Housing and Planning Bill (HL Bill 110)

Housing and Planning BillPage 10

(4) The authority must consider any representations made during the notice
period.

(5) The authority must wait until the notice period has ended before applying for
a banning order.

(6) 5A notice of intended proceedings may not be given after the end of the period
of 6 months beginning with the day on which the person was convicted of the
offence to which the notice relates.

15 Making a banning order

(1) The First-tier Tribunal may make a banning order against a person who—

(a) 10has been convicted of a banning order offence, and

(b) was a residential landlord or a property agent at the time the offence
was committed (but see subsection (3)).

(2) A banning order may only be made on an application by a local housing
authority in England that has complied with section 14.

(3) 15Where an application is made under section 14(1) against an officer of a body
corporate, the First-tier Tribunal may make a banning order against the officer
even if the condition in subsection (1)(b) of this section is not met.

(4) In deciding whether to make a banning order against a person, and in deciding
what order to make, the Tribunal must consider—

(a) 20the seriousness of the offence of which the person has been convicted,

(b) any previous convictions that the person has for a banning order
offence,

(c) whether the person is or has at any time been included in the database
of rogue landlords and property agents, and

(d) 25the likely effect of the banning order on the person and anyone else
who may be affected by the order.

16 Duration and effect of banning order

(1) A banning order must specify the length of each ban imposed by the order.

(2) A ban must last at least 12 months.

(3) 30A banning order may contain exceptions to a ban for some or all of the period
to which the ban relates and the exceptions may be subject to conditions.

(4) A banning order may, for example, contain exceptions—

(a) to deal with cases where there are existing tenancies and the landlord
does not have the power to bring them to an immediate end, or

(b) 35to allow letting agents to wind down current business.

17 Content of banning order: company involvement

(1) A banning order may include provision banning the person against whom it is
made from being involved in any company that carries out an activity that the
person is banned by the order from carrying out.

Housing and Planning BillPage 11

(2) For this purpose a person is “involved” in a company if the person acts as a
officer of the company or directly or indirectly takes part in or is concerned in
the management of the company.

18 Power to require information

(1) 5A local housing authority may require a person to provide specified
information for the purpose of enabling the authority to decide whether to
apply for a banning order against the person.

(2)
It is an offence for the person to fail to comply with a requirement, unless the
person has a reasonable excuse for the failure.

(3)
10It is an offence for the person to provide information that is false or misleading
if the person knows that the information is false or misleading or is reckless as
to whether it is false or misleading.

(4) A person who commits an offence under this section is liable on summary
conviction to a fine.

19 15Revocation or variation of banning orders

(1) A person against whom a banning order is made may apply to the First-tier
Tribunal for an order under this section revoking or varying the order.

(2) If the banning order was made on the basis of one or more convictions all of
which are overturned on appeal, the First-tier Tribunal must revoke the
20banning order.

(3) If the banning order was made on the basis of more than one conviction and
some of them (but not all) have been overturned on appeal, the First-tier
Tribunal may—

(a) vary the banning order, or

(b) 25revoke the banning order.

(4) If the banning order was made on the basis of one or more convictions that
have become spent, the First-tier Tribunal may—

(a) vary the banning order, or

(b) revoke the banning order.

(5) 30The power to vary a banning order under subsection (3)(a) or (4)(a) may be
used to add new exceptions to a ban or to vary—

(a) the banned activities,

(b) the length of a ban, or

(c) existing exceptions to a ban.

(6) 35In this section “spent”, in relation to a conviction, means spent for the purposes
of the Rehabilitation of Offenders Act 1974.

Consequences of banning order, including consequences of breach

20 Offence of breach of banning order

(1) A person who breaches a banning order commits an offence.

Housing and Planning BillPage 12

(2) A person guilty of an offence under subsection (1) is liable on summary
conviction to imprisonment for a period not exceeding 51 weeks or to a fine or
to both.

