Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 19 January 2017

 

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: NC1-NC3

 

Consideration of Bill (Report Stage)


 

Homelessness Reduction Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Andy Slaughter

 

NC1

 

Parliamentary Star    

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


 
 

Notices of Amendments: 19 January 2017                  

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Homelessness Reduction Bill, continued

 
 

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

 

NC2

 

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.

 


 

Andy Slaughter

 

NC3

 

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


 
 

Notices of Amendments: 19 January 2017                  

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Homelessness Reduction Bill, continued

 
 

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

 

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).””

 

Member’s explanatory statement

 

This new clause concerns rent increases. It provides that it is an implied term of all assured

 

shorthold tenancies granted on or after 1 April 2018, that the rent can only go up once a year and

 

by no more than CPI if there is a significant risk of the tenant as a result of the increase becoming

 

homeless. It requires a notice to be given to the tenant, giving them details of the increase and for


 
 

Notices of Amendments: 19 January 2017                  

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Homelessness Reduction Bill, continued

 
 

a right to appeal that notice to the First Tier Tribunal (Property Chamber). The Secretary of State

 

has a power to prescribe a lower increase and must do so in respect of London if the Mayor of

 

London requests it.

 


 

 

Revised 19 January 2017