Session 2016-17
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 7 December 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC6 to NC8

 

Public Bill Committee


 

Homelessness Reduction Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. Bill to be considered in the

 

following order, namely, Clause 2, Clause 3, Clause 8, Clause 9, Clauses 4 to 7,

 

Clauses 10 to 13, Clause 1, new Clauses, new Schedules, remaining proceedings on

 

the Bill.

 


 

Andy Slaughter

 

6

 

Clause  5,  page  8,  line  11,  leave out “reasonable steps” and insert “such steps as it

 

considers reasonable”

 

Member’s explanatory statement

 

See amendment 5.

 

Andy Slaughter

 

7

 

Clause  5,  page  8,  line  15,  at end insert—

 

“(2A)    

Nothing in this section gives rise to a duty to provide accommodation.”

 

Member’s explanatory statement

 

This amendment would help to ensure that it is clear that it is not the intention of Clause 5 to

 

require local authorities to provide accommodation for non-priority need applicants.


 
 

Notices of Amendments: 7 December 2016                  

2

 

Homelessness Reduction Bill, continued

 
 

Andy Slaughter

 

8

 

Clause  5,  page  9,  line  19,  leave out from “substitute” to end of the paragraph and

 

insert—

 

“(a)    

until a local authority is satisfied that an interim accommodation duty is

 

no longer owed as the applicant is not in priority need or until the latter

 

of—

 

(i)    

the duty owed to the applicant under section 189B(2) coming to

 

an end or the authority deciding it does not owe the applicant a

 

duty under that section, and

 

(ii)    

the authority deciding what other duty (if any) is owed to the

 

applicant under the following provisions of this Part.”

 

Member’s explanatory statement

 

This amendment would allow a local authority to end an interim duty before the end of the 56 day

 

requirement, if an applicant is found not to be apparent priority need.

 


 

Andy Slaughter

 

11

 

Clause  10,  page  16,  line  20,  after “must” insert “cooperate appropriately to support

 

early intervention and prevention of homelessness and”

 

Member’s explanatory statement

 

The amendment would encourage better support for households threatened with homelessness

 

through better upstream early intervention and prevention opportunities would be a duty to refer

 

and cooperate.

 

Mr Clive Betts

 

2

 

Clause  10,  page  16,  line  31,  at end insert—

 

“(3A)    

Where the specified public authority makes a notification to the local housing

 

authority the public authority must cooperate with the housing authority in

 

meeting its duties under sections 179, 189A, 195, 189B and 199A of the Housing

 

Act 1996.”

 

Member’s explanatory statement

 

This amendment would ensure that where a public authority made a referral to a housing authority

 

in respect of a person who is or may become homeless the public authority is under a duty to

 

cooperate with the housing authority.

 


 

Andy Slaughter

 

12

 

Page  3,  line  2,  leave out Clause 1

 



 
 

Notices of Amendments: 7 December 2016                  

3

 

Homelessness Reduction Bill, continued

 
 

New Clauses

 

Andy Slaughter

 

NC1

 

To move the following Clause—

 

         

“General Duty and “threatened with homelessness”

 

(1)    

Before section 175 of the Housing Act 1996, insert—

 

         

“Section 175ZA  General Duty and “threatened with homelessness”

 

(1)    

A local housing authority is under a general duty (in addition to the other

 

duties imposed on them by this Part or by any other enactment), to take

 

such steps as they consider reasonable—

 

(a)    

to ensure that people within their area do not become threatened

 

with homelessness;

 

(b)    

to ensure that people who are threatened with homelessness do

 

not become homeless; and

 

(c)    

to ensure that people who are homeless are provided with

 

accommodation (whether by the authority or otherwise).

 

(2)    

For the purpose principally of facilitating the discharge of their general

 

duty under this section, every local housing authority shall have the

 

specific duties and powers set out in this Part.

 

(3)    

When discharging the general duty under this section, the authority must

 

have regard to their homelessness strategy under the Homelessness Act

 

2002.

 

(4)    

The services provided by a local housing authority in the exercise of

 

functions conferred on them by this section may include providing,

 

securing or helping to secure accommodation, giving assistance in kind

 

or in cash.”

 

(2)    

In section 175(4), for “28” substitute “56 or such other longer period as the

 

Secretary of State may specify by Order.””

 

Member’s explanatory statement

 

This new clause would place authorities under a general duty to take such steps as they consider

 

reasonable to prevent people from becoming homeless and, once homeless, to find

 

accommodation. It would be a general duty distinct from the specific duties owed under Part 7 and

 

would, for example, provide a statutory basis for offering a rent-guarantee scheme to a private

 

sector landlord. Subsection 2 would extend the period in which a person is threatened with

 

homelessness from 28 days to 56 days, or such longer period as the Secretary of State may specify.