(3) If a financial penalty under section 22 has been imposed in respect of the
5breach, the person may not be convicted of an offence under this section.

(4) Where a person is convicted under subsection (1) of breaching a banning order
and the breach continues after conviction, the person commits a further offence
and is liable on summary conviction to a fine not exceeding one-tenth of level
2 on the standard scale for each day or part of a day on which the breach
10continues.

(5) In proceedings for an offence under subsection (4) it is a defence to show that
the person had a reasonable excuse for the continued breach.

(6) In relation to an offence committed before section 281(5) of the Criminal Justice
Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be
15read as a reference to 6 months.

21 Offences by bodies corporate

(1) Where an offence under section 20 committed by a body corporate is proved to
have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, an officer of a body corporate, the officer as well
20as the body corporate commits the offence and is liable to be proceeded against
and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection with
the member’s functions of management as if the member were an officer of the
25body corporate.

22 Financial penalty for breach of banning order

(1) The responsible local housing authority may impose a financial penalty on a
person if satisfied that the person’s conduct amounts to an offence under
section 20(1).

(2) 30In this section “responsible local housing authority” means the local housing
authority for the area in which the housing to which the conduct relates is
situated.

(3) Only one financial penalty under this section may be imposed in respect of the
same conduct unless subsection (4) allows another penalty to be imposed.

(4) 35If a breach continues for more than 6 months, a financial penalty may be
imposed for each additional 6 month period for the whole or part of which the
breach continues.

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

(6) 40The responsible local housing authority may not impose a financial penalty in
respect of any conduct amounting to an offence under section 20(1) if—

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

Housing and Planning BillPage 13

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

(7) Schedule 1 deals with—

(a) 5the procedure for imposing financial penalties,

(b) appeals against financial penalties, and

(c) enforcement of financial penalties.

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

(9) 10The Secretary of State may by regulations amend the amount specified in
subsection (5) to reflect changes in the value of money.

(10) A local housing authority must have regard to any guidance given by the
Secretary of State about the exercise of its functions under this section or
Schedule 1.

23 15Saving for illegal contracts

A breach of a banning order does not affect the validity or enforceability of any
provision of a tenancy or other contract entered into by a person despite any
rule of law relating to the validity or enforceability of contracts in
circumstances involving illegality.

24 20Banned person may not hold HMO licence etc

Schedule 2 changes the rules about granting and revoking licences under Parts
2 and 3 of the Housing Act 2004 where a banning order has been made.

25 Management orders following banning order

Schedule 3 amends the Housing Act 2004 to allow interim and final
25management orders to be made in cases where a banning order has been made.

Anti-avoidance

26 Prohibition on certain disposals

(1) A person who is subject to a banning order that includes a ban on letting may
not make an unauthorised transfer of an estate in land to a prohibited person.

(2) 30A disposal in breach of the prohibition imposed by subsection (1) is void.

(3) A transfer is “unauthorised” for the purposes of subsection (1) unless it is
authorised by the First-tier Tribunal on an application by the person who is
subject to the banning order.

(4) In subsection (1) “prohibited person” means—

(a) 35a person associated with the landlord,

(b) a business partner of the landlord,

(c) a person associated with a business partner of the landlord,

(d) a business partner of a person associated with the landlord,

Housing and Planning BillPage 14

(e) a body corporate of which the landlord or a person mentioned in
paragraph (a) to (d) is an officer,

(f) a body corporate in which the landlord has a shareholding or other
financial interest, or

(g) 5in a case where the landlord is a body corporate, any body corporate
that has an officer in common with the landlord.

(5) In section (4)

  • “associated person” is to be read in accordance with section 178 of the
    Housing Act 1996;

  • 10“business partner” is to be read in accordance with section 34(5) of the
    Deregulation Act 2015.

CHAPTER 3 Database of rogue landlords and property agents

The database and its content

27 15Database of rogue landlords and property agents

(1) The Secretary of State must establish and operate a database of rogue landlords
and property agents for the purposes of this Chapter.

