Public Bill Committee: 22nd January 2008

253

Housing and Regeneration Bill, continued

(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.

(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).”.

Public Bill Committee: 22nd January 2008

254

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.”’.

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:—

Public Bill Committee: 22nd January 2008

255

Housing and Regeneration Bill, continued

‘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.’.

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.’.

Public Bill Committee: 22nd January 2008

256

Housing and Regeneration Bill, continued

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:

“(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:—

Public Bill Committee: 22nd January 2008

257

Housing and Regeneration Bill, continued

‘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

(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: 22nd January 2008

258

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: 22nd January 2008

259

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.”.’.

Protection from eviction

Mr Andrew Love

nc59

To move the following Clause:—

‘(1)	In the Protection from Eviction Act 1977 (c. 43), after section 3(3), insert the

following—

“(4)	In this section premises shall be treated as let as a dwelling, or occupied

as a dwelling, if the occupier is for the time being residing there, except

that B & B accommodation and hostel accommodation shall not be

regarded as a dwelling.

(5)	In subsection (4), “B & B accommodation” has the same meaning as in

the Homelessness (Suitability of Accommodation) (England) Order 2003

and “hostel” has the same meaning as in section 622 of the Housing Act

1985”.

(2)	In the Protection from Eviction Act 1977, after section 4(9), insert the

following—

“(10)

Where a person lawfully occupies any residential premises under an

excluded tenancy or excluded licence, he shall not be evicted from such

premises except following the expiry of a reasonable period of notice.

(11)	For the avoidance of doubt, an excluded tenant or excluded licensee shall

not be compelled to leave accommodation by the landlord or the

landlord’s agents following the expiry of a reasonable period of notice

while he is physically present within those premises.

(12)	For the purposes of subsections (10) and (11) above, a licence of

accommodation in a B & B or hostel shall be treated as an excluded

licence.”.’.

Domestic violence

Mr Andrew Love

NC61

To move the following Clause:—

‘(1)	The Housing Act 1996 (c. 52) is amended as follows.

(2)	After paragraph (d) of section 189(i) (Priority need for accommodation) insert—

---

Revised 22 January 2008