Session 2014-15
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Deregulation Bill
to be moved
on report
After Clause 34
BARONESS BAKEWELL OF HARDINGTON MANDEVILLE
BARONESS GRENDER
LORD STONEHAM OF DROXFORD
LORD TOPE
Insert the following new Clause—
In the Housing Act 1988, after section 21 insert—
“21A Preventing retaliatory evictions
(1) A notice under section 21(1)(b) or (4)(a) (a “section 21 notice”) may
not be given in relation to an assured shorthold tenancy of a
dwelling-house in England within six months beginning with the
day of service of a relevant notice in relation to the dwelling-house.
(2) A section 21 notice given in relation to an assured shorthold
tenancy of a dwelling-house in England is invalid if—
(a) before the section 21 notice was given, the tenant made a
relevant complaint in relation to the dwelling-house to the
landlord or the relevant local housing authority, and
(b) since the section 21 notice was given, the relevant local
housing authority has served a relevant notice in relation to
the dwelling-house.
(3) It is a defence to proceedings for an order under section 21 in
relation to an assured shorthold tenancy of a dwelling-house in
England that—
(a) before the section 21 notice was given, the tenant made a
relevant complaint in relation to the dwelling-house to the
landlord or the relevant local housing authority, and
(b) subsection 4 applies.
(4) This subsection applies if—
(a) the relevant local housing authority has not decided
whether to inspect the dwelling-house or the common parts,
(b) the relevant local housing authority has decided to inspect
the dwelling-house or the common parts but has not
conducted an inspection,
(c) the relevant local housing authority has conducted an
inspection of the dwelling-house or the common parts but
has not decided whether to serve a relevant notice, or
(d) the relevant local housing authority has decided to serve a
relevant notice in relation to the dwelling-house but the
relevant notice has not been served.
(5) Subsection (1) does not apply where—
(a) the relevant notice has been wholly revoked under section
16 of the Housing Act 2004 (revocation and variation of
improvement notices) as a result of the notice having been
served in error,
(b) the relevant notice has been quashed under paragraph 15 of
Schedule 1 to that Act (procedure and appeals relating to
improvement notices),
(c) a decision of the relevant local housing authority to refuse
to revoke the relevant notice has been reversed under
paragraph 18 of Schedule 1 to that Act,
(d) a decision of the relevant local housing authority to take the
action to which the relevant notice relates has been reversed
under section 45 of that Act (appeals relating to emergency
measures), or
(e) the relevant notice has been made subject to an order under
section 29 of the Senior Courts Act 1981 (mandatory,
prohibiting and quashing orders).
(6) References in this section and section 21B to a relevant notice
served, or relevant complaint made, in relation to a dwelling-house
include a relevant notice served, or complaint made, in relation to
any common parts of the building of which the dwelling-house
forms a part.
(7) But subsection (6) applies only if—
(a) the landlord has an estate or interest in the common parts in
question, and
(b) the condition of those common parts is such as to affect the
tenant’s enjoyment of the dwelling-house or of any
common parts which the tenant is entitled to use.
(8) In this section and section 21B a reference to a complaint to a
landlord includes a complaint made to a person acting on behalf of
the landlord in relation to the tenancy.
(9) In this section and section 21B—
“assured shorthold tenancy” means a tenancy within section
19A or 20 of this Act;
“common parts”, in relation to a building, includes—
(a) the structure and exterior of the building, and
(b) common facilities provided (whether or not in the
building) for persons who include one or more of the
occupiers of the building;
“dwelling-house” has the meaning given by section 45 of this
Act;
“relevant complaint”, in relation to a dwelling-house, means a
complaint made—
(a) to a landlord in writing, or
(b) to a relevant local housing authority,
regarding the condition of the dwelling-house at the time of the complaint;
“relevant local housing authority”, in relation to a dwelling-
house, means the local housing authority as defined in
section 261(2) and (3) of the Housing Act 2004 within whose
area the dwelling-house is located;
“relevant notice” means—
(a) a notice served under section 11 of the Housing Act
2004 (improvement notices relating to category 1
hazards),
(b) a notice served under section 12 of that Act
(improvement notices relating to category 2
hazards),
(c) a notice served under section 28 of that Act (hazard
awareness notices relating to category 1 hazards),
(d) a notice served under section 29 of that Act (hazard
awareness notices relating to category 2 hazards), or
(e) a notice served under section 40(7) of that Act
(emergency remedial action).
21B Further exemptions to section 21A
(1) Subsections (1) to (3) of section 21A do not apply where the
condition of the dwelling-house or common parts that gave rise to
the service of the relevant notice, or consideration of whether to
serve a relevant notice, is due to a breach by the tenant of—
(a) the duty to use the dwelling-house in a tenant-like manner,
or
(b) an express term of the tenancy to the same effect.
(2) Subsection (3) of section 21A does not apply if the court considers
that the relevant complaint is totally without merit.
(3) Subsections (1) to (3) of section 21A do not apply where the
dwelling-house is genuinely on the market for sale.
(4) For the purposes of subsection (3), a dwelling-house is not
genuinely on the market for sale if, in particular, the landlord
intends to sell the landlord’s interest in the dwelling-house to—
(a) a person associated with the landlord,
(b) a business partner of the landlord,
(c) a person associated with a business partner of the landlord,
or
(d) a business partner of a person associated with the landlord.
(5) For the purposes of subsection (4), references to a person who is
associated with another person are to be read in accordance with
section 178 of the Housing Act 1996 (meaning of associated person).
(6) For the purposes of subsection (4), a business partner of a landlord
includes a person who is—
(a) a director, secretary or other officer of a company of which
the landlord is also a director, secretary or other officer, or
(b) a partner of a partnership of which the landlord is also a
partner.
(7) Subsections (1) to (3) of section 21A do not apply where the
landlord is a private registered provider of social housing.
(8) Subsections (1) to (3) of section 21A do not apply where—
(a) the dwelling-house is subject to a mortgage granted before
the beginning of the tenancy,
(b) the mortgagee is entitled to exercise a power of sale
conferred on the mortgagee or by section 101 of the Law of
Property Act 1925 (powers incident to estate or interest of
mortgage), and
(c) the mortgagee requires possession of the dwelling-house
for the purpose of disposing of it with vacant possession in
exercise of that power.
(9) In subsection (8)—
(a) “mortgage” includes a charge, and
(b) “mortgagee” includes a receiver appointed by the
mortgagee under the terms of the mortgage or in
accordance with the Law of Property Act 1925.””
Clause 89
LORD MCNALLY
Page 71, line 2, at end insert—
“(d) a regulatory function of the Commission for Equality and Human
Rights.”