(2) Sections 28 and 29 give local housing authorities in England responsibility for
maintaining the content of the database.

(3) 20The Secretary of State must ensure that local housing authorities are able to edit
the database for the purpose carrying out their functions under those sections
and updating the database under section 33.

28 Duty to include person with banning order

(1) A local housing authority in England must make an entry in the database in
25respect of a person if—

(a) a banning order has been made against the person following an
application by the authority, and

(b) no entry was made under section 29, before the banning order was
made, on the basis of a conviction for the offence to which the banning
30order relates.

(2) An entry made under this section must be maintained for the period for which
the banning order has effect and must then be removed.

29 Power to include person convicted of banning order offence

(1) A local housing authority in England may make an entry in the database in
35respect of a person if—

(a) the person has been convicted of a banning order offence, and

(b) the offence was committed at a time when the person was a residential
landlord or a property agent.

(2) A local housing authority in England may make an entry in the database in
40respect of a person who has, at least twice within a period of 12 months,

Housing and Planning BillPage 15

received a financial penalty in respect of a banning order offence committed at
a time when the person was a residential landlord or a property agent.

(3) A financial penalty is to be taken into account for the purposes of subsection
(2) only if the period for appealing the penalty has expired and any appeal has
5been finally determined or withdrawn.

(4) Section 30 imposes procedural requirements that must be met before an entry
may be made in the database under this section.

(5) An entry made under this section—

(a) must be maintained for the period specified in the decision notice given
10under section 30 before the entry was made (or that period as reduced
in accordance with section 35), and

(b) must be removed at the end of that period.

(6) Subsection (5)(a) does not prevent an entry being removed early in accordance
under section 35.

(7) 15The Secretary of State must publish guidance setting out criteria to which local
housing authorities must have regard in deciding—

(a) whether to make an entry in the database under this section, and

(b) the period to specify in a decision notice under section 30.

30 Procedure for inclusion under section 29

(1) 20If a local housing authority decides to make an entry in the database in respect
of a person under section 29 it must give the person a decision notice before the
entry is made.

(2) The decision notice must—

(a) explain that the authority has decided to make the entry in the database
25after the end of the period of 21 days beginning with the day on which
the notice is given (“the notice period”), and

(b) specify the period for which the person’s entry will be maintained,
which must be at least 2 years beginning with the day on which the
entry is made.

(3) 30The decision notice must also summarise the person’s appeal rights under
section 31.

(4) The authority must wait until the notice period has ended before making the
entry in the database.

(5) If a person appeals under section 31 within the notice period the local housing
35authority may not make the entry in the database until—

(a) the appeal has been determined or withdrawn, and

(b) there is no possibility of further appeal (ignoring the possibility of an
appeal out of time).

(6) A decision notice under this section may not be given after the end of the
40period of 6 months beginning with the day on which the person—

(a) was convicted of the banning order offence to which the notice relates,
or

(b) received the second of the financial penalties to which the notice
relates.

Housing and Planning BillPage 16

31 Appeals

(1) A person who has been given a decision notice under section 30 may appeal to
the First-tier Tribunal against—

(a) the decision to make the entry in the database in respect of the person,
5or

(b) the decision as to the period for which the person’s entry is to be
maintained.

(2) An appeal under this section must be made before the end of the notice period
specified in the decision notice under section 30(2).

(3) 10The Tribunal may allow an appeal to be made to it after the end of the notice
period if satisfied that there is a good reason for the person’s failure to appeal
within the period (and for any subsequent delay).

(4) On an appeal under this section the tribunal may confirm, vary or cancel the
decision notice.

32 15Information to be included in the database

(1) The Secretary of State may by regulations make provision about the
information that must be included in a person’s entry in the database.

