Vote Bundle Text (940507-04)

Amendments proposed to the Housing Bill, As Amended - continued	House of Commons

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Mr Secretarty Prescott

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
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

113

Page 99, line 3 [Clause 144], at end insert—

'(aa) for ensuring that members of the scheme are independent'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

114

Page 99, line 4 [Clause 144], leave out 'suitable' and insert 'adequate and appropriate'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

115

Page 99, line 10 [Clause 144], at end insert—

'( ) for sellers, buyers and lenders to be entitled to bring proceedings in respect of a home condition report upon which they have relied in any transaction'.

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

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—

(a) the sale of a new home provided that it is registered with a warranty provider designated by the Secretary of State,

(b) the resale of a new home where the warranty cover remains in force,

(c) the transfer of ownership by a developer of a new home to another company prior to marketing the property to the public where the company assuming ownership is registered with a warranty provider designated by the Secretary of State.'.

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 99, line 18 leave out Clauses 145 to 149.

Mr Secretary Prescott

Page 101, line 12, leave out Clause 150.

Mr Secretary Prescott

Page 103, line 4 [Clause 154], after 'regarded' insert 'for the purposes of this Part' .

Mr Secretary Prescott

Page 103, line 8 [Clause 154], after 'is' insert 'only'.

Mr Secretary Prescott

Page 103, line 9 [Clause 154], leave out '(and only if)'.

REMAINING NEW CLAUSES

Overcrowding

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—

(a) determining whether a dwelling is overcrowded for the purposes of Part 10 of the Housing Act 1985 (c.68) (overcrowding);

(b) introducing for the purposes of sections 123 to 128 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections);

(c) securing that overcrowding in premises to which sections 123 to 128 of this Act would otherwise apply, or any description of such premises, is regulated only by provisions of Part 10.

(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—

(a) factors that must be taken into account by such authorities when making such determinations;

(b) the procedure that is to be followed by them in connection with making such determinations.

(3) An order under this section may modify any enactment (including this Act).

(4) In this section—

(a) any reference to Part 10 of the Housing Act 1985 (c.68) includes a reference to Part 10 as modified by an order under this section; and

(b) "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c.30)).'.

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—

"(5A) In this paragraph "the appropriate tribunal or authority" means—

(a) in relation to England, a residential property tribunal; and

(b) in relation to Wales, the Secretary of State.

(5B) Section 191 of the Housing Act 2004 (appeals to Lands Tribunal) does not apply to any decision of a residential property tribunal under this paragraph."

(4) Subsections (5) and (6) apply to any application under paragraph 11(4) in respect of a dwelling-house in England which—

(a) has been made to the Secretary of State before the day on which this section comes into force, and

(b) has not been determined by him before that day.

(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—

(a) the application is to be determined by a residential property tribunal, and

(b) the Secretary of State must make all such arrangements as he considers necessary for the purpose of, or in connection with, enabling it to be so determined.'.

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—

(a) a secure tenant has claimed to exercise the right to buy, but

(b) before the landlord has made to the tenant such a grant as is required by section 138(1), a demolition notice is served on the tenant under paragraph 13 of Schedule 5.

(2) In such a case—

(a) the tenant's claim ceases to be effective as from the time when the demolition notice comes into force, and

(b) section 138(1) shall not apply to the landlord, in connection with the tenant's claim, at any time after the demolition notice comes into force.

(3) If—

(a) the tenant's claim has been established before the demolition notice comes into force, and

(b) within the period of three months beginning with the date of its coming into force, the tenant serves on the landlord a written notice claiming an amount of compensation under subsection (4),

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—

(a) that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies (anti-social behaviour or use of premises for unlawful purposes), and

(b) that it is reasonable to make the order.

(4) When deciding whether it is reasonable to make the order, the court must consider, in particular—

(a) whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and

(b) where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.

(5) Where a suspension order is made—

(a) any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and

(b) section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but

(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—

(a) that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies, and

(b) that it is reasonable to make the further order.

(8) When deciding whether it is reasonable to make such a further order, the court must consider, in particular—

(a) whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and

(b) where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.

(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—

(a) section 171C of that Act (modifications of Part 5 in relation to preserved right to buy), or

(b) section 17 of the Housing Act 1996 (c.52) (application of that Part in relation to right to acquire dwelling),

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.'.