Amendments proposed to the Housing Bill, As Amended - continued | House of Commons |
back to previous text |
Mr Secretarty Prescott 85 Page 95, line 28 [Clause 138], leave out from 'document' to end of line 33 and insert'(8) The permitted period for the purposes of this section is (subject to section (Section 138: imposition of conditions)(5)) the period of 14 days beginning with the day on which the request is made. (8A) If the responsible person ceases to be responsible for marketing the property before the end of the permitted period (whether because the property has been taken off the market or sold or for any other reason), he ceases to be under any duty to comply with the request.'.
Mr Charles Kennedy 113 Page 99, line 3 [Clause 144], at end insert
Mr Charles Kennedy 114 Page 99, line 4 [Clause 144], leave out 'suitable' and insert 'adequate and appropriate'.
Mr Charles Kennedy 115 Page 99, line 10 [Clause 144], at end insert
Mr John Hayes 92 Page 99, line 16 [Clause 144], at end insert'(8) A responsible person will be exempt from the requirement to provide a Home Condition Report in the following circumstances
Mr John Hayes 93 Page 99, line 18 leave out Clauses 145 to 149.
Mr Secretary Prescott 86 Page 101, line 12, leave out Clause 150.
Mr Secretary Prescott 44 Page 103, line 4 [Clause 154], after 'regarded' insert 'for the purposes of this Part' .
Mr Secretary Prescott 45 Page 103, line 8 [Clause 154], after 'is' insert 'only'.
Mr Secretary Prescott 46 Page 103, line 9 [Clause 154], leave out '(and only if)'.
REMAINING NEW CLAUSESOvercrowding
Mr Secretary Prescott NC5 To move the following Clause:'(1) The appropriate national authority may by order make such provision as it considers appropriate for and in connection with
(2) An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing
(3) An order under this section may modify any enactment (including this Act). (4) In this section
Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies
Mr Secretary Prescott NC8 To move the following Clause:'(1) In Schedule 5 to the Housing Act 1985 (c.68) (exceptions to the right to buy) paragraph 11 (single dwelling-house particularly suitable for elderly persons) is amended as follows. (2) In sub-paragraph (4) (questions arising under paragraph 11 to be determined by the Secretary of State), for "the Secretary of State" (in both places) substitute "the appropriate tribunal or authority". (3) After sub-paragraph (5) insert
(a) in relation to England, a residential property tribunal; and
(b) in relation to Wales, the Secretary of State.
(4) Subsections (5) and (6) apply to any application under paragraph 11(4) in respect of a dwelling-house in England which
(5) If the application was made more than 28 days before that day, it is to be determined by the Secretary of State as if the amendments made by this section had not come into force. (6) Otherwise
Right to buy: claim terminated by demolition notice
Mr Secretary Prescott NC9 To move the following Clause:'(1) In section 138 of Housing Act 1985 (c.68) (duty of landlord to convey freehold or grant lease), after the subsection (2C) inserted by section 166 of this Act, insert "(2D) Subsection (1) also has effect subject to section 138A(2) (disapplication of subsection (1) where demolition notice is served)." (2) After section 138 of that Act insert "138A  Effect of demolition notice before completion (1) This section applies where
(2) In such a case
(3) If
the landlord shall pay that amount to the tenant. (4) Compensation under this subsection is compensation in respect of expenditure reasonably incurred by the tenant in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise of his right to buy. (5) A notice under subsection (3) must be accompanied by receipts or other documents showing that the tenant incurred the expenditure in question." (3) The amendments made by this section do not apply in any case where the tenant's notice under section 122 of that Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.'.
Landlord's notice to complete
Mr Secretary Prescott NC10 To move the following Clause:'(1) Section 140 of the Housing Act 1985 (c.68) (landlord's first notice to complete) is amended as follows. (2) In subsection (3) (notice not to be served earlier than twelve months after landlord's notice under section 125 or 146) for "twelve" substitute "three". (3) The amendment made by this section does not apply in any case where the tenant's notice under section 122 of that Act (notice claiming right to buy) was served before the day on which this section comes into force.'.
Right to buy: suspension by court order
Mr Secretary Prescott NC11 To move the following Clause:'(1) In section 121 of the Housing Act 1985 (c.68) (circumstances in which right to buy cannot be exercised), after subsection (2) insert "(3) The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy." (2) After section 121 of that Act insert "121A  Order suspending right to buy because of anti-social behaviour (1) The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy. (2) A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order ("the suspension period"). (3) The court must not make a suspension order unless it is satisfied
(4) When deciding whether it is reasonable to make the order, the court must consider, in particular
(5) Where a suspension order is made
(6) The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order. (7) The court must not make such a further order unless it is satisfied
(8) When deciding whether it is reasonable to make such a further order, the court must consider, in particular
(9) In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants." (3) Regulations under
may make provision for continuing the effect of a suspension order where the secure tenancy in respect of which the order was made has been replaced by an assured tenancy.'.
|