Welfare Reform and Work Bill

fourth
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 26th November 2015, as follows—

Clause 3
Clauses 7 to 10
Schedule 1
Clauses 16 to 25
Schedule 2
Clauses 26 to 32
Title

[Amendments marked * are new or have been altered]

Clause 3

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

70

Page 3, line 10, at end insert—

“( )     A report prepared under this section must include information regarding
the adequacy of resources given to local authorities to fund the support
provided for troubled families.”

BARONESS MANZOOR

71

Page 3, line 12, at end insert—

“( )     A report prepared under this section must include an assessment of—

(a)   the types of interventions provided by local authorities in the
previous financial year, and

(b)   the success or failure of the types of interventions provided by local
authorities in the previous financial year.”

Clause 7

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

72

Page 8, line 22, leave out subsection (2)

LORD BEST

THE EARL OF LISTOWEL

BARONESS MANZOOR

73

Page 8, line 37, at end insert—

“(5C)    Regulations under this section shall provide for an exception to the
benefit cap for a person or couple who have been placed in
temporary accommodation by a local housing authority in
pursuance of its duties under section 188, 190, 193 or 195 of the
Housing Act 1996.

(5D)    The period for which the exception in subsection (5C) applies shall
not exceed 39 weeks beginning with the date on which
accommodation was first provided under any of the duties
specified.”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

74

Page 8, line 38, at end insert—

“( )     In subsection (9) at end insert—

“(d)   provision for which would result in a breach of a person’s
convention rights (within the meaning of the Human Rights
Act 1998).””

BARONESS MEACHER

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

75

Page 9, leave out lines 1 and 2

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

76

Page 9, leave out lines 3 and 4

77

Page 9, leave out lines 5 and 6

BARONESS MEACHER

78

Page 9, leave out lines 7 to 10

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

79

Page 9, leave out lines 11 and 12

BARONESS MEACHER

80

Page 9, leave out lines 15 and 16

81

Page 9, leave out lines 17 and 18

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

82

Page 9, leave out lines 23 and 24

BARONESS MEACHER

83

Page 9, leave out lines 25 and 26

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

84

Page 9, leave out lines 30 and 31

85

Page 9, leave out lines 32 and 33

86

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons who have been placed in temporary accommodation by a
local authority which has found them to be in priority need as
defined in section 189 of the Housing Act 1996 (priority need for
accommodation) are exempted from the benefit cap.””

87

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of carer’s allowance as defined in section 70 of the
Social Security Contributions and Benefits Act 1992 (carer’s
allowance) are exempted from the benefit cap.””

88

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of universal credit who are not subject to all
work-related requirements as defined in section 22 of the Welfare
Reform Act 2012 (claimants subject to all work-related
requirements) are exempted from the benefit cap.””

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

89

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of employment and support allowance as
defined in section 1 of the Welfare Reform Act 2007 (employment
and support allowance) are exempted from the benefit cap.””

90

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of income support as defined in section 124 of the
Social Security Contributions and Benefits Act 1992 (income
support) are exempted from the benefit cap.””

LORD KERSLAKE

90A

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Regulations under this section must provide for an exemption from
the application of the benefit cap for individuals or couples owed a
duty to be provided with interim or temporary accommodation
under sections 188, 190, 193 or 200 of the Housing Act 1996.””

THE EARL OF LISTOWEL

BARONESS DRAKE

90B

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Kinship carers are exempted from the benefit cap if the kinship
carer concerned is caring for a child and—

(a)   is responsible for the child but is not the child’s parent or
step-parent and

(b)   has undertaken to look after the child because the child—

(i)   has no parents or has parents who are unable to care
for the child; or

(ii)   would likely be otherwise looked after by the local
authority because of concerns about the child’s
welfare.””

