House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

95

House of Commons

Notices of Amendments

given on

Thursday 10th January 2008

For other Amendment(s) see the following page(s):

Housing and Regeneration Bill Committee 71-94

Public Bill Committee

Housing and Regeneration Bill

Lembit Öpik

Andrew George

97

Clause  10,  page  4,  line  40,  at end insert ‘subject to consultation with landowners

whose property borders the land under consideration for disposal.’.

Lembit Öpik

Andrew George

98

Clause  13,  page  5,  line  12,  after ‘(a)’, insert ‘subject to social and geographical

considerations.’.

Lembit Öpik

Andrew George

99

Clause  15,  page  7,  line  30,  at end insert—

‘(8)
any resident of a private street may submit on request to the HCA for the adoption

of that street.’.

Sir George Young

Lembit Öpik

Andrew George

100

Clause  233,  page  88,  line  3,  after ‘constitution’, insert ‘provided that the total

number of appointees under this section does not exceed one-fourth of the total number

of officers, or four persons, whichever is greater’.

Notices of Amendments: 10th January 2008
96

Housing and Regeneration Bill, continued

Park home owners

Richard Younger-Ross

NC15

To move the following Clause:—

‘(1)
The Secretary of State may, by regulations made by statutory instrument, make

provision about licensing of park home owners.

(2)
Regulations made under subsection (1) shall include—

(a)
a requirement for park home owners to apply for a licence, and

(b)
a requirement for a proposed licence holder to be a fit and proper person

according to the tests set out in section 66 of the Housing Act 2004 (c.34).

(3)
In this section “park home owner” means—

(a)
any person defined as an “owner” under section 5 of the Mobile Homes

Act 1983 (c.34), or

(b)
any other person (“A”) who enters into an agreement to entitle another

person (“B”)—

(i)
to station a mobile home, and

(ii)
to occupy the mobile home as B’s only and main residence on

land in A’s possession.

(4)
Any instrument containing regulations under this section is subject to annulment

in pursuance of a resolution of either House of Parliament.’.

Duty in relation to electromagnetic fields

Mr Nick Hurd

nc16

To move the following Clause:—

‘In exercising its powers, the HCA must ensure that it does not expose any person

to any risk to their health arising from exposure to electric and magnetic fields

with a frequency of between 30-300 Hertz.’.

Tolerated trespassers

Lembit Öpik

Andrew George

nc17

To move the following Clause:—

‘(1)
For section 82(2) of the Housing Act 1985 (secure tenancies), substitute the

following—

“(2)
Where the court makes a possession order for possession of the dwelling-

house, the tenancy ends on the date on which the order for possession is

executed (unless the tenant gives up possession before that date).”.

(2)
After section 5(1) of the Housing Act 1988 (assured tenancies), insert the

following—

“(1A)
Where the court makes a possession order for possession of the dwelling-

house, the tenancy ends on the date on which the order for possession is

executed (unless the tenant gives up possession before that date).”.

Notices of Amendments: 10th January 2008
97

Housing and Regeneration Bill, continued

(3)
In section 7(7) of the Housing Act 1988 (assured tenancies), for the words “on the

day on which the order takes effect”, substitute “on the date on which the order

for possession is executed (unless the tenant gives up possession in before that

date”.

(4)
In section 127(3) of the Housing Act 1996 (introductory tenancies), for the words

“on the date on which the tenant is to give up possession in pursuance of the

order”, substitute “on the date on which the order for possession is executed

(unless the tenant gives up possession before that date)”.

(5)
In section 143D of the Housing Act 1996 (demoted tenancies), for the words “on

the date on which the tenant is to give up possession in pursuance of the order”,

substitute “on the date on which the order for possession is executed (unless the

tenant gives up possession before that date)”.

(6)
Where a possession order was made prior to the commencement of this Act in

respect of relevant tenancy with effect from the date of commencement, such

order is to be treated as if the amendments in this section had been enacted and in

full effect at the date of the order, provided that at commencement the tenant

continues to occupy the same premises as his only or principal home.

(7)
For the avoidance of doubt, in subsection (6) “tenant” includes a former tenant

under a relevant tenancy and where the tenant’s tenancy is revived in

consequence of this section, such revival shall have effect from the date of

commencement of this Act.

(8)
In this section a “relevant tenancy” is one of the tenancies referred to in

subsections (1) to (5) above.

