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| otherwise as if they were mortgagees by deed having powers of sale and |
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| lease, and of accepting surrenders of leases and of appointing a receiver. |
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| (11) | The power of appointing a receiver is exercisable at any time after the end |
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| of the period of one month beginning with the date on which the charge |
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| |
| (12) | If the authority subsequently grant a licence under Part 2 or this Part in |
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| respect of the house to the appropriate person or any person acting on his |
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| behalf, the conditions contained in the licence may include a condition |
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| requiring the licence holder— |
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| (a) | to pay to the authority any amount payable to them under the rent |
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| repayment order and not so far recovered by them; and |
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| (b) | to do so in such instalments as are specified in the licence. |
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| (13) | If the authority subsequently make a management order under Chapter 1 |
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| of Part 4 in respect of the house, the order may contain such provisions as |
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| the authority consider appropriate for the recovery of any amount payable |
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| to them under the rent repayment order and not so far recovered by them. |
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| (14) | Any amount payable to an occupier by virtue of a rent repayment order is |
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| recoverable by the occupier as a debt due to him from the appropriate |
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| |
| (15) | The appropriate national authority may by regulations make such |
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| provision as it considers appropriate for supplementing the provisions of |
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| this section and section (Other consequences of operating unlicensed houses: |
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| rent repayment orders), and in particular— |
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| (a) | for securing that persons are not unfairly prejudiced by rent |
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| repayment orders (whether in cases where there have been over- |
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| payments of housing benefit or otherwise); |
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| (b) | for requiring or authorising amounts received by local housing |
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| authorities by virtue of rent repayment orders to be dealt with in |
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| such manner as is specified in the regulations. |
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| (16) | Section (Other consequences of operating unlicensed houses: rent repayment |
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| orders)(10) and (11) apply for the purposes of this section as they apply for |
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| the purposes of section (Other consequences of operating unlicensed houses: |
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| |
53 | Insert the following new Clause— |
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|
|
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|
|
| “Other consequences of operating unlicensed houses: restriction on terminating |
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| |
| (1) | No section 21 notice may be given in relation to a shorthold tenancy of the |
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| whole or part of an unlicensed house so long as it remains such a house. |
|
| |
| | a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of |
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| the Housing Act 1988 (c. 50) (recovery of possession on termination |
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| |
| | a “shorthold tenancy” means an assured shorthold tenancy within the |
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| meaning of Chapter 2 of Part 1 of that Act; |
|
| | “unlicensed house” has the same meaning as in section (Other |
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| consequences of operating unlicensed houses: rent repayment orders) of |
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| |
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54 | Page 66, line 7, leave out subsections (5) and (6) |
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55 | Page 66, line 26, at end insert— |
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| “(9) | In this Chapter “third party”, in relation to a house, means any person who |
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| has an estate or interest in the house (other than an immediate landlord and |
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| any person who is a tenant under a lease or licence granted under section |
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| 102(3)(c) or 110(3)(c)).” |
|
|
56 | Page 67, line 16, at end insert “, either in the terms of a draft order submitted by |
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| them or in those terms as varied by the tribunal” |
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57 | Page 67, line 33, at end insert “, either in the terms of a draft order submitted by |
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| them or in those terms as varied by the tribunal” |
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|
58 | Page 68, line 22, leave out “locality” and insert “vicinity” |
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|
59 | Page 72, line 3, leave out paragraph (a) |
|
60 | Page 72, line 19, at end insert— |
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| “( ) | The authority may apply to the Chief Land Registrar for the entry of an |
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| appropriate restriction in the register of title in respect of such an order.” |
|
|
61 | Insert the following new Clause— |
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|
|