91

[Withdrawn]

Clause 8

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

92

Page 10, line 25, after “situation,” insert—

“( )   the relationship between the level of the benefit cap and
median household income,

( )   the impact on households affected by the benefit cap,

( )   the financial impact of the benefit cap on public authorities,
local authorities and registered social landlords,”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

THE EARL OF LISTOWEL

93

Page 10, line 25, after “situation,” insert—

“( )   the need to safeguard and promote the welfare of children
in the United Kingdom,”

BARONESS MEACHER

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

94

Page 10, line 26, at end insert—

“(c)   the impact of the benefit cap on disabled people, their
families and carers”

Clause 9

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

95

Page 11, line 30, leave out from “to” to end of line 31 and insert “be reviewed
annually by the Secretary of State having given regard to—

“(a)   the rate of inflation, and

(b)   the national economic situation.”

96

[Withdrawn]

BARONESS PITKEATHLEY

97

Page 11, line 31, at end insert—

“( )     Notwithstanding subsection (1), for each of the tax years ending with
5 April 2017, 5 April 2018, 5 April 2019 and 5 April 2020, the amount of each
of the relevant sums claimable by persons regularly and substantially
engaged in caring is to increase in line with inflation.”

BARONESS LISTER OF BURTERSETT

98

Page 11, line 32, leave out subsections (2) to (4)

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

99

Page 11, line 32, leave out subsections (2) to (4) and insert—

“( )     For each of the tax years ending with 5 April 2017, 5 April 2018, 5 April 2019
and 5 April 2020, the rates of child benefit are to rise in line with prices or
earnings or by 2.5 per cent, whichever is the highest.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS LISTER OF BURTERSETT

100

Page 11, line 33, leave out from “to” to end of line 34 and insert “be reviewed
annually by the Secretary of State having given regard to—

(a)   the rate of inflation, and

(b)   the national economic situation.”

LORD MACKENZIE OF CULKEIN

LORD MACLENNAN OF ROGART

THE LORD BISHOP OF ST ALBANS

101

Page 11, line 34, at end insert—

“( )     For each of the tax years ending with 5 April 2017, 5 April 2018, 5 April 2019
and 5 April 2020, the amount of the support group component of
employment and support allowance is to be up-rated in accordance with
Part X of the Social Security Administration Act 1992 (review and alteration
of benefits) plus an additional sum equal to the difference between the
value of the basic allowance of employment and support allowance as
subject to subsection (1) and what the value of the basic allowance of
employment and support allowance would have been had it been adjusted
for inflation.”

Clause 10

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

102

Page 12, line 21, leave out from “to” to end of line 22 and insert “be reviewed
annually by the Secretary of State having given regard to—

(a)   the rate of inflation, and

(b)   the national economic situation.”

103

[Withdrawn]

Clause 16

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

103A

Page 15, line 7, at end insert “including outlining the number of weeks a person
must wait after the need arises in order to apply for a loan under subsection (1),
which must be no longer than 13 weeks”

BARONESS MANZOOR

LORD MCKENZIE OF LUTON

104

Page 15, line 28, at end insert—

“( )     The regulations must provide that where—

(a)   repayment of the loan is to be made based on the proceeds of sale
of the person’s home, and

(b)   the person has an outstanding deferred payment agreement under
section 34 of the Care Act 2014 (deferred payment agreements and
loans),

the repayment of the loan may not be settled until any amounts payable to
the local authority under the deferred payment agreement have been
settled.”

LORD CURRY OF KIRKHARLE

104A

Page 15, line 31, at end insert—

“( )     Regulations under this section may not be made in connection with
persons who receive disability allowance.”

After Clause 16

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

104AZA

Insert the following new Clause—

“Grants for mortgage interest etc

(1)     Section 16 does not apply to an individual who is in receipt of pension
credit.

(2)     The Secretary of State shall by regulations provide for grants to be made for
claimants in receipt of pension credit in respect of a person’s liability to
make owner-occupier payments in respect of accommodation occupied by
the person as the person’s home.

(3)     The regulations made under subsection (2) may make provision about
eligibility to receive a grant, including outlining the number of weeks a
person must wait after the need arises in order to apply for a grant under
subsection (1), which must be no longer than 13 weeks.

(4)     Regulations under this section may make different provision for different
purposes.

