Amendments proposed to the Housing Bill - continued	House of Commons
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Mr Keith Hill

377

*Clause     139,     page     92,     line     22,     leave out subsections (1) to (4) and insert—

    '(1)   This section applies where a person ("the responsible person") has committed a breach of duty under section 128 by failing to comply with a request from a potential buyer of a residential property for a copy of a prescribed document.

    (2)   If the potential buyer commissions his own version of the prescribed document at a time when both of the conditions mentioned below are satisfied, he is entitled to recover from the responsible person any reasonable fee paid by him in order to obtain the document.

    (3)   The first condition is that—

(a)	the property is on the market; or

(b)	the potential buyer and the seller are attempting to reach an agreement for the sale of the property.

    (4)   The second condition is that the potential buyer has not been provided with an authentic copy of the prescribed document.'.

   

Mr Keith Hill

378

*Clause     139,     page     92,     line     36,     leave out 'stood at the time the request was made' and insert 'stands at the time the copy is provided to the potential buyer'.

   

Mr Keith Hill

379

*Clause     139,     page     93,     line     1,     leave out subsection (7).

   

Mr Keith Hill

380

*Clause     139,     page     93,     line     7,     at end insert—

    '( )   It is immaterial for the purposes of this section that the request in question did not specify the prescribed document but was for a copy of the home information pack or a part of the pack which included (or ought to have included) that document.'.

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Mr Keith Hill

381

*Clause     141,     page     93,     line     18,     at end insert '; but

(ii)	is available with vacant possession.'.

   

Mr Keith Hill

382

*Clause     141,     page     93,     line     19,     leave out subsection (2) and insert—

    '(2)   This Part applies to the dwelling-houses mentioned in subsection (1)(a) (with any ancillary land) as if—

(a)	they were a residential property, and

(b)	section 131 were omitted.

    (2A)   Subsection (2) does not affect the application of this Part to any of those dwelling-houses which is available for sale (with any ancillary land) as a separate residential property.'.

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Mr Edward Davey
Matthew Green
Richard Younger-Ross

371

Clause     144,     page     94,     line     41,     leave out 'only'.

   

Mr Edward Davey
Matthew Green
Richard Younger-Ross

372

Clause     144,     page     94,     line     42,     after 'if', insert '(and only if)'.

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Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

277

Clause     166,     page     117,     line     34,     leave out 'companies' and insert 'organisations'.

   

Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

278

Clause     166,     page     118,     line     37,     at end insert—

    '(e)   any conditions necessary to ensure equivalence of regulation between recipients of grant under this section and registered social landlords.

    (f)   any conditions necessary to ensure equivalence of standards between recipients of grant under this section and registered social landlords.'.

   

Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

279

Clause     166,     page     118,     line     38,     leave out 'company' and insert 'organisation'.

   

Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

280

Clause     166,     page     118,     line     40,     leave out 'company' and insert 'organisation'.

   

Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

281

Clause     166,     page     118,     line     40,     leave out 'may' and insert 'must'.

   

Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

282

Clause     166,     page     118,     line     40,     at end insert—

    '(6A)   Conditions specified under subsection (6) will include those necessary to ensure equivalence of regulation between recipients of grant under this section and registered social landlords.'.

   

Mr John Hayes
Mr Robert Syms (R)
Mr Mark Field

283

Clause     166,     page     118,     line     47,     leave out from 'section' to the end of line 7 on page 119.

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NEW CLAUSES RELATING TO PART 6

Tenancy deposit scheme (compulsory)

   

Mr Edward Davey
Matthew Green
Richard Younger-Ross

NC1

To move the following Clause:—

       'The appropriate national authority will by order introduce a mandatory tenancy deposit scheme within 12 months of the implementation of this Part, subject to an affirmative resolution of both Houses.'.

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Empty Homes (Management orders)

   

Mr Edward Davey
Matthew Green
Richard Younger-Ross

NC2

To move the following Clause:—

       'The Secretary of State will by order introduce a scheme for Empty Homes Management Orders within 12 months of Royal Assent, subject to an affirmative resolution of both Houses.'.

