Problem communicating with remote server...
Amendments proposed to the Housing Bill, As Amended - continued House of Commons

back to previous text
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

              (c) the order does not affect the computation of any period in accordance with Schedule 4.

              (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.'.


      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

      Andrew BennettLynne Jones

      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 Gwyn ProsserAndrew BennettMr Kelvin Hopkins
Chris McCaffertyLynne Jones

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.'.


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2004
Prepared 11 May 2004