 


 

Andy Slaughter

 

NC2

 

To move the following Clause—

 

         

“Duty to cooperate reapplication

 

(1)    

Section 184 of the Housing Act 1996 (Inquiry into cases of homelessness or

 

threatened homelessness) is amended as follows.


 
 

Notices of Amendments: 7 December 2016                  

4

 

Homelessness Reduction Bill, continued

 
 

(2)    

After subsection (1) insert—

 

“(1A)    

Subsection (1) does not apply if the applicant has been assessed by a local

 

housing authority under this section on a previous occasion and the

 

authority is satisfied that—

 

(a)    

applicant’s circumstances have not changed materially since that

 

assessment was carried out, and

 

(b)    

there is no new information that materially affects that

 

assessment.””

 

Member’s explanatory statement

 

This new clause would prevent applicants from refusing assistance and then reapplying to the local

 

authority when new facts emerge. The clause would ensure that applicants can only re-apply if

 

their circumstances have materially changed or if there is new information that materially affects

 

the assessment.

 


 

Andy Slaughter

 

NC3

 

To move the following Clause—

 

         

“Power to prescribe information

 

The Secretary of State may in regulations prescribe the contents of a document

 

which summarises the rights of a person under sections 202 or 204 of the 1996

 

Act and which must be given to an applicant by the local authority when the

 

authority notifies the applicant of any matter under this Part.”

 

Member’s explanatory statement

 

This new clause would enable the Secretary of State to produce a standard form, advising

 

applicants of their rights at each stage of review and appeal. This would remove an administrative

 

burden on local authorities and would also ensure that information is provided in a simple and

 

accessible manner.

 


 

Andy Slaughter

 

NC4

 

To move the following Clause—

 

         

“Impact assessment of the Act

 

This Act cannot be brought into force until at least 56 days after the Secretary of

 

State has produced and published an impact assessment, together with details of

 

funding to be provided to local authorities for the first five years after

 

commencement.”

 

Member’s explanatory statement

 

This new clause would prevent the Act from being brought into force until at least 56 days after

 

the Secretary of State has produced and published an impact assessment and details of funding to

 

be provided to local authorities for the first five years after commencement.

 



 
 

Notices of Amendments: 7 December 2016                  

5

 

Homelessness Reduction Bill, continued

 
 

Andy Slaughter

 

NC5

 

To move the following Clause—

 

         

“Duty to undertake a review of the Act

 

The Secretary of State must undertake a review of this Act, including its impact

 

on reducing homelessness and on local authority finances. Such review must start

 

no earlier than the first anniversary of the commencement of the Act and no later

 

than the second anniversary. It must consider, in particular, whether the funding

 

for the provisions in this Act is adequate and whether additional monies should

 

be provided.”

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to undertake a review of this Act, in terms of its

 

impact and its funding, no earlier than the first anniversary of the commencement of the Act and

 

no later than the second anniversary.

 


 

Andy Slaughter

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

         

“Licensing of landlords and local authority enforcement powers

 

(1)    

The Housing Act 2004 is amended as follows.

 

(2)    

In section 56(2), at end insert—

 

    

“, or, that the area is, or is likely to become, an area where the condition

 

of residential premises is poor and unsuitable for housing homeless

 

people, having regard to, amongst other matters, complaints received by

 

the local authority about matters falling within section 11 of the Landlord

 

and Tenant Act 1985, Part 3 of the Environmental Protection Act 1990 or

 

Part 1 of this Act.”

 

(3)    

In section 58(1), after “of an area” add “in Wales”

 

(4)    

In section 80—

 

(a)    

in subsection (2)(a) leave out “the first or second” and insert “any”

 

(b)    

in subsection (2)(a), after “(3) or (6)” add “or (6A)”

 

(5)    

After section 80(6) insert—

 

“(6A)    

The third set of general conditions are—

 

(a)    

that the area is, or is likely to become, an area where the

 

condition of residential premises is poor, having regard to,

 

amongst other matters, complaints received by the local

 

authority about matters falling within section 11 of the Landlord

 

and Tenant Act 1985, Part 3 of the Environmental Protection Act

 

1990 or Part 1 of this Act;

 

(b)    

that some or all of the private sector landlords who have let

 

premises in the area (whether under leases or licences) are failing

 

to take action that it would be appropriate for them to take;

 

(c)    

that making a designation will, when combined with other

 

measures taken in the area by the local housing authority, lead to

 

a reduction in, or the elimination of, the problem and allow


 
 

Notices of Amendments: 7 December 2016                  

6

 

Homelessness Reduction Bill, continued

 
 

accommodation to become suitable for housing homeless

 

people.