(9)
For section 85(4) of the Housing Act 1985 and section 9(4) of the Housing Act

1988 substitute the following—


“Following a stay, suspension or postponement under subsection (2)

above, upon payment of all sums due under the order, the order shall be

discharged; and the court may at any other time, if it thinks fit, discharge

or rescind the order for possession.”’.

Code of practice in the private rented sector

Lembit Öpik

Andrew George

nc18

To move the following Clause:—

‘(1)
In section 87 of the Leasehold Reform, Housing and Urban Development Act

1993, after subsection (1), insert—

“(1A)
The HCA may by order—

(a)
approve a code of practice (whether prepared by the HCA or any

other person) establishing standards of conduct and practice to

be followed with regard to the management of residential

property (other than property controlled or managed by the

bodies specified in paragraph 2 of Schedule 14 to the Housing

Act 2004);

(b)
approve a modification of such a code; or

(c)
withdraw the HCA’s approval of such a code or modification.”.

(2)
After section 87 of the Leasehold Reform, Housing and Urban Development Act

1993 (c. 28) (Codes of practice) insert—

Notices of Amendments: 10th January 2008
98

Housing and Regeneration Bill, continued

“87A
Disputes over the application of codes of management practice

(1)
Any dispute concerning the application of any code of management

practice which has been approved under section 87 is to be resolved by

reference to the residential property tribunal.

(2)
The powers of the residential property tribunal in any dispute under

subsection (1) include, but are not limited to, the following—

(a)
requiring the lessor (or any person having control of or managing

the premises) to attend training courses in relation to any relevant

code of practice;

(b)
issuing guidance to the lessor (or any person having control of or

managing the premises) in relation to any relevant code of

practice;

(c)
revoking the status of the lessor or any person having control of

or managing the premises as a fit and proper person, as defined

by section 87B;

(d)
transferring the management of the property to an accredited

agent.

(3)
For the purpose of subsection (2), the HCA may by regulations

prescribe—

(a)
the meaning of “any person having control or managing the

premises”;

(b)
the definition of an “accredited agent”.

(4)
This section applies in relation to dwelllings let on licences to occupy as

it applies in relation to dwellings let on leases, and references to leases

and lessors accordingly include references to licences and licensors.

87B
Status as a fit and proper person

(1)
The HCA may by regulations make provision for lessors (or any person

having control of or managing residential property) to be treated as “a fit

and proper landlord”.

(2)
Regulations under this section may prescribe how the status of being a fit

and proper landlord—

(a)
is applied for and awarded;

(b)
may be used in advertising;

(c)
may attract tax allowances; and

(d)
may be revoked.

(3)
For the purpose of subsection (1), the HCA may by regulations prescribe

the definition of “any person having control or managing the premises’.

(4)
This section applies in relation to dwellings let on licences to occupy as

it applies in relation to swellings let on leases, and references to leases

and lessors accordingly include references to licences and licensors.”’.

National Tenants’ Voice

Lembit Öpik

Andrew George

nc19

To move the following Clause:—

Notices of Amendments: 10th January 2008
99

Housing and Regeneration Bill, continued

‘(1)
The Secretary of State shall by order make provision for the establishment of a

body to be known as the National Tenants’ Voice.

(2)
The objects of the National Tenants’ Voice shall include the following—

(a)
to represent the interests of tenants in the social rented sector;

(b)
to act as an advocate for tenants to the Regulator of Social Housing,

providers of housing accommodation, Communities England, other

government departments and bodies, mortgage lenders and others;

(c)
to carry out and promote research into matters affecting the interests of

tenants;

(d)
to evaluate the effects of policies and practice, both national and local, on

tenants;

(e)
to promote good practice in matters affecting the interests of tenants;

(f)
to give support and assistance to national tenants’ representative

organisations and where appropriate to foster co-ordination of activities

and mutual support; and

(g)
to perform such other functions as may be prescribed.

(3)
In subsection (2), “tenants” shall include those who occupy accommodation

under periodic or fixed term tenancies or under long leases, and other lawful

residential occupiers who receive housing services from providers of social

housing.

(4)
The Secretary of State shall by regulation make provision for the constitution and

composition of the National Tenants’ Voice, for membership of its governing

body, for the determination of procedures, for the establishment of executive and

administrative support, and for the delivery of reports and accounts.’.

