Deregulation Bill (HL Bill 95)

(a) before the section 21 notice was given, the tenant made a complaint in
writing to the landlord regarding the condition of the dwelling-house
at the time of the complaint,

(b) the landlord—

(i) 5did not provide a response to the complaint within 14 days
beginning with the day on which the complaint was given,

(ii) provided a response to the complaint that was not an adequate
response, or

(iii) gave a section 21 notice in relation to the dwelling-house
10following the complaint,

(c) the tenant then made a complaint to the relevant local housing
authority about the same, or substantially the same, subject matter as
the complaint to the landlord,

(d) the relevant local housing authority served a relevant notice in relation
15to the dwelling-house in response to the complaint, and

(e) if the section 21 notice was not given before the tenant’s complaint to
the local housing authority, it was given before the service of the
relevant notice.

(3) The reference in subsection (2) to an adequate response by the landlord is to a
20response in writing which—

(a) provides a description of the action that the landlord proposes to take
to address the complaint, and

(b) sets out a reasonable timescale within which that action will be taken.

(4) Subsection (2) applies despite the requirement in paragraph (a) for a complaint
25to be in writing not having been met where the tenant does not know the
landlord’s postal or e-mail address.

(5) Subsection (2) applies despite the requirements in paragraphs (a) and (b) not
having been met where the tenant made reasonable efforts to contact the
landlord to complain about the condition of the dwelling-house but was
30unable to do so.

(6) The court must strike out proceedings for an order for possession under section
21 of the Housing Act 1988 in relation to a dwelling-house in England if, before
the order is made, the section 21 notice that would otherwise require the court
to make an order for possession in relation to the dwelling-house has become
35invalid under subsection (2).

(7) An order for possession of a dwelling-house in England made under section 21
of the Housing Act 1988 must not be set aside on the ground that a relevant
notice was served in relation to the dwelling-house after the order for
possession was made.

(8) 40Subsection (1) does not apply where the section 21 notice is given after—

(a) the relevant notice has been wholly revoked under section 16 of the
Housing Act 2004 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,

(c) 45a 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, or

(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.

(9) Subsection (2) does not apply where the operation of the relevant notice has
5been suspended.

(10) References in this section and section 34 to a relevant notice served, or
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.

(11) 10But subsection (10) applies only if—

(a) the landlord has a controlling 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
15tenant is entitled to use.

(12) In this section and section 34 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.

(13) In this section and section 34—

• 20“assured shorthold tenancy” means a tenancy within section 19A or 20 of
  the Housing Act 1988;

• “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
  25persons who include one or more of the occupiers of the
  building;

• “controlling interest” means an interest which is such as to entitle the
  landlord to decide whether action is taken in relation to a complaint
  within this section or a relevant notice.

• 30“dwelling-house” has the meaning given by section 45 of the Housing Act
  1988;

• “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;

• 35“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), or

  (c)

  40a notice served under section 40(7) of that Act (emergency
  remedial action);

• “section 21 notice” means a notice given under section 21(1)(b) or (4)(a) of
  the Housing Act 1988 (recovery of possession on termination of
  shorthold tenancy).

34 Further exemptions to section 33

(1) Subsections (1) and (2) of section 33 do not apply where the condition of the
dwelling-house or common parts that gave rise to the service of the relevant
notice is due to a breach by the tenant of—

(a) 5the duty to use the dwelling-house in a tenant-like manner, or

(b) an express term of the tenancy to the same effect.

(2) Subsections (1) and (2) of section 33 do not apply where at the time the section
21 notice is given the dwelling-house is genuinely on the market for sale.

(3) For the purposes of subsection (2), a dwelling-house is not genuinely on the
10market 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) 15a business partner of a person associated with the landlord.

(4) In subsection (3), references to a person who is associated with another person
are to be read in accordance with section 178 of the Housing Act 1996.

(5) For the purposes of subsection (3), a business partner of a person (“P”) is a
person who is—

(a) 20a director, secretary or other officer of a company of which P is also a
director, secretary or other officer,

(b) a director, secretary or other officer of a company in which P has a
shareholding or other financial interest,

(c) a person who has a shareholding or other financial interest in a
25company of which P is a director, secretary or other officer,

(d) an employee of P,

(e) a person by whom P is employed, or

(f) a partner of a partnership of which P is also a partner.

(6) Subsections (1) and (2) of section 33 do not apply where the landlord is a
30private registered provider of social housing.

