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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 23 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: 1-21

 

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withdrawn amendments at the end.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

 

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: 23 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

 

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

 

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: 23 January 2017                  

3

 

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: 23 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.

 

 


 

Mr Marcus Jones

 

1

 

Parliamentary Star    

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.”

 

Member’s explanatory statement

 

This amendment prevents a local housing authority from bringing the duty in section 195(2) of the

 

Housing Act 1996 (inserted by clause 4) to an end after 56 days if the applicant has been given a

 

notice under section 21 of the Housing Act 1988 that has expired or will within 56 days expire and

 

which is in respect of the only accommodation that is available for the applicant’s occupation.

 

Mr Marcus Jones

 

2

 

Parliamentary Star    

Clause  4,  page  6,  line  10,  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”

 

Member’s explanatory statement

 

This amendment provides that a local housing authority can only bring the duty in section 195(2)

 

of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused

 

an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect

 

that suitable accommodation would be available for 6 months or such longer period not exceeding

 

12 months as may be prescribed in regulations made by the Secretary of State.

 

Mr Marcus Jones

 

3

 

Parliamentary Star    

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).””

 

Member’s explanatory statement

 

This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a

 

reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in

 

section 195(2) can be brought to an end.

 



 
 

Notices of Amendments: 23 January 2017                  

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Homelessness Reduction Bill, continued

 
 

Mr Marcus Jones

 

4

 

Parliamentary Star    

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”

 

Member’s explanatory statement

 

This amendment provides that a local housing authority can only bring the duty in section 189B(2)

 

of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused

 

an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect

 

that suitable accommodation would be available for 6 months or such longer period not exceeding

 

12 months as may be prescribed in regulations made by the Secretary of State.

 

Mr Marcus Jones

 

5

 

Parliamentary Star    

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).””

 

Member’s explanatory statement

 

This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5),

 

references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act

 

(inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.

 

Mr Marcus Jones

 

6

 

Parliamentary Star    

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)

 

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


 
 

Notices of Amendments: 23 January 2017                  

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Homelessness Reduction Bill, continued

 
 

(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.”;”

 

Member’s explanatory statement

 

See amendment 8. This amendment also makes the circumstances in which the interim duty to

 

provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the

 

local housing authority decide that the applicant does not have a priority need.

 

Mr Marcus Jones

 

7

 

Parliamentary Star    

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).”

 

Member’s explanatory statement

 

See amendments 6 and 8.

 

Mr Marcus Jones

 

8

 

Parliamentary Star    

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.””

 

Member’s explanatory statement

 

This amendment, together with amendments 6 and 7, ensure that any interim duty of a local

 

housing authority under section 188 of the Housing Act 1996 to accommodate an applicant

 

continues pending the conclusion of a review of the suitability of accommodation offered in a final

 

accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by

 

amendment 10).

 


 

Mr Marcus Jones

 

9

 

Parliamentary Star    

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.”

 

Member’s explanatory statement

 

This amendment ensures that where a local housing authority decides to discharge their duty


 
 

Notices of Amendments: 23 January 2017                  

7

 

Homelessness Reduction Bill, continued

 
 

under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4,

 

respectively) by actually securing that accommodation is available for occupation by the

 

applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about

 

how a local housing authority’s housing functions are to be discharged.

 


 

Mr Marcus Jones

 

10

 

Parliamentary Star    

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.”

 

Member’s explanatory statement

 

This amendment provides that a local housing authority’s duty to an applicant under section

 

189B(2) of the Housing Act 1996 (inserted by clause 5) comes to an end, and the applicant does

 

not proceed to the main duty under section 193 of that Act, if the applicant refuses a final offer of

 

an assured shorthold tenancy of at least 6 months or an offer of social housing under Part 6 of that

 

Act. In either case, the offer would have to be of accommodation that is suitable for the applicant.


 
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Revised 23 January 2017