Vote Bundle Text (940224-03)

Amendments proposed to the Housing Bill - continued	House of Commons

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Implied terms relating to termination of agreements or disposal of mobile homes

Mr Keith Hill

NC45

To move the following Clause:—

'(1) Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c.34) (terms implied in site agreements) is amended as follows.

(2) In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)—

(a)	omit "age and"; and

(b)	after sub-paragraph (2) insert—

"(3)	Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—

(a)	the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, but

(b)	it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, and

(c)	the occupier indicates that he intends to carry out those repairs.

(4)	In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.

The repairs must be set out in the order.

(5)	If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out."

(3) In paragraph 8 (sale of mobile home to person approved by owner)—

(a)	after sub-paragraph (1) insert—

"(1A)

If—

(a)	the occupier requests the owner to approve a person for the purposes of sub-paragraph (1) above, and

(b)	the owner fails to notify the occupier within the response period that he either is or is not approving that person for those purposes,

the occupier may apply to the court for an order declaring that the person is approved for those purposes; and the court may make such an order if it thinks fit.

(1B)	For the purposes of sub-paragraph (1A) above —

(a)	"request" or "notify" means request or notify in writing; and

(b)	"the response period" means the period of 28 days beginning with the date when the owner receives the occupier's request;

and any request or notification may be sent by post.";

(b)	in sub-paragraph (2) for "the Secretary of State" substitute "the appropriate national authority"; and

(c)	in sub-paragraph (3)(a) after "which" insert "(if made by the Secretary of State)".

(4) After the existing provisions of paragraph 9 (gift of mobile home to person approved by owner), which become sub-paragraph (1), insert—

"(2) Sub-paragraphs (1A) and (1B) of paragraph 8 above shall apply where the occupier requests the owner to approve a person for the purposes of sub-paragraph (1) above as they apply where the occupier requests the owner to approve a person for the purposes of sub-paragraph (1) of that paragraph."

(5) The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 (c.34) applies that was made before the day on which this section comes into force ("the appointed day"), as well as in relation to one made on or after that day.

Any reference in this subsection to the making of an agreement to which that Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which that Act applies.

(6) However—

(a)	the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and

(b)	the amendments made by subsection (3) or (4) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8 or (as the case may be) paragraph 9 of that Schedule.'.

Power to amend terms implied in site agreements

Mr Keith Hill

NC46

To move the following Clause:—

'(1) 'After section 2 of the Mobile Homes Act 1983 (c.34) insert—

"2A Power to amend implied terms

(1) The appropriate national authority may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the authority considers appropriate.

(2) An order under this section—

(a)	shall be made by statutory instrument;

(b)	may make different provision with respect to different cases or descriptions of case, including different provision for different areas;

(c)	may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate.

(a)	make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;

(b)	make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.

(5) No order may be made by the appropriate national authority under this section unless the authority has consulted—

(a)	such organisations as appear to it to be representative of interests substantially affected by the order; and

(b)	such other persons as it considers appropriate.

(2) For the purposes of subsection (5) of the section 2A inserted by this section, consultation undertaken before the date of the passing of this Act constitutes as effective compliance with that subsection as if undertaken on or after that date.'.

Succession to site agreements by same sex partners

Mr Keith Hill

NC47

To move the following Clause:—

'In section 3(3)(a)(ii) of the Mobile Homes Act 1983 (c.34) (successors in title) after "member of the deceased's family" insert "or a person who is of the same sex as the deceased and was living together with the deceased in a relationship equivalent to that of husband and wife".'.

Extension of protection from harassment for occupiers of mobile homes

Mr Keith Hill

NC48

To move the following Clause:—

'(1) Section 3 of the Caravan Sites Act 1968 (c.52) (protection of occupiers against eviction and harassment) is amended as follows.

(2) In subsection (1) (offence where person, with the specified intent, does acts calculated to interfere with the peace or comfort of the occupier etc.) for "calculated to interfere" substitute "likely to interfere".

(3) After subsection (1) insert—

(a)	he does acts likely to interfere with the peace or comfort of the occupier or persons residing with him, or

(b)	he persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii) of this section.

(1B) References in subsection (1A) of this section to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner."

(4) In subsection (3) (penalties for offences), for the words from "be liable" onwards substitute "be liable—

(a)	on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months, or to both;

(b)	on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both."

(5) After subsection (4) insert—

"(4A) In proceedings for an offence under subsection (1A) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question."

(6) The amendments made by this section do not apply in relation to any conduct occurring before the day on which this section comes into force.

(7) In the case of an offence committed before section 154(1) of the Criminal Justice Act 2003 (c.44) comes into force, the amendment made by subsection (4) has effect as if for "12 months" there were substituted "6 months".'.

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.'.

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.'.