(41-46)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  41  )

“(10)
The limitation imposed by a covenant within subsection (3) is a

local land charge.

(11)
The Chief Land Registrar must enter in the register of title a

restriction reflecting the limitation imposed by any such covenant.”
Clause 177
178
Page 130, leave out lines 18 and 19 and insert—

“(9)
The limitation imposed by a covenant within subsection (2) is a

local land charge.

(9A)
The Chief Land Registrar must enter in the register of title a

restriction reflecting the limitation imposed by any such covenant.”
Clause 181
179
Page 135, leave out lines 30 and 31 and insert—

   “(10)
The limitation imposed by a covenant within sub-paragraph (3)

is a local land charge.

     (11)
The Chief Land Registrar must enter in the register of title a

restriction reflecting the limitation imposed by any such

covenant.”
Clause 184
180
Page 140, leave out lines 27 to 35
181
Page 141, line 32, at end insert—

“(4A) After Part 2 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) insert—

“Part 3

Supplementary provisions

Duty to forward requests under paragraph 8 or 9 of Part 1

1     (1)
This paragraph applies to—

(a)
a request by the occupier for the owner to approve a

person for the purposes of paragraph 8(1) of Part 1 (see

paragraph 8(1A)), or

(b)
a request by the occupier for the owner to approve a

person for the purposes of paragraph 9(1) of Part 1 (see

paragraph 8(1A) as applied by paragraph 9(2)).

      (2)
If a person (“the recipient”) receives such a request and he—

(a)
though not the owner, has an estate or interest in the

protected site, and

(b)
believes that another person is the owner (and that the

other person has not received such a request),


the recipient owes a duty to the occupier to take such steps as are

reasonable to secure that the other person receives the request

within the period of 28 days beginning with the date on which

the recipient receives it.

(  42  )

      (3)
In paragraph 8(1C) of Part 1 of this Schedule (as it applies to any

request within sub-paragraph (1) above) any reference to the

owner receiving such a request includes a reference to his

receiving it in accordance with sub-paragraph (2) above.

Action for breach of duty under paragraph 1

2     (1)
A claim that a person has broken the duty under paragraph 1(2)

above may be made the subject of civil proceedings in like

manner as any other claim in tort for breach of statutory duty.

      (2)
The right conferred by sub-paragraph (1) is in addition to any

right to bring proceedings, in respect of a breach of any implied

term having effect by virtue of paragraph 8 or 9 of Part 1 of this

Schedule, against a person bound by that term.””
182
Page 141, line 44, leave out “subsection (3) or (4)” and insert “subsections (3)(a), (4)

and (4A)”
183
Page 141, line 46, leave out “8 or (as the case may be) paragraph 9” and insert “8(1)

or (as the case may be) 9(1) of that Part”
Before Clause 186
184
Insert the following new Clause—


“Protected sites to include sites for gypsies

(1)
Section 1 of the Caravan Sites Act 1968 (c. 52) (application of provisions for

protection of residential occupiers of caravan sites) is amended as follows.

(2)
In subsection (2) (under which “protected site” includes certain local

authority sites) for “paragraph 11 of Schedule 1 to that Act (exemption of

land occupied by local authorities) substitute “paragraph 11 or 11A of

Schedule 1 to that Act (exemption of gypsy and other local authority sites)”.

(3)
The amendment made by subsection (2) above does not affect the operation

of—

(a)
section 2 of the Act (minimum length of notice) in relation to any

notice given before the day on which this section comes into force,

or

(b)
section 3 of the Act (protection from eviction) in relation to any

conduct occurring before that day, or

(c)
section 4 of the Act (suspension of eviction orders) in relation to any

proceedings begun before that day.

(4)
In subsection (3)(b) the reference to section 3 of the Act is to that section

whether as amended by section 186 of this Act or otherwise.”
After Clause 186
185
Insert the following new Clause—

(  43  )

“Suspension of eviction orders

(1)
In section 4(6) of the Caravan Sites Act 1968 (c. 52) (provision for

suspension of eviction orders) for the words from “in the following cases”

to the end of paragraph (b) substitute “if—

(a)
no site licence under Part 1 of that Act is in force in respect

of the site, and

(b)
paragraph 11 or 11A of Schedule 1 to the Caravan Sites and

Control of Development Act 1960 (c. 2) does not apply;”.