(5)     Regulations under this section must be made by statutory instrument
subject to annulment in pursuance of a resolution of either House of
Parliament.”

Clause 20

LORD KIRKWOOD OF KIRKHOPE

LORD ROOKER

104AA

Page 19, line 25, at end insert—

“( )     Any relevant provider assisting with any provision for the expenses
of the Secretary of State under subsection (2)(a) shall provide an
annual governance report to Parliament or the Public Accounts
Committee of the House of Commons, detailing—

(a)   the remuneration of its directors;

(b)   a register of interests; and

(c)   the transparency of its board meetings.”

After Clause 20

EARL CATHCART

LORD BEST

104B

Insert the following new Clause—

“Power to supply relevant social security information to accommodation
provider

(1)     The Secretary of State, or a person providing services to the Secretary of
State, shall have power to supply information relating to any relevant
social security benefit to a person who provides accommodation to the
claimant for the relevant benefit so long as the claimant has given written
authority for the provider of the accommodation to receive such
information.

(2)     “Relevant social security benefit” has the same meaning as in section
121DA(7) of the Social Security Administration Act 1992 (interpretation of
Part VI).”

Before Clause 21

EARL CATHCART

104BA

Insert the following new Clause—

“Payments in respect of qualifying arrears

(1)     Regulations made by the Secretary of State under section 5 of the Social
Security Administration Act 1992 (claims and payments regulations) must
provide for the payment from an award of universal credit to the landlord
where there are qualifying arrears.

(2)     Qualifying arrears are arrears of rent in respect of which the housing costs
element of universal credit has been paid (whether or not such element
represents the whole or only part of the rent payable) where the claimant
has failed to pay rent to the landlord, notwithstanding that the claimant is
no longer in occupation of the premises in respect of which such arrears of
rent have accrued.

(3)     The regulations must provide for payment to the landlord from any current
award of universal credit in or towards satisfaction of the qualifying
arrears.

(4)     In this section—

“landlord” means the person who is entitled to the payment of rent for
the occupation of the property previously occupied by the claimant
as his or her home;

“rent” includes the licence or similar payment for the use and
occupation of the accommodation.”

THE EARL OF LISTOWEL

EARL CATHCART

BARONESS MEACHER

104BB

Insert the following new Clause—

“Direct payments to claimants

(1)     Regulations made by the Secretary of State under section 5 of the Social
Security Administration Act 1992 (claims and payments regulations) must
provide for the payment of the housing costs element of an award of
universal credit to the landlord where the claimant requests such payment
to be made to the landlord.

(2)     In this section—

“landlord” means the person who is entitled to payment of rent for the
occupation of the accommodation occupied by the claimant as his
or her home;

“rent” includes the licence or similar payment for the use and
occupation of the accommodation.”

Clause 21

LORD FREUD

104BC

Page 20, line 23, after “began” insert “at or”

LORD KERSLAKE

104C

Page 20, line 36, leave out “, second or third” and insert “or second”

104D

Page 20, line 38, leave out “, 1 April 2018 or 1 April 2019” and insert “or 1 April
2018”

LORD FREUD

104DA

Page 20, line 39, at end insert—

“( )     For the purposes of subsection (6), a private registered provider’s practice
as regards its tenancies is to be determined by reference to its practice as
regards the tenancies of its social housing in the year ending with 31 March
2016 (and a private registered provider which has no tenancies of its social
housing in that year is to be regarded as having no practice as regards its
tenancies).”

LORD KERSLAKE

104E

Page 20, line 43, at end insert—

“( )     From 1 April 2020 registered providers will increase rents by CPI plus 1 per
cent each year, and the Secretary of State will review the impact of this
section to determine flexibility for registered providers to increase social
rents by an additional amount above the increase in formula rent.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

BARONESS MANZOOR

105

Page 20, line 46, at end insert—

“( )     The Secretary of State must, within 12 months of this section coming into
force, produce a plan to offset the impact of lower social rents on housing
associations and local government.”