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Amendment of Caravan Sites Act 1968

   

Mr Hilton Dawson
Mr Bob Blizzard
Mr Bill Olner
Andrew George
Mr Edward Davey

NC14

To move the following Clause:—

    '(1)   The Caravan Sites Act 1968 is amended as follows:

    (2)   For section 5(5) there is substituted—

"(5)	The Protection from Eviction Act 1977 (c43)(protection against harassment and eviction without due process of law) shall apply to any premises being a caravan stationed on a protected site.".

    (3)   After section 5 there is inserted—

"5A	In deciding whether a person is a fit and proper person to be the licence holder or manager of a residential park the local housing authority must have regard to the criteria set out in Clause 55 of the Housing Bill.

5B	Where the holder of a site licence in respect of any land has or intends to transfer his interest in the land to which the licence relates he shall inform the local authority and provide them with the name and address of the transferee.

5C

A local authority which has issued a site licence shall be under a duty regularly to consider whether it is necessary or desirable to attach conditions to the licence or to alter or cancel existing conditions and to take all reasonable steps to ensure that such conditions as are attached to a site licence are being complied with."

    (4)   In section 9, leave out "level 4" and insert "£20,000 in accordance with s82 of the Housing Act 2004".

    (5)   After section 10(1), insert—

"(1A)

Where the holder of a site licence in respect of any land has or intends to transfer his interest in the land to which the licence relates he shall inform the local authority and provide them with the name and address of the transferee.".

    (6)   After section 10, insert—

"11,

A local authority which has issued a site licence shall be under a duty regularly to consider whether it is necessary or desirable to attach conditions to the licence or to alter or cancel existing conditions and to take all reasonable steps to ensure that such conditions as are attached to a site licence are being complied with.".'.

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Residents associations

   

Mr Hilton Dawson
Mr Bob Blizzard
Mr Bill Olner
Andrew George
Mr Edward Davey
Matthew Green

NC15

To move the following Clause:—

       'A Residents Association shall be recognised on each protected site to meet regularly with the licensee and management to review park standards and amenities and negotiate the pitch fee.'.

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Responsibility of the residential park licensee

   

Mr Hilton Dawson
Mr Bob Blizzard
Mr Bill Olner
Andrew George
Mr Edward Davey
Matthew Green

NC16

To move the following Clause:—

    '(1)   Before the making of an agreement to which this Act applies the owner of the protected site shall give to the potential buyer a copy of the written statement.

    (2)   The written statement shall be signed by both parties on the day of sale.

    (3)   The implied terms of that written statement shall include particulars of the land on which the occupier is entitled to station the park home sufficient to identify—

(a)	the boundaries of the land on which the mobile home may be located;

(b)	and the services provided on that land.'.

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Regulations for Park Homes

   

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

NC19

To move the following Clause:—

    '(1)   Democratically constituted residents' associations should be recognised by landlords.

    (2)   The procurement of new homes, supply of energy and capital items associated with individual homes, should be available on open market terms and home owners should not be required to purchase solely from the park owner.

    (3)   The appropriate national authority may, through secondary legislation, add to the terms of the Mobile Homes Act issuing extra items to the implied terms of the agreement.

    (4)   The Caravan Sites Act 1968 should be amended to follow the terms of legislation giving protection against harassment and illegal eviction to private rented tenants.

    (5)   The licensee of the site should meet the relevant fitness standards as set out in section 76.

    (6)   The relevant local authority sites should should be subject to licence conditions where they are currently exempt.'.

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Accessible housing registers for the disabled

   

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

NC20

To move the following Clause:—

    '(1)   Each local housing authority must maintain an "accessible housing register".

    (2)   The housing register must outline—

(a)	Current and proposed accessible residential properties in the local authority area (whether purpose-built or adapted) with details of the access features relating to each property; and

(b)	The provisions available for disabled people who require accessible housing.

    (3)   For the purpose of this section "accessible residential properties" means dwellings, flats and HMOs which provide a reasonable means of access and ease of use for disabled people, or which may be easily adapted to provide such access and ease of use.

    (4)   The appropriate national authority may give guidance to local housing authorities about exercising their functions under this section.'.

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Prepared 3 Feb 2004