Housing and Planning Bill (HL Bill 110)

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124B Review of decisions about length of introductory tenancies in England

(1) A person who is offered an introductory tenancy of a dwelling-house
in England may request a review under this section.

(2) The sole purpose of a review under this section is to consider
5whether the length of the tenancy is in accordance with any policy
that the prospective landlord has about the length of introductory
tenancies it grants.

(3) The request must be made before the end of—

(a) the period of 21 days beginning with the day on which the
10person making the request first receives the offer, or

(b) such longer period as the prospective landlord may allow in
writing.

(4) On receiving the request the prospective landlord must carry out the
review.

(5) 15On completing the review the prospective landlord must —

(a) notify the tenant in writing of the outcome,

(b) revise its offer or confirm its original decision about the
length of the tenancy, and

(c) if it decides to confirm its original decision, give reasons.

(6) 20The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this
section.

(7) The regulations may, in particular—

(a) require the review to be carried out by a person of
25appropriate seniority who was not involved in the original
decision;

(b) make provision as to the circumstances in which the person
who requested the review is entitled to an oral hearing, and
whether and by whom that person may be represented.”

21 (1) 30Section 125A (extension of trial period by 6 months) is amended as follows.

(2) In subsection (1), for “both” substitute “each”.

(3) After subsection (3) insert—

(3A) The third condition must be met only if the introductory tenancy —

(a) is one to which section 124A(1) or (2) applies, or

(b) 35is adopted by a local housing authority or housing action
trust on or after the day on which paragraph 4 of Schedule 7
came fully into force.

(3B) The third condition is that the new expiry date would be before the
period mentioned in section 86A(3) of the Housing Act 1985 (review
40to determine what to do at end of fixed term secure tenancy); and for
this purpose “the new expiry date” means the last day of the 6 month
extension period mentioned in subsection (1).”

22 In section 128 (notice of proceedings for possession), in subsection (4), for the

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second sentence substitute—

“The date so specified—

(a) in a case where the introductory tenancy is a periodic
tenancy, must not be earlier than the date on which the
5tenancy could, apart from this Chapter, be brought to an end
by notice to quit given by the landlord on the same date as the
proceedings, and

(b) in a case where the introductory tenancy is a fixed term
tenancy, must not be earlier than the end of the period of 6
10weeks beginning with the date on which the notice of
proceedings is served.”

23 In section 137A (introductory tenancies that are to become flexible
tenancies), in subsection (2), for “, before entering into or adopting the
introductory tenancy” substitute “the introductory tenancy was entered into
15or adopted before the day on which paragraph 4 of Schedule 7 to the
Housing and Planning Act 2016 came fully into force and, before entering
into or adopting it,”.

24 In section 143A (demoted tenancies), in subsection (1), omit “periodic”.

25 In section 143E (notice of proceedings for possession), for subsection (3)
20substitute—

(3A) The date specified under subsection (2)(c)—

(a) in a case where the demoted tenancy is a periodic tenancy, must
not be earlier than the date on which the tenancy could, apart
from this Chapter, be brought to an end by notice to quit given
25 by the landlord on the same date as the proceedings, and

(b) in a case where the demoted tenancy is a fixed term tenancy,
must not be earlier than the end of the period of 6 weeks
beginning with the date on which the notice of proceedings is
served.”

26 (1) 30Section 143MA (demoted tenancies that are to become flexible tenancies) is
amended as follows.

(2) In subsection (1), for “section 107A of the Housing Act 1985” substitute
“section 115B of the Housing Act 1985 (certain tenancies granted etc before
the day on which paragraph 4 of Schedule 7 to the Housing and Planning
35Act 2016 came fully into force)”.

(3) After subsection (3) insert—

(3A) If the notice is given on or after the day on which paragraph 4 of
Schedule 7 to the Housing and Planning Act 2016 comes fully into
force, the period specified under subsection (3)(b) must be no more
40than five years.”

