House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 15th January 2008                

126

 

Housing and Regeneration Bill, continued

 
 

(b)    

future ease of adaptation to provide full access into and around the

 

dwelling and ease of use for wheelchair users; and

 

(c)    

the capacity of the dwelling to meet the changing needs of any occupiers

 

over their lifetime;

 

within 6 months of the coming into force of this Act.’.

 


 

Disability equality duty

 

Sir George Young

 

Lembit Öpik

 

Andrew George

 

nc10

 

To move the following Clause:—

 

‘(1)    

The Disability Discrimination (Public Authorities) (Statutory Duties)

 

Regulations 2005 (S.I. 2966/2005) are amended as follows.

 

(2)    

In Regulation 2(3)(d)(iii) for “Part I or V of Schedule 1” substitute “Part I, V or

 

VI of Schedule 1”.

 

(3)    

After Regulation 2(6)(d) insert—

 

“(e)    

in the case of a public authority listed in Part VI of Schedule 1,

 

1st December 2009”.

 

(4)    

After Part V of Schedule 1 insert the following new Part—

 

“Part VI

 

Authorities added by Housing and Regeneration Act 2008

 

    

The Homes and Communities Agency

 

    

The Regulator of Social Housing.”.’.

 


 

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


 
 

Public Bill Committee: 15th January 2008                

127

 

Housing and Regeneration Bill, continued

 
 

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.

 

(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—


 
 

Public Bill Committee: 15th January 2008                

128

 

Housing and Regeneration Bill, continued

 
 

(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.

 

(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).”.


 
 

Public Bill Committee: 15th January 2008                

129

 

Housing and Regeneration Bill, continued

 
 

(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

 

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


 
 

Public Bill Committee: 15th January 2008                

130

 

Housing and Regeneration Bill, continued

 
 

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”.

 

(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’.


 
 

Public Bill Committee: 15th January 2008                

131

 

Housing and Regeneration Bill, continued

 
 

(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.

 

(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.


 
 

Public Bill Committee: 15th January 2008                

132

 

Housing and Regeneration Bill, continued

 
 

(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.’.

 


 

new schedulE relating to part 3

 

Mr Iain Wright

 

NS1

 

Parliamentary Star    

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)—


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 15 January 2008