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Housing and Regeneration Bill, continued

Choice-based disability housing register

Sir George Young

Lembit Öpik

Andrew George

NC11

To move the following Clause:—

‘(1)	The Housing Act 1996 is amended as follows.

(2)	After section 167(2E) insert—

“(2F)

Subject to subsection (2), the scheme shall contain provision for the

creation of a disability housing register consisting of—

(a)	a record of existing or planned accessible residential properties

in the local authority area, whether purpose built or adapted, with

details of the access features relating to each property and

location details and other residential properties which would

otherwise meet the particular requirements of disabled persons;

(b)	a record of disabled persons who require such properties;

(c)	a service of enabling and supporting disabled persons to bid for

properties so recorded and

(d)	a mechanism for ensuring such persons are accorded priority

status for such properties within the allocations process.

(2G)	For the purposes of this section—

“accessible residential properties” means dwellings, flats and houses in

multiple occupation in England and Wales which provide a reasonable

means of access in and around the property and ease of use for disabled

persons or which may easily be adapted to provide such access and ease

of use;

“residential properties which would otherwise meet the particular

requirements of disabled persons” means properties which would be

suitable, either in terms of their size, particular features or location, for

disabled persons who have disability-related requirements other than or

in addition to access requirements.

(2H)	This section is without prejudice to the right of disabled persons to bid

for properties other than those mentioned in subsections 2F and 2G

above.

(2I)	In performing their duties under this section, each local housing authority

shall have regard to any guidance given from time to time by the

appropriate authority.’.

Possession action for rent arrears involving housing benefit

Sir George Young

NC12

To move the following Clause:—

‘Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as

follows.

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Housing and Regeneration Bill, continued

(1)	In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6)

and (6A)”.

(2)	In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6)

and (6A)”.

(3)	After subsection (6), insert—

“(6A)

If the court is satisfied—

(a)	that Ground 8 in Part 1 of Schedule 2 to this Act is established;

and

(b)	that some rent is in arrears as a consequence of a delay or failure

in the payment of relevant housing benefit, it shall not make an

order for possession unless it considers it reasonable to do so.

(4)	At end insert—

“(8)	In subsection (6A) above—

(a)	“relevant housing benefit” means—

(i)	any rent allowance or rent rebate to which the tenant was

entitled in respect of the rent under the Housing Benefit

Regulations 2006 (S.I. 2006/213); or

(ii)	any payment on account of any such entitlement

awarded under Regulation 93 of those Regulations;

(b)	references to delay or failure in the payment of relevant housing

benefit do not include such delay or failure so far as referable to

any wilful act or omission of the tenant.”.’.

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.

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

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

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).”.

(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

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Housing and Regeneration Bill, continued

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—

“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”.

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(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.”’.

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.’.

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.

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Housing and Regeneration Bill, continued

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

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

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).

(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.’.

Mandatory licensing of houses in multiple occupation

Dr Roberta Blackman-Woods

Lyn Brown

NC29

To move the following Clause:—

‘In section 55 of the Housing Act 2004, for subsection (2), substitute the

following:

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Revised 17 January 2008