(7) Subsections (1) and (2) of section 33 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
35mortgagee by the mortgage or by section 101 of the Law of Property Act
1925, and

(c) at the time the section 21 notice is given the mortgagee requires
possession of the dwelling-house for the purpose of disposing of it with
vacant possession in exercise of that power.

(8) 40In subsection (7)—

(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.

35 Notice to be provided in relation to periodic assured shorthold tenancies

In section 21 of the Housing Act 1988 (recovery of possession on termination of
shorthold tenancy), after subsection (4) insert—

“(4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has
5effect with the omission of the requirement for the date specified in the
notice to be the last day of a period of the tenancy.”

36 Time limits in relation to section 21 notices and proceedings

(1) Section 21 of the Housing Act 1988 is amended as follows.

(2) After subsection (4A) insert—

“(4B) 10A notice under subsection (1) or (4) may not be given in relation to an
assured shorthold tenancy of a dwelling-house in England—

(a) in the case of a tenancy which is not a replacement tenancy,
within the period of four months beginning with the day on
which the tenancy began, and

(b) 15in the case of a replacement tenancy, within the period of four
months beginning with the day on which the original tenancy
began.

(4C) Subsection (4B) does not apply where the tenancy has arisen due to
section 5(2).

(4D) 20Subject to subsection (4E), proceedings for an order for possession
under this section in relation to a dwelling-house in England may not
be begun after the end of the period of six months beginning with the
date on which the notice was given under subsection (1) or (4).

(4E) Where—

(a) 25a notice under subsection (4) has been given in relation to a
dwelling-house in England, and

(b) paragraph (b) of that subsection requires the date specified in
the notice to be more than two months after the date the notice
was given,

30proceedings for an order for possession under this section may not be
begun after the end of the period of four months beginning with the
date specified in the notice.”

(3) In subsection (6), for “subsection” substitute “subsections (4B)(b) and”.

37 Prescribed form of section 21 notices

35In section 21 of the Housing Act 1988, after subsection (7) insert—

“(8) The Secretary of State may by regulations made by statutory
instrument prescribe the form of a notice under subsection (1) or (4)
given in relation to an assured shorthold tenancy of a dwelling-house
in England.

(9) 40A statutory instrument containing regulations made under subsection
(8) is subject to annulment in pursuance of a resolution of either House
of Parliament.”

38 Compliance with prescribed legal requirements

After section 21 of the Housing Act 1988 insert—

“21A Compliance with prescribed legal requirements

(1) A notice under subsection (1) or (4) of section 21 may not be given in
5relation to an assured shorthold tenancy of a dwelling-house in
England at a time when the landlord is in breach of a prescribed
requirement.

(2) The requirements that may be prescribed are requirements imposed on
landlords by any enactment and which relate to—

(a) 10the condition of dwelling-houses or their common parts,

(b) the health and safety of occupiers of dwelling-houses, or

(c) the energy performance of dwelling-houses.

(3) In subsection (2) “enactment” includes an enactment contained in
subordinate legislation within the meaning of the Interpretation Act
151978.

(4) For the purposes of subsection (2)(a) “common parts” has the same
meaning as in Ground 13 in Part 2 of Schedule 2.

(5) A statutory instrument containing regulations made under this section
is subject to annulment in pursuance of a resolution of either House of
20Parliament.”

39 Requirement for landlord to provide prescribed information

After section 21A of the Housing Act 1988 insert—

“21B Requirement for landlord to provide prescribed information

(1) The Secretary of State may by regulations require information about the
25rights and responsibilities of a landlord and a tenant under an assured
shorthold tenancy of a dwelling-house in England (or any related
matters) to be given by a landlord under such a tenancy, or a person
acting on behalf of such a landlord, to the tenant under such a tenancy.

(2) Regulations under subsection (1) may—

(a) 30require the information to be given in the form of a document
produced by the Secretary of State or another person,

(b) provide that the document to be given is the version that has
effect at the time the requirement applies, and

(c) specify cases where the requirement does not apply.

(3) 35A notice under subsection (1) or (4) of section 21 may not be given in
relation to an assured shorthold tenancy of a dwelling-house in
England at a time when the landlord is in breach of a requirement
imposed by regulations under subsection (1).

(4) A statutory instrument containing regulations made under subsection
40(1) is subject to annulment in pursuance of a resolution of either House
of Parliament.”

