Housing and Planning Bill (HL Bill 110)

Housing and Planning BillPage 50

(a) as soon as practicable after the end of the financial year in which the
sum is paid out, and

(b) as soon as practicable after the end of each subsequent financial year in
relation to which the repayment condition has not been met.

(5) 5The repayment condition is met in relation to a financial year if—

(a) the whole of the sum has been repaid to the Secretary of State before the
beginning of the year, and

(b) the registered provider was not at any time during the year liable to pay
interest on amounts that became due in respect of the sum.

10Supplementary provisions

108 Modification of this Chapter under the Enterprise Act 2002

(1) The power to modify or apply enactments conferred on the Secretary of State
by each of the sections of the Enterprise Act 2002 mentioned in subsection (2)
includes power to make such consequential modifications of this Chapter as
15the Secretary of State considers appropriate in connection with any other
provision made under that section.

(2) Those sections are—

(a) sections 248 and 277 of the Enterprise Act 2002 (amendments
consequential on that Act), and

(b) 20section 254 of the Enterprise Act 2002 (power to apply insolvency law
to foreign companies).

109 Registered societies: ordinary administration procedure etc

In section 118 of the Co-operative and Community Benefit Societies Act 2014
(power to apply provisions about company arrangements and administration
25to registered societies, subject to exception in subsection (3)(a) for registered
providers), in subsection (3), omit paragraph (a).

110 Amendments to housing moratorium and consequential amendments

Schedule 6 contains amendments to do with this Chapter.

111 Interpretation of Chapter

(1) 30In this Chapter—

  • “business”, “member”, “property” and “security” have the same meaning
    as in the Insolvency Act 1986;

  • “charitable incorporated organisation” means a charitable incorporated
    organisation within the meaning of Part 11 of the Charities Act 2011;

  • 35“company” means—

    (a)

    a company registered under the Companies Act 2006, or

    (b)

    an unregistered company;

  • “the court”, in relation to a company or registered society, means the court
    having jurisdiction to wind up the company or registered society;

  • 40“foreign company” means a company incorporated outside the United
    Kingdom;

  • Housing and Planning BillPage 51

  • “housing administration order” has the meaning given by section 92;

  • “housing administration rules” means rules made under section 411 of the
    Insolvency Act 1986 as a result of section 97 above;

  • “housing administrator” has the meaning given by section 92 and is to be
    5read in accordance with subsection (3) below;

  • “financial year” means a period of 12 months ending with 31 March;

  • “legislation” includes provision made by or under—

    (a)

    an Act,

    (b)

    an Act of the Scottish Parliament,

    (c)

    10Northern Ireland legislation, or

    (d)

    a Measure or Act of the National Assembly for Wales;

  • “objective of the housing administration” is to be read in accordance with
    section 93;

  • “private registered provider” means a private registered provider of
    15social housing (see section 80 of the Housing and Regeneration Act
    2008);

  • “registered provider” means a registered provider of social housing (see
    section 80 of the Housing and Regeneration Act 2008);

  • “registered society” has the same meaning as in the Co-operative and
    20Community Benefit Societies Act 2014;

  • “Regulator of Social Housing” has the meaning given by section 92A of
    the Housing and Regeneration Act 2008;

  • “Scottish firm” means a firm constituted under the law of Scotland;

  • UK affairs, business and property”, in relation to a company, means—

    (a)

    25its affairs and business so far as carried on in the United
    Kingdom, and

    (b)

    its property in the United Kingdom;

  • “unregistered company” means a company that is not registered under
    the Companies Act 2006.

(2) 30In this Chapter references to the housing administrator of a registered
provider—

(a) include a person appointed under paragraph 91 or 103 of Schedule B1
to the Insolvency Act 1986, as applied by Part 1 of Schedule 5 to this Act
or regulations under section 97, to be the housing administrator of the
35registered provider, and

(b) if two or more persons are appointed as the housing administrator of
the registered provider, are to be read in accordance with the provision
made under section 96.