(2) The regulations may, in particular, require a person’s entry to include—

(a) the person’s address or other contact details,

(b) 20the period for which the entry is to be maintained;

(c) details of properties owned, let or managed by the person;

(d) details of any banning order offences of which the person has been
convicted;

(e) details of any banning orders made against the person, whether or not
25still in force;

(f) details of financial penalties that the person has received.

(3) In relation to a case where a body corporate is entered in the database, the
regulations may also require information to be included about its officers.

33 Updating

30A local housing authority must take reasonable steps to keep information in
the database up-to-date.

34 Power to require information

(1) A local housing authority may require a person to provide specified
information for the purpose of enabling the authority to decide whether to
35make an entry in the database in respect of the person.

(2) A local housing authority that makes an entry in the database in respect of a
person, or that is proposing to make an entry in the database in respect of a
person, may require the person to provide any information needed to complete
the person’s entry or keep it up-to-date.

(3) 40It is an offence for the person to fail to comply with a requirement, unless the
person has a reasonable excuse for the failure.

Housing and Planning BillPage 17

(4) It is an offence for the person to provide information that is false or misleading
if the person knows that the information is false or misleading or is reckless as
to whether it is false or misleading.

(5) A person who commits an offence under this section is liable on summary
5conviction to a fine.

Removal or variation

35 Removal or variation of entries made under section 29

(1) An entry made in the database under section 29 may be removed or varied in
accordance with this section.

(2) 10If the entry was made on the basis of one or more convictions all of which are
overturned on appeal, the responsible local housing authority must remove
the entry.

(3) If the entry was made on the basis of more than one conviction and some of
them (but not all) have been overturned on appeal, the responsible local
15housing authority may—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

(4) If the entry was made on the basis of one or more convictions that have become
spent, the responsible local housing authority may—

(a) 20remove the entry, or

(b) reduce the period for which the entry must be maintained.

(5) If the entry was made on the basis that the person has received two or more
financial penalties and at least one year has elapsed since the entry was made,
the responsible local housing authority may—

(a) 25remove the entry, or

(b) reduce the period for which the entry must be maintained.

(6) The power in subsection (3), (4) or (5) may even be used—

(a) to remove an entry before the end of the two-year period mentioned in
section 30(2)(b), or

(b) 30to reduce the period for which an entry must be maintained to less than
the two-year period mentioned in section 30(2)(b).

(7) If a local housing authority removes an entry in the database, or reduces the
period for which it must be maintained, it must notify the person to whom the
entry relates.

(8) 35In this section—

  • “responsible local housing authority” means the local housing authority
    by which the entry was made;

  • “spent”, in relation to a conviction, means spent for the purposes of the
    Rehabilitation of Offenders Act 1974.

Housing and Planning BillPage 18

36 Requests for exercise of powers under section 35 and appeals

(1) A person in respect of whom an entry is made in the database under section 29
may request the responsible local housing authority to use its powers under
section 35 to—

(a) 5remove the entry, or

(b) reduce the period for which the entry must be maintained.

(2) The request must be in writing.

(3) Where a request is made, the local housing authority must—

(a) decide whether to comply with the request, and

(b) 10give the person notice of its decision.

(4) If the local housing authority decides not to comply with the request the notice
must include—

(a) reasons for that decision, and

(b) a summary of the appeal rights conferred by this section.

(5) 15Where a person is given notice that the responsible local housing authority has
decided not to comply with the request the person may appeal to the First-tier
Tribunal against that decision.

(6) An appeal to the First-tier Tribunal under subsection (5) must be made before
the end of the period of 21 days beginning with the day on which the notice
20was given.

(7) The First-tier Tribunal may allow an appeal to be made to it after the end of that
period if satisfied that there is a good reason for the person’s failure to appeal
within the period (and for any subsequent delay).

(8) On an appeal under this section the tribunal may order the local housing
25authority to—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

Access to information in the database

37 Access to database

30The Secretary of State must give every local housing authority in England
access to information in the database.

38 Use of information in database

(1) The Secretary of State may use information in the database for statistical or
research purposes.

