1

House of Commons

Notices of Amendments

given up to and including

Thursday 14 June 2018

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 1 to 16

Public Bill Committee

Homes (Fitness for Human Habitation and

Liability for Housing Standards) Bill

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withdrawn amendments at the end.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.

Ms Karen Buck

1

Clause  1,  page  1,  line  2,  at end insert—

“( )    

In section 8 (implied terms as to fitness for human habitation)—

(a)    

in the heading, after “habitation” insert “: Wales”;

(b)    

in subsection (1), after “house”, in the first place it occurs, insert “in

Wales”.”

Member’s explanatory statement

This amendment would ensure that the existing section 8 of the Landlord and Tenant Act 1985

(which imposes an implied covenant as to fitness for human habitation but only in relation to leases

falling within certain rent limits) will continue to apply so far as relating to Wales. The substituted

section 8 introduced by the Bill, which impose the new implied covenant in relation to England,

will be re-numbered as section 9A (see Amendment 2).

Notices of Amendments: 14 June 2018                     

2

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill, continued

Ms Karen Buck

2

Clause  1,  page  1,  line  3,  leave out from beginning to “Fitness” in line 4 and insert—

“( )    

After section 9 (application of section 8 to certain houses occupied by agricultural

workers) insert—

“9A    

”

Member’s explanatory statement

This amendment is consequential on Amendment 1.

Ms Karen Buck

3

Clause  1,  page  2,  line  7,  after “landlord” insert “or other third party”

Member’s explanatory statement

This amendment would ensure that a landlord will not be liable under the implied covenant as to

fitness for human habitation in circumstances where the required remedial works require the

consent of a third party if reasonable efforts to obtain the consent are made but the consent cannot

be obtained.

Ms Karen Buck

4

Clause  1,  page  2,  line  28,  at end insert—

“( )    

Where a lease to which this section applies of a dwelling in England forms part

only of a building, the implied covenant has effect as if the reference to the

dwelling in subsection (1) included a reference to any common parts of the

building in which the lessor has an estate or interest.”

Member’s explanatory statement

This amendment would extend the implied covenant as to fitness for human habitation in cases

where the dwelling forms a part of a building to any of the building’s common parts in which the

landlord has an estate or interest.

Ms Karen Buck

5

Clause  1,  page  2,  line  38,  at end insert—

““common parts” has the meaning given by section 60(1) of the Landlord

and Tenant Act 1987;”

Member’s explanatory statement

This amendment is consequential on Amendment 4.

Ms Karen Buck

6

Clause  1,  page  3,  line  7,  after “(4)” insert “, (4A)”

Member’s explanatory statement

This amendment is consequential on Amendment 7.

Ms Karen Buck

7

Clause  1,  page  3,  line  20,  at end insert—

“(4A)    

Section 9A applies to a periodic or secure tenancy that comes into existence after

the commencement date on expiry of a term of a lease granted before that date.”

Notices of Amendments: 14 June 2018                     

3

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill, continued

Member’s explanatory statement

This amendment would ensure that the implied covenant as to fitness for human habitation will

apply to a periodic or secure tenancy that comes into existence after the date on which the Bill

comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that

date.

Ms Karen Buck

8

Clause  1,  page  3,  line  45,  leave out “and Liability for Housing Standards”

Member’s explanatory statement

This amendment is consequential on Amendment 15.

Ms Karen Buck

9

Clause  1,  page  4,  line  2,  at end insert—

“9C    

Application of section 9A to certain dwellings occupied by agricultural

workers

“(5)    

This section applies where under a contract of employment of a worker employed

in agriculture —

(a)    

the provision of a dwelling for the worker’s occupation forms part of the

worker’s remuneration, and

(b)    

the provisions of section 9A (implied term as to fitness for human

habitation) are inapplicable by reason only of the dwelling not being let

to the worker.

(6)    

There is implied as part of the contract of employment (in spite of any stipulation

to the contrary) a term having the same effect as the covenant that would be

implied by section 9A if the dwelling were let by a lease to which that section

applies.

(7)    

The provisions of section 9A apply accordingly—

(a)    

with the substitution of “employer” and “employee” for “lessor” and

“lessee”, and

(b)    

with such other modifications as may be necessary.

(8)    

This section does not affect—

(a)    

any obligation of a person other than the employer to repair a dwelling to

which the covenant implied by section 9A applies by virtue of this

section, or

(b)    

any remedy for enforcing such an obligation.”

Member’s explanatory statement

This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the

new implied covenant, is consequential on Amendments 1 and 2.

Ms Karen Buck

10

Clause  1,  page  4,  line  3,  leave out subsection (3)

Member’s explanatory statement

This amendment is consequential on Amendments 1 and 2.

Notices of Amendments: 14 June 2018                     

4

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill, continued

Ms Karen Buck

11

Clause  1,  page  4,  line  11,  leave out sub-paragraph (i) and insert—

“(i)    

after “house”, in both places where it occurs, insert “or

dwelling”;”

Member’s explanatory statement

This amendment is consequential on Amendments 1 and 2.

Ms Karen Buck

12

Clause  1,  page  4,  line  15,  before “any” insert “in relation to a dwelling in England,”

Member’s explanatory statement

This amendment is consequential on Amendments 1 and 2.

Ms Karen Buck

13

Clause  1,  page  4,  line  27,  after “habitation” insert “of dwellings in England”

Member’s explanatory statement

This amendment is consequential on Amendments 1 and 2.

Ms Karen Buck

14

Clause  1,  page  4,  line  27,  at end insert—

“( )    

In section 302 of the Housing Act 1985 (management and repair of houses

acquired under section 300 or retained under section 301), in paragraph (c)—

(a)    

for “section 8” substitute “sections 8 and 9A”, and

(b)    

for “does” substitute “do”.”

Member’s explanatory statement

This amendment is consequential on Amendments 1 and 2

Ms Karen Buck

15

Clause  2,  page  4,  line  32,  leave out “and Liability for Housing Standards”

Member’s explanatory statement

This amendment would change the short title of the Bill so as to leave out the reference to liability

for housing standards (see the explanatory statement for Amendment 16.

Ms Karen Buck

16

Title,  line  3,  leave out from “habitation;” to “and” in line 5

Notices of Amendments: 14 June 2018                     

5

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill, continued

Member’s explanatory statement

This amendment would remove the second of the objects mentioned in the long title in relation to

amendments of the Building Act 1984 making provision about liability for works not complying

with the Building Regulations. There are no such amendments in the Bill so this part of the long

title is unnecessary. As a consequence it is proposed that the short title of the Bill changes so as to

leave out the reference to liability for housing standards (see Amendment 15).