(3) References in this Chapter to a person qualified to act as an insolvency
40practitioner in relation to a registered provider are to be read in accordance
with Part 13 of the Insolvency Act 1986, but as if references in that Part to a
company included a company registered under the Companies Act 2006 in
Northern Ireland.

(4) For the purposes of this Chapter an application made to the court is
45outstanding if it—

(a) has not yet been granted or dismissed, and

(b) has not been withdrawn.

(5) An application is not to be taken as having been dismissed if an appeal against
the dismissal of the application, or a subsequent appeal, is pending.

Housing and Planning BillPage 52

(6) An appeal is to be treated as pending for this purpose if—

(a) an appeal has been brought and has not been determined or
withdrawn,

(b) an application for permission to appeal has been made but has not been
5determined or withdrawn, or

(c) no appeal has been brought and the period for bringing one is still
running.

(7) References in this Chapter to a provision of the Insolvency Act 1986 (except the
references in subsection (2) above)—

(a) 10in relation to a company, are to that provision without the
modifications made by Part 1 of Schedule 5 to this Act,

(b) in relation to a registered society, are to that provision as it applies to
registered societies otherwise than by virtue of regulations under
section 97 (if at all), and

(c) 15in relation to a charitable incorporated organisation, are to that
provision as it applies to charitable incorporated organisations
otherwise than by virtue of regulations under section 97 (if at all).

112 Application of Part to Northern Ireland

(1) This section makes provision about the application of this Chapter to Northern
20Ireland.

(2) Any reference to any provision of the Insolvency Act 1986 is to have effect as a
reference to the corresponding provision of the Insolvency (Northern Ireland)
Order 1989.

(3) Section 111(3) is to have effect as if the reference to Northern Ireland were to
25England and Wales or Scotland.

CHAPTER 6 Secure tenancies etc.

113 Secure tenancies etc: phasing out of tenancies for life

Schedule 7 changes the law about secure tenancies, introductory tenancies and
30demoted tenancies to phase out tenancies for life.

114 Succession to secure tenancies and related tenancies

Schedule 8 changes the law about succession to secure tenancies, introductory
tenancies and demoted tenancies.

Housing and Planning BillPage 53

Part 5 Housing, estate agents and rentcharges: other changes

Accommodation needs in England

115 Assessment of accommodation needs

(1) 5In section 8 of the Housing Act 1985 (periodical review of housing needs), after
subsection (2) insert—

(3) In the case of a local housing authority in England, the duty under
subsection (1) includes a duty to consider the needs of people residing
in or resorting to their district with respect to the provision of—

(a) 10sites on which caravans can be stationed, or

(b) places on inland waterways where houseboats can be moored.

(4) In subsection (3)—

  • “caravan” has the meaning given by section 29 of the Caravan Sites
    and Control of Development Act 1960;

  • 15“houseboat” means a boat or similar structure designed or
    adapted for use as a place to live.”

(2) In the Housing Act 2004 omit sections 225 and 226 (accommodation needs of
gypsies and travellers).

Housing regulation in England

116 20Licences for HMO and other rented accommodation: additional tests

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

(2) In section 63 (application for licences: houses in multiple occupation), in
subsection (6)(c), after “information” insert “or evidence”.

(3) In section 66 (tests for fitness and satisfactory management arrangements:
25houses in multiple occupation)—

(a) after subsection (1) insert—

(1A) A local housing authority in England must also have regard to
any evidence within subsection (3A) or (3B).”;

(b) in subsection (2), in paragraph (c), after “tenant law” insert “(including
30Part 3 of the Immigration Act 2014)”;

(c) after subsection (3) insert—

(3A) Evidence is within this subsection if it shows that P—

(a) requires leave to enter or remain in the United Kingdom
but does not have it; or

(b) 35is insolvent or an undischarged bankrupt.