(2) 35The Secretary of State may disclose information in the database to any person
if the information is disclosed in an anonymised form.

(3) Information is disclosed in an anonymised form if no individual or other
person to whom the information relates can be identified from the information.

(4) A local housing authority in England may only use information obtained from
40the database—

Housing and Planning BillPage 19

(a) for purposes connected with its functions under the Housing Act 2004,

(b) for the purposes of a criminal investigation or proceedings relating to a
banning order offence,

(c) for the purposes of an investigation or proceedings relating to a
5contravention of the law relating to housing or landlord and tenant,

(d) for the purposes of promoting compliance with the law relating to
housing or landlord and tenant by any person in the database, or

(e) for statistical or research purposes.

(5) For the purposes of paragraph 17 of Schedule 23 to the Finance Act 2011 (which
10relates to HMRC data-gathering powers), the database is to be treated as being
maintained by the Secretary of State.

CHAPTER 4 Rent repayment orders

Rent repayment orders: introduction

39 Introduction and key definitions

(1) 15This Chapter confers power on the First-tier Tribunal to make a rent repayment
order where a landlord has committed an offence to which this Chapter
applies.

(2) A rent repayment order is an order requiring the landlord under a tenancy of
housing in England to—

(a) 20repay an amount of rent paid by a tenant, or

(b) pay a local housing authority an amount in respect of a relevant award
of universal credit paid (to any person) in respect of rent under the
tenancy.

(3) A reference to “an offence to which this Chapter applies” is to an offence, of a
25description specified in the table, that is committed by a landlord in relation to
housing in England let by that landlord.

Act section general description of
offence
1 Criminal Law Act
1977
section 6(1) violence for securing
30entry
2 Protection from
Eviction Act 1977
section 1(2), (3) or (3A) eviction or harassment
of occupiers
3 Housing Act 2004 section 30(1) failure to comply with
improvement notice
4 . section 32(1) 35failure to comply with
prohibition order etc
5 . section 72(1) control or management
of unlicensed HMO

Housing and Planning BillPage 20

Act section general description of
offence
6 . section 95(1) control or management
of unlicensed house
7 This Act section 20 5breach of banning
order

(4) For the purposes of subsection (3), an offence under section 30(1) or 32(1) of the
Housing Act 2004 is committed in relation to housing in England let by a
landlord only if the improvement notice or prohibition order mentioned in that
10section was given in respect of a hazard on the premises let by the landlord (as
opposed, for example, to common parts).

Application for rent repayment order

40 Application for rent repayment order

(1) A tenant or a local housing authority may apply to the First-tier Tribunal for a
15rent repayment order against a person who has committed an offence to which
this Chapter applies.

(2) A tenant may apply for a rent repayment order only if —

(a) the offence relates to housing that, at the time of the offence, was let to
the tenant, and

(b) 20the offence was committed in the period of 12 months ending with the
day on which the application is made.

(3) A local housing authority may apply for a rent repayment order only if—

(a) the offence relates to housing in the authority’s area, and

(b) the authority has complied with section 41.

(4) 25In deciding whether to apply for a rent repayment order a local housing
authority must have regard to any guidance given by the Secretary of State.

41 Notice of intended proceedings

(1) Before applying for a rent repayment order a local housing authority must give
the landlord a notice of intended proceedings.

(2) 30A notice of intended proceedings must—

(a) inform the landlord that the authority is proposing to apply for a rent
repayment order and explain why,

(b) state the amount that the authority seeks to recover, and

(c) invite the landlord to make representations within a period specified in
35the notice of not less than 28 days (“the notice period”).

(3) The authority must consider any representations made during the notice
period.

(4) The authority must wait until the notice period has ended before applying for
a rent repayment order.

Housing and Planning BillPage 21

(5) A notice of intended proceedings may not be given after the end of the period
of 12 months beginning with the day on which the landlord committed the
offence to which it relates.

