Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 7 June 2018

 

Public Bill Committee Proceedings

 

Tenant Fees Bill


 

[First to Third Sittings]


 

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Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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

 

 

First Sitting

 

Rishi Sunak

 

Agreed to

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 5

 

June) meet—

 

(a)  

at 11.30 am and 2.00 pm on Thursday 7 June;

 

(b)  

at 9.25 am, 2.00 pm and 5.00 pm on Tuesday 12 June;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:


 
 

Public Bill Committee Proceedings: 7 June 2018            

2

 

Tenant Fees Bill, continued

 
 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 5 June

Until no later

ARLA Propertymark; National

 
  

than 10.25 am

Approved Letting Scheme;

 
   

OpenRent

 
 

Tuesday 5 June

Until no later

National Landlords Association;

 
  

than 10.55 am

Residential Landlords Association

 
 

Thursday 7 June

Until no later

Local Government Association;

 
  

than 12.15 pm

Chartered Trading Standards

 
   

Institute

 
 

Thursday 7 June

Until no later

Shelter; Citizens Advice;

 
  

than 1.00 pm

Generation Rent; National Union

 
   

of Students

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 3; Schedule 1; Clauses 4 and 5; Schedule 2;

 

Clauses 6 to 8; Schedule 3; Clauses 9 to 33; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 pm on Tuesday 12 June.

 


 

Rishi Sunak

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

Agreed to

 


 

Rishi Sunak

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 

Agreed to

 


 

Second and Third Sittings

 

Clause 1 Agreed to.

 

Clause 2 Agreed to.

 

Clause 3 Agreed to.


 
 

Public Bill Committee Proceedings: 7 June 2018            

3

 

Tenant Fees Bill, continued

 
 

Melanie Onn

 

Sarah Jones

 

Negatived on division  7

 

Schedule  1,  page  23,  line  12,  leave out “six” and insert “three”

 

Melanie Onn

 

Sarah Jones

 

Not moved  8

 

Schedule  1,  page  23,  line  15,  leave out first “six” and insert “three”

 

Melanie Onn

 

Sarah Jones

 

Not moved  9

 

Schedule  1,  page  23,  line  15,  leave out second “six” and insert “three”

 

Melanie Onn

 

Sarah Jones

 

Negatived on division  5

 

Schedule  1,  page  23,  leave out lines 19 to 29

 

Melanie Onn

 

Sarah Jones

 

Negatived on division  10

 

Schedule  1,  page  23,  leave out paragraph 4 and insert—

 

“4  (1)  

Subject to sub-paragraphs (3), (4) and (5), a payment that a tenant is required

 

to make in the event of a default by the tenant is a permitted payment if the

 

tenant is required by the tenancy agreement to make the payment in the event

 

of such a default.

 

      (2)  

In this paragraph “default” means a failure by the tenant to—

 

(a)    

perform an obligation, or

 

(b)    

discharge a liability, arising under or in connection with the tenancy.

 

      (3)  

But if the amount of the payment exceeds the reasonable and proportionate

 

value of the loss suffered by the landlord or letting agent as a result of the

 

default, the amount of the excess is a prohibited payment.

 

      (4)  

The Secretary of State must by regulations made by statutory instrument

 

specify the circumstances in which a payment is to be considered a payment in

 

the event of a default within the meaning of sub-paragraph (1).

 

      (5)  

Regulations under sub-paragraph (4) must also make provision as to the

 

procedure to be followed by a landlord or letting agent in seeking to recover a

 

payment under this paragraph, which may include a requirement to give notice

 

of proposed recovery in a prescribed form accompanied by evidence of the loss

 

sustained by reason of the relevant default.”


 
 

Public Bill Committee Proceedings: 7 June 2018            

4

 

Tenant Fees Bill, continued

 
 

Dr Paul Williams

 

Negatived on division  1

 

Schedule  1,  page  24,  line  21,  at end insert—

 

  “(1A)  

On provision of documentary proof from the tenant, sub-paragraph (1) shall

 

not apply to tenancies terminated at the tenant’s request as a result of the tenant

 

having—

 

(a)    

suffered a physical or mental health crisis that requires care to be

 

provided in an alternative environment, or

 

(b)    

been subjected to domestic violence by a cohabitee

 

            

and the Secretary of State shall make regulations specifying the documentary

 

proof required from the tenant for the purposes of this sub-paragraph.”

 

Melanie Onn

 

Sarah Jones

 

Withdrawn after debate  11

 

Schedule  1,  page  24,  line  34,  after paragraph (4), insert—

 

  “(4A)  

In the event of a tenant terminating a tenancy as a result of a breach of section

 

1 or section 2 of this Act, any payment beyond the date of termination is a

 

prohibited payment.”

 

Schedule Agreed to.

 


 

Melanie Onn

 

Sarah Jones

 

Not moved  12

 

Clause  4,  page  4,  line  5,  at end insert “, except that the tenant may choose to

 

terminate the agreement without penalty.”

 

Clause Agreed to.


 

 

Revised 07 June 2018