106

[Re-tabled as Amendment 104BA]

Clause 22

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

107

Page 21, line 6, at end insert—

“(c)   the accommodation is specified accommodation, as defined in The
Housing Benefit and Universal Credit (Supported
Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771).”

LORD BEST

108

Page 21, line 6, at end insert—

“(c)   the accommodation is owned by a fully mutual housing co-
operative within the meaning of paragraph 12(1)(h) of Schedule 1 to
the Housing Act 1988 (local authority tenancies etc).”

LORD KERSLAKE

108A

Page 21, line 6, at end insert—

“(c)   the accommodation is excepted from Right to Buy as a dwelling
specific to the needs of the disabled or elderly (with reference to
paragraphs 7 to 11 of Schedule 5 to the Housing Act 1985).”

LORD FREUD

108B

Page 21, line 7, leave out subsection (2) and insert—

“(2)     Section 21 does not apply in relation to social housing of a registered
provider if, where the registered provider’s interest in the property that
consists of or includes the social housing is subject to a mortgage—

(a)   the mortgagee is in possession of the interest in the property or the
part of the property that includes the social housing, in the exercise
of the mortgagee’s powers to enforce the mortgage,

(b)   a receiver has been appointed in relation to the interest in the
property or the part of the property that includes the social housing
by—

(i)   the mortgagee, in the exercise of the mortgagee’s powers to
enforce the mortgage, or

(ii)   the court, in connection with enforcing the mortgage,

and that appointment is in force, or

(c)   a person has been appointed by the mortgagee, in the exercise of the
mortgagee’s powers to enforce the mortgage (including, in the case
of a floating charge which relates to the interest in the property, the
power under paragraph 14 of Schedule B1 to the Insolvency Act
1986), to exercise powers that include a power to sell or otherwise
dispose of the interest in the property or the part of the property
that includes the social housing and that appointment is in force.”

108C

Page 21, line 18, leave out subsection (3) and insert—

“(3)     If—

(a)   a registered provider’s interest in property that consists of or
includes social housing was made subject to a mortgage, and

(b)   the interest in the property, or the interest in the part that includes
the social housing, is sold or otherwise disposed of after the coming
into force of section 21 by—

(i)   the mortgagee, in the exercise of the mortgagee’s powers to
enforce the mortgage,

(ii)   a receiver appointed by the mortgagee or by the court as
described in subsection (2)(b), or

(iii)   a person appointed by the mortgagee as described in
subsection (2)(c),

section 21 ceases to apply in relation to that social housing at the time of
that sale or other disposal.”

108D

Page 21, line 33, at end insert—

“( )     In subsections (2) and (3)—

“mortgage” includes a charge or other security;

“mortgagee” includes a person who is entitled to take steps to enforce
a charge or other security.”

LORD BEST

LORD KERSLAKE

THE LORD BISHOP OF ROCHESTER

LORD SHIPLEY

109

Page 21, line 33, at end insert—

“( )     Section 21 does not apply to social housing which meets the definition of
supported housing as defined in The Housing Benefit and Universal Credit
(Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/
771).”

LORD RAMSBOTHAM

109A

Page 21, line 33, at end insert—

“( )     Section 21 does not apply in relation to a registered provider of social
housing which is an almshouse charity.”

After Clause 23

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

110

Insert the following new Clause—

“Housing costs in the private rented sector

(1)     The Secretary of State must, at a time no later than the end of the financial
year ending March 2017 and at least once during the course of each of the
subsequent four financial years, review the relationship between housing
costs in the private rented sector and levels of local housing allowance.

(2)     Where a review under subsection (1) shows that less than 30 per cent of
private rented properties in each locality are affordable to persons in
receipt of local housing allowance, the Secretary of State must by
regulations under section 130A of the Social Security Contributions and
Benefits Act 1992 (appropriate maximum housing benefit) amend the rates
of local housing allowance.”

Schedule 2

LORD KERSLAKE

110A

Page 32, line 16, at end insert—

“( )     The registered provider must have regard to rent standard guidance in
calculating social rents for new properties and shall retain discretion to
adjust those rents to reflect appropriately local factors.”