Making of rent repayment order

42 5Making of rent repayment order

(1) The First-tier Tribunal may make a rent repayment order if satisfied, beyond
reasonable doubt, that a landlord has committed an offence to which this
Chapter applies (whether or not the landlord has been convicted).

(2) A rent repayment order under this section may be made only on an application
10under section 40.

(3) The amount of a rent repayment order under this section is to be determined
in accordance with—

(a) section 43 (where the application is made by a tenant);

(b) section 44 (where the application is made by a local housing authority);

(c) 15section 45 (in certain cases where the landlord has been convicted etc).

43 Amount of order: tenants

(1) Where the First-tier Tribunal decides to make a rent repayment order under
section 42 in favour of a tenant, the amount is to be determined in accordance
with this section.

(2) 20The amount must relate to rent paid during the period mentioned in the table.

If the order is made on the ground
that the landlord has committed
the amount must relate to rent paid by the
tenant in respect of
an offence mentioned in row 1 or
2 of the table in section 39(3)
the period of 12 months ending with the
date of the offence
an offence mentioned in row 3, 4,
5, 6 or 7 of the table in section
39(3)
25a period, not exceeding 12 months,
during which the landlord was
committing the offence

(3) The amount that the landlord may be required to repay in respect of a period
must not exceed—

(a) 30the rent paid in respect of that period, less

(b) any relevant award of universal credit paid (to any person) in respect
of rent under the tenancy during that period.

(4) In determining the amount the tribunal must, in particular, take into account—

(a) the conduct of the landlord and the tenant,

(b) 35the financial circumstances of the landlord, and

(c) whether the landlord has at any time been convicted of an offence to
which this Chapter applies.

Housing and Planning BillPage 22

44 Amount of order: local housing authorities

(1) Where the First-tier Tribunal decides to make a rent repayment order under
section 42 in favour of a local housing authority, the amount is to be
determined in accordance with this section.

(2) 5The amount must relate to universal credit paid during the period mentioned
in the table.

In the order is made on the ground
that the landlord has committed
the amount must relate to universal credit
paid in respect of
an offence mentioned in row 1 or
2 of the table in section 39(3)
the period of 12 months ending with the
10date of the offence
an offence mentioned in row 3, 4,
5, 6 or 7 of the table in section
39(3)
a period, not exceeding 12 months,
during which the landlord was
committing the offence

(3) The amount that the landlord may be required to repay in respect of a period
15must not exceed the amount of universal credit that the landlord received
(directly or indirectly) in respect of rent under the tenancy for that period.

(4) In determining the amount the tribunal must, in particular, take into account—

(a) the conduct of the landlord,

(b) the financial circumstances of the landlord, and

(c) 20whether the landlord has at any time been convicted of an offence to
which this Chapter applies.

45 Amount of order following conviction

(1) Where the First-tier Tribunal decides to make a rent repayment order under
section 42 and both of the following conditions are met, the amount is to be the
25maximum that the tribunal has power to order in accordance with section 43
or 44 (but disregarding subsection (4) of those sections).

(2) Condition 1 is that the order—

(a) is made against a landlord who has been convicted of the offence, or

(b) is made against a landlord who has received a financial penalty in
30respect of the offence and is made at a time when there is no prospect
of appeal against that penalty.

(3)
Condition 2 is that the order is made—

(a) in favour of a tenant on the ground that the landlord has committed an
offence mentioned in row 1, 2, 3, 4 or 7 of the table in section 39(4), or

(b) 35in favour of a local housing authority.

(4) For the purposes of subsection (2)(b) there is “no prospect of appeal”, in
relation to a penalty, when the period for appealing the penalty has expired
and any appeal has been finally determined or withdrawn.

(5) Nothing in this section requires the payment of any amount that, by reason of
40exceptional circumstances, the tribunal considers it would be unreasonable to
require the landlord to pay.

