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Right of assured tenant to acquire dwelling not affected by collective enfranchisement
Mr Secretary Prescott
NC12
To move the following Clause:—
'(1) Section 16 of the Housing Act 1996 (c.52) (right of assured tenant of registered social landlord to acquire dwelling) is amended as follows.
(2) After subsection (3) insert—
"(3A) In subsection (3)(a) the reference to the freehold interest in the dwelling includes a reference to such an interest in the dwelling as is held by the landlord under a lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (mandatory leaseback to former freeholder on collective enfranchisement)."
(3) The amendment made by subsection (2) applies in relation to the right conferred by section 16 as follows—
| (a) | it applies for the purposes of any exercise of that right on or after the day on which this section comes into force, and |
| (b) | it so applies whether the lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 was granted on or after that day or before it.'. |
Tenancy Deposit Scheme (Regulation-Making Power)
Dr Desmond Turner
Ms Karen Buck
Vera Baird
Mr Harold Best
Dr Brian Iddon
Ms Sally Keeble
| Harry Cohen | Mr Edward Davey | Matthew Green |
Richard Younger-Ross
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NC2
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 (4). |
(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.'.
Standards in social housing
Alan Simpson
Dr Brian Iddon
Ms Debra Shipley
Sir Sydney Chapman
Mr Andrew Stunell
Brian White
| Mr Dennis Turner | Andrew George | Dr Rudi Vis |
| Mr Michael Meacher | Joan Walley | Mr Phil Willis |
| Paul Holmes | Diana Organ | Mr John Grogan |
| Hywel Williams | Andy King | Mr Ronnie Campbell |
| Mr Roger Gale | Mr George Stevenson | Joyce Quin |
| Dr Evan Harris | Joan Ruddock | Mrs Anne Campbell |
| Sir Menzies Campbell | Julia Drown | Mrs Angela Browning |
| Mrs Helen Clark | Mr Robert Marshall-Andrews | Mrs Patsy Calton |
| Mr Alan Hurst | Brian Cotter | Mr Keith Bradley |
| Hilton Dawson | Mr Roger Godsiff
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NC3
To move the following Clause:—
'(1) The Secretary of State shall ensure that by 2016 all social housing shall as far as is reasonably practicable have insulation, heating and ventilation standards that are at least equivalent to those required in newly built homes by the Building Regulations for the time being.
(2) For the avoidance of doubt the standards referred to above shall include the following provisions, namely that—
| (a) | there must be a heating system that is economical and efficient and which is capable of heating the whole dwelling to a comfortable level in normal weather conditions at a cost that is affordable to the occupant; and |
| (b) | any property to which this section applies must achieve a SAP rating of no lower than 65. |
(3) In this section "social housing" means housing let by a registered social landlord or a local housing authority.'.
Definitions: Housing Act 1985
Ms Karen Buck [R]
Mr Edward Davey
Matthew Green
Richard Younger-Ross
NC4
To move the following Clause:—
'(1) For section 324 of the Housing Act 1985 (in this Act referred to as "the 1985 Act") there is substituted—
(2) For section 325 1985 Act there is substituted—
"325. The bedroom standard (1) the bedroom standard is contravened when the number of bedrooms available to the occupiers of a dwelling is less than the number of bedrooms allocated to them in aggregate in accordance with the formula set out below in subsection 4.
(2) no account shall be taken for the purposes of the bedroom standard of a room having a floor area of less than 50 square feet.
(3) a room is available as a bedroom if it is of a type normally used in the locality as a bedroom.
(4) for the purposes of the bedroom standard a separate bedroom shall be allocated to the following persons—
| (i) | a person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex); |
| (ii) | a person aged 21 years or more; |
| (iii) | two persons of the same sex aged 10 years to 20 years; |
| (iv) | two persons (whether of the same sex or not) aged less than 10 years; |
| (v) | two persons of the same sex where one person is aged between 10 years and 20 years and the other is aged less than 10 years; |
| (vi) | any person aged under 21 years in any case where he or she cannot be paired with another occupier of the dwelling so as to fall within (iii), (iv) or (v) above. |
(3) For section 326 of the 1985 Act there is substituted—
"326. The space standard (1) The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the floor area of the rooms of the dwelling available as bedrooms.
(2) For this purpose—
| (a) | a child under the age of five shall be reckoned as half a unit and a person aged five or over shall be reckoned as one unit, and |
| (b) | a room is available as a bedroom if it is of a type normally used in the locality as a bedroom. |
(3) The permitted number of persons in relation to a dwelling is the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of the Table set out below in relation to each room of the floor area specified in column 1.
No account shall be taken for the purposes of the space standard of a room having a floor area of less than 50 square feet.
| Floor area of room | Number of persons |
| 110 sq. ft. or more | 2 |
| 90 sq. ft. or more but less than 110 sq. ft. | 1.5 |
| 70 sq. ft. or more but less than 90 sq. ft. | 1 |
| 50 sq. ft. or more but less than 70 sq. ft. | 0.5 |
(4) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.
(5) Regulations under subsection (4) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) A certificate of the local housing authority stating the number of floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.".'.
Empty homes management orders
Mr David Kidney
NC15
To move the following Clause:—
'(1) A local housing authority has the power to make an empty homes management order in respect of any house to which this section applies.
(2) The appropriate national authority may by order prescribe—
| (a) | the types of house which can be subject to the order; |
| (b) | the procedure for making and operating the order; |
| (c) | the conditions and duration of the order; |
| (d) | the general effect of the order; |
| (e) | the responsibilities of the local housing authority whilst the order is in force; and |
| (f) | the procedure for varying, revoking and appealing the order.'. |
Empty homes
Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire
NC16
To move the following Clause:—
'(1) In this Part—
"empty home" means a property that has remained unoccupied for more than six months and/or has not been used for its intended purpose for more than six months.
"intended purpose" means the use for which the property was originally built or a use as specified in building regulations issued as a result of successful application for planning permission.
(2) The Secretary of State shall, by regulation, introduce a national model for a voluntary leasing scheme for empty homes.
(3) A local authority will be able to serve an empty homes management order on an empty property as an alternative to enforced sales procedures and compulsory purchase orders.
(4) The appropriate national authority will be required to provide guidance to local authorities on:
| (a) | the operation of empty home management orders; |
| (b) | appropriate training for staff for the effective use of empty home management orders; |
| (c) | appropriate staff numbers for the effective use of empty home management orders; |
| (d) | likely costs and budgeting of and for such a scheme. |
(5) Each local housing authority must maintain and yearly publish an empty homes plan. This will consist of:
| (a) | figures showing the number of empty homes within its area of jurisdiction; |
| (b) | figures showing the number of empty homes brought back into use within the last 12 months within its area of jurisdiction; |
| (c) | its target for the number of empty homes that it intends to bring back into use in the next 12 months within the area of its jurisdiction; |
| (d) | how (c) will be accomplished and how (a), (b) and (c) relate to its plans for regeneration and renewal for the area of their jurisdiction. |
(6) This section will apply to all empty homes owned by housing associations, buy-to-let landlords and private owners.'.
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