Localism Bill (HL Bill 90)

(6) In this section “housing debt”, in relation to a local housing authority, means
debt—

(a) which is held by the authority in connection with the exercise of its
functions relating to houses and other property within its Housing
5Revenue Account, and

(b) interest and other charges in respect of which are required to be carried
to the debit of that account.

159 Power to obtain information

(1) A local housing authority in England must supply the Secretary of State with
10such information as the Secretary of State may specify for the purposes of
enabling the Secretary of State to exercise functions under this Chapter.

(2) The Secretary of State may exercise the powers under this section either
generally or in relation to a particular case.

(3) If a local housing authority fails to comply with this section before the end of
15such period as the Secretary of State may specify, the Secretary of State may
exercise functions under this Chapter on the basis of such assumptions and
estimates as the Secretary of State thinks fit.

160 Determinations under this Chapter

(1) A determination under this Chapter may make different provision for different
20cases or descriptions of case, including different provision—

(a) for different areas,

(b) for different local housing authorities, or

(c) for different descriptions of local housing authority.

(2) Before making a determination under this Chapter that relates to all local
25housing authorities or a description of local housing authority, the Secretary of
State must consult such representatives of local government and relevant
professional bodes as the Secretary of State thinks appropriate.

(3) Before making a determination under this Chapter relating to a particular local
housing authority, the Secretary of State must consult that local housing
30authority.

(4) As soon as practicable after making a determination under this Chapter, the
Secretary of State must send a copy of the determination to the local housing
authority or authorities to which it relates.

(5) Section 87(4) to (7) (electronic communications) of the Local Government and
35Housing Act 1989 applies to a determination under this Chapter as it applies to
a determination under Part 6 of that Act.

161 Capital receipts from disposal of housing land

In section 11 of the Local Government Act 2003 (use of capital receipts by a
local authority) after subsection (5) insert—

“(6) 40The Secretary of State and a local authority in England may enter into
an agreement with the effect that a requirement imposed under
subsection (2)(b) does not apply to, or is modified in its application to,

capital receipts of the authority that are specified or described in the
agreement.”

162 Interpretation

In this Chapter “local housing authority” has the same meaning as in the
5Housing Act 1985.

CHAPTER 4 Housing mobility

163 Standards facilitating exchange of tenancies

(1) In section 193 of the Housing and Regeneration Act 2008 (power for regulator
to set standards for registered providers) in subsection (2) after paragraph (g)
10insert—

“(ga) methods of assisting tenants to exchange tenancies,”.

(2) In section 197(2) of that Act (power of Secretary of State to give directions to
regulator) after paragraph (c) insert “, or

(d) methods of assisting tenants to exchange tenancies.”

164 15Assisting tenants of social landlords to become home owners

In section 122 of the Housing and Regeneration Act 2008 (registered providers
of social housing in England: restriction on gifts and distributions to members
etc) after subsection (5) (the third class of permitted payments) insert—

“(5A) Class 4 is payments which—

(a) 20are in accordance with the constitution of the registered
provider,

(b) are paid for the benefit of tenants of the provider, and

(c) are in any particular case paid to assist the tenant to obtain other
accommodation by acquiring a freehold, or long-leasehold,
25interest in a dwelling.

(5B) For the purposes of subsection (5A)—

• “long-leasehold interest”, in relation to a dwelling, means the
  lessee’s interest under a lease of the dwelling granted, for a
  premium, for a term certain exceeding 21 years;

• 30“acquiring”, in relation to a long-leasehold interest in a dwelling,
  includes acquiring by grant and acquiring by assignment.”

CHAPTER 5 Regulation of Social Housing

165 Transfer of functions from the Office for Tenants and Social Landlords to the
Homes and Communities Agency

(1) 35Schedule 16 (transfer of functions from the Office for Tenants and Social
Landlords to the Homes and Communities Agency) has effect.

