House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22nd January 2008
260

Housing and Regeneration Bill, continued

“(e)
A person without dependant children who has been subject to

domestic violence or is at risk of such violence, or if he or she

returns home is at risk of domestic violence.”.’.

Eligibility for housing assistance

Mr Andrew Love

NC62


To move the following Clause:—

‘In section 185(4) of the Housing Act 1996 (c. 52) (Persons from abroad not

eligible for housing assistance) omit paragraph (b).’.

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,”,

Public Bill Committee: 22nd January 2008
261

Housing and Regeneration Bill, continued

(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.

      (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”).

Public Bill Committee: 22nd January 2008
262

Housing and Regeneration Bill, continued

      (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”.

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

Public Bill Committee: 22nd January 2008
263

Housing and Regeneration Bill, continued

(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

(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)”.

Public Bill Committee: 22nd January 2008
264

Housing and Regeneration Bill, continued

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.

Expression
Substitution

“the Relevant Authority”
“the Welsh Ministers”

“the Authority”
“the Welsh Ministers”

“the Relevant Authority’s”
“the Welsh Ministers’”’.

Mr Iain Wright

164

Clause  64,  page  30,  line  4,  at end insert—

‘( )
for “Secretary of State makes” substitute “Welsh Ministers make”,’.

Mr Iain Wright

165

Clause  66,  page  31,  leave out lines 14 to 18 and insert—

‘(2)
The Secretary of State may by order’.

Mr Iain Wright

166

Clause  66,  page  31,  line  21,  leave out subsection (3).

Mr Iain Wright

167

Clause  66,  page  31,  line  23,  leave out subsection (4).

Public Bill Committee: 22nd January 2008
265

Housing and Regeneration Bill, continued

Sir George Young

134

Clause  67,  page  31,  line  27,  leave out from ‘means—’ to end of line 29 and insert

‘Housing that is in direct receipt of Government Capital Grant Funding.’.

Andrew Gwynne

327

Clause  68,  page  31,  line  39,  leave out paragraph (b) and insert—

‘(b)
the rent is below the market rate to such an extent that it is affordable to

those on low incomes’.

Mr Iain Wright

168

Clause  68,  page  32,  line  1,  leave out ‘for eligibility’.

Andrew Gwynne

328

Clause  68,  page  32,  line  1,  leave out paragraph (c) and insert—

‘(c)
the accommodation is let in accordance with rules for eligibility designed

to give preference to people in housing need whilst also promoting mixed

and sustainable communities.’.

Mr Iain Wright

169

Clause  68,  page  32,  line  2,  leave out from ‘is’ to end of line 3 and insert ‘made

available to people whose needs are not adequately served by the commercial housing

market.’.

Andrew Gwynne

329

Clause  69,  page  32,  line  12,  leave out subsection (3) and insert—

‘(3)
Condition 2 is that the accommodation is affordable for those on low incomes and

made available in accordance with rules for eligibility designed to give preference

to people who cannot afford to buy or rent at market rates whilst also promoting

mixed and sustainable communities.’.

Mr Iain Wright

170

Clause  69,  page  32,  line  13,  leave out ‘for eligibility’.

Mr Iain Wright

171

Clause  69,  page  32,  line  13,  leave out from ‘is’ to end of line 14 and insert ‘made

available to people whose needs are not adequately served by the commercial housing

Public Bill Committee: 22nd January 2008
266

Housing and Regeneration Bill, continued

market.’.

Mr Iain Wright

172

Clause  70,  page  32,  line  42,  leave out ‘shared’ and insert ‘home’.

Mr Iain Wright

173

Clause  74,  page  34,  line  6,  after ‘with’ insert ‘—

(a)
’.

Mr Iain Wright

174

Clause  74,  page  34,  line  6,  at end insert—

‘(b)
section 171D of the Housing Act 1985 (c. 68) (consent to certain

disposals of housing obtained subject to the preserved right to buy), or

(c)
section 81 or 133 of the Housing Act 1988 (c. 50) (consent to certain

disposals of housing obtained from housing action trusts or local

authorities).’.

Mr Iain Wright

175

Clause  74,  page  34,  line  6,  at end insert—

‘( )
Subsection (1) does not apply to a disposal in pursuance of shared ownership

arrangements or equity percentage arrangements.’.

Mr Iain Wright

176

Clause  75,  page  34,  line  13,  leave out ‘, which has ceased to be low cost rental

accommodation or low cost home ownership accommodation,’.

Mr Iain Wright

177

Clause  76,  page  34,  line  32,  at end insert—

‘( )
Exception 1A is accommodation made available only to students in full-time

education or training.’.