27 After section 143MA insert—

143MB Default flexible tenancies when no notice given under section
143MA

(1) This section applies where—

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(a) a landlord has the power to serve a notice under section
143MA on the tenant under a demoted tenancy but fails to do
so, and

(b) the tenancy comes to an end on or after the day on which
5paragraph 4 of Schedule 7 to the Housing and Planning Act
2016 comes fully into force.

(2) On ceasing to be a demoted tenancy, the tenancy becomes a secure
tenancy for a fixed term of 5 years that is a flexible tenancy.

(3) The terms of the new tenancy are the same as those of the tenancy
10that it replaces, so far as those terms are compatible with—

(a) a tenancy for a fixed term of 5 years, and

(b) the statutory provisions relating to flexible tenancies (within
the meaning given by section 143MA(5).”

Land Registration Act 2002 (c. 9)

28 15In section 132 of the Land Registration Act 2002 (interpretation), in the
definition of “flexible tenancy” in subsection (1), for “107A” substitute
“115B”.

Localism Act 2011 (c. 20)

29 The Localism Act 2011 (flexible tenancies: other amendments) is amended as
20follows.

30 In section 155, omit subsections (3) and (4).

31 In section 159 (further provisions about transfer of tenancy under section
158), in subsection (6)(b), for “107A” substitute “115B”.

Savings for flexible tenancies with only 9 months left to run

32 (1) 25Despite the repeal of sections 107D and 107E of the Housing Act 1985
(flexible tenancies: recovery of possession) by paragraph 14 above, those
sections continue to apply in relation to a flexible tenancy the term of which
ends within the period of 9 months beginning with the day on which
paragraph 4 of this Schedule comes fully into force.

(2) 30The amendments made by paragraphs 8 and 9 (which replace references to
proceedings for possession under section 107D of the Housing Act 1985) do
not apply in relation to such a tenancy.

Section 114

SCHEDULE 8 Succession to secure tenancies and related tenancies

35Housing Act 1985 (c. 68)

1 The Housing Act 1985 is amended as follows.

2 In section 86 (periodic tenancy arising on termination of fixed term), after

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subsection (1B) (inserted by Schedule 7) insert—

(1C) This section does not apply to a secure tenancy of a dwelling-house
in England if—

(a) the original secure tenant has died,

(b) 5the tenancy has been vested in, or otherwise disposed of to,
the current tenant in the course of the administration of the
original tenant’s estate, and

(c) the current tenant qualified to succeed the original tenant
under section 86G(2) or (4).”

3 (1) 10Section 86A (persons qualified to succeed: England) as inserted by the
Localism Act 2011—

(a) is renumbered section 86G (so that it follows on from section 86F as
inserted by Schedule 7 without making the numbering more
complex than it has to be), and

(b) 15is amended as follows.

(2) After subsection (7) insert—

(8) This section applies to a tenancy that was granted before 1 April
2012, or that arose by virtue of section 86 on the coming to the end of
a secure tenancy granted before 1 April 2012, as it applies to a secure
20tenancy granted on or after that day.”

4 In section 88 (cases where the tenant is a successor), in subsection (1), after
paragraph (b) insert—

(ba) the tenancy arose by virtue of section 89(2A) (fixed term
tenancy arising in certain cases following succession to
25periodic tenancy), or”.

5 (1) Section 89 (succession to periodic tenancy) is amended as follows.

(2) In subsection (1A), for “section 86A” substitute “section 86G”.

(3) After subsection (2) insert—

(2A) Where the tenancy vests in a person qualified to succeed the tenant
30under section 86G(2) or (4) and continues to be a secure tenancy—

(a) the periodic tenancy comes to an end immediately after
vesting, and

(b) a new tenancy of the same dwelling-house arises by virtue of
this subsection for a fixed term of 5 years.

(2B) 35The parties and terms of a tenancy arising by virtue of subsection
(2A) are the same as those of the tenancy that it replaces, except that
the terms—

(a) are confined to those which are compatible with a tenancy for
a fixed term of 5 years, and

(b) 40do not include any provision for re-entry or forfeiture.”