(2) In that Schedule—

• Part 1 amends the Housing and Regeneration Act 2008 (regulation of
  social housing) so as to—

  (a)

  abolish the Office for Tenants and Social Landlords (“the
  5Office”),

  (b)

  create the Regulation Committee of the Homes and
  Communities Agency (“the HCA”), and

  (c)

  transfer the functions of the Office to the HCA acting through
  the Committee,

• 10Part 2 makes consequential amendments to other enactments,

• Part 3 contains provision transferring property, rights and liabilities of the
  Office to the HCA, and

• Part 4 contains transitional and saving provisions.

166 Regulation of social housing

15Schedule 17 (regulation of social housing) has effect.

CHAPTER 6 Other housing matters

Housing ombudsman

167 Housing complaints

(1) In Schedule 2 to the Housing Act 1996 (social rented sector: housing
20complaints) after paragraph 7 insert—

“Complaints must be referred by designated person

7A (1) A complaint against a social landlord is not “duly made” to a
housing ombudsman under an approved scheme unless it is made in
writing to the ombudsman by a designated person by way of referral
25of a complaint made to the designated person.

(2) For the purposes of this paragraph “designated person” means—

(a) a member of the House of Commons,

(b) a member of the local housing authority for the district in
which the property concerned is located, or

(c) 30a designated tenant panel (see paragraph 7B(1)) for the social
landlord.

(3) Before making a referral under sub-paragraph (1), a designated
person must obtain written consent from the complainant or the
complainant’s representative.

(4) 35Sub-paragraphs (5) and (6) apply if under sub-paragraph (1) a
designated person refers a complaint to a housing ombudsman.

(5) If the ombudsman decides—

(a) not to investigate the complaint, or

(b) to discontinue investigation of the complaint,

the ombudsman must prepare a statement of reasons for that
decision and send a copy of the statement to the designated person.

(6) If the ombudsman completes investigation of the complaint, the
ombudsman must inform the designated person of—

(a) 5the results of the investigation, and

(b) any determination made.

(7) In sub-paragraph (2)(b) “district” in relation to a local housing
authority has the same meaning as in the Housing Act 1985.

Designated tenant panels

7B (1) 10In paragraph 7A(2)(c) “designated tenant panel” means a group of
tenants which is recognised by a social landlord for the purpose of
referring complaints against the social landlord.

(2) There may be more than one designated tenant panel for a social
landlord.

(3) 15Where a social landlord becomes a member of an approved scheme,
the social landlord must give to the person administering the scheme
contact details for any designated tenant panel for the social
landlord.

(4) Where a group becomes a designated tenant panel for a social
20landlord, the social landlord must, as respects each approved
scheme of which the social landlord is a member, give to the person
administering the scheme contact details for the panel.

(5) Where a group ceases to be a designated tenant panel for a social
landlord, the social landlord must inform the person administering
25each approved scheme of which the social landlord is a member.

(6) A complaint referred to a housing ombudsman under an approved
scheme by a designated tenant panel for a social landlord is not
affected by the group concerned ceasing to be a designated tenant
panel for the social landlord.

30Enforcement of a housing ombudsman’s determinations

7C (1) The Secretary of State may by order make provision for, or in
connection with, authorising a housing ombudsman under an
approved scheme to apply to a court or tribunal for an order that a
determination made by the ombudsman may be enforced as if it
35were an order of a court.

(2) Before the Secretary of State makes an order under sub-paragraph
(1), the Secretary of State must consult—

(a) one or more bodies appearing to the Secretary of State to
represent the interests of social landlords,

(b) 40one or more bodies appearing to the Secretary of State to
represent the interests of other members of approved
schemes,

(c) one or more bodies appearing to the Secretary of State to
represent the interests of tenants, and

(d) such other persons as the Secretary of State considers
appropriate.

(3) The Secretary of State’s power to make an order under sub-
paragraph (1) is exercisable by statutory instrument.

(4) 5A statutory instrument containing an order made by the Secretary of
State under sub-paragraph (1) is subject to annulment in pursuance
of a resolution of either House of Parliament.”

(2) Section 239(2) of the Housing and Regeneration Act 2008 (regulator may award
compensation if compensation awarded by housing ombudsman has not been
10paid) is omitted.

