Vote Bundle Text (940210-05)

Amendments proposed to the Housing Bill - continued	House of Commons

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Accessible housing registers

Mr David Kidney

NC25

To move the following Clause:—

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

(2) An accessible housing register means a register of—

(a)	existing or planned 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)	disabled people who require accessible housing,

and a service of matching disabled people to properties so recorded.

(3) For the purpose of this section "accessible residential properties" means dwellings, flats and houses in multiple occupation in England and Wales which provide a reasonable means of access and ease for 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.

(5) A local housing authority shall have regard to any guidance for the time being given under this section.'.

Tenancy Deposit Scheme

Mr Clive Betts
Ms Karen Buck

NC26

To move the following Clause:—

'(1) Where a landlord requires payment of a deposit in relation to any premises occupied as a dwelling under a tenancy, the occupier must pay that deposit into the Deposit Scheme unless subsection (2) applies.

(2) Landlords, or their appointed agents, who are members of national self-regulated bodies that are bonded by insurance schemes approved by the appropriate national authority may request in writing the payment of any deposit lawfully demanded directly to themselves.

(3) Where subsection (2) applies, the occupier must pay the deposit directly to their landlord, upon which the landlord must provide a written receipt.

(4) Any dispute between the landlord and the occupier over the return of the deposit is to be resolved by independent adjudication.

(5) The appropriate national authority may by regulations specify—

(a)	The terms, conditions and management of the Deposit Scheme;

(b)	Approved bodies and schemes under subsection (2);

(c)	The mechanisms and procedures to be followed under subsection (A).

(6) The appropriate national authority may by regulations specify that a failure to adhere to such sections of this Part as it sees fit constitutes acts or omissions for the purposes of section 211(2) of the Enterprise Act 2002.'.

Amendment of Caravan Sites Act 1968

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

Mr Harry Barnes Mr David Kidney Julia Drown

NC27

To move the following Clause:—

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

(2) After section 4, there is inserted—

"4A	Residents Associations

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.".

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

"(5)	The Protection from Eviction Act 1977 (c. 43) (protection against harassment and eviction without due process of law) shall apply to any premises being a caravan stationed on a protected site.".'.

Amendment of the Caravan Sites and Control of Development Act 1960

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

Mr David Kidney Julia Drown

NC28

To move the following Clause:—

'(1) The Caravan Sites and Control of Development Act 1960 is amended as follows.

(2) After section 3(6), add—

"(7)	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 section 55 of the Housing Act.".

(3) In section 9, leave out "level 4" and insert "£20,000".

(4) After section 10(1) there is inserted—

"(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.".

(5) After section 10, there is inserted—

"10A

Licence conditions

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.".'.

Amendment of the Mobile Homes Act 1983

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

Mr Harry Barnes Mr David Kidney Julia Drown

NC29

To move the following Clause:—

'(1) The Mobile Homes Act 1983 is amended as follows.

(2) After section (1) there is inserted—

"1A (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; and

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

Local authority's right of first refusal

Mr Keith Hill

NC30

To move the following Clause:—

'(1) After section 36 of the Housing Act 1985 (c.68) insert—

"36A Right of first refusal for local authority

(1) This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

(2) On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

(3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

(4) In subsection (3) "the prescribed conditions" means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

(5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

(a)	a local authority which have made a disposal as mentioned in subsection (1), or

(b)	such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B.

(6) The disposals within this subsection are—

(a)	a reconveyance or conveyance of the house; and

(b)	a surrender or assignment of the lease.

(a)	for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

(b)	for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

(c)	for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

(d)	for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

(e)	for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

(f)	for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

(g)	for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

(h)	for the manner in which any offer, acceptance or notification is to be communicated.

Nothing in that subsection affects the generality of subsection (5).

(9) Regulations under this section—

(a)	may make different provision with respect to different cases or descriptions of case; and

(b)	shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

36B Consideration payable for disposal under section 36A

(1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

(2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 35 (repayment of discount on early disposal) would be discharged by the vendor.

(3) If the offer is accepted in accordance with regulations under section 36A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

(4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 36A)."

(2) In section 33(2) of the Housing Act 1985 (c.68) (covenants and conditions which may be imposed), after "But" insert ", subject to sections 36A and 37,".

(3) In section 37(1) of that Act (restriction on disposal of dwelling-houses in National Parks etc.), after "restriction on assignment)" insert "or a covenant as mentioned in section 36A(3) (right of first refusal for local authority)".

(4) In section 41 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—

"(aa)

the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and".

(5) The amendments made by this section do not apply in relation to a disposal under section 32 of that Act if—

(a)	the purchaser has accepted an offer for the disposal of the house from the authority, or

(b)	the authority has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.'.