(2)
The amendment made by subsection (1) does not apply in relation to

proceedings begun before the day on which this section comes into force.”
186
Insert the following new Clause—

“Tenancy deposit schemes

(1)
The appropriate national authority must make arrangements for securing

that one or more tenancy deposit schemes are available for the purpose of

safeguarding tenancy deposits paid in connection with shorthold

tenancies.

(2)
For the purposes of this Chapter a “tenancy deposit scheme” is a scheme

which—

(a)
is made for the purpose of safeguarding tenancy deposits paid in

connection with shorthold tenancies and facilitating the resolution

of disputes arising in connection with such deposits, and

(b)
complies with the requirements of Schedule (Provisions relating to

tenancy deposit schemes).

(3)
Arrangements under subsection (1) must be arrangements made with any

body or person under which the body or person (“the scheme

administrator”) undertakes to establish and maintain a tenancy deposit

scheme of a description specified in the arrangements.

(4)
The appropriate national authority may—

(a)
give financial assistance to the scheme administrator;

(b)
make payments to the scheme administrator (otherwise than as

financial assistance) in pursuance of arrangements under

subsection (1).

(5)
The appropriate national authority may, in such manner and on such terms

as it thinks fit, guarantee the discharge of any financial obligation incurred

by the scheme administrator in connection with arrangements under

subsection (1).

(6)
Arrangements under subsection (1) must require the scheme administrator

to give the appropriate national authority, in such manner and at such

times as it may specify, such information and facilities for obtaining

information as it may specify.

(7)
The appropriate national authority may make regulations conferring or

imposing—

(a)
on scheme administrators, or

(b)
on scheme administrators of any description specified in the

regulations,

(  44  )


such powers or duties in connection with arrangements under subsection

(1) as are so specified.

(8)
In this Chapter—


“authorised”, in relation to a tenancy deposit scheme, means that the

scheme is in force in accordance with arrangements under

subsection (1);


“custodial scheme” and “insurance scheme” have the meaning given

by paragraph 1(2) and (3) of Schedule (Provisions relating to tenancy

deposit schemes);


“ money” means money in the form of cash or otherwise;


“shorthold tenancy” means an assured shorthold tenancy within the

meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c. 50);


“tenancy deposit”, in relation to a shorthold tenancy, means any

money intended to be held (by the landlord or otherwise) as

security for—

(a)
the performance of any obligations of the tenant, or

(b)
the discharge of any liability of his,


arising under or in connection with the tenancy.

(9)
In this Chapter—

(a)
references to a landlord or landlords in relation to any shorthold

tenancy or tenancies include references to a person or persons

acting on his or their behalf in relation to the tenancy or tenancies,

and

(b)
references to a tenancy deposit being held in accordance with a

scheme include, in the case of a custodial scheme, references to an

amount representing the deposit being held in accordance with the

scheme.”
187
Insert the following new Clause—

“Requirements relating to tenancy deposits

(1)
Any tenancy deposit paid to a person in connection with a shorthold

tenancy must, as from the time when it is received, be dealt with in

accordance with an authorised scheme.

(2)
No person may require the payment of a tenancy deposit in connection

with a shorthold tenancy which is not to be subject to the requirement in

subsection (1).

(3)
Where a landlord receives a tenancy deposit in connection with a shorthold

tenancy, the initial requirements of an authorised scheme must be

complied with by the landlord in relation to the deposit within the period

of 14 days beginning with the date on which it is received.

(4)
For the purposes of this section “the initial requirements” of an authorised

scheme are such requirements imposed by the scheme as fall to be

complied with by a landlord on receiving such a tenancy deposit.

(5)
A landlord who has received such a tenancy deposit must give the tenant

and any relevant person such information relating to—

(a)
the authorised scheme applying to the deposit,

(b)
compliance by the landlord with the initial requirements of the

scheme in relation to the deposit, and

(  45  )

(c)
the operation of provisions of this Chapter in relation to the deposit,


as may be prescribed.

