 



 
 

Notices of Amendments: 17 December 2015                  

45

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

13

 

Parliamentary Star - white    

Clause  16,  page  11,  line  24,  leave out “the ban for each banned activity” and insert

 

“each ban imposed by the order”

 

Member’s explanatory statement

 

This amendment and amendment 15 ensure that the provisions of clause 16 apply to a ban on

 

involvement in a company as envisaged by NC37.

 

Secretary Greg Clark

 

14

 

Parliamentary Star - white    

Clause  16,  page  11,  line  25,  leave out “6” and insert “12”

 

Member’s explanatory statement

 

This amendment increases the minimum length of a ban imposed by a banning order to 12 months.

 

Secretary Greg Clark

 

15

 

Parliamentary Star - white    

Clause  16,  page  11,  line  26,  leave out first “the” and insert “a”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 13.

 


 

Secretary Greg Clarke

 

16

 

Parliamentary Star - white    

Clause  21,  page  12,  line  15,  leave out “£5,000” and insert “£30,000”

 

Member’s explanatory statement

 

This increases the maximum financial penalty that may be imposed where a person has breached

 

a banning order.

 


 

Secretary Greg Clark

 

17

 

Parliamentary Star - white    

Clause  28,  page  14,  line  16,  at end insert—

 

“(1A)    

A local housing authority in England may make an entry in the database in respect

 

of a person who has, at least twice within a period of 12 months, received a

 

financial penalty in respect of a banning order offence committed at a time when

 

the person was a residential landlord or a property agent.

 

(1B)    

A financial penalty is to be taken into account for the purposes of subsection (1A)

 

only if the period for appealing the penalty has expired and any appeal has been

 

finally determined or withdrawn.”

 

Member’s explanatory statement

 

This extends the power to include people in the database of rogue landlords and property agents.

 


 

Secretary Greg Clark

 

18

 

Parliamentary Star - white    

Clause  29,  page  15,  line  10,  at end insert “, or


 
 

Notices of Amendments: 17 December 2015                  

46

 

Housing and Planning Bill, continued

 
 

(b)    

received the second of the financial penalties to which the notice relates.”

 

Member’s explanatory statement

 

This is consequential on amendment 17.

 


 

Secretary Greg Clark

 

19

 

Parliamentary Star - white    

Clause  31,  page  15,  line  35,  at end insert—

 

“(f)    

details of financial penalties that the person has received.”

 

Member’s explanatory statement

 

This relates to the power to make regulations about the information that must be included in a

 

person’s entry in the database of rogue landlords and property agents. It provides that regulations

 

may require details of financial penalties to be included.

 


 

Secretary Greg Clark

 

20

 

Parliamentary Star - white    

Clause  34,  page  16,  line  31,  at end insert—

 

“(4A)    

If the entry was made on the basis that the person has received two or more

 

financial penalties and at least one year has elapsed since the entry was made, the

 

responsible local housing authority may—

 

(a)    

remove the entry, or

 

(b)    

reduce the period for which the entry must be maintained.”

 

Member’s explanatory statement

 

This is consequential on amendment 17.

 

Secretary Greg Clark

 

21

 

Parliamentary Star - white    

Clause  34,  page  16,  line  31,  at end insert—

 

“( )    

The power in subsection (3), (4) or (4A) may even be used—

 

(a)    

to remove an entry before the end of the two-year period mentioned in

 

section 29(2)(b), or

 

(b)    

to reduce the period for which an entry must be maintained to less than

 

the two-year period mentioned in section 29(2)(b).”

 

Member’s explanatory statement

 

Where an entry in the database of rogue landlords and letting agents is made under clause 28 it

 

must be made for a minimum period of 2 years - see clause 29(2)(b). This amendment makes it

 

clear that the 2-year period does not constrain the power to remove or vary an entry.

 


 

Secretary Greg Clark

 

22

 

Parliamentary Star - white    

Clause  37,  page  17,  line  34,  at end insert—

 

“( )    

The Secretary of State may disclose information in the database to any person if

 

the information is disclosed in an anonymised form.


 
 

Notices of Amendments: 17 December 2015                  

47

 

Housing and Planning Bill, continued

 
 

( )    

Information is disclosed in an anonymised form if no individual or other person

 

to whom the information relates can be identified from the information.”

 

Member’s explanatory statement

 

This allows the Secretary of State to disclose information in the database of rogue landlords and

 

property agents to any person if the information is disclosed in an anonymised form. This will

 

allow it to be used for statistical or research purposes.

 


 

Secretary Greg Clark

 

23

 

Parliamentary Star - white    

Clause  38,  page  18,  line  9,  leave out “in certain cases” and insert “where a landlord

 

has committed an offence to which this Chapter applies”

 

Member’s explanatory statement

 

During Public Bill Committee the Bill was amended to make it a criminal offence to breach a

 

banning order. Changes were also made to ensure that Chapter 4 of Part 2 applies to breach of a

 

banning order in the same way as it applies to other offences to which the Chapter applies. This

 

amendment and amendments 24 and 25 are consequential on those changes.

 

Secretary Greg Clark

 

24

 

Parliamentary Star - white    

Clause  38,  page  18,  line  16,  leave out subsection (3)

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 23.

 


 

Secretary Greg Clark

 

25

 

Parliamentary Star - white    

Clause  40,  page  19,  line  35,  leave out “breached the banning order or”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 23.

 


 

Secretary Greg Clark

 

26

 

Parliamentary Star - white    

Clause  53,  page  24,  line  21,  at end insert—

 

““financial penalty” means a penalty that—

 

(c)    

is imposed in respect of conduct that amounts to an offence, but

 

(d)    

is imposed otherwise than following the person’s conviction for

 

the offence;”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 17.

 



 
 

Notices of Amendments: 17 December 2015                  

48

 

Housing and Planning Bill, continued

 
 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

49

 

Parliamentary Star - white    

Clause  54,  page  25,  line  10,  at end insert—

 

“(e)    

the local housing authority responds to a request by the landlord

 

confirming that they suspect the property to be abandoned.”

 

Member’s explanatory statement

 

The amendment would require the local housing authority to confirm that they also suspect that

 

the property is abandoned before a landlord can recover the abandoned premises.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

47

 

Parliamentary Star - white    

Clause  56,  page  25,  line  37,  at end insert—

 

“( )    

the date specified under subsection (4)(b) must be after the end of the period of

 

12 weeks beginning with the day on which the first warning notice is given to the

 

tenant.”

 

Member’s explanatory statement

 

The amendment would extend the time periods between the two letters needed to evict a tenant

 

suspected of abandoning the premises and to extend the minimum amount of time before the

 

eviction.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

48

 

Parliamentary Star - white    

Clause  56,  page  26,  line  1,  leave out subsection (6) and insert—

 

“(6)    

The second warning notice must be given at least 4 weeks, and no more than 8

 

weeks, after the first warning notice.”

 

Member’s explanatory statement

 

The amendment would extend the time periods between the two letters needed to evict a tenant

 

suspected of abandoning the premises and to extend the minimum amount of time before the

 

eviction.

 


 

New clauses, New Schedules and amendments relating to the following:

 

(a) Part 6; (b) surplus land held by public bodies or the disposal of land by

 

public bodies

 

Secretary Greg Clark

 

NC29

 

Parliamentary Star - white    

To move the following Clause—


 
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Revised 18 December 2015