(3B) Evidence is within this subsection if—

(a) it shows that any person associated or formerly
associated with P (whether on a personal, work or other
basis) is a person to whom subsection (3A)(a) or (b)
40applies; and

Housing and Planning BillPage 54

(b) it appears to the authority that the evidence is relevant
to the question whether P is a fit and proper person to be
the licence holder or (as the case may be) the manager of
the house.”

(4) 5In section 70 (revocation of licences), in subsection (2), in the words after
paragraph (c)—

(a) for “Section 66(1) applies” substitute “Section 66(1) and (1A) apply”;

(b) for “it applies” substitute “they apply”.

(5) In section 87 (application for licences: certain other houses), in subsection (6)(c)
10after “information” insert “or evidence”.

(6) In section 89 (tests for fitness and satisfactory management arrangements:
certain other houses)—

(a) after subsection (1) insert—

(1A) A local housing authority in England must also have regard to
15any evidence within subsection (3A) or (3B).”;

(b) in subsection (2), in paragraph (c), after “tenant law” insert “(including
Part 3 of the Immigration Act 2014)”;

(c) after subsection (3) insert—

(3A) Evidence is within this subsection if it shows that P—

(a) 20requires leave to enter or remain in the United Kingdom
but does not have it; or

(b) is insolvent or an undischarged bankrupt.

(3B) Evidence is within this subsection if—

(a) it shows that any person associated or formerly
25associated with P (whether on a personal, work or other
basis) is a person to whom subsection (3A)(a) or (b)
applies; and

(b) it appears to the authority that the evidence is relevant
to the question whether P is a fit and proper person to be
30the licence holder or (as the case may be) the manager of
the house.”

(7) In section 93, in subsection (2), in the words after paragraph (c)—

(a) for “Section 89(1) applies” substitute “Section 89(1) and (1A) apply”;

(b) for “it applies” substitute “they apply”.

117 35Financial penalty as alternative to prosecution under Housing Act 2004

Schedule 9 amends the Housing Act 2004 to allow financial penalties to be
imposed as an alternative to prosecution for certain offences.

118 Offence of contravening an overcrowding notice: level of fine

(1) Section 139 of the Housing Act 2004 (overcrowding notices) is amended as
40follows.

(2) In subsection (7), omit “and is liable on summary conviction to a fine not
exceeding level 4 on the standard scale”.

Housing and Planning BillPage 55

(3) After subsection (7) insert—

(7A) A person who commits an offence under subsection (7) in relation to
premises in England is liable on summary conviction to a fine.

(7B) A person who commits an offence under subsection (7) in relation to
5premises in Wales is liable on summary conviction to a fine not
exceeding level 4 on the standard scale.

Housing information in England

119 Tenancy deposit information

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

(2) 10In section 212 (tenancy deposit schemes), after subsection (6) insert—

(6A) For further provision about what must be included in the
arrangements, see section 212A.”

(3) After section 212 insert—

212A Provision of information to local authorities

(1) 15Arrangements under section 212(1) made by the Secretary of State must
require the scheme administrator—

(a) to give a local housing authority in England any specified
information that they request, or

(b) to provide facilities for the sharing of specified information with
20a local housing authority in England.

(2) In subsection (1) “specified information” means information, of a
description specified in the arrangements, that relates to a tenancy of
premises in the local housing authority’s area.

(3) Arrangements made by virtue of this section may make the
25requirement to provide information or facilities to a local housing
authority conditional on the payment of a fee.

(4) Arrangements made by virtue of this section may include
supplementary provision, for example about—

(a) the form or manner in which any information is to be provided,

(b) 30the time or times at which it is to be provided, and

(c) the notification of anyone to whom the information relates.

(5) Information obtained by a local housing authority by virtue of this
section may be used only—

(a) for a purpose connected with the exercise of the authority’s
35functions under any of Parts 1 to 4 in relation to any premises, or

(b)
for the purpose of investigating whether an offence has been
committed under any of those Parts in relation to any premises.

(6) Information obtained by a local housing authority by virtue of this
section may be supplied to a person providing services to the authority
40for a purpose listed in subsection (5).