110B

Page 33, line 10, at end insert—

“( )     The registered provider must have regard to rent standard guidance in
calculating affordable rents for new properties and shall retain
discretion to adjust those rents to reflect appropriately local factors.”

LORD FREUD

110C

Page 34, line 9, leave out sub-paragraph (2) and insert—

“(2)     Part 1 does not apply in relation to social housing of a registered
provider if, where the registered provider’s interest in the property that
consists of or includes the social housing is subject to a mortgage—

(a)   the mortgagee is in possession of the interest in the property or
the part of the property that includes the social housing, in the
exercise of the mortgagee’s powers to enforce the mortgage,

(b)   a receiver has been appointed in relation to the interest in the
property or the part of the property that includes the social
housing by—

(i)   the mortgagee, in the exercise of the mortgagee’s powers
to enforce the mortgage, or

(ii)   the court, in connection with enforcing the mortgage,

and that appointment is in force, or

(c)   a person has been appointed by the mortgagee, in the exercise of
the mortgagee’s powers to enforce the mortgage (including, in
the case of a floating charge which relates to the interest in the
property, the power under paragraph 14 of Schedule B1 to the
Insolvency Act 1986), to exercise powers that include a power to
sell or otherwise dispose of the interest in the property or the part
of the property that includes the social housing and that
appointment is in force.”

110D

Page 34, line 21, leave out sub-paragraph (3) and insert—

“(3)     If—

(a)   a registered provider’s interest in property that consists of or
includes social housing was made subject to a mortgage, and

(b)   the interest in the property, or the interest in the part that
includes the social housing, is sold or otherwise disposed of after
the coming into force of Part 1 by—

(i)   the mortgagee, in the exercise of the mortgagee’s powers
to enforce the mortgage,

(ii)   a receiver appointed by the mortgagee or by the court as
described in sub-paragraph (2)(b), or

(iii)   a person appointed by the mortgagee as described in sub-
paragraph (2)(c),

Part 1 ceases to apply in relation to that social housing at the time of that
sale or other disposal.”

110E

Page 34, line 36, at end insert—

“( )     In sub-paragraphs (2) and (3)—

“mortgage” includes a charge or other security;

“mortgagee” includes a person who is entitled to take steps to
enforce a charge or other security.”

After Clause 26

LORD FREUD

110F

Insert the following new Clause—

“Implied terms

(1)     A lease or other agreement by virtue of which a person is a tenant of a
registered provider contains, by virtue of this subsection, an implied term
enabling the registered provider to reduce the amount of rent payable by
the tenant, without giving prior notice, where the reduction is made for the
purpose of complying with a requirement imposed by or under section 21
or 26 or Part 1 of Schedule 2.

(2)     Subsection (1) has effect notwithstanding any express provision in a lease
or other agreement.

(3)     Section 102 of the Housing Act 1985 (variation of terms of a secure tenancy)
has effect subject to subsection (1).”

110G

Insert the following new Clause—

“Change of registered provider

(1)     This section applies if—

(a)   particular social housing of a registered provider becomes social
housing of another registered provider (“the transferee”), and

(b)   the social housing is subject to a tenancy that began before the social
housing became the transferee’s social housing.

(2)     Sections 21 to 26 and Schedule 2 have effect in relation to the amount of rent
payable by the tenant under the tenancy as if—

(a)   the transferee’s relevant years were the same as the initial
registered provider’s relevant years, and

(b)   rent payable by the tenant before the social housing became the
transferee’s social housing were rent payable to the transferee in
respect of such earlier periods.

(3)     Subsection (4) applies if, immediately before the social housing became the
transferee’s social housing, a requirement imposed by or under section 21
or 26 or Part 1 of Schedule 2 was disapplied or modified as regards the
social housing—

(a)   by a direction under section 23 or paragraph 6 of Schedule 2, or

(b)   under section 26(4).