Housing and Planning BillPage 23

Enforcement of rent repayment order

46 Enforcement of rent repayment orders

(1) An amount payable to a tenant or local housing authority under a rent
repayment order is recoverable as a debt.

(2) 5An amount payable to a local housing authority under a rent repayment order
does not, when recovered by the authority, constitute an amount of universal
credit recovered by the authority.

(3) The Secretary of State may by regulations make provision about how local
housing authorities are to deal with amounts recovered under rent repayment
10orders.

Local housing authority functions

47 Duty to consider applying for rent repayment orders

If a local housing authority becomes aware that a person has been convicted of
an offence to which this Chapter applies in relation to housing in its area, the
15authority must consider applying for a rent repayment order.

48 Helping tenants apply for rent repayment orders

(1) A local housing authority in England may help a tenant to apply for a rent
repayment order.

(2) A local housing authority may, for example, help the tenant to apply by
20conducting proceedings or by giving advice to the tenant.

Amendments etc and interpretation

49 Rent repayment orders: consequential amendments

(1) The Housing Act 2004 is amended as follows.

(2) In section 73 (other consequences of operating unlicensed HMOs: rent
25repayment orders)—

(a) in subsection (4), after “section 74” insert “(in the case of an HMO in
Wales) or in accordance with Chapter 4 of Part 2 of the Housing and
Planning Act 2016 (in the case of an HMO in England)”;

(b) in subsection (5)(a), after “HMO” insert “in Wales”.

(3) 30In section 96 (other consequences of operating unlicensed houses: rent
repayment orders)—

(a) in subsection (4), after “section 97” insert “(in the case of a house in
Wales) or in accordance with Chapter 4 of Part 2 of the Housing and
Planning Act 2016 (in the case of a house in England)”;

(b) 35in subsection (5)(a), after “house” insert “in Wales”.

Housing and Planning BillPage 24

50 Housing benefit: inclusion pending abolition

(1) In this Chapter a reference to universal credit or a relevant award of universal
credit includes housing benefit under Part 7 of the Social Security
Contributions and Benefits Act 1992.

(2) 5Where a local authority applies for a rent repayment order in relation to
housing benefit, a reference in this Chapter to “rent” includes any payment in
respect of which housing benefit may be paid.

51 Interpretation of Chapter

(1) In this Chapter—

  • 10“offence to which this Chapter applies” has the meaning given by section
    39;

  • “relevant award of universal credit” means an award of universal credit
    the calculation of which included an amount under section 11 of the
    Welfare Reform Act 2012;

  • 15“rent” includes any payment in respect of which an amount under section
    11 of the Welfare Reform Act 2012 may be included in the calculation of
    an award of universal credit;

  • “rent repayment order” has the meaning given by section 39.

(2) For the purposes of this Chapter an amount that a tenant does not pay as rent
20but which is offset against rent is to be treated as having been paid as rent.

CHAPTER 5 Interpretation of Part 2

52 Meaning of “letting agent” and related expressions

(1) In this Part “letting agent” means a person who engages in letting agency work
25(whether or not that person engages in other work).

(2) But a person is not a letting agent for the purposes of this Part if the person
engages in letting agency work in the course of that person’s employment
under a contract of employment.

(3) In this Part “letting agency work” means things done by a person in the course
30of a business in response to instructions received from—

(a) a person (“a prospective landlord”) seeking to find another person to
whom to let housing, or

(b) a person (“a prospective tenant”) seeking to find housing to rent.

(4)
But “letting agency work” does not include any of the following things when
35done by a person who does nothing else within subsection (3)—

(a) publishing advertisements or disseminating information;

(b) providing a means by which a prospective landlord or a prospective
tenant can, in response to an advertisement or dissemination of
information, make direct contact with a prospective tenant or a
40prospective landlord;

(c) providing a means by which a prospective landlord and a prospective
tenant can communicate directly with each other.

Housing and Planning BillPage 25

(5) In this Part “English letting agency work” means letting agency work that
relates to housing in England.