(7) The Secretary of State may by regulations amend the list of purposes in
subsection (5).”

Housing and Planning BillPage 56

(4) In section 250(6) (affirmative instruments), after paragraph (b) insert—

(ba) regulations under section 212A,”.

120 Use of information obtained for certain other statutory purposes

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

(2) 5In section 237 (use of information obtained for certain other statutory
purposes) after subsection (2) insert—

(3) The Secretary of State may by regulations amend this section so as to
change the list of purposes for which a local housing authority in
England may use information to which it applies.”

(3) 10In section 250(6) (affirmative instruments), after paragraph (c) insert—

(ca) regulations under section 237,”.

Enforcement of estate agents legislation

121 Estate agents: lead enforcement authority

(1) Before section 25 of the Estate Agents Act 1979 insert—

24A 15Lead enforcement authority

(1) In this Act “the lead enforcement authority” means—

(a) the Secretary of State, or

(b) a person whom the Secretary of State has arranged to be the lead
enforcement authority in accordance with subsection (2).

(2) 20The Secretary of State may make arrangements for one of the following
to be the lead enforcement authority for the purposes of this Act (for the
whole of the United Kingdom) instead of the Secretary of State—

(a) a local weights and measures authority in Great Britain, or

(b) the Department of Enterprise, Trade and Investment in
25Northern Ireland.

(3) The arrangements—

(a) may include provision for payments by the Secretary of State;

(b) may include provision about bringing the arrangements to an
end.

(4) 30The Secretary of State may by regulations made by statutory
instrument make transitional provision for when there is a change in
the lead enforcement authority.

(5) The regulations may relate to a specific change in the lead enforcement
authority or to changes that might arise from time to time.”

(2) 35In section 26(1) of that Act (enforcement authorities), in paragraph (c), for
“Department of Commerce for Northern Ireland” substitute “Department of
Enterprise, Trade and Investment in Northern Ireland”.

(3) In section 33(1) of that Act (general interpretation), for the definition of “the

Housing and Planning BillPage 57

lead enforcement authority” substitute—

  • ““the lead enforcement authority” has the meaning given by
    section 24A;”.

(4) In paragraph 13(9) of Schedule 5 to the Consumer Rights Act 2015 (powers
5under Part 3 of that Schedule to be exercisable for the purposes of certain
functions of the lead enforcement authority) after “Great Britain” insert “, the
Department of Enterprise, Trade and Investment in Northern Ireland or the
Secretary of State”.

Enfranchisement and extension of long leaseholds

122 10Enfranchisement and extension of long leaseholds: calculations

Schedule 10 changes the method of calculating certain amounts under—

(a) the Leasehold Reform Act 1967, and

(b) the Leasehold Reform, Housing and Urban Development Act 1993.

Rentcharges

123 15Redemption price for rentcharges

(1) The Rentcharges Act 1977 is amended as follows.

(2) In section 9(4)(a), after “in accordance with” insert “regulations under”.

(3) In section 10, for subsection (1) substitute—

(1) For the purposes of section 9 above, the redemption price for a
20rentcharge is to be calculated in accordance with regulations made by
the Secretary of State.”

(4) In section 12(2), after “such” insert “transitional,”.

(5) The amendments made by this section apply in relation to cases where—

(a) an application for a redemption certificate is made under section 8 of
25the Rentcharges Act 1977 before this Act is passed, but

(b) the instructions for redemption have not been served on the applicant
under section 9(4) of the Rentcharges Act 1977 before this Act is passed,

as well as to cases involving an application for a redemption certificate made
after this Act is passed.

124 30Procedure for redeeming English rentcharges

(1) The Rentcharges Act 1977 is amended in accordance with subsections (2) to (5).

(2) Before section 8 (but after the italic heading before section 8) insert—

7A Power to make procedure for redeeming English rentcharges

(1) The Secretary of State may by regulations make provision allowing the
35owner of land in England affected by a rentcharge to redeem it.

