House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17th January 2008
184

Housing and Regeneration Bill, continued

“(2)
This Part applies to the following HMOs in the case of each local housing

authority:

(a)
any HMO which comprises three storeys or more or which is

occupied by four or more persons who live in two or more

households;

(b)
any other HMO which falls within any prescribed description of

HMO, and

(c)
if an area is for the time being designated by the authority under

section 56 as subject to additional licensing, any HMO in that

area which falls within any description of HMO specified in the

designation.”’.

Code of practice for the private rented sector

Lembit Öpik

Andrew George

nc30


To move the following Clause:—

‘The appropriate national authority may by order—

(a)
approve a code of practice (whether prepared by that authority 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 authority’s approval of such a code or modification.’.

Statutory overcrowding: definition of overcrowding

Lyn Brown

Mr Andrew Love

Dr Roberta Blackman-Woods

Margaret Moran

NC31


To move the following Clause:—

‘For section 324 of the Housing Act 1985 there is substituted—

“324
Definition of overcrowding

(1)
A dwelling is overcrowded for the purposes of this Part when the number

of persons sleeping in the dwelling is such as to contravene—

(a)
the standard specified in section 325 (‘the bedroom standard’), or

Public Bill Committee: 17th January 2008
185

Housing and Regeneration Bill, continued

(b)
the standard specified in section 326 (‘the space standard’).”.’.

Statutory overcrowding: bedroom standard

Lyn Brown

Mr Andrew Love

Dr Roberta Blackman-Woods

Margaret Moran

NC32


To move the following Clause:—

‘For section 325 of the Housing Act 1985 there is substituted—

“325
The bedroom standard

(1)
The bedroom standard is contravened when the number of bedrooms

available to the occupiers of a dwelling is less than the number of

bedrooms allocated to them in aggregate in accordance with the formula

set out below in subsection (4).

(2)
No account shall be taken for the purposes of the bedroom standard of a

room having a floor area of less than 50 square feet.

(3)
A room is available as a bedroom if it is of a type normally used in the

locality as a bedroom.

(4)
For the purposes of the bedroom standard a separate bedroom shall be

allocated to the following persons:—

(i)
a person living together with another as husband and

wife (whether that other person is of the same sex or the

opposite sex);

(ii)
a person aged 21 years or more;

(iii)
two persons of the same sex aged 10 years to 20 years;

(iv)
two persons (whether of the same sex or not) aged less

than 10 years;

(v)
two persons of the same sex where one person is aged

between 10 years and 20 years and the other is aged less

than 10 years;

(vi)
any person aged 21 years in any case where he or she

cannot be paired with another occupier of the dwelling

so as to fall within (iii), (iv) or (v) above.”.’.

Public Bill Committee: 17th January 2008
186

Housing and Regeneration Bill, continued

Statutory overcrowding: space standard

Lyn Brown

Mr Andrew Love

Dr Roberta Blackman-Woods

Margaret Moran

NC33


To move the following Clause:—

‘For section 326 of the Housing Act 1985 there is substituted—

“326
The space standard

(1)
The space standard is contravened when the number of persons sleeping

in a dwelling is in excess of the permitted number, having regard to the

floor area of the rooms of the dwelling available as bedrooms.

(2)
For this purpose—

(a)
a child under the age of five shall be reckoned as half a unit and

a person aged five or over shall be reckoned as one unit, and

(b)
a room is available as a bedroom if it is of a type normally used

in the locality as a bedroom.

(3)
The permitted number of persons in relation to a dwelling is the

aggregate for all such rooms in the dwelling of the numbers specified in

column 2 of the Table set out below in relation to each room of the floor

area specified in column 1.

No account shall be taken for the purposes of the space standard of a

room having a floor area of less than 50 square feet.

Floor area of room
Number of persons

110 sq. ft. or more
2

90 sq. ft. or more but less than 110 sq. ft.
1.5

70 sq. ft. or more but less than 90 sq. ft.
1

50 sq. ft. or more but less than 70 sq. ft.
0.5

(4)
The Secretary of State may by regulations prescribe the manner in which

the floor area of a room is to be ascertained for the purposes of this

section; and the regulations may provide for the exclusion from

computation, or the bringing into computation at a reduced figure, of

floor space in a part of the room which is of less than a specified height

not exceeding eight feet.

(5)
Regulations under subsection (4) shall be made by statutory instrument,

which shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

(6)
A certificate of the local housing authority stating the number and floor

areas of the rooms in a dwelling, and that the floor areas have been

Public Bill Committee: 17th January 2008
187

Housing and Regeneration Bill, continued

ascertained in the prescribed manner, is prima facie evidence for the

purposes of legal proceedings of the facts stated in it.”.’.

new schedulE relating to part 3

Mr Iain Wright

NS1

To move the following Schedule:—


‘SCHEDULE

Demolition notices

Final demolition notices

1
Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy:

final demolition notices) is amended as follows.

2    (1)
Paragraph 13 (final demolition notices) is amended as follows.

      (2)
In sub-paragraph (5) (period of validity of final demolition notices)—

(a)
omit the “and” following paragraph (a),

(b)
in paragraph (b) for “(7)” substitute “(7A)”, and

(c)
after paragraph (b) insert “and

(c)
the provisions of paragraph 15A.”

      (3)
In sub-paragraph (9) (certain references to landlord to include superior

landlord) after “15” insert “(other than paragraph 15(7A)”.

3    (1)
Paragraph 15 (extension or revocation etc. of final demolition notices) is

amended as follows.

