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Housing and Regeneration Bill


Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

99

 

254     

Powers to extend Chapter

(1)   

The appropriate national authority may by regulations provide for this

Chapter to apply, with or without prescribed modifications, to—

(a)   

buildings which are not residential properties, or

(b)   

prescribed descriptions of buildings falling within paragraph (a),

5

   

as it applies to residential properties.

(2)   

The appropriate national authority may by regulations provide for this

Chapter to apply, with or without prescribed modifications, to—

(a)   

newly converted residential properties,

(b)   

newly converted buildings which are not residential properties, or

10

(c)   

prescribed descriptions of residential properties falling within

paragraph (a) or buildings falling within paragraph (b),

   

as it applies to new residential properties.

(3)   

For the purposes of this Chapter a residential property or other building is

newly converted if—

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(a)   

it has been converted but has never been used for its intended purpose,

(b)   

it is being converted, or

(c)   

its conversion is being designed.

(4)   

The appropriate national authority may by regulations provide for

circumstances in which a residential property or other building is to be treated

20

as having been converted.

(5)   

The references in subsections (1)(a) and (b), (2)(b) and (c) and (3) and (4) to

buildings include references to—

(a)   

ancillary land, and

(b)   

buildings and ancillary land which are being designed or constructed

25

or are to be constructed.

(6)   

The appropriate national authority may by regulations amend the definition of

“purchaser” in section 255(1).

(7)   

Regulations under subsection (6)—

(a)   

must ensure that the descriptions of persons falling within the

30

definition on the passing of this Act continue to fall within the

definition (but this is without prejudice to the power to amend the text

of the definition), and

(b)   

may, in particular, ensure that descriptions of persons who are taking

steps with a view to deciding whether to purchase residential

35

properties are included within the definition.

255     

Chapter 1: interpretation etc.

(1)   

In this Chapter—

“ancillary land”, in relation to a building, means any land intended to be

occupied and enjoyed together with the building,

40

“appropriate national authority” means—

(a)   

in relation to England, the Secretary of State, and

(b)   

in relation to Wales, the Welsh Ministers,

“building” includes part of a building,

“modifications” includes omissions,

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Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

100

 

“purchase”, in relation to a residential property, means acquire, or agree

to acquire, by way of purchase a relevant interest in the property,

“purchaser”, in relation to a residential property, means a person who

has—

(a)   

made an offer to purchase it, or

5

(b)   

purchased it,

“prescribed” means prescribed by regulations made by the appropriate

national authority,

“relevant interest”, in relation to a residential property, means—

(a)   

the freehold interest in the property,

10

(b)   

such leasehold interests as may be prescribed, or

(c)   

an option to acquire the freehold interest or any such prescribed

leasehold interest,

“residential property” means a building which is, or is intended to be,

occupied as a separate dwelling (including one that is being designed

15

or constructed or is to be constructed) and includes any ancillary land,

but it does not include a newly converted residential property,

“sell”, in relation to a residential property, means—

(a)   

dispose, or agree to dispose, by way of sale of a relevant interest

in the property, or

20

(b)   

offer such an interest for sale,

“sustainability”, in relation to residential properties, is to be read in

accordance with section 243.

(2)   

Any reference in subsection (1) or (5) to the disposal of a relevant interest

includes a reference to the creation of such an interest.

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(3)   

For the purposes of this Chapter a person who is selling a residential property

is to be treated as selling it as a new property if, at the time in question—

(a)   

the property is being designed,

(b)   

the property is being constructed, or

(c)   

the construction of the property has been finished but the property has

30

never been occupied as a dwelling.

(4)   

For the purposes of this Chapter, the construction of a residential property is

to be treated as finished if the property—

(a)   

is wind and weather proof,

(b)   

is safe and sanitary for any occupiers or visitors,

35

(c)   

has facilities for the supply of space heating, hot and cold water and

electricity,

(d)   

has washing and drainage facilities, and

(e)   

meets any other prescribed requirements.

(5)   

For the purposes of this Chapter a sale is agreed—

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(a)   

in the case of a legally binding agreement to dispose by way of sale,

when the agreement is entered into, and

(b)   

in the absence of such an agreement, when the disposal is made.

(6)   

Any requirement imposed by virtue of section 242 to supply a certificate or

statement—

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(a)   

may be met by supplying a copy of the certificate or statement, and

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

101

 

(b)   

may be met by supplying the certificate or statement (or copy) in

electronic form if the intended recipient consents to receiving it in that

form.

(7)   

For the purposes of this Chapter a certificate, statement or copy supplied in

electronic form is only to be treated as being received if the recipient is readily

5

able (using equipment available to the recipient)—

(a)   

to view the document in a form that is legible, and

(b)   

to produce hard copies of it in a legible form.

(8)   

The sale or purchase of a residential property is not invalid merely because of

a failure to comply with any requirement imposed by virtue of this Chapter.