(2) Regulations under subsection (1) may not make provision in relation
to—

Housing and Planning BillPage 58

(a) a rentcharge that could be redeemed by making an application
under section 8(1A),

(b) a rentcharge of a kind mentioned in section 2(3) or section
3(3)(a),

(c) 5a rentcharge in respect of which the period for which it is
payable cannot be ascertained, or

(d) a variable rentcharge.

(3)
For the purposes of subsection (2)(d) a rentcharge is variable if the
amount of the rentcharge will, or may, vary in the future in accordance
10with the provisions of the instrument under which it is payable.

(4) Regulations under subsection (1) may, in particular—

(a) provide for the owner of land affected by a rentcharge to be able
to redeem a rentcharge by taking specified steps, including
making payments determined in accordance with the
15regulations;

(b) require a rent owner or other person to take specified steps to
facilitate the redemption of a rentcharge, such as providing
information or executing a deed of release;

(c) where the documents of title of the owner of land affected by a
20rentcharge are in the custody of a mortgagee, require the
mortgagee to make those documents or copies of those
documents available in accordance with the regulations;

(d) permit or require a person specified in the regulations to design
the form of any document to be used in connection with the
25redemption of rentcharges under the regulations;

(e) provide for a court or tribunal to—

(i) determine disputes about or in relation to the
redemption of a rentcharge;

(ii) make orders about the redemption of a rentcharge;

(iii) 30issue a redemption certificate;

(f) make provision corresponding to any of the provisions of
section 10(2) to (4).

(5) Nothing in this section prevents the redemption of a rentcharge
otherwise than in accordance with regulations under subsection (1).”

(3) 35In section 8—

(a) in subsection (1)—

(i) after “land” insert “in Wales”;

(ii) for the words from “a certificate” to the end substitute “a
redemption certificate”;

(b) 40after subsection (1) insert—

(1A) The owner of any land in England affected by a rentcharge
which has been apportioned to that land by an apportionment
order with a condition under—

(a) section 7(2) above, or

(b) 45section 20(1) of the Landlord and Tenant Act 1927,

may apply to the Secretary of State, in accordance with this
section, for a redemption certificate.”

(4) In section 12—

Housing and Planning BillPage 59

(a) in subsection (1), after “this Act” insert “, apart from regulations under
section 7A,”;

(b) after subsection (1) insert—

(1A) Regulations under section 7A are to be made by statutory
5instrument.

(1B) A statutory instrument containing regulations under section 7A
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of
Parliament.”

(5) 10In section 13(1), in the definition of “redemption certificate”, for the words
from “has” to the end substitute “means a certificate certifying that a
rentcharge has been redeemed”.

(6) The Leasehold Reform Act 1967 is amended in accordance with subsections (7)
and (8).

(7) 15In section 8(4)(b), for “8” substitute “7A”.

(8) In section 11—

(a) in subsection (6), after “1977” insert “or the amount that would have to
be paid to secure the redemption of that rentcharge in accordance with
regulations made under section 7A of that Act”;

(b) 20in subsection (7)(a), after “specified” insert “or required”;

(c) in subsection (8), for “8” substitute “7A”.

Part 6 Planning in England

Neighbourhood planning

125 25Designation of neighbourhood areas

In section 61G of the Town and Country Planning Act 1990 (meaning of
“neighbourhood area”), after subsection (11) insert—

(12) Regulations under subsection (11) may provide that where an
application under this section—

(a) 30meets prescribed criteria, or

(b) has not been determined within a prescribed period,

the local planning authority must, except in prescribed cases or
circumstances, exercise their powers under this section to designate the
specified area as a neighbourhood area.

(13) 35The reference in subsection (12) to the designation of an area as a
neighbourhood area includes the modification under subsection (6) of
a designation already made.”

126 Timetable in relation to neighbourhood development orders and plans

(1) In Schedule 4B to the Town and Country Planning Act 1990 (process for