Clause 103

Page 47, line 17, leave out “objective” and insert “objectives”

Clause 109

Leave out Clause 109

Clause 111

Page 50, leave out lines 40 and 41 and insert—

““objectives of the housing administration” is to be read in accordance

with section 93(4);”

After Clause 113

Insert the following new Clause—

“Termination of fixed-term secure tenancies without need to forfeit

(1)    

The Housing Act 1985 is amended as follows.

(2)    

In section 82 (security of tenure)—

(a)    

before subsection (1) insert—

“(A1)    

A fixed-term secure tenancy of a dwelling-house in England

that is granted on or after the day on which paragraph 4 of

Schedule 7 to the Housing and Planning Act 2016 comes

fully into force cannot be brought to an end by the landlord

except by—

(a)    

obtaining—

(i)    

an order of the court for the possession of the

dwelling-house, and

(ii)    

the execution of the order, or

(b)    

obtaining a demotion order under section 82A.

(A2)    

A secure tenancy can be brought to an end by the landlord

as mentioned in subsection (A1)(a) whether or not the

tenancy contains terms for it to be brought to an end.”

(b)    

in subsection (1)(b), for “but” substitute “, other than one to which

subsection (A1) applies, that is”;

(c)    

in subsection (2), after “subsection” insert “(A1)(a) or”.

(3)    

In section 83 (proceedings for possession), in subsection (A1), for “82(1A)”

substitute “82(A1) or (1A)”.”

After Clause 114

Insert the following new Clause—

“Secure and assured tenancies: transfer of tenancy

(1)    

The Localism Act 2011 is amended as follows.

(2)    

In section 158 of the Localism Act 2011 (secure and assured tenancies:

transfer of tenancy)—

(a)    

in subsection (3)(a), for “not a flexible tenancy” substitute “an old-

style secure tenancy”;

(b)    

in subsection (4)(a), for “is a flexible tenancy” substitute “is not an

old-style secure tenancy”;

(c)    

omit subsection (6);

(d)    

in subsection (7), for “fifth” substitute “fourth”;

(e)    

for subsections (8) and (9) substitute—

“(8)    

The new tenancy is to be granted on whatever terms the

landlord determines.

(9)    

A landlord must, on request by a relevant tenant, inform the

tenant of the terms on which a new tenancy will be granted

to that tenant.

(9A)    

Subsection (9B) applies in a case where—

(a)    

the request was made before section (Secure and

assured tenancies: transfer of tenancy) of the Housing

and Planning Act 2016 came into force, and

(b)    

one or more of the landlords had not yet complied

with the request when that section came into force.

(9B)    

In that case any new tenancy granted in pursuance of this

section to a relevant tenant whose existing tenancy is an old-

style secure tenancy, or an assured tenancy that is not an

assured shorthold tenancy, must be—

(a)    

an old-style secure tenancy, or

(b)    

an assured tenancy that is not an assured shorthold

tenancy,

according to the landlord’s capacity to grant a tenancy of

either kind.”

(3)    

In section 159 (interpretation of section 158 etc), in subsection (6), omit

paragraph (b).”

Before Clause 115

Insert the following new Clause—

“Electrical safety standards for properties let by private landlords

(1)    

The Secretary of State may by regulations impose duties on a private

landlord of residential premises in England for the purposes of ensuring

that electrical safety standards are met during any period when the

premises are occupied under a tenancy.

(2)    

“Electrical safety standards” means standards specified in, or determined

in accordance with, the regulations in relation to—

(a)    

the installations in the premises for the supply of electricity, or

(b)    

electrical fixtures, fittings or appliances provided by the landlord.

(3)    

The duties imposed on the landlord may include duties to ensure that a

qualified person has checked that the electrical safety standards are met.

(4)    

The regulations may make provision about—

(a)    

how and when checks are carried out;

(b)    

who is qualified to carry out checks.

