Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
106

(b)
in relation to Wales, means the Welsh Ministers;
“behaviour support services” means support services to be
provided by any person to—
(a)
the new tenant; or
(b)
any person who is to reside with the new tenant;
5
for the purpose of preventing the kind of behaviour which
led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-
paragraph (3);
“the new tenant” has the meaning given by sub-paragraph
10
(3)(a).”
(2)
In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot
be assured tenancies) after paragraph 12 insert—
“Family intervention tenancies
12ZA  (1)
A family intervention tenancy.
15
      (2)
But a family intervention tenancy becomes an assured tenancy if the
landlord notifies the tenant that it is to be regarded as an assured
tenancy.
      (3)
In this paragraph “a family intervention tenancy” means, subject to
sub-paragraph (4), a tenancy granted by a registered provider of
20
social housing or a registered social landlord (“the landlord”) in
respect of a dwelling-house—
(a)
to a person (“the new tenant”) against whom a possession
order under section 7 in respect of another dwelling-house—
(i)
has been made, in relation to an assured tenancy, on
25
ground 14 or 14A of Part 2 of Schedule 2;
(ii)
could, in the opinion of the landlord, have been so
made in relation to such a tenancy; or
(iii)
could, in the opinion of the landlord, have been so
made if the person had had such a tenancy; and
30
(b)
for the purposes of the provision of behaviour support
services.
      (4)
A tenancy is not a family intervention tenancy for the purposes of
this paragraph if the landlord has failed to serve a notice under sub-
paragraph (5) on the new tenant before the new tenant entered into
35
the tenancy.
      (5)
A notice under this sub-paragraph is a notice stating—
(a)
the reasons for offering the tenancy to the new tenant;
(b)
the dwelling-house in respect of which the tenancy is to be
granted;
40
(c)
the other main terms of the tenancy (including any
requirements on the new tenant in respect of behaviour
support services);
(d)
the security of tenure available under the tenancy and any
loss of security of tenure which is likely to result from the
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tenant agreeing to enter into the tenancy;

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Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
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(e)
that the new tenant is not obliged to enter into the tenancy or
to surrender any existing tenancy or possession of a
dwelling-house;
(f)
any likely action by the landlord if the new tenant does not
enter into the tenancy or surrender any existing tenancy or
5
possession of a dwelling-house.
      (6)
The appropriate national authority may by regulations made by
statutory instrument amend sub-paragraph (5).
      (7)
Such regulations may contain such transitional, transitory or saving
provision as the appropriate national authority considers
10
appropriate.
      (8)
A statutory instrument containing regulations made under this
paragraph—
(a)
by the Secretary of State is subject to annulment in pursuance
of a resolution of either House of Parliament; and
15
(b)
by the Welsh Ministers is subject to annulment in pursuance
of a resolution of the National Assembly for Wales.
      (9)
In this paragraph—
“appropriate national authority”—
(a)
in relation to England, means the Secretary of State;
20
and
(b)
in relation to Wales, means the Welsh Ministers;
“behaviour support services” means support services to be
provided by any person to—
(a)
the new tenant; or
25
(b)
any person who is to reside with the new tenant;
for the purpose of preventing the kind of behaviour which
led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-
paragraph (3);
30
“landlord” has the meaning given by sub-paragraph (3);
“the new tenant” has the meaning given by sub-paragraph
(3)(a);
“registered social landlord” has the same meaning as in Part 1
of the Housing Act 1996.”
35
(3)
This section does not apply to any tenancy granted before the coming into force
of this section.
261
Certain family intervention tenancies: termination
(1)
A local housing authority must not serve a notice to quit on the tenant of a
family intervention tenancy unless—
40
(a)
the authority has served a notice under subsection (2) on the tenant,
and
(b)
either—
(i)
the tenant has not requested a review of the kind mentioned in
subsection (2)(e) within the period of 14 days beginning with
45
the service of the notice,
(ii)
any such request has been withdrawn, or