10

256     

Index of defined expressions: Chapter 1

In this Chapter, the expressions listed in the left-hand column have the

meaning given by, or are to be interpreted in accordance with, the provisions

listed in the right-hand column.

 

Expression

Provision

 

15

 

Agreed (in relation to a sale)

Section 255(5)

 
 

Ancillary land

Section 255(1)

 
 

Appropriate national authority

Section 255(1)

 
 

Building

Section 255(1)

 
 

Enforcement authority

Section 246(1)

 

20

 

Finished (in relation to construction of residential property)

Section 255(4)

 
 

Interim certificate

Section 242(11)

 
 

Modifications

Section 255(1)

 
 

Newly converted

Section 254(3)

 
 

Prescribed

Section 255(1)

 

25

 

Purchase

Section 255(1)

 
 

Purchaser

Section 255(1)

 
 

Relevant interest

Section 255(1)

 
 

Residential property

Section 255(1)

 
 

Sell

Section 255(1)

 

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Sell as new property

Section 255(3)

 
 

Supply (in relation to certificates or statements)

Section 255(6) and (7)

 
 

Sustainability

Section 243

 
 

Sustainability certificate

Section 242(11)

 
 
 

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

102

 

Chapter 2

Landlord and tenant matters

Tenant empowerment

257     

Ballots before certain disposals to private landlords

(1)   

Schedule 3A to the Housing Act 1985 (c. 68) (consultation before disposal to

5

private sector landlord) is amended as follows.

(2)   

After paragraph 3(3) insert—

    “(4)  

When the period specified in sub-paragraph (3)(b) has expired the

authority shall arrange a ballot of the tenants in accordance with sub-

paragraph (5) to establish whether or not the tenants wish the

10

disposal to proceed.

      (5)  

The authority shall—

(a)   

make arrangements for such person as they consider

appropriate to conduct the ballot in such manner as that

person considers appropriate; or

15

(b)   

conduct the ballot themselves.

      (6)  

After the ballot has been held the authority shall serve a notice on

each tenant (whether or not he voted in the ballot) informing him—

(a)   

of the ballot result; and

(b)   

if the authority intend to proceed with the disposal, that he

20

may within 28 days after the service of the notice make

representations to the Secretary of State or (as the case may

be) the Welsh Ministers.”

(3)   

In paragraph 5(1)—

(a)   

for “it appears to him” substitute “the result of a ballot arranged under

25

paragraph 3(4) shows”, and

(b)   

after “relates” insert “who voted in the ballot”.

(4)   

Subsections (2) and (3) do not apply to consultations begun before the coming

into force of those subsections.

(5)   

For the purposes of subsection (4) a consultation has begun when a notice has

30

been served under paragraph 3(2) of Schedule 3A to the Act of 1985.

258     

Management agreements: extending requirements to co-operate

(1)   

Section 27AB of the Housing Act 1985 (management agreements with tenant

management organisations) is amended as follows.

(2)   

In subsection (2), after paragraph (b), insert—

35

“(ba)   

to provide to the organisation such information or descriptions

of information, in connection with the proposal, as may be

prescribed in the regulations;

(bb)   

to take, in circumstances prescribed in the regulations, such

other steps as may be so prescribed to co-operate with the

40

organisation in connection with the proposal;”.

 
 

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

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(3)   

In subsection (4)—

(a)   

in paragraph (a) after “authority” insert “or the person making the

regulations”,

(b)   

after paragraph (b), insert—

“(ba)   

setting time-limits for the carrying out of requirements

5

under the regulations;”, and

(c)   

in paragraph (c) after “guidance” insert “or directions”.

259     

Requirements to co-operate in relation to certain disposals of land

After section 34 of the Housing Act 1985 (c. 68) (consents in relation to

disposals of land held for housing purposes) insert—

10

“34A    

Requirements to co-operate in relation to certain disposals

(1)   

The appropriate person may make regulations for imposing

requirements on a local housing authority in any case where a tenant

group serves written notice on the authority proposing that the

authority should dispose of particular land held by them for the

15

purposes of this Part, or a particular description of such land, to a

relevant housing provider.

(2)   

The regulations may make provision requiring the authority—

(a)   

to provide, or finance the provision of, such office

accommodation and facilities, and such training, as the tenant

20

group reasonably requires for the purpose of pursuing the

proposal;

(b)   

to arrange for such feasibility studies with respect to the

proposal as may be determined by or under the regulations to

be conducted by such persons as may be so determined;

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(c)   

to provide to the tenant group such information or descriptions

of information, in connection with the proposal, as may be

prescribed in the regulations;

(d)   

to take, in circumstances prescribed in the regulations, such

other steps as may be so prescribed to co-operate with the

30

tenant group in connection with the proposal;

(e)   

to arrange for such ballots or polls with respect to the proposal

as may be determined by or under the regulations to be

conducted by such persons as may be so determined; and

(f)   

in such circumstances as may be prescribed by the regulations,

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to enter into an agreement for the disposal.