|
|
|
| | “General effect of interim management orders: leases and licences granted by |
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| |
| (1) | This section applies in relation to any interest or right created by the |
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| authority under section 102(3)(c). |
|
| (2) | For the purposes of any enactment or rule of law— |
|
| (a) | any interest created by the authority under section 102(3)(c)(i) is to |
|
| be treated as if it were a legal lease, and |
|
| (b) | any right created by the authority under section 102(3)(c)(ii) is to be |
|
| treated as if it were a licence to occupy granted by the legal owner |
|
| |
| | despite the fact that the authority have no legal estate in the premises (see |
|
| |
| (3) | Any enactment or rule of law relating to landlords and tenants or leases |
|
| accordingly applies in relation to any interest created by the authority |
|
| under section 102(3)(c)(i) as if the authority were the legal owner of the |
|
| |
| (4) | References to leases and licences— |
|
| |
| (b) | in any other enactment, |
|
| | accordingly include (where the context permits) interests and rights |
|
| created by the authority under section 102(3)(c). |
|
| (5) | The preceding provisions of this section have effect subject to— |
|
| (a) | section 116(5) to (7), and |
|
| (b) | any provision to the contrary contained in an order made by the |
|
| appropriate national authority. |
|
| (6) | In section 102(5)(b) the reference to leasing does not include the creation of |
|
| interests under section 102(3)(c)(i). |
|
| |
| | “enactment” has the meaning given by section 102(10); |
|
| | “legal lease” means a term of years absolute (within section 1(1)(b) of |
|
| the Law of Property Act 1925 (c. 20)).” |
|
|
62 | Page 72, line 35, leave out “interest or right created” and insert “leases or licences |
|
| |
63 | Page 73, line 7, leave out “and in” and insert— |
|
| | “except to the extent that any of those rights or remedies would prevent the |
|
| local housing authority from exercising their power under section |
|
| |
| |
64 | Page 73, line 16, leave out subsection (6) |
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|
65 | Page 73, line 27, leave out “relevant expenditure.” and insert— |
|
| “( ) | relevant expenditure, and |
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|
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|
|
| ( ) | any amounts of compensation payable to a third party by virtue of |
|
| a decision of the authority under section (Compensation).” |
|
66 | Page 73, line 32, after “expenditure” insert “and any amounts of compensation |
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| payable as mentioned in that subsection” |
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|
67 | Page 78, line 8, leave out “occupiers preserved by section 116(2))” and insert “and |
|
| other occupiers preserved by section 116(2) and (4A))” |
|
68 | Page 78, line 39, leave out paragraph (a) |
|
69 | Page 79, line 8, at end insert— |
|
| “( ) | The authority may apply to the Chief Land Registrar for the entry of an |
|
| appropriate restriction in the register in respect of such an order.” |
|
|
70 | Insert the following new Clause— |
|
| | “General effect of final management orders: leases and licences granted by |
|
| |
| (1) | This section applies in relation to any interest or right created by the |
|
| authority under section 110(3)(c). |
|
| (2) | For the purposes of any enactment or rule of law— |
|
| (a) | any interest created by the authority under section 110(3)(c)(i) is to |
|
| be treated as if it were a legal lease, and |
|
| (b) | any right created by the authority under section 110(3)(c)(ii) is to be |
|
| treated as if it were a licence to occupy granted by the legal owner |
|
| |
| | despite the fact that the authority have no legal estate in the premises (see |
|
| |
| (3) | Any enactment or rule of law relating to landlords and tenants or leases |
|
| accordingly applies in relation to any interest created by the authority |
|
| under section 110(3)(c)(i) as if the authority were the legal owner of the |
|
| |
| (4) | References to leases and licences— |
|
| |
| (b) | in any other enactment, |
|
| | accordingly include (where the context permits) interests and rights |
|
| created by the authority under section 110(3)(c). |
|
| (5) | The preceding provisions of this section have effect subject to— |
|
| (a) | section 116(5) to (7), and |
|
| (b) | any provision to the contrary contained in an order made by the |
|
| appropriate national authority. |
|
|
|
|
|
|
| (6) | In section 110(5)(b) the reference to leasing does not include the creation of |
|
| interests under section 110(3)(c)(i). |
|
| |
| | “enactment” has the meaning given by section 110(10); |
|
| | “legal lease” means a term of years absolute (within section 1(1)(b) of |
|
| the Law of Property Act 1925 (c. 20)).” |
|
|
71 | Page 79, leave out line 24 and insert “leases or licences granted by them under |
|
| section 102(3)(c) or 110(3)(c),” |
|
72 | Page 79, line 41, leave out “and in” and insert— |
|
| | “except to the extent that any of those rights or remedies would prevent the |
|
| local housing authority from exercising their power under section |
|
| |
| |
|
73 | Page 80, line 18, at end insert— |
|
| “(ca) | the amount of any compensation that is payable to a third party by |
|
| virtue of a decision of the authority under section (Compensation) in |
|
| respect of any interference in consequence of the final management |
|
| order with the rights of that person; |
|
| (cb) | provision as to the payment of any such compensation;” |
|
74 | Page 80, line 21, leave out “relevant expenditure;” and insert— |
|
| “( ) | relevant expenditure, and |
|
| ( ) | any amounts of compensation payable as mentioned in |
|
| |
75 | Page 80, line 22, at beginning insert “provision” |
|
76 | Page 80, leave out line 25 and insert— |
|
| “( ) | relevant expenditure, and |
|
| ( ) | any amounts of compensation payable as mentioned in |
|
| |
| ( ) | provision as to the manner in which the authority are to pay, on the |
|
| termination of the final management order, any outstanding |
|
| balance of compensation payable to a third party.” |
|
77 | Page 80, line 30, leave out “(4)(c) and (d)” and insert “(4)(d) and (e)” |
|
78 | Page 80, line 32, leave out “is not to apply in respect of an interim” and insert “or |
|
| (4) is not to apply in relation to an interim or (as the case may be) final” |
|
79 | Page 80, line 34, after “balance” insert “or amount” |
|
80 | Page 80, line 35, after “meet” insert “— |
|
| |
81 | Page 80, line 36, after “order” insert “, and |
|
| “(ii) | any compensation that may become payable to a third |
|
| |
|