6 In section 117 (index of defined expressions), in the entry relating to persons
qualified to succeed, for “section 87” substitute “sections 86G and 87”.

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Housing Act 1996 (c. 52)

7 Before section 131 (but after the italic heading) insert—

130A Persons qualified to succeed to introductory tenancy: England

(1) A person is qualified to succeed the tenant under an introductory
5tenancy of a dwelling-house in England if—

(a) the person occupies the dwelling-house as his or her only or
principal home at the time of the tenant’s death, and

(b) the person is the tenant’s spouse or civil partner.

(2) A person is qualified to succeed the tenant under an introductory
10tenancy of a dwelling-house in England if—

(a) at the time of the tenant’s death the dwelling-house is not
occupied by a spouse or civil partner of the tenant as his or
her only or principal home,

(b) an express term of the tenancy makes provision for a person
15other than such a spouse or civil partner of the tenant to
succeed to the tenancy, and

(c) the person’s succession is in accordance with that term.

(3) Subsection (1) or (2) does not apply if the tenant was a successor as
defined in section 132.

(4) 20In such a case, a person is qualified to succeed the tenant if—

(a) an express term of the tenancy makes provision for a person
to succeed a successor to the tenancy, and

(b) the person’s succession is in accordance with that term.

(5) For the purposes of this section a person who was living with the
25tenant as the tenant’s wife or husband is to be treated as the tenant’s
spouse.

(6) Subsection (7) applies if, on the death of the tenant, there is by virtue
of subsection (5) more than one person who fulfils the condition in
subsection (1)(b).

(7) 30Such one of those persons as may be agreed between them or as may,
where there is no such agreement, be selected by the landlord is for
the purpose of this section to be treated as the fulfilling that
condition.”

8 (1) Section 131 (persons qualified to succeed tenant) is amended as follows.

(2) 35At the end of the heading for “tenant” substitute “to introductory tenancy:
Wales”.

(3) After “introductory tenancy” insert “of a dwelling-house in Wales”.

9 (1) Section 133 (succession to introductory tenancy) is amended as follows.

(2) After subsection (1) insert—

(1A) 40Where there is a person qualified to succeed the tenant under section
130A, the tenancy vests by virtue of this section—

(a) in that person, or

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(b) if there is more than one such person, in such one of them as
may be agreed between them or as may, where there is no
agreement, be selected by the landlord.”

(3) In subsection (2), after ““tenant” insert “under section 131”.

10 5Before section 143H (but after the italic heading) insert—

143GA Persons qualified to succeed to demoted tenancy: England

(1) A person is qualified to succeed the tenant under a demoted tenancy
of a dwelling-house in England if—

(a) the person occupies the dwelling-house as his or her only or
10principal home at the time of the tenant’s death, and

(b) the person is the tenant’s spouse or civil partner.

(2) A person is qualified to succeed the tenant under a demoted tenancy
of a dwelling-house in England if—

(a) at the time of the tenant’s death the dwelling-house is not
15occupied by a spouse or civil partner of the tenant as his or
her only or principal home,

(b) an express term of the tenancy makes provision for a person
other than such a spouse or civil partner of the tenant to
succeed to the tenancy, and

(c) 20the person’s succession is in accordance with that term.

(3) Subsection (1) or (2) does not apply if the tenant was a successor as
defined in section 132.

(4) In such a case, a person is qualified to succeed the tenant if—

(a) an express term of the tenancy makes provision for a person
25to succeed a successor to the tenancy, and

(b) the person’s succession is in accordance with that term.

(5) For the purposes of this section a person who was living with the
tenant as the tenant’s wife or husband is to be treated as the tenant’s
spouse.

(6) 30Subsection (7) applies if, on the death of the tenant, there is by virtue
of subsection (5) more than one person who fulfils the condition in
subsection (1)(b).