Exempt areas

Lembit Öpik

Andrew George

NC20

To move the following Clause:—

‘The Secretary of State may by order designate rural areas as exempt from the

right to buy.’.

Lembit Öpik

Andrew George

101

Clause  34,  page  15,  leave out from ‘HCA’ to end of line 9 and insert ‘must exercise its

functions with the objective of contributing to sustainable development.

(2)
The Secretary of State may issue guidance to the HCA for the purposes of this

section and the HCA must have regard to any guidance so issued.’.

Lembit Öpik

Andrew George

102

Clause  34,  page  15,  leave out lines 7 to 9 and insert—

‘(1)
This section applies to the HCA in exercising any function set out in Part 1 in

relation to: land acquisition, land disposal, planning, provision of infrastructure

or highways adoption.

(2)
The HCA must exercise the functions listed in subsection (1) with the objective

of contributing to the achievement of sustainable development.’.

Notices of Amendments: 10th January 2008
100

Housing and Regeneration Bill, continued

Implied term as to fitness for human habitation

Lembit Öpik

Andrew George

NC21

To move the following Clause:—

‘In section 8 of the Landlord and Tenant Act 1985, for subsections (3) and (4),

substitute the following—

‘(3)
This section applies to a contract for the letting of a house for a term of

less than seven years.

(4)
In determining whether the letting is one to which this section applies, the

provisions of section 13(2) shall apply.’.

Lembit Öpik

Andrew George

103

Clause  260,  page  105,  line  14,  at end insert ‘, and

(c)
under a specific Family Intervention Project or other similar scheme

approved by the HCA.

(3A)
The HCA may by order designate projects or schemes which it shall approve for

the purposes of subsection (3)(c).’.

Lembit Öpik

Andrew George

104

Clause  260,  page  106,  line  32,  at end insert ‘, and

(c)
under a specific Family Intervention Project or other similar scheme

approved by the HCA.

(3A)
The HCA may by order designate projects or schemes which it shall approve for

the purposes of subsection (3)(c).’.

Right to buy: power for local authorities to vary discount levels

Lembit Öpik

Andrew George

NC22

To move the following Clause:—

‘(1)
For section 129 of the Housing Act 1985 there shall be substituted:

“129
Discount

(1)
Subject to the following provisions of this Part, a landlord authority may

determine that a person exercising the right to buy shall be entitled to a

discount in the purchase price of such amount as the authority may

prescribe.

(2)
For the purposes of subsection (1), a landlord authority shall by

resolution prescribe the amounts of any such discount.

(3)
Any discount so prescibed by the authority shall be calculated or set by

reference to the period which is to be taken into account in accordance

with Schedule 4 (qualifying period for right to buy and discount).

Notices of Amendments: 10th January 2008
101

Housing and Regeneration Bill, continued

(4)
A resolution in accordance with subsection (2) may make different

provision with respect to different cases or descriptions of properties.

(5)
The Secretary of State may by order provide that, in such cases as may

be specified in the order, the maximum discount which may be permitted

by a landlord authority under subsection (2).

(6)
An order under subsection (4) may make different provision with respect

to different authorities or regions, or with respect to different cases or

descriptions of properties.

(7)
If a landlord authority decides not to exercise its power under subsection

(1), nothing in this section shall require it to do so.’.

Lembit Öpik

Andrew George

105

Clause  261,  page  108,  line  2,  at end insert—

‘(1A)
In an action for possession of a family intervention tenancy, the court shall have

power to—

(a)
postpone the date for possession; or

(b)
stay or suspend execution of the order


on such terms as it thinks fit.

(1B)
The court shall not have the power referred to in subsection (1A) where the notice

in subsection (1) was served on the basis that the tenant or a member of his

household has been guilty of conduct causing or likely to cause a nuisance or

annoyance to a person residing, visiting or otherwise engaging in a lawful activity

in the locality.’.

Lembit Öpik

Andrew George

106

Clause  115,  page  47,  line  5,  at end insert ‘or’.

Lembit Öpik

Andrew George

107

Clause  115,  page  47,  line  6,  leave out paragraph (b).

Lembit Öpik

Andrew George

Sir George Young

108

Clause  10,  page  4,  line  31,  at end insert—

‘(2)
“best consideration” means the best outcome secured in respect of the objectives

of the HCA in respect of the land being disposed of.’.