(3)   

The regulations may make provision—

(a)   

for determining the houses and other land to which the disposal

should relate, and the amounts which should be paid in respect

of the disposal;

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(b)   

requiring the agreement for the disposal to be in such form as

may be approved by the appropriate person and to contain such

provisions as may be prescribed by the regulations.

(4)   

The regulations may make such procedural, incidental, supplementary

and transitional provisions as may appear to the appropriate person

45

necessary or expedient, and may in particular make provision—

 
 

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

104

 

(a)   

for particular questions arising under the regulations to be

determined by the authority or the appropriate person;

(b)   

setting time-limits for the carrying out of requirements under

the regulations;

(c)   

requiring any person exercising functions under the regulations

5

to act in accordance with any guidance or directions given by

the appropriate person.

(5)   

Nothing in subsections (2) to (4) is to be taken as prejudicing the

generality of subsection (1).

(6)   

This section does not affect any requirement under section 32 or 33 for

10

the consent of the Secretary of State or the Welsh Ministers.

(7)   

Regulations under this section—

(a)   

may make different provision with respect to different cases or

descriptions of case, including different provision for different

areas; and

15

(b)   

are to be made by statutory instrument which—

(i)   

in the case of an instrument made by the Secretary of

State, is subject to annulment in pursuance of a

resolution of either House of Parliament; and

(ii)   

in the case of an instrument made by the Welsh

20

Ministers, is subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(8)   

In this section—

“appropriate person” means—

(a)   

in relation to England, the Secretary of State; and

25

(b)   

in relation to Wales, the Welsh Ministers;

“relevant housing provider” means—

(a)   

in relation to England, a registered provider of social

housing; and

(b)   

in relation to Wales, a registered social landlord (within

30

the meaning of Part 1 of the Housing Act 1996); and

“tenant group” means a body or other person which satisfies such

conditions as may be determined by or under the regulations.”

Family intervention tenancies

260     

Family intervention tenancies: general

35

(1)   

In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure

tenancies) after paragraph 4 insert—

“Family intervention tenancies

4ZA   (1)  

A tenancy is not a secure tenancy if it is a family intervention

tenancy.

40

      (2)  

But a tenancy mentioned in sub-paragraph (1) becomes a secure

tenancy if the landlord notifies the tenant that it is to be regarded as

a secure tenancy.

 
 

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

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      (3)  

In this paragraph “a family intervention tenancy” means, subject to

sub-paragraph (4), a tenancy granted by a local housing authority in

respect of a dwelling-house—

(a)   

to a person (“the new tenant”) against whom a possession

order under section 84 in respect of another dwelling-

5

house—

(i)   

has been made, in relation to a secure tenancy, on

ground 2 or 2A of Part 1 of Schedule 2;

(ii)   

could, in the opinion of the authority, have been so

made in relation to such a tenancy; or

10

(iii)   

could, in the opinion of the authority, have been so

made if the person had had such a tenancy; and

(b)   

for the purposes of the provision of behaviour support

services.

      (4)  

A tenancy is not a family intervention tenancy for the purposes of

15

this paragraph if the local housing authority has failed to serve a

notice under sub-paragraph (5) on the new tenant before the new

tenant entered into the tenancy.

      (5)  

A notice under this sub-paragraph is a notice stating—

(a)   

the reasons for offering the tenancy to the new tenant;

20

(b)   

the dwelling-house in respect of which the tenancy is to be

granted;

(c)   

the other main terms of the tenancy (including any

requirements on the new tenant in respect of behaviour

support services);

25

(d)   

the security of tenure available under the tenancy and any

loss of security of tenure which is likely to result from the

tenant agreeing to enter into the tenancy;

(e)   

that the new tenant is not obliged to enter into the tenancy or

to surrender any existing tenancy or possession of a

30

dwelling-house;

(f)   

any likely action by the local housing authority if the new

tenant does not enter into the tenancy or surrender any

existing tenancy or possession of a dwelling-house.

      (6)  

The appropriate national authority may by regulations made by

35

statutory instrument amend sub-paragraph (5).

      (7)  

Such regulations may contain such transitional, transitory or saving

provision as the appropriate national authority considers

appropriate.

      (8)  

A statutory instrument containing regulations made under this

40

paragraph—

(a)   

by the Secretary of State is subject to annulment in pursuance

of a resolution of either House of Parliament; and

(b)   

by the Welsh Ministers is subject to annulment in pursuance

of a resolution of the National Assembly for Wales.

45

      (9)  

In this paragraph—

“appropriate national authority”—

(a)   

in relation to England, means the Secretary of State;

and

 
 

 
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