 

(6B)    

“Private sector landlord” at subsection (6A) does not include a non-profit

 

registered provider of social housing or a registered social landlord

 

within the meaning of Part 1 of the Housing Act 1996.”

 

(6)    

In section 82(1), after “of an area” add “in Wales””

 

Member’s explanatory statement

 

This new clause removes the need for the Secretary of State to consent (but leaves it in place for

 

Wales as this is a devolved matter, hence the amendments which just add “in Wales”), allows local

 

authorities to introduce additional and selective licensing to attempt to drive up the quality of the

 

rented accommodation suitable for housing homeless people.

 


 

Andy Slaughter

 

NC7

 

Parliamentary Star    

To move the following Clause—

 

         

“Restriction on the termination of assured shorthold tenancies

 

(1)    

After section 19A of the Housing Act 1988 (Assured shorthold tenancies: post-

 

Housing Act 1996 tenancies) insert—

 

         

“Section 19B longer term tenancies

 

Any assured shorthold tenancy (other than one where the landlord is a

 

private registered provider of social housing) granted on or after April 1,

 

2018 cannot be terminated by the landlord within thirty six months of

 

being granted other than for the breach of a an express or implied term of

 

the tenancy if the termination would result in the tenant becoming

 

homeless. It is an implied term of such a tenancy that the tenant may

 

terminate the tenancy by giving two months’ written notice to the

 

landlord.”

 

(2)    

In Section 21 of the Housing Act 1988 (Recovery of possession on expiry or

 

termination of assured shorthold tenancy) insert—

 

“(4ZAA)    

In the case of a dwelling-house in England no notice under subsection (4)

 

may be given for thirty six months after the beginning of the tenancy.””

 

Member’s explanatory statement

 

This new clause is an amendment to section 21 of the Housing Act 1988 which would prevent

 

landlords from using the “notice only” grounds for possession for the first three years of the

 

tenancy by private sector landlords where the tenant would become homeless.

 



 
 

Notices of Amendments: 7 December 2016                  

7

 

Homelessness Reduction Bill, continued

 
 

Andy Slaughter

 

NC8

 

Parliamentary Star    

To move the following Clause—

 

         

“Controls on rent increases within a tenancy

 

(1)    

After section 23 of the Housing Act 1988 insert—

 

         

“Section 23A: rent increase

 

(1)    

This section applies to any assured shorthold tenancy granted on or after

 

1 April 2018 in respect of any property in England other than one granted

 

by a private registered provider of social housing.

 

(2)    

It is an implied term of all such tenancies that the rent may only be

 

increased in any year on the anniversary of the commencement of the

 

tenancy and that the rent may increase by no more than the percentage

 

specified by the Office for National Statistics as the Consumer Prices

 

Index figure for the month immediately preceding the proposed increase

 

if there is a significant risk that that tenant would become homeless.

 

(3)    

Any term of the tenancy (or any other agreement, whether between the

 

landlord and tenant or any third party) which is inconsistent with

 

subsection (2) is of no effect.

 

(4)    

The landlord must serve written notice of the new rent on the tenant and

 

any other party who is responsible for the payment of the rent.

 

(5)    

The notice must be in a prescribed form (or substantially to the same

 

effect) and must specify—

 

(a)    

the present rent;

 

(b)    

the percentage increase proposed; and

 

(c)    

the proposed new rent,

 

    

together with any other matters or information which may be prescribed.

 

(6)    

A person served with such a notice may, within 28 days of being so

 

served, refer it to the appropriate tribunal for a determination as to the

 

validity of the notice and, if necessary, to examine the risk of the tenant

 

becoming homeless.

 

(7)    

Should a court or tribunal in any proceedings find that the landlord has

 

received rent in excess of that permitted by this section, it must either—

 

(a)    

order that the excess rent be repaid to the tenant (including to any

 

former tenant if the tenancy has come to an end);

 

(b)    

order that it stands to the credit of the tenant in respect of future

 

rent which will fall due; or,

 

(c)    

set it off against other sums which the tenant owes to the landlord

 

under the tenancy.

 

(8)    

The Secretary of State has power to prescribe a form for the purposes of

 

this section and may make different provision for Greater London and the

 

rest of England. The power must be exercised within a reasonable period

 

and, in relation to Greater London if the Mayor of London makes a

 

written request that it be exercised and provides a draft form, must be in

 

the form proposed by the Mayor.

 

(9)    

The Secretary of State has power to modify subsection (2) by order and

 

may make different provision for Greater London and the rest of


 
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Revised 07 December 2016