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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Friday 27 January 2017

 

Report Stage Proceedings

 

Homelessness Reduction Bill, As Amended


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Speaker.

 

 


 

New Clauses

 

Andy Slaughter

 

Withdrawn  NC1

 

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.”

 



 
 

Report Stage Proceedings: 27 January 2017                

2

 

Homelessness Reduction Bill, continued

 
 

Andy Slaughter

 

Not moved  NC2

 

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.””

 


 

Andy Slaughter

 

Not moved  NC3

 

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;


 
 

Report Stage Proceedings: 27 January 2017                

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Homelessness Reduction Bill, continued

 
 

(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

 

England. Any modification is limited to substituting an increase which is

 

lower than the Consumer Prices Index. That 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

 

specifies a particular substitution, must be the substitution specified by

 

the Mayor.

 

(10)    

In this section—

 

“Greater London” shall have the same meaning as in the London

 

Government Act 1963 (c.33)

 

“Mayor of London” shall have the same meaning as in the Greater

 

London Authority Act 1999 (s.29).””

 

 


 

Mr Marcus Jones

 

Agreed to  1

 

Clause  4,  page  5,  line  32,  at end insert—

 

“( )    

But the authority may not give notice to the applicant under subsection (5) on the

 

basis that the circumstances in subsection (7)(b) apply if a valid notice has been

 

given to the applicant under section 21 of the Housing Act 1988 (orders for

 

possession on expiry or termination of assured shorthold tenancy) that—

 

(a)    

will expire within 56 days or has expired, and

 

(b)    

is in respect of the only accommodation that is available for the

 

applicant’s occupation.”


 
 

Report Stage Proceedings: 27 January 2017                

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Homelessness Reduction Bill, continued

 
 

Mr Marcus Jones

 

Agreed to  2

 

Clause  4,  page  6,  line  11,  after “accommodation” insert “and, on the date of

 

refusal, there was a reasonable prospect that suitable accommodation would be available

 

for occupation by the applicant for at least 6 months or such longer period not exceeding

 

12 months as may be prescribed”

 

Mr Marcus Jones

 

Agreed to  3

 

Clause  4,  page  6,  line  22,  at end insert—

 

“(9)    

The duty under subsection (2) can also be brought to an end under sections 193A

 

and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to

 

co-operate).””

 


 

Mr Marcus Jones

 

Agreed to  4

 

Clause  5,  page  7,  line  45,  after “accommodation” insert “and, on the date of

 

refusal, there was a reasonable prospect that suitable accommodation would be available

 

for occupation by the applicant for at least 6 months or such longer period not exceeding

 

12 months as may be prescribed”

 

Mr Marcus Jones

 

Agreed to  5

 

Clause  5,  page  8,  line  9,  at end insert—

 

“(9)    

The duty under subsection (2) can also be brought to an end under—

 

(a)    

section 193ZA (consequences of refusal of final accommodation offer or

 

final Part 6 offer at the initial relief stage), or

 

(b)    

sections 193A and 193B (notices in cases of applicant’s deliberate and

 

unreasonable refusal to co-operate).””

 

Mr Marcus Jones

 

Agreed to  6

 

Clause  5,  page  8,  line  18,  leave out paragraph (a) and insert—

 

“(a)    

for subsection (1) substitute—

 

“(1)    

If the local housing authority have reason to believe that an

 

applicant may be homeless, eligible for assistance and have a

 

priority need, they must secure that accommodation is available

 

for the applicant’s occupation.

 

(1ZA)    

In a case in which the local housing authority conclude their

 

inquiries under section 184 and decide that the applicant does not

 

have a priority need—

 

(a)    

where the authority decide that they do not owe the

 

applicant a duty under section 189B(2), the duty under

 

subsection (1) comes to an end when the authority notify

 

the applicant of that decision, or

 

(b)    

otherwise, the duty under subsection (1) comes to an end

 

upon the authority notifying the applicant of their

 

decision that, upon the duty under section 189B(2)


 
 

Report Stage Proceedings: 27 January 2017                

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Homelessness Reduction Bill, continued

 
 

coming to an end, they do not owe the applicant any duty

 

under section 190 or 193.

 

(1ZB)    

In any other case, the duty under subsection (1) comes to an end

 

upon the later of—

 

(a)    

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

 

coming to an end or the authority notifying the applicant

 

that they have decided that they do not owe the applicant

 

a duty under that section, and

 

(b)    

the authority notifying the applicant of their decision as

 

to what other duty (if any) they owe to the applicant

 

under the following provisions of this Part upon the duty

 

under section 189B(2) coming to an end.”;”

 

Mr Marcus Jones

 

Agreed to  7

 

Clause  5,  page  8,  line  26,  leave out from “for” to end of line 27 and insert

 

““pending a decision of the kind referred to in subsection (1)” substitute “until the later of

 

paragraph (a) or (b) of subsection (1ZB).”