40 Repayment of rent where tenancy ends before end of a period

After section 21B of the Housing Act 1988 insert—

“21C Repayment of rent where tenancy ends before end of a period

(1) A tenant under an assured shorthold tenancy of a dwelling-house in
5England is entitled to a repayment of rent from the landlord where—

(a) as a result of the service of a notice under section 21 the tenancy
is brought to an end before the end of a period of the tenancy,

(b) the tenant has paid rent in advance for that period, and

(c) the tenant was not in occupation of the dwelling-house for one
10or more whole days of that period.

(2) The amount of repayment to which a tenant is entitled under
subsection (1) is to be calculated in accordance with the following
formula—

(3) 20If the repayment of rent described in subsections (1) and (2) has not
been made when the court makes an order for possession under section
21, the court must order the landlord to repay the amount of rent to
which the tenant is entitled.

(4)
Nothing in this section affects any other right of the tenant to a
25repayment of rent from the landlord.”

41 Application of sections 33 to 40

(1) Subject to subsections (2) and (3), a provision of sections 33 to 40 applies only
to an assured shorthold tenancy of a dwelling-house in England granted on or
after the day on which the provision comes into force.

(2) 30Subject to subsection (3), a provision of sections 33 to 40 does not apply to an
assured shorthold tenancy that came into being under section 5(2) of the
Housing Act 1988 after the commencement of that provision and on the
coming to an end of an assured shorthold tenancy that was granted before the
commencement of that provision.

(3) 35At the end of the period of three years beginning with the coming into force of
a provision of sections 33 to 38 or section 40, that provision also applies to any
assured shorthold tenancy of a dwelling-house in England—

(a) which is in existence at that time, and

(b) to which that provision does not otherwise apply by virtue of
40subsection (1) or (2).

42 Optional building requirements

After section 2A of the Building Act 1984 insert—

“2B Optional requirements

(1) Building regulations made by the Secretary of State in relation to
5England may include a requirement that applies only where a planning
authority makes compliance with the requirement a condition of a
grant of planning permission.

(2) In the following provisions of this section, a requirement included in
building regulations by virtue of subsection (1) is referred to as an
10“optional requirement”.

(3) Building regulations may specify that an optional requirement is
capable of applying only in respect of development of a kind described
in the regulations.

(4) Building regulations may specify conditions that must be satisfied
15before a planning authority may make compliance with an optional
requirement a condition of the grant of planning permission.

(5) Building regulations may specify the steps that a planning authority
must take to inform a person subject to an optional requirement of the
requirement.

(6) 20Where building regulations include an optional requirement that
would (to any extent) be inconsistent with another requirement
imposed by the regulations, the building regulations must provide—

(a) that the other requirement does not apply in any case where the
optional requirement applies, or

(b) 25that the other requirement applies in any such case with
modifications specified in the regulations.

(7) In this section —

• “development” has the same meaning as in the Town and Country
  Planning Act 1990 (see section 55 of that Act);

• 30“planning authority” means—

  (a)

  a local planning authority within the meaning of that
  Act (see section 336(1));

  (b)

  the Secretary of State (in the exercise of functions of
  granting planning permission);

• 35“planning permission” has the same meaning as in that Act (see
  section 336(1)).”

43 Amendment of Planning and Energy Act 2008

In the Planning and Energy Act 2008, in section 1 (energy policies), after
subsection (1) insert—

“(1A) 40Subsection (1)(c) does not apply to development in England that
consists of the construction or adaptation of buildings to provide
dwellings or the carrying out of any work on dwellings.”

44 Short-term use of London accommodation: power to relax restrictions

(1) The Secretary of State may by regulations made by statutory instrument make
provision for circumstances in which the use as temporary sleeping
accommodation of any residential premises in Greater London does not
5involve a material change of use by virtue of section 25(1) of the Greater
London Council (General Powers) Act 1973.

(2) Regulations under this section may also make provision for and in connection
with enabling the Secretary of State or a local planning authority to direct that
provision included in the regulations by virtue of subsection (1) does not apply
10to particular residential premises or to residential premises situated in a
particular area.

(3) Regulations under this section may amend the Greater London Council
(General Powers) Act 1973.

(4) Regulations under this section may—

(a) 15make different provision for different purposes;

(b) include incidental, supplementary, consequential, transitional,
transitory or saving provision.

(5) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
20resolution of, each House of Parliament.

(6) In this section, “local planning authority” has the same meaning as in the Town
and Country Planning Act 1990 (see section 336(1) of that Act).

45 Designation of urban development areas: procedure

(1) Section 134 of the Local Government, Planning and Land Act 1980 (urban
25development areas) is modified as follows in relation to an order under
subsection (1) of that section designating any area of land in England as an
urban development area that is contained in an instrument laid before
Parliament on or before 31 March 2016.