(3) Subsection (1), so far as it inserts paragraph 7A of Schedule 2 to the Housing
Act 1996, applies only in relation to complaints made to a housing ombudsman
after the coming into force of that subsection so far as it makes that insertion.

(4) Subsection (1), so far as it inserts paragraph 7C of that Schedule, applies only
15in relation to determinations made after the coming into force of that
subsection so far as it makes that insertion.

(5) Subsection (2) applies only in relation to determinations made after the coming
into force of that subsection.

168 Transfer of functions to housing ombudsman

(1) 20In Schedule 5 to the Local Government Act 1974 (matters not subject to
investigation by a Local Commissioner)—

(a) after paragraph 5 insert—

“5A Action which—

(a) is taken by or on behalf of a local authority in its
25capacity as a registered provider of social housing,
and

(b) is action in connection with its housing activities so
far as they relate to the provision or management of
social housing (and here “social housing” has the
30same meaning as in Part 2 of the Housing and
Regeneration Act 2008).

5B In the case of a local authority which is a registered provider
of social housing, action taken by or on behalf of the authority
in connection with the management of dwellings owned by
35the authority and let on a long lease (and here “long lease”
has the meaning given by section 59(3) of the Landlord and
Tenant Act 1987).”, and

(b) in paragraph 6 for the words from “not action” to the end substitute “—

(a) action in connection with functions in relation to
40social housing (and here “social housing” has the
same meaning as in Part 2 of the Housing and
Regeneration Act 2008), or

(b) action in connection with functions in relation to
anything other than housing.”

(2) 45The Housing Act 1996 is amended as follows.

(3) In section 51(2) (investigation of complaints against social landlords) before
paragraph (a) insert—

“(za) a local authority in England which is a registered provider of
social housing,”

(4) 5In Schedule 2 (schemes for the investigation of housing complaints)—

(a) in paragraph 1(1) after “social landlord” insert “, other than a local
housing authority,”,

(b) after paragraph 1(1) insert—

“(1A) A social landlord which is a local housing authority must be
10a member of an approved scheme covering, or more than one
scheme which together cover—

(a) action which—

(i) is taken by or on behalf of the authority in its
capacity as a registered provider of social
15housing, and

(ii) is action in connection with its housing
activities so far as they relate to the provision
or management of social housing (and here
“social housing” has the same meaning as in
20Part 2 of the Housing and Regeneration Act
2008), and

(b) action taken by or on behalf of the authority in
connection with the management of dwellings owned
by the authority and let on a long lease (and here
25“long lease” has the meaning given by section 59(3) of
the Landlord and Tenant Act 1987).”, and

(c) after paragraph 11(1) insert—

“(1A) If a change in the method of calculation under sub-paragraph
(1) would result in a member’s subscription being more than
30it would otherwise be, the change may be made only if the
Secretary of State approves it.

(1B) An approved scheme’s total defrayable expenses for a period
may be more than the scheme’s total defrayable expenses for
the immediately-preceding corresponding period only if the
35Secretary of State approves the increase.

(1C) In sub-paragraph (1A) “defrayable expenses”, in relation to a
scheme, means expenses of the scheme that are to be
defrayed by subscriptions from members of the scheme.”

(5) The Secretary of State may, in consequence of the amendments made by this
40section, make a scheme (“a transfer scheme”) transferring property, rights and
liabilities of the Commission for Local Administration in England to a person
administering a scheme approved under Schedule 2 to the Housing Act 1996.

(6) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred,
45and

(b) property acquired, and rights and liabilities arising, after the making of
the scheme.

(7) A transfer scheme may make consequential, supplementary, incidental or
transitional provision and may in particular—

(a) create rights, or impose liabilities, in relation to property or rights
transferred,

(b) 5make provision about the continuing effect of things done by or in
relation to the transferor in respect of anything transferred,

(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to the transferor in respect of anything transferred,

(d) 10make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee,

(e) make provision for the shared ownership or use of property, and

(f) if the TUPE regulations do not apply in relation to the transfer, make
15provision which is the same or similar.