(4)     If the social housing becomes the transferee’s social housing otherwise
than at the beginning of a relevant year of the initial registered provider,
the requirement continues not to apply or continues to apply as modified
(as the case may be) until—

(a)   the relevant year of the initial registered provider current when the
social housing becomes the transferee’s social housing comes to an
end, or

(b)   if earlier, the tenancy comes to an end.

(5)     In this section a reference to a relevant year of an initial registered provider
includes, in the case of an initial registered provider that has ceased to exist,
a reference to what would have been a relevant year of an initial registered
provider if it had not ceased to exist.

(6)     In this section “initial registered provider”, in relation to a tenancy of social
housing, means the first registered provider which—

(a)   was subject to a requirement imposed by or under section 21 or 26
or Part 1 of Schedule 2 as regards the tenancy, or

(b)   would have been so subject but for its being disapplied—

(i)   by a direction under section 23 or paragraph 6 of Schedule 2
or under section 26(4), or

(ii)   by or under section 22 or paragraph 5 of Schedule 2.”

110H

Insert the following new Clause—

“Transitional provision

(1)     This section applies if, immediately before the rent restriction period
ends—

(a)   a lease or other agreement by virtue of which a person is a tenant of
a registered provider contains provision under which rent will or
may be increased with effect from a date or dates specified in the
lease or other agreement (“rent review dates”), and

(b)   the registered provider is subject to a requirement imposed by or
under section 21 or 26 or Part 1 of Schedule 2 as regards the tenant.

(2)     The lease or other agreement contains, by virtue of this subsection, an
implied term enabling the registered provider to treat a date that falls—

(a)   after the rent restriction period ends, and

(b)   before the first rent review date to occur after the rent restriction
period ends,

as if that date were the first rent review date to occur after the rent
restriction period ends (instead of the date provided for in the lease or other
agreement).

(3)     Subsection (4) applies if, under the provision mentioned in subsection
(1)(a), the intervals between rent review dates may only be intervals of 51
weeks or more.

(4)     The lease or other agreement contains, by virtue of this subsection, an
implied term enabling the registered provider, if it acts as mentioned in
subsection (2), to treat the relevant date as if it were the second rent review
date to occur after the rent restriction period ends (instead of the date
provided for in the lease or other agreement).

(5)     In subsection (4) “the relevant date” means the date that precedes the
second rent review date by the same period as the date treated under
subsection (2) as the first rent review date precedes the first rent review
date provided for in the lease or other agreement.

(6)     The lease or other agreement contains, by virtue of this subsection, an
implied term requiring the registered provider, if it acts as mentioned in
subsection (4), to treat the date that precedes each subsequent rent review
date by the same period as if it were that subsequent rent review date
(instead of the date provided for in the lease or other agreement).

(7)     The lease or other agreement contains, by virtue of this subsection, an
implied term providing that, if the registered provider treats an earlier date
as if it were a rent review date because of a term implied by subsection (2),
(4) or (6), other provision in the lease or other agreement is to have effect
accordingly.

(8)     Nothing in this section prevents the registered provider and the tenant
varying or excluding by agreement a term implied by virtue of this section.

(9)     Section 102 of the Housing Act 1985 (variation of terms of a secure tenancy)
has effect subject to subsections (2), (4), (6) and (7).

(10)     In this section “rent restriction period”, in relation to a tenant of a registered
provider, means the period during which the registered provider might be
subject to a requirement imposed by or under section 21 or 26 or Part 1 of
Schedule 2 as regards the tenant.”

Clause 27

LORD FREUD

110J

Page 25, line 10, after “26” insert “and (Change of registered provider)”

Clause 31

LORD FREUD

110K

Page 27, line 21, at end insert—

“( )   section 21(3) and (4);”

110L

Page 27, line 23, leave out first “paragraph 6” and insert “paragraphs 6 and 10”

110M

Page 27, line 23, leave out second “paragraph 6” and insert “paragraphs 6 and 10”

LORD PATEL

111

Page 28, line 2, at end insert “, subject to sections 13(7A) and (7B), and 14(1A)
and (1B)”

 

Prepared 18th December 2015