(5)    

The regulations may require the landlord—

(a)    

to obtain a certificate from the qualified person confirming that

electrical safety standards are met, and

(b)    

to give a copy of a certificate to the tenant, or a prospective tenant,

or any other person specified in the regulations.

(6)    

In this section—

“premises” includes land, buildings, moveable structures, vehicles

and vessels;

“private landlord” means a landlord who is not within section 80(1) of

the Housing Act 1985 (the landlord condition for secure tenancies);

“residential premises” means premises all or part of which comprise a

dwelling;

“tenancy” includes a licence to occupy (and “landlord” is to be read

accordingly).”

Insert the following new Clause—

“Electrical safety standards: enforcement

(1)    

Regulations under section (Electrical safety standards for properties let by

private landlords) may provide for covenants to be implied into a tenancy.

(2)    

Regulations under that section—

(a)    

may make provision about the enforcement of a duty imposed by

the regulations;

(b)    

may confer functions on a local housing authority in England.

(3)    

The provision that may be made about enforcement includes provision—

(a)    

requiring a landlord who fails to comply with a duty imposed by

the regulations to pay a financial penalty (or more than one penalty

in the event of a continuing failure);

(b)    

conferring power on a local housing authority to arrange for a

person to enter on the premises, with the consent of the tenant, to

remedy any failure by the landlord to comply with a duty imposed

by the regulations.

(4)    

The provision that may be made in reliance on subsection (3)(a) includes

provision—

(a)    

about the procedure to be followed in imposing penalties;

(b)    

about the amount of penalties;

(c)    

conferring rights of appeal against penalties;

(d)    

for the enforcement of penalties;

(e)    

about the application of sums paid by way of penalties (and such

provision may permit or require the payment of sums into the

Consolidated Fund).

(5)    

The provision that may be made in reliance on (3)(b) includes provision—

(a)    

about procedural matters;

(b)    

enabling a local housing authority to recover from the landlord any

costs incurred by it in remedying the failure;

(c)    

about the application of costs recovered (and such provision may

permit or require the payment of sums into the Consolidated

Fund).

(6)    

In this section “local housing authority” has the meaning given by section

1 of the Housing Act 1985.”

After Clause 120

Insert the following new Clause—

“Tenants’ associations: power to request information about tenants

After section 29 of the Landlord and Tenant Act 1985 insert—

“29A  

Tenants’ associations: power to request information about tenants

(1)    

The Secretary of State may by regulations impose duties on a

landlord to provide the secretary of a relevant tenants’ association

with information about relevant qualifying tenants.

(2)    

The regulations may—

(a)    

make provision about the tenants about whom information

must be provided and what information must be provided;

(b)    

require a landlord to seek the consent of a tenant to the

provision of information about that tenant;

(c)    

require a landlord to identify how many tenants have not

consented.

(3)    

The regulations may—

(a)    

authorise a landlord to charge costs specified in or

determined in accordance with the regulations;

(b)    

impose time limits on a landlord for the taking of any steps

under the regulations;

(c)    

make provision about the form or content of any notices

under the regulations (including provision permitting or

requiring a person to design the form of a notice);

(d)    

make other provision as to the procedure in connection with

anything authorised or required by the regulations.

(4)    

The regulations may confer power on a court or tribunal to make an

order remedying a failure by a landlord to comply with the

regulations.

(5)    

The regulations may include supplementary, incidental,

transitional or saving provision.

(6)    

Regulations under this section are to be made by statutory

instrument.

(7)    

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House

of Parliament.

(8)    

In this section—

“relevant tenants’ association”, in relation to a landlord, means

an association of tenants of the landlord at least one of

whom is a qualifying tenant of a dwelling in England;

“relevant qualifying tenant” means—

(a)    

a person who is a qualifying tenant of a dwelling in

England and a member of the relevant tenants’

association, or

(b)    

a person who is a qualifying tenant of a dwelling in

England by virtue of being required to contribute to

the same costs as a qualifying tenant who is a

member of the relevant tenants’ association;

“qualifying tenant” means a tenant who, under the terms of

the lease, is required to contribute to the same costs as

another tenant by the payment of a service charge.”