(8) A transfer scheme may provide—

(a) for modification by agreement, and

(b) for modifications to have effect from the date when the original scheme
came into effect.

(9) 20In this section—

• “TUPE regulations” means the Transfer of Undertakings (Protection of
  Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246),

• references to rights and liabilities include rights and liabilities relating to
  a contract of employment, and

• 25references to the transfer of property include the grant of a lease.

(10) Subsection (1) applies only in relation to complaints made to a Local
Commissioner after the coming into force of that subsection.

(11) Subsection (3) or (4) applies only in relation to complaints made to a housing
ombudsman after the coming into force of that subsection.

169 30Transfer of functions to housing ombudsman: supplementary

(1) The Local Government Act 1974 is amended in accordance with subsections (2)
to (7).

(2) In section 33 (consultation between Local Commissioners and other
Commissioners)—

(a) 35in subsection (1) after paragraph (b) insert—

“(bza) by a housing ombudsman under the Housing Act
1996,”,

(b) in subsection (2) after “Parliamentary Commissioner,” insert “a
housing ombudsman,”,

(c) 40after subsection (3) insert—

“(3A) If at any stage in the course of conducting an investigation
under the Housing Act 1996, a housing ombudsman forms the
opinion that the complaint relates partly to a matter which
could be the subject of an investigation under this Part of the
45Act, the ombudsman must consult with the appropriate Local
Commissioner about the complaint and, if the ombudsman

considers it necessary, inform the person initiating the
complaint of the steps necessary to initiate a complaint under
this Part of this Act.”,

(d) in subsection (4) after “subsection (3)” insert “or (3A)”, and

(e) 5in that subsection after “1967” insert “or under the Housing Act 1996”.

(3) Section 33ZA (collaborative working between Local Commissioners and other
Commissioners) is amended as follows.

(4) In subsection (1) (power to conduct joint investigations)—

(a) in paragraph (c) for “both” substitute “a housing ombudsman”, and

(b) 10for the words from “jointly” to the end substitute “jointly with any also-
involved ombudsman or jointly with any two or more also-involved
ombudsmen.”

(5) After subsection (1) insert—

“(1A) In subsection (1) “also-involved ombudsman” means a person within
15subsection (1)(a), (b) or (c) who, in the opinion of the Local
Commissioner concerned, has jurisdiction in relation to a matter that is
included among the matters which are the subject of the Local
Commissioner’s investigation.”

(6) In subsection (3) (power to conduct joint investigations)—

(a) 20in paragraph (c) for “both” substitute “a housing ombudsman”, and

(b) for the words “jointly” to the end substitute “jointly with a person
within paragraph (a), (b) or (c) who is investigating the complaint or
jointly with any two or more such persons.”

(7) In section 34(1) (interpretation of Part 3) insert at the appropriate place—

• 25““housing ombudsman” means a housing ombudsman under a
  scheme approved under Schedule 2 to the Housing Act 1996,”.

(8) In Schedule 2 to the Housing Act 1996 (housing ombudsman schemes) after
paragraph 10 insert—

“Collaborative working with Local Commissioners

10A (1) 30If at any stage in the course of conducting an investigation under this
Act a housing ombudsman forms the opinion that the complaint
relates partly to a matter within the jurisdiction of a Local
Commissioner, the ombudsman may, subject to sub-paragraph (2),
conduct an investigation under this Act jointly with that
35Commissioner.

(2) A housing ombudsman must obtain the consent of the complainant
or the complainant’s representative before agreeing to a joint
investigation referred to in sub-paragraph (1).

(3) If a housing ombudsman forms the opinion that a complaint which
40is being investigated by a Local Commissioner relates partly to a
matter within the jurisdiction of the ombudsman, the ombudsman
may conduct an investigation jointly with that Commissioner.

(4) If a housing ombudsman conducts an investigation jointly with a
Local Commissioner, the requirements of paragraph 7 may be
45satisfied by a report made jointly with that person.