(7) Such one of those persons as may be agreed between them or as may,
where there is no such agreement, be selected by the landlord is for
35the purpose of this section to be treated as fulfilling that condition.

(8) This section applies to a tenancy that became a demoted tenancy
before or after Schedule 8 of the Housing Act 2015 comes into force.

143GB Succession to demoted tenancy: England

(1) This section applies if the tenant under a demoted tenancy of a
40dwelling-house in England dies.

(2) Where there is a person qualified to succeed the tenant under section
143GA, the tenancy vests by virtue of this section—

(a) in that person, or

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(b) if there is more than one such person, in such one of them as
may be agreed between them or as may, where there is no
agreement, be selected by the landlord.

(3) Where a periodic demoted tenancy vests in a person qualified to
5succeed the tenant under section 143GA(2) or (4) and continues to be
a demoted tenancy—

(a) the tenancy comes to an end immediately after vesting, and

(b) a new tenancy of the same dwelling-house arises by virtue of
this subsection for a fixed term of 5 years.

(4) 10The parties and terms of a tenancy arising by virtue of subsection (3)
are the same as those of the tenancy that it replaces, except that the
terms—

(a) are confined to those which are compatible with a tenancy for
a fixed term of 5 years[, and

(b) 15do not include any provision for re-entry or forfeiture.]

(5) Where a demoted tenancy comes to an end and a new tenancy arises
by virtue of subsection (3), as from that time the demotion order is to
be treated for all purposes as it had been made in relation to the new
tenancy (and the demotion period remains the same).”

11 (1) 20Section 143H (succession to demoted tenancy) is amended as follows.

(2) At the heading insert “: Wales”.

(3) In subsection (1), after “tenancy” insert “of a dwelling-house in Wales”.

12 In section 143I (no successor tenant: termination), after “section” insert
“143GA or”.

13 (1) 25Section 143J of the Housing Act 1996 (demoted tenancies: successor tenants)
is amended as follows.

(2) After subsection (3) insert—

(3A) The tenancy arose by virtue of section 89(2A) of the Housing Act
1985.”

(3) 30For subsection (7) substitute—

(7) A person is the successor to a demoted tenancy if—

(a) the tenancy vests in the person by virtue of section 143GB(2)
or 143H(4) or (5), or

(b) the tenancy arose by virtue of section 143GB(3).”

35Localism Act 2011 (c. 20)

14 In section 160 of the Localism Act 2011 (succession to secure tenancies), omit
subsection (6).

Savings

15 The amendments made by this Schedule do not apply in relation to cases
40where the tenant under a secure tenancy dies before it comes into force.

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16 The amendments made by paragraphs 7 and 8 do not apply in relation to an
introductory tenancy granted before the day on which this Schedule comes
into force.

17 The amendments made by paragraphs 10 to 13 do not apply in relation to
5cases where the tenant under a demoted tenancy dies before this Schedule
comes into force.

Section 117

SCHEDULE 9 Financial penalty as alternative to prosecution under Housing Act 2004

1 The Housing Act 2004 is amended as follows.

2 10In section 30 (offence of failing to comply with improvement notice), after
subsection (6) insert—

(7) See also section 249A (financial penalties as alternative to
prosecution for certain housing offences in England).

(8) If a local housing authority has imposed a financial penalty on a
15person under section 249A in respect of conduct amounting to an
offence under this section the person may not be convicted of an
offence under this section in respect of the conduct.”

3 In section 72 (offences in relation to licensing of HMOs), after subsection (7)
insert—

(7A) 20See also section 249A (financial penalties as alternative to
prosecution for certain housing offences in England).

(7B) If a local housing authority has imposed a financial penalty on a
person under section 249A in respect of conduct amounting to an
offence under this section the person may not be convicted of an
25offence under this section in respect of the conduct.”

4 In section 95 (offences in relation to licensing of houses under Part 3), after
subsection (6) insert—

(6A) See also section 249A (financial penalties as alternative to
prosecution for certain housing offences in England).