 

Mr Marcus Jones

 

Agreed to  8

 

Clause  5,  page  8,  line  27,  at end insert “;

 

( )    

for subsection (3) substitute—

 

“(2A)    

For the purposes of this section, where the applicant requests a

 

review under section 202(1)(h) of the authority’s decision as to

 

the suitability of accommodation offered to the applicant by way

 

of a final accommodation offer or a final Part 6 offer (within the

 

meaning of section 193ZA), the authority’s duty to the applicant

 

under section 189B(2) is not to be taken to have come to an end

 

under section 193ZA(2) until the decision on the review has been

 

notified to the applicant.

 

(3)    

Otherwise, the duty under this section comes to an end in

 

accordance with subsections (1ZA) to (1A), regardless of any

 

review requested by the applicant under section 202.

 

    

But the authority may secure that accommodation is available for

 

the applicant’s occupation pending a decision on review.””

 


 

Mr Marcus Jones

 

Agreed to  9

 

Clause  6,  page  11,  leave out lines 14 to 16 and insert—

 

“(3)    

For the purposes of this section, a local housing authority’s duty under section

 

189B(2) or 195(2) is a function of the authority to secure that accommodation is

 

available for the occupation of a person only if the authority decide to discharge

 

the duty by securing that accommodation is so available.”

 



 
 

Report Stage Proceedings: 27 January 2017                

6

 

Homelessness Reduction Bill, continued

 
 

Mr Marcus Jones

 

Agreed to  10

 

Clause  7,  page  11,  line  19,  at end insert—

 

““193ZA 

Consequences of refusal of final accommodation offer or final Part 6 offer

 

at the initial relief stage

 

(1)    

Subsections (2) and (3) apply where—

 

(a)    

a local housing authority owe a duty to an applicant under section

 

189B(2), and

 

(b)    

the applicant, having been informed of the consequences of refusal and

 

of the applicant’s right to request a review of the suitability of the

 

accommodation, refuses—

 

(i)    

a final accommodation offer, or

 

(ii)    

a final Part 6 offer.

 

(2)    

The authority’s duty to the applicant under section 189B(2) comes to an end.

 

(3)    

Section 193 (the main housing duty) does not apply.

 

(4)    

An offer is a “final accommodation offer” if—

 

(a)    

it is an offer of an assured shorthold tenancy made by a private landlord

 

to the applicant in relation to any accommodation which is, or may

 

become, available for the applicant’s occupation,

 

(b)    

it is made, with the approval of the authority, in pursuance of

 

arrangements made by the authority in the discharge of their duty under

 

section 189B(2), and

 

(c)    

the tenancy being offered is a fixed term tenancy (within the meaning of

 

Part 1 of the Housing Act 1988) for a period of at least 6 months.

 

(5)    

A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of

 

housing) that—

 

(a)    

is made in writing by the authority in the discharge of their duty under

 

section 189B(2), and

 

(b)    

states that it is a final offer for the purposes of this section.

 

(6)    

The authority may not approve a final accommodation offer, or make a final Part

 

6 offer, unless they are satisfied that the accommodation is suitable for the

 

applicant and that subsection (7) does not apply.

 

(7)    

This subsection applies to an applicant if—

 

(a)    

the applicant is under contractual or other obligations in respect of the

 

applicant’s existing accommodation, and

 

(b)    

the applicant is not able to bring those obligations to an end before being

 

required to take up the offer.”

 

Mr Marcus Jones

 

Agreed to  11

 

Clause  7,  page  11,  leave out lines 29 and 30

 

Mr Marcus Jones

 

Agreed to  12

 

Clause  7,  page  12,  leave out lines 9 to 11

 

Mr Marcus Jones

 

Agreed to  13

 

Clause  7,  page  12,  line  16,  leave out from “refuse” to “after” in line 17 and insert

 

“to take any such step”


 
 

Report Stage Proceedings: 27 January 2017                

7

 

Homelessness Reduction Bill, continued

 
 

Mr Marcus Jones

 

Agreed to  14

 

Clause  7,  page  13,  line  16,  after “made” insert “by a private landlord”

 

Mr Marcus Jones

 

Agreed to  15

 

Clause  7,  page  13,  line  19,  leave out “by or”

 

Mr Marcus Jones

 

Agreed to  16

 

Clause  7,  page  13,  line  29,  leave out from “not” to “unless” in line 30 and insert

 

“approve a final accommodation offer, or make a final Part 6 offer,”

 

Mr Marcus Jones

 

Agreed to  17

 

Clause  7,  page  13,  line  39,  after “if” insert “—

 

(a)    

section 193ZA(3) disapplies this section, or

 

(b)    

 


 

Mr Marcus Jones

 

Agreed to  18

 

Clause  9,  page  15,  line  6,  after “section” insert “193ZA or”

 


 

Mr Marcus Jones

 

Agreed to  19

 

Clause  12,  page  17,  line  22,  after “section” insert “193ZA(6) or”

 

Mr Marcus Jones

 

Agreed to  20

 

Clause  12,  page  17,  line  26,  leave out “vulnerable person” and insert “person who

 

has a priority need”

 

Mr Marcus Jones

 

Agreed to  21

 

Clause  12,  page  17,  leave out lines 32 to 37

 

Bill read the third time, and passed.

 


 

 

Revised 27 January 2017