(6)
The information required by subsection (5) must be given to the tenant and

any relevant person—

(a)
in the prescribed form or in a form substantially to the same effect,

and

(b)
within the period of 14 days beginning with the date on which the

deposit is received by the landlord.

(7)
No person may, in connection with a shorthold tenancy, require a deposit

which consists of property other than money.

(8)
In subsection (7) “deposit” means a transfer of property intended to be held

(by the landlord or otherwise) as security for—

(a)
the performance of any obligations of the tenant, or

(b)
the discharge of any liability of his,


arising under or in connection with the tenancy.

(9)
The provisions of this section apply despite any agreement to the contrary.

(10)
In this section—


“prescribed” means prescribed by an order made by the appropriate

national authority


“property” means moveable property;


“relevant person” means any person who, in accordance with

arrangements made with the tenant, paid the deposit on behalf of

the tenant.
188
Insert the following new Clause—

“Proceedings relating to tenancy deposits

(1)
Where a tenancy deposit has been paid in connection with a shorthold

tenancy, the tenant or any relevant person (as defined by section

(Requirements relating to tenancy deposits) (10)) may make an application to a

county court on the grounds—

(a)
that the initial requirements of an authorised scheme (see section

(Requirements relating to tenancy deposits) (4)) have not, or section

(Requirements relating to tenancy deposits) (6)(a) has not, been

complied with in relation to the deposit; or

(b)
that he has been notified by the landlord that a particular

authorised scheme applies to the deposit but has been unable to

obtain confirmation from the scheme administrator that the deposit

is being held in accordance with the scheme.

(2)
Subsections (3) and (4) apply if on such an application the court—

(a)
is satisfied that those requirements have not, or section

(Requirements relating to tenancy deposits) (6)(a) has not, been

complied with in relation to the deposit, or

(b)
is not satisfied that the deposit is being held in accordance with an

authorised scheme,

(  46  )


as the case may be.

(3)
The court must, as it thinks fit, either—

(a)
order the person who appears to the court to be holding the deposit

to repay it to the applicant, or

(b)
order that person to pay the deposit into the designated account

held by the scheme administrator under an authorised custodial

scheme,


within the period of 14 days beginning with the date of the making of the

order.

(4)
The court must also order the landlord to pay to the applicant a sum of

money equal to three times the amount of the deposit within the period of

14 days beginning with the date of the making of the order.

(5)
Where any deposit given in connection with a shorthold tenancy could not

be lawfully required as a result of section (Requirements relating to tenancy

deposits)(7), the property in question is recoverable from the person holding

it by the person by whom it was given as a deposit.

(6)
In subsection (5) “deposit” has the meaning given by section (Requirements

relating to tenancy deposits)(8).”
189
Insert the following new Clause—

“Sanctions for non-compliance

(1)
If a tenancy deposit has been paid in connection with a shorthold tenancy,

no section 21 notice may be given in relation to the tenancy at a time

when—

(a)
the deposit is not being held in accordance with an authorised

scheme, or

(b)
the initial requirements of such a scheme (see section (Requirements

relating to tenancy deposits) (4)) have not been complied with in

relation to the deposit.

(2)
If section (Requirements relating to tenancy deposits)(6) is not complied with

in relation to a deposit given in connection with a shorthold tenancy, no

section 21 notice may be given in relation to the tenancy until such time as

section (Requirements relating to tenancy deposits)(6)(a) is complied with.

(3)
If any deposit given in connection with a shorthold tenancy could not be

lawfully required as a result of section (Requirements relating to tenancy

deposits)(7), no section 21 notice may be given in relation to the tenancy

until such time as the property in question is returned to the person by

whom it was given as a deposit.

(4)
In subsection (3) “deposit” has the meaning given by section (Requirements

relating to tenancy deposits)(8).

(5)
In this section a “section 21 notice” means a notice under section 21(1)(b) or

(4)(a) of the Housing Act 1988 (recovery of possession on termination of

shorthold tenancy).”
190
Insert the following new Clause—