      (2)
After sub-paragraph (7) (revocation notices) insert—

“(7A)
Sub-paragraphs (4) to (7) do not apply if the landlord is selling or

otherwise transferring his interest as landlord to another person or

is offering it for sale or for other transfer.”

      (3)
In sub-paragraph (8) (restrictions on service of further notices)—

(a)
after “in respect of it” insert “, by the landlord who served the earlier

notice or any landlord who served a continuation notice in respect of

the earlier notice,”,

(b)
after “when the” insert “earlier”, and

(c)
in paragraph (a) for “it” substitute “the further notice”.

4
After paragraph 15 insert—

“15A (1)
This paragraph applies if—

(a)
a final demolition notice is in force in respect of a dwelling-

house, and

(b)
the landlord transfers his interest as landlord to another

person.

      (2)
The final demolition notice (“the original notice”) continues in

force but this is subject to—

(a)
paragraphs 13(5) and 15, and

(b)
the following provisions of this paragraph.

Public Bill Committee: 17th January 2008
188

Housing and Regeneration Bill, continued

      (3)
Sub-paragraph (4) applies if the transferee—

(a)
intends to demolish the dwelling-house, but

(b)
has not—

(i)
served a continuation notice, and

(ii)
complied with the conditions in sub-paragraphs (8)

and (10),


within the period of 2 months beginning with the date of

transfer.

      (4)
The transferee must proceed under paragraph 15(4) as if the

transferee has decided not to demolish the dwelling-house (and

paragraph 15(5) to (7) applies on the same basis).

      (5)
A continuation notice is a notice—

(a)
stating that the transferee—

(i)
has acquired the interest concerned, and

(ii)
intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)
setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)
stating that one of conditions A to C in paragraph 14 is

satisfied in relation to the original notice (specifying the

condition concerned),

(d)
stating that the original notice is to continue in force, and

(e)
explaining the continued effect of the original notice.

      (6)
A continuation notice may not vary the proposed demolition date in

the original notice nor the date when the original notice will cease

to be in force.

      (7)
Sub-paragraph (8) applies if—

(a)
the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

(b)
the transferee intends to demolish the whole of the

building.

      (8)
The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

      (9)
An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph (8)

from being satisfied.

    (10)
Paragraph 13(7) and (8) apply in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning with

the date of transfer.

    (11)
Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6)

to (8) in relation to a final demolition notice so far as continued in

force under this paragraph.”

5
In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute

“, 15 or 15A”.

Public Bill Committee: 17th January 2008
189

Housing and Regeneration Bill, continued

Initial demolition notices

6
Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is

amended as follows.

7
In paragraph 2(1) (period of validity of initial demolition notices) for

“paragraph 3” substitute “paragraphs 3 and 3A”.

8
In paragraph 3(1) (revocation of initial demolition notices: application of

paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “(7A)”.

9
After paragraph 3 insert—

“Transfer of initial demolition notices

3A  (1)
This paragraph applies if—

(a)
an initial demolition notice is in force in respect of a

dwelling-house, and

(b)
the landlord transfers his interest as landlord to another

person.

      (2)
The initial demolition notice (“the original notice”) continues in

force but this is subject to—

(a)
paragraphs 2 and 3, and

(b)
the following provisions of this paragraph.

      (3)
Sub-paragraph (4) applies if the transferee—

(a)
intends to demolish the dwelling-house, but

(b)
has not—

(i)
served a continuation notice, and

(ii)
complied with the conditions in sub-paragraphs (8)

and (10),


within the period of 2 months beginning with the date of

transfer.

      (4)
The transferee must proceed under paragraph 15(4) of Schedule 5

as applied by paragraph 3(1) above as if the transferee has decided

not to demolish the dwelling-house (and paragraph 15(5) to (7) of

that Schedule as so applied applies on the same basis).

      (5)
A continuation notice is a notice—

(a)
stating that the transferee—

(i)
has acquired the interest concerned, and

(ii)
intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)
setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)
stating that the original notice is to continue in force, and

(d)
explaining the continued effect of the original notice.

      (6)
A continuation notice may not vary the period specified in the

original notice in accordance with paragraph 1(1)(c).

      (7)
Sub-paragraph (8) applies if—

(a)
the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

Public Bill Committee: 17th January 2008
190

Housing and Regeneration Bill, continued

(b)
the transferee intends to demolish the whole of the

building.

      (8)
The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

      (9)
An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph (8)

from being satisfied.

    (10)
Paragraph 13(7) of Schedule 5 applies in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning with

the date of transfer; and paragraph 2(3) above applies for this

purpose.

    (11)
Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2)

and (3) in relation to an initial demolition notice so far as continued

in force under this paragraph.”

10  (1)
Paragraph 4 (restrictions on service of further notices) is amended as follows.

      (2)
In sub-paragraph (2) (further initial demolition notices)—

(a)
after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

respect of the relevant notice,”, and

(b)
in paragraph (a) for “it” substitute “the further notice”.

      (3)
In sub-paragraph (3) (final demolition notices)—

(a)
after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

respect of the relevant notice,”, and

(b)
in paragraph (a) for “it” substitute “the final demolition notice”.

11
In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “, 15 or

15A”.

12
In paragraph 6(1) (interpretation) after “Schedule” insert “(other than

paragraph 3A)”.

Transitional provision

13
This Schedule does not apply to notices served before the coming into force of

the Schedule.’.

Mr Iain Wright

163


Clause  63,  page  29,  line  42,  leave out subsection (7) and insert—

‘( )
The table sets out substitutions which have effect throughout the Part (except

section 51 and Schedule 2); and where necessary in consequence of those

substitutions, for words in the singular substitute appropriate corresponding

words in the plural.