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Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
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(iii)
the authority has served a notice on the tenant under subsection
(4)(b).
(2)
A notice under this subsection is a notice in writing stating—
(a)
that the authority has decided to serve a notice to quit on the tenant,
(b)
the effect of serving a notice to quit,
5
(c)
the reasons for the authority’s decision,
(d)
when the authority is intending to serve the notice to quit, and
(e)
that the tenant has the right to request, within the period of 14 days
beginning with the service of the notice under this subsection, a review
of the authority’s decision.
10
(3)
Subsection (4) applies if the tenant requests a review of the kind mentioned in
subsection (2)(e) within the period of 14 days beginning with the service of the
notice under subsection (2) and the request is not withdrawn.
(4)
The local housing authority must—
(a)
review its decision to serve a notice to quit on the tenant, and
15
(b)
serve a notice on the tenant informing the tenant of the decision of the
authority on the review and the reasons for it.
(5)
The appropriate national authority may by regulations make provision about
the procedure to be followed in connection with such a review.
(6)
Regulations under subsection (5) may, in particular—
20
(a)
specify the description of person who is to make the decision on a
review,
(b)
specify the circumstances in which the tenant is entitled to an oral
hearing on a review,
(c)
specify whether, and by whom, the tenant is entitled to be represented
25
at such a hearing.
(7)
A notice under subsection (2), and a notice to quit, served by a local housing
authority in respect of a family intervention tenancy must contain advice to the
tenant as to how the tenant may be able to obtain assistance in relation to the
notice.
30
(8)
The appropriate national authority may by regulations make provision about
the type of advice to be provided in such notices.
(9)
In this section—
“appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
35
(b)
in relation to Wales, the Welsh Ministers,
“family intervention tenancy” has the same meaning as in paragraph 4ZA
of Schedule 1 to the Housing Act 1985 (c. 68),
and other expressions used in this section and in paragraph 4ZA of that
Schedule have the same meaning as in that paragraph.
40
(10)
This section does not apply to any tenancy granted before the coming into force
of this section.

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Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
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Right to buy etc: miscellaneous
262
Exclusion of the right to buy: possession orders
(1)
For section 121(1) of the Housing Act 1985 (c. 68) (circumstances in which the
right to buy cannot be exercised) substitute—
“(1)
The right to buy cannot be exercised if the tenant is subject to an order
5
of the court for possession of the dwelling-house.”
(2)
Subsection (1) does not apply where the tenant has served a notice under
section 122 of that Act (tenant’s notice claiming to exercise right to buy) before
the coming into force of subsection (1) above and the notice is not withdrawn.
263
Review of determination of value
10
(1)
The Housing Act 1985 is amended as follows.
(2)
After section 128 (determination of value by district valuer) insert—
“128A
Determination of value: review notices
(1)
Subsection (1) applies if the value of a dwelling-house has been
determined or re-determined under section 128 (“the section 128
15
determination”).
(2)
The district valuer may—
(a)
on the valuer’s own initiative, or
(b)
at the request of the landlord or the tenant of the dwelling-
house;
20

serve on the landlord and the tenant a notice of intention to review the
section 128 determination giving reasons for the intention (“a review
notice”).
(3)
The landlord or the tenant may not make such a request after the end
of the period of 28 days beginning with the section 128(5) service date.
25
(4)
The district valuer must, before the end of the period of 14 days
beginning with the day on which such a request is made, serve on the
landlord and the tenant—
(a)
a review notice; or
(b)
a notice stating—
30
(i)
that the request was made;
(ii)
that the district valuer has decided not to comply with
it; and
(iii)
the reasons for the decision.
(5)
A review notice may not be served after the end of the period of 42 days
35
beginning with the section 128(5) service date.
(6)
In this section and section 128B—
“a review notice” has the meaning given by subsection (1);
“the section 128 determination” has the meaning given by
subsection (1);
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Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
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“the section 128(5) service date” means the day on which the
landlord serves a notice on the tenant under section 128(5) in
relation to the section 128 determination.
128B
Review of determination of value
(1)
The district valuer must review the section 128 determination as soon
5
as reasonably practicable after serving a review notice.
(2)
Subsection (3) applies if, following the review, the district valuer
decides that neither of the withdrawal conditions is met.
(3)
The district valuer must, as soon as reasonably practicable, serve on the
landlord and the tenant a notice stating—
10
(a)
the decision;
(b)
the reasons for it; and
(c)
that no further determination or (as the case may be) re-
determination is to be made under this section.
(4)
Subsection (5) applies if, following the review, the district valuer
15
decides that either withdrawal condition is met or both are met.
(5)
The district valuer must—
(a)
as soon as reasonably practicable, withdraw the section 128
determination by serving a further determination notice on the
landlord and the tenant; and
20
(b)
make a further determination or (as the case may be) re-
determination.
(6)
Before making such a determination or re-determination, the district
valuer must consider any representation made to the valuer by the
landlord or the tenant before the end of the period of 14 days beginning
25
with the day on which the further determination notice was served.
(7)
As soon as practicable after such a determination or re-determination
has been made, the landlord must serve on the tenant a determination
effect notice.
(8)
A determination effect notice is a notice stating—
30
(a)
the effect of the further determination or (as the case may be) re-
determination; and
(b)
the matters mentioned in section 125(2) and (3).
(9)
For the purposes of this section, the withdrawal conditions are—
(a)
that a significant error was made in the section 128
35
determination; or
(b)
that the district valuer did not comply with section 128(4) in
relation to the section 128 determination.
(10)
In this section—
“a further determination notice” is a notice stating—
40
(a)
that the section 128 determination is withdrawn;
(b)
the reasons for the withdrawal; and
(c)
that a further determination or (as the case may be) re-
determination will be made;