(5) A joint report made under this paragraph must distinguish
determinations of a housing ombudsman from other findings or
recommendations.”

Home information packs

170 5Abolition of home information packs

(1) Part 5 of the Housing Act 2004 (home information packs) is repealed.

(2) Schedule 18 (home information packs: consequential amendments) has effect.

Tenants’ deposits

171 Tenancy deposit schemes

(1) 10The Housing Act 2004 is amended as follows.

(2) In section 213 (requirements relating to tenancy deposits)—

(a) in subsection (3) (landlord’s requirement to comply with initial
requirements within 14 days of receipt of deposit) for “14” substitute
“30”, and

(b) 15in subsection (6)(b) (landlord’s requirement to give tenant information
within 14 days of receipt of deposit) for “14” substitute “30”.

(3) Section 214 (proceedings relating to tenancy deposits) is amended as follows.

(4) In subsection (1) (grounds for an application to a county court) for paragraph
(a) substitute—

“(a) 20that section 213(3) or (6) has not been complied with in relation
to the deposit, or”.

(5) After subsection (1) insert—

“(1A) Subsection (1) also applies in a case where the tenancy has ended, and
in such a case the reference in subsection (1) to the tenant is to a person
25who was a tenant under the tenancy.”

(6) In subsection (2) (conditions for a remedy)—

(a) in the opening words—

(i) for “Subsections (3) and (4)” substitute “Subsection (3) (subject
to subsection (3A)) and subsection (4)”,

(ii) 30omit “such”, and

(iii) after “application” insert “under subsection (1)”, and

(b) for paragraph (a) substitute—

“(a) is satisfied that section 213(3) or (6) has not been
complied with in relation to the deposit, or”.

(7) 35After subsection (3) insert—

“(3A) Subsection (3) does not apply in a case where the tenancy has ended at
the time of the application under subsection (1), and in such a case the
court may order the person who appears to the court to be holding the
deposit to repay all or part of it to the applicant within the period of 14
40days beginning with the date of the making of the order.”

(8) In subsection (4) (amount of penalty payment)—

(a) omit “also”, and

(b) for “equal to” substitute “not less than the amount of the deposit and
not more than”.

(9) 5Section 215 (sanctions for non-compliance) is amended as follows.

(10) In subsection (1) (prevention of service of notice under section 21 of the
Housing Act 1988)—

(a) at the beginning insert “Subject to subsection (2A),”, and

(b) for paragraph (b) substitute—

“(b) 10section 213(3) has not been complied with in relation to
the deposit.”

(11) In subsection (2) (prevention of service of notice under section 21 of the
Housing Act 1988) at the beginning insert “Subject to subsection (2A),”.

(12) After subsection (2) insert—

“(2A) 15Subsections (1) and (2) do not apply in a case where—

(a) the deposit has been returned to the tenant in full or with such
deductions as are agreed between the landlord and tenant, or

(b) an application to a county court has been made under section
214(1) and has been determined by the court, withdrawn or
20settled by agreement between the parties.”

(13) In Schedule 10 (provisions relating to tenancy deposit schemes) in paragraph
5A(9)(b) (modification of section 213(3)) for “14” substitute “30”.

Houses in multiple occupation

172 Exemption from HMO licensing for buildings run by co-operatives

(1) 25In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for the
purposes of that Act (excluding Part 1)) after paragraph 2A insert—

“Buildings controlled or managed by a co-operative society

2B (1) A building where—

(a) the person managing or having control of it is a co-operative
30society whose rules are such as to secure that each of the
conditions set out in sub-paragraph (2) is met, and

(b) no person who occupies premises in the building does so by
virtue of an assured tenancy, a secure tenancy or a protected
tenancy.

(2) 35The conditions are—

(a) that membership of the society is restricted to persons who
are occupiers or prospective occupiers of buildings managed
or controlled by the society,

(b) that all management decisions of the society are made by the
40members (or a specified quorum of members) at a general
meeting which all members are entitled to, and invited to,
attend,