Insert the following new Clause—

“Limitation of administration charges: costs of proceedings

In Schedule 11 to the Commonhold and Leasehold Reform Act 2002

(administration charges), after paragraph 5 insert—

“Limitation of administration charges: costs of proceedings

5A  (1)  

A tenant of a dwelling in England may apply to the relevant

court or tribunal for an order reducing or extinguishing the

tenant’s liability to pay a particular administration charge in

respect of litigation costs.

      (2)  

The relevant court or tribunal may make whatever order on the

application it considers to be just and equitable.

      (3)  

In this paragraph—

(a)    

“litigation costs” means costs incurred, or to be incurred,

by the landlord in connection with proceedings of a kind

mentioned in the table, and

(b)    

“the relevant court or tribunal” means the court or

tribunal mentioned in the table in relation to those

proceedings.

After Clause 121

Insert the following new Clause—

“Power to require property agents to join client money protection schemes

(1)    

The Secretary of State may by regulations require a property agent to be a

member of—

(a)    

a client money protection scheme approved by the Secretary of

State for the purpose of the regulations, or

(b)    

a government administered client money protection scheme that is

designated by the Secretary of State for the purpose of the

regulations.

(2)    

The regulations may impose requirements about the nature of the

membership that a property agent must obtain (for example, by requiring

a property agent to obtain membership that results in a particular level of

compensation being available).

(3)    

The regulations shall—

(a)    

require a property agent to obtain a certificate confirming the

property agent’s membership of the scheme;

(b)    

require the property agent to display or publish the certificate in

accordance with the regulations;

(c)    

require the property agent to produce a copy of the certificate, on

request, in accordance with the regulations.

(4)    

In this section—

“client money protection scheme” means a scheme which enables a

person on whose behalf a property agent holds money to be

compensated if all or part of that money is not repaid in

circumstances in which the scheme applies;

“government administered client money protection scheme” means a

client money protection scheme that is administered by or on behalf

of the Secretary of State;

“property agent” means—

(a)    

a person who engages in English letting agency work within

the meaning of section 52, or

(b)    

a person who engages in English property management

work within the meaning of section 53,

other than a person who engages in that work in the course of the

person’s employment under a contract of employment.”

Insert the following new Clause—

“Client money protection schemes: approval or designation

(1)    

The Secretary of State may by regulations make provision about the

approval or designation of client money protection schemes for the

purposes of regulations under section (Power to require property agents to join

client money protection schemes).

(2)    

The regulations may, in particular, make provision about—

(a)    

the making of applications for approval,

(b)    

conditions which must be satisfied before approval may be given or

a scheme may be designated;

(c)    

conditions which must be complied with by administrators of

approved or designated client money protection schemes

(including conditions requiring the issue of certificates for the

purposes of regulations under section (Power to require property

agents to join client money protection schemes)(3) and about the form

of those certificates);

(d)    

the withdrawal of approval or revocation of a designation.”

Insert the following new Clause—

“Enforcement of client money protection scheme regulations

(1)    

The Secretary of State may by regulations make provision about the

enforcement of a duty imposed by regulations under section (Power to

require property agents to join client money protection schemes).

(2)    

The regulations may—

(a)    

confer functions on a local authority in England;

(b)    

require a property agent who fails to comply with a duty imposed

by regulations under (Power to require property agents to join client

money protection schemes) to pay a financial penalty (or more than

one penalty in the event of a continuing failure).

(3)    

The provision that may be made under subsection (2)(a) includes provision

requiring a local authority in England, when carrying out functions under

the regulations, to have regard to guidance given by the Secretary of State.

(4)    

The provision that may be made under subsection (2)(b) includes

provision—

(a)    

about the procedure to be followed in imposing penalties;

(b)    

about the amount of penalties;

(c)    

conferring rights of appeal against penalties;

(d)    

for the enforcement of penalties;