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Chapter 2 — Landlord and tenant matters
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“significant error”, in relation to the section 128 determination,
means an error of fact, or a number of such errors, made in the
section 128 determination as a result of which the value of the
dwelling-house determined or (as the case may be) re-
determined was at least 5% more or less than it would otherwise
5
have been.”
(3)
In section 125D(2) (period for serving tenant’s notice of intention), after
paragraph (b), insert “, and
(c)
where that determination or re-determination is withdrawn
and a further determination or re-determination made under
10
section 128B, the service of a notice under subsection (7) of that
section (a determination effect notice).”
(4)
In section 136(2) (period for serving notice of intention where there is a change
of secure tenant), after paragraph (b), insert “, and
(c)
where that determination or re-determination is withdrawn
15
and a further determination or re-determination made under
section 128B, the service of a notice under subsection (7) of that
section (a determination effect notice).”
(5)
In section 140(4) (circumstances in which landlord’s first notice to complete
may not be served), after paragraph (a), insert—
20
“(aa)
a review notice (within the meaning of section 128A) has been
served in relation to such a determination or re-determination
and the district valuer has neither—
(i)
served a notice under section 128B(3) (refusal to make
further determination), nor
25
(ii)
served a notice under section 128B(7) (a determination
effect notice),”.
(6)
In section 181(1) (jurisdiction of county court) after “128” insert “, 128B”.
(7)
This section does not apply to any determination or re-determination under
section 128 of the Housing Act 1985 (c. 68) which was required before the
30
coming into force of this section.
264
Approved lending institutions
(1)
In section 156 of the Housing Act 1985 (liability to repay is a charge on the
premises)—
(a)
in subsection (4) for “and any body specified, or of a class or description
35
specified, in an order made by the Secretary of State” substitute—
“an authorised mortgage lender.”, and
(b)
omit subsections (5) and (6).
(2)
In section 622(1) of that Act (minor definitions: general), after the definition of
“authorised insurer”, insert—
40
““authorised mortgage lender” means—
(a)
a person who has permission under Part 4 of the
Financial Services and Markets Act 2000 to enter
into a regulated mortgage contract as lender,
(b)
an EEA firm of the kind mentioned in paragraph
45
(5)(b) of Schedule 3 to that Act who has
permission under paragraph 15 of that Schedule

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Chapter 2 — Landlord and tenant matters
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(as a result of qualifying for authorisation under
paragraph 12 of that Schedule) to enter into a
regulated mortgage contract as lender, or
(c)
a Treaty firm within the meaning of Schedule 4
to that Act who has permission under paragraph
5
4 of that Schedule (as a result of qualifying for
authorisation under paragraph 2 of that
Schedule) to enter into a regulated mortgage
contract as lender;”.
(3)
In section 622(2) of that Act (interpretation of “authorised deposit taker” and
10
“authorised insurer”) for “and “authorised insurer”” substitute “, “authorised
insurer” and “authorised mortgage lender””.
(4)
In section 36(4) of that Act (priority of charges: approved lending institutions)
for the words from “and any body” to the end substitute—
“an authorised mortgage lender.”
15
(5)
In section 151B(5) of that Act (priority of charges: approved lending
institutions) for the words from “and any body” to the end substitute—
“an authorised mortgage lender.”
(6)
In paragraph 2(5) of Schedule 11 to the Housing Act 1988 (c. 50) (priority of
charges: approved lending institutions) for paragraph (e) substitute—
20
“(e)
an authorised mortgage lender (within the meaning of the
Housing Act 1985 (see section 622 of that Act)).”
(7)
In section 12(5) of the Housing Act 1996 (c. 52) (priority of charges: approved
lending institutions) for paragraph (c) substitute—
“(c)
an authorised mortgage lender (within the meaning of the
25
Housing Act 1985 (see section 622 of that Act)).”
265
Former right to buy flats etc: service charge loans
(1)
In section 450C(4) of the Housing Act 1985 (c. 68) (loans in respect of service
charges on former right to buy flats and other housing authority flats)—
(a)
in paragraph (a) for “as regards the rate of interest payable on”
30
substitute “in a case where a rate of interest is payable on some or all
of”, and
(b)
after paragraph (a) insert—
“(ab)
in a case where amounts calculated by reference to the
market value of the flat are payable instead of (or as well
35
as) interest, make provision about calculating the
market value of the flat (including imposing charges for
the services of district valuers);”.
(2)
The powers conferred by section 450C(3) of that Act include, in relation to
loans made before the coming into force of subsection (1) above, the power to
40
prescribe terms, or (as the case may be) make provision, of the kind envisaged
by subsection (1)(b) above.
(3)
But any such terms or provision are not to apply to any particular loan made
before the coming into force of subsection (1) above unless the landlord and
tenant agree that they are to apply in that case.
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