(6B) 30If a local housing authority has imposed a financial penalty on a
person under section 249A in respect of conduct amounting to an
offence under this section the person may not be convicted of an
offence under this section in respect of the conduct.”

5 In section 139 (overcrowding notices), after subsection (9) insert—

(10) 35See also section 249A (financial penalties as alternative to
prosecution for certain housing offences in England).

(11) If a local housing authority has imposed a financial penalty on a
person under section 249A in respect of conduct amounting to an
offence under this section the person may not be convicted of an
40offence under this section in respect of the conduct.”

6 In section 234 (management regulations in respect of HMOs), after

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subsection (5) insert—

(6) See also section 249A (financial penalties as alternative to
prosecution for certain housing offences in England).

(7) If a local housing authority has imposed a financial penalty on a
5person under section 249A in respect of conduct amounting to an
offence under this section the person may not be convicted of an
offence under this section in respect of the conduct.”

7 After section 249 insert—

“Financial penalties as alternative to prosecution

249A 10Financial penalties for certain housing offences in England

(1) The local housing authority may impose a financial penalty on a
person if satisfied that the person’s conduct amounts to a relevant
housing offence in respect of premises in England.

(2) In this section “relevant housing offence” means an offence under—

(a) 15section 30 (failure to comply with improvement notice),

(b) section 72 (licensing of HMOs),

(c) section 95 (licensing of houses under Part 3),

(d) section 139(7) (failure to comply with overcrowding notice),
or

(e) 20section 234 (management regulations in respect of HMOs).

(3) Only one financial penalty under this section may be imposed on a
person in respect of the same conduct.

(4) The amount of a financial penalty imposed under this section is to be
determined by the local housing authority, but must not be more
25than £30,000.

(5) The local housing authority may not impose a financial penalty in
respect of any conduct amounting to a relevant housing offence if—

(a) the person has been convicted of the offence in respect of that
conduct, or

(b) 30criminal proceedings for the offence have been instituted
against the person in respect of the conduct and the
proceedings have not been concluded.

(6) Schedule 13A deals with—

(a) the procedure for imposing financial penalties,

(b) 35appeals against financial penalties,

(c) enforcement of financial penalties, and

(d) guidance in respect of financial penalties.

(7) The Secretary of State may by regulations make provision about how
local housing authorities are to deal with financial penalties
40recovered.

(8) The Secretary of State may by regulations amend the amount
specified in subsection (4) to reflect changes in the value of money.

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(9) For the purposes of this section a person’s conduct includes a failure
to act.”

8 After Schedule 13 insert—

Section 249A

“Schedule 13A 5Financial penalties under section 249A

Notice of intent

1 Before imposing a financial penalty on a person under
section 249A the local housing authority must give the person
notice of the authority’s proposal to do so (a “notice of intent”).

2 (1) 10The notice of intent must be given before the end of the period of
6 months beginning with the first day on which the authority has
sufficient evidence of the conduct to which the financial penalty
relates.

(2) But if the person is continuing to engage in the conduct on that
15day, and the conduct continues beyond the end of that day, the
notice of intent may be given—

(a) at any time when the conduct is continuing, or

(b) within the period of 6 months beginning with the last day
on which the conduct occurs.

(3) 20For the purposes of this paragraph a person’s conduct includes a
failure to act.

3 The notice of intent must set out—

(a) the amount of the proposed financial penalty,

(b) the reasons for proposing to impose the financial penalty,
25and

(c) information about the right to make representations under
paragraph 4.

Right to make representations

4 (1) A person who is given a notice of intent may make written
30representations to the local housing authority about the proposal
to impose a financial penalty.

(2) Any representations must be made within the period of 28 days
beginning with the day after that on which the notice was given
(“the period for representations”).

35Final notice

5 After the end of the period for representations the local housing
authority must—

(a) decide whether to impose a financial penalty on the
person, and

(b) 40if it decides to impose a financial penalty, decide the
amount of the penalty.