Housing and Planning Bill (HL Bill 110)

(5) The date specified under subsection (4)(b) must be after the end of the period
of 8 weeks beginning with the day on which the first warning notice is given to
the tenant.

(6) The first warning notice may be given even if the unpaid rent condition is not
5yet met.

(7) The second warning notice may be given only once the unpaid rent condition
has been met.

(8) The second warning notice must be given at least two weeks, and no more than
4 weeks, after the first warning notice.

(9) 10The third warning notice must be given before the period of 5 days ending with
the date specified in the warning notices under subsection (4)(b).

(10) The Secretary of State may make regulations setting out the form that the third
warning notice must take.

(11) In this Part “named occupier” means a person named in the tenancy as a person
15who may live at the premises to which the tenancy relates.

58 Reinstatement

(1) Where a tenancy is brought to an end by a notice under section 55 the tenant
may apply to the county court for an order reinstating the tenancy if the tenant
has a good reason for having failed to respond to the warning notices.

(2) 20If the county court finds that the tenant had a good reason for failing to respond
to the warning notices it may make any order it thinks fit for the purpose of
reinstating the tenancy.

(3) An application under this section may not be made after the end of the period
of 6 months beginning with the day on which the notice under section 55 is
25given.

59 Methods for giving notices under sections 55 and 57

(1) This section sets out the methods for giving—

(a) a notice under section 55;

(b) the first or second warning notice under section 57.

(2) 30The notice may given by delivering it to the tenant or named occupier in
person.

(3) If the notice is not delivered to the tenant or named occupier in person it must
be given by—

(a) leaving it at, or sending it to, the premises to which the tenancy relates,

(b) 35leaving it at, or sending it to, every other postal address in the United
Kingdom that the tenant or named occupier has given the landlord as
a contact address for giving notices,

(c) sending it to every email address that the tenant or named occupier has
given the landlord as a contact address for giving notices, and

(d) 40in the case of a tenant, leaving it at or sending it to every postal address
in the United Kingdom of every guarantor, marked for the attention of
the tenant.

(4) In subsection (3) “guarantor”, in relation to a tenant, means a person who has
agreed with the landlord to guarantee the performance by the tenant of any of
the tenant’s obligations under the tenancy.

60 Interpretation of Part

5In this Part—

• “assured shorthold tenancy” has the same meaning as in Part 1 of the
  Housing Act 1988;

• “named occupier” has the meaning given by section 57;

• “private landlord” means a landlord who is not within section 80(1) of the
  10Housing Act 1985 (the landlord condition for secure tenancies);

• “warning notice” means a notice under section 57.

61 Consequential amendment to Housing Act 1988

In section 5 of the Housing Act 1988 (security of tenure), in subsection (1)—

(a) omit “or” at end of paragraph (b);

(b) 15at the end of paragraph (c) insert “, or

(d) in the case of an assured shorthold tenancy, serving a
notice in accordance with section 55 of the Housing and
Planning Act 2016,”.”

Part 4 20Social housing in England

CHAPTER 1 Implementing the right to buy on a voluntary basis

Funding of discounts offered to tenants

62 Grants by Secretary of State

(1) 25The Secretary of State may make grants to private registered providers in
respect of right to buy discounts.

(2) A grant under this section may be made on any terms and conditions the
Secretary of State considers appropriate.

(3) See also section 47 of the Housing and Regeneration Act 2008 (which would
30allow the Secretary of State to direct the Homes and Communities Agency to
use its powers to make grants of the kind mentioned above).

63 Grants by Greater London Authority

(1) The Greater London Authority may make grants to private registered
providers in respect of right to buy discounts for dwellings in London.

(2) 35A grant under this section may be made on any terms and conditions the
Greater London Authority considers appropriate.

Monitoring compliance

64 Monitoring

(1) The Regulator of Social Housing must, if requested to do so by the Secretary of
State, monitor compliance with the home ownership criteria.

(2) 5“The home ownership criteria” means criteria, specified in the request, that
relate to the sale of dwellings by private registered providers to tenants
otherwise than in exercise of a right conferred by an Act.

(3) The criteria may be expressed by reference to other documents.

(4) On making a request under subsection (1) the Secretary of State must publish
10the home ownership criteria specified in the request.

(5) The Regulator must provide such reports or other information as the Secretary
of State may request about compliance with the home ownership criteria.

(6) The Secretary of State may publish information about a private registered
provider that has not met the home ownership criteria.

15Amendments to other legislation

65 Consequential changes to HCA’s duty to give grants

(1) Section 35 of the Housing and Regeneration Act 2008 (duty to give financial
assistance in respect of certain disposals) is amended as follows.

(2) For subsection (1) substitute—

“(1) 20The HCA must exercise its powers under section 19 to give financial
assistance by way of grant to a relevant provider of social housing in
respect of any discount given by the provider by virtue of a person
exercising the right to acquire conferred by section 180.””

(3) Omit subsection (2).

(4) 25In subsection (3), for “(1)(b)” substitute (1).

(5) In subsection (5), omit paragraph (b).

Interpretation

66 Interpretation of Chapter

In this Chapter—

• 30“dwelling” has the meaning given by section 275 of the Housing and
  Regeneration Act 2008;

• “private registered provider” means a private registered provider of
  social housing;

• “right to buy discount” means a discount given to a tenant of a dwelling
  35on the disposal of the dwelling to the tenant otherwise than in the
  exercise of a right conferred by an Act.