(2) The section has effect as if after subsection (1) there were inserted—

“(1A) 30Before making an order under subsection (1), the Secretary of State
must consult the following persons—

(a) persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the proposed urban
development area;

(b) 35persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
proposed urban development area;

(c) each local authority for an area which falls wholly or partly
within the proposed urban development area; and

(d) 40any other person whom the Secretary of State considers it
appropriate to consult.”

(3) The section has effect as if for subsection (4) there were substituted—

“(4) A statutory instrument containing an order under subsection (1) is
subject to annulment in pursuance of a resolution of either House of
45Parliament.”

(4) The duty to consult under section 134(1A) of the Local Government, Planning
and Land Act 1980 (inserted by subsection (2) above) may be satisfied by
consultation before this section comes into force.

46 Establishment of urban development corporations: procedure

(1) 5Section 135 of the Local Government, Planning and Land Act 1980 (urban
development corporations) is modified as follows in relation to an order under
that section establishing an urban development corporation for an urban
development area in England that is contained in an instrument laid before
Parliament on or before 31 March 2016.

(2) 10The section has effect as if after subsection (1) there were inserted—

“(1A) Before making an order under this section, the Secretary of State must
consult the following persons—

(a) persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the urban development area;

(b) 15persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
urban development area;

(c) each local authority for an area which falls wholly or partly
within the urban development area; and

(d) 20any other person whom the Secretary of State considers it
appropriate to consult.”

(3) The section has effect as if for subsection (3) there were substituted—

“(3) A statutory instrument containing an order under this section is subject
to annulment in pursuance of a resolution of either House of
25Parliament.”

(4) The duty to consult under section 135(1A) of the Local Government, Planning
and Land Act 1980 (inserted by subsection (2) above) may be satisfied by
consultation before this section comes into force.

47 Provision of advice etc about residential licences

30In the Housing Act 1996, after section 220 insert—

“220A Provision of general advice etc about residential licences: England

(1) The Secretary of State may give financial assistance to any person in
relation to the provision by that person of—

(a) information, training or general advice about any matter
35relating to residential licences in England, or

(b) a dispute resolution service in connection with any matter
relating to residential licences in England.

(a)(a)information, training or general advice about any matter
relating to residential licences in England, or

(b) 40a dispute resolution service in connection with any matter
relating to residential licences in England.

(2) Financial assistance under this section may be given in such form and
on such terms as the Secretary of State considers appropriate.

(3) The terms on which financial assistance under this section may be
45given may, in particular, include provision as to the circumstances in
which the assistance must be repaid or otherwise made good to the
Secretary of State and the manner in which that is to be done.”

Transport

48 Removal of restrictions on provision of passenger rail services

(1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger
transport areas), in section 10(1) (general powers of Executive)—

(a) 5after paragraph (i) insert—

“(ia) to carry passengers by railway—

(a) where that area is in England, between places in
that area, between such places and any place in
Great Britain which is outside that area, or
10between places in Great Britain which are
outside that area, or

(b) where that area is in Wales or Scotland, between
places in that area or between such places and
any place outside that area but within the
15permitted distance, that is to say, the distance of
twenty-five miles from the nearest point on the
boundary of that area;”;

(b) in paragraph (ii), for “other form of land transport” substitute “form of
land transport other than road or railway”.

(2) 20Schedule 8 contains—

(a) amendments in consequence of subsection (1), and

(b) further amendments in connection with the provision of passenger rail
services.

49 Road traffic legislation: use of vehicles in emergency response by NHS

(1) 25Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed
limits), as substituted by section 19 of the Road Safety Act 2006, is amended in
accordance with subsections (2) and (3).

(2) In subsection (1)—

(a) in paragraph (a), omit “, for ambulance purposes”;

(b) 30after paragraph (a) insert—

“(aa) it is being used for ambulance purposes or for the
purpose of providing a response to an emergency at the
request of an NHS ambulance service”;

(c) in paragraph (c), after “paragraph (a)” insert “, (aa)”.

(3) 35After subsection (1) insert—

“(1A) In subsection (1)(aa), “an NHS ambulance service” means—

(a) an NHS trust or NHS foundation trust established under the
National Health Service Act 2006 which has a function of
providing ambulance services;

(b) 40an NHS trust established under the National Health Service
(Wales) Act 2006 which has a function of providing ambulance
services;

(c) the Scottish Ambulance Service Board.”