53 Meaning of “property manager” and related expressions

(1) In this Part “property manager” means a person who engages in English
5property management work.

(2) In this Part “English property management work” means things done by a
person in the course of a business in response to instructions received from
another person (“the client”) where—

(a) the client wishes the person to arrange services, repairs, maintenance,
10improvements or insurance in respect of, or to deal with any other
aspect of the management of, premises on the client’s behalf, and

(b) the premises consist of housing in England let under a tenancy.

54 General interpretation of Part

In this Part—

  • 15“banning order” has the meaning given by section 13;

  • “banning order offence” has the meaning given by section 13;

  • “database” means the database of rogue landlords and letting agents
    established under section 27;

  • “English letting agency work” has the meaning given by section 52;

  • 20“English property management work” has the meaning given by section
    53;

  • “financial penalty” means a penalty that—

    (a)

    is imposed in respect of conduct that amounts to an offence, but

    (b)

    is imposed otherwise than following the person’s conviction for
    25the offence;

  • “housing” means a building, or part of a building, occupied or intended
    to be occupied as a dwelling or as more than one dwelling;

  • “letting”—

    (a)

    includes the grant of a licence, but

    (b)

    30except in Chapter 4, does not include the grant of a tenancy or
    licence for a term of more than 21 years,

    and “let” is to be read accordingly;

  • “letting agency work” has the meaning given by section 52;

  • “letting agent” has the meaning given by section 52;

  • 35“local housing authority” has the meaning given by section 1 of the
    Housing Act 1985;

  • “officer”, in relation to a body corporate, means—

    (a)

    any director, secretary or other similar officer of the body
    corporate, or

    (b)

    40any person who was purporting to act in any such capacity;

  • “property agent” means a letting agent or property manager;

  • “property manager” has the meaning given by section 53;

  • “residential landlord” means a landlord of housing;

  • “tenancy”—

    (a)

    45includes a licence, but

    Housing and Planning BillPage 26

    (b)

    except in Chapter 4, does not include a tenancy or licence for a
    term of more than 21 years.

Part 3 Recovering abandoned premises in England

55 5Recovering abandoned premises

A private landlord may give a tenant a notice bringing an assured shorthold
tenancy to an end on the day on which the notice is given if—

(a) the tenancy relates to premises in England,

(b) the unpaid rent condition is met (see section 56),

(c) 10the landlord has given the warning notices required by section 57, and

(d) neither the tenant nor a named occupier has responded in writing to
any of those notices before the date specified in the warning notices.

56 The unpaid rent condition

(1) The unpaid rent condition is met if—

(a) 15rent is payable weekly or fortnightly and at least eight consecutive
weeks’ rent is unpaid,

(b) rent is payable monthly and at least two consecutive months’ rent is
unpaid,

(c) rent is payable quarterly and at least one quarter’s rent is more than
20three months in arrears, or

(d) rent is payable yearly and at least three months’ rent is more than three
months in arrears.

(2) If the unpaid rent condition has been met and a new payment of rent is made
before the notice under section 55 is given, the unpaid rent condition ceases to
25be met (irrespective of the period to which the new payment of rent relates).

(3) In this section “rent” means rent lawfully due from the tenant.

57 Warning notices

(1) Before bringing a tenancy to an end under section 55 the landlord must give
three warning notices, at different times, in accordance with this section.

(2) 30The first two warning notices must be given to the tenant and any named
occupier using one of the methods in section 59(2) or (3).

(3) The third warning notice must be given by fixing it to some conspicuous part
of the premises to which the tenancy relates.

(4) Each warning notice must explain—

(a) 35that the landlord believes the premises to have been abandoned,

(b) that the tenant or a named occupier must respond in writing before a
specified date if the premises have not been abandoned, and

(c) that the landlord proposes to bring the tenancy to an end if neither the
tenant nor a named occupier responds in writing before that date.