Welfare Reform and Work Bill

fifth
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—

Clauses 21 to 25
Schedule 2
Clauses 26 to 32
Title

[Amendments marked * are new or have been altered]

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);

“(d)   the accommodation is owned by a community land trust within the
meaning of section 79 of the Housing and Regeneration Act 2008
(English bodies).”

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 9th January 2016