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| |
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| | (b) | future ease of adaptation to provide full access into and around the |
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| | dwelling and ease of use for wheelchair users; and |
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| | (c) | the capacity of the dwelling to meet the changing needs of any occupiers |
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| | within 6 months of the coming into force of this Act.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Disability Discrimination (Public Authorities) (Statutory Duties) |
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| | Regulations 2005 (S.I. 2966/2005) are amended as follows. |
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| | (2) | In Regulation 2(3)(d)(iii) for “Part I or V of Schedule 1” substitute “Part I, V or |
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| | |
| | (3) | After Regulation 2(6)(d) insert— |
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| | “(e) | in the case of a public authority listed in Part VI of Schedule 1, |
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| | |
| | (4) | After Part V of Schedule 1 insert the following new Part— |
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| | Authorities added by Housing and Regeneration Act 2008 |
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| | | The Homes and Communities Agency |
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| | | The Regulator of Social Housing.”.’. |
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| |
| | Choice-based disability housing register |
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| To move the following Clause:— |
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| | ‘(1) | The Housing Act 1996 is amended as follows. |
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| | (2) | After section 167(2E) insert— |
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| | “(2F) | Subject to subsection (2), the scheme shall contain provision for the |
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| | creation of a disability housing register consisting of— |
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| | (a) | a record of existing or planned accessible residential properties |
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| | in the local authority area, whether purpose built or adapted, with |
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| | details of the access features relating to each property and |
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| |
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| | location details and other residential properties which would |
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| | otherwise meet the particular requirements of disabled persons; |
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| | (b) | a record of disabled persons who require such properties; |
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| | (c) | a service of enabling and supporting disabled persons to bid for |
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| | properties so recorded and |
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| | (d) | a mechanism for ensuring such persons are accorded priority |
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| | status for such properties within the allocations process. |
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| | (2G) | For the purposes of this section— |
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| | “accessible residential properties” means dwellings, flats and houses in |
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| | multiple occupation in England and Wales which provide a reasonable |
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| | means of access in and around the property and ease of use for disabled |
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| | persons or which may easily be adapted to provide such access and ease |
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| | |
| | “residential properties which would otherwise meet the particular |
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| | requirements of disabled persons” means properties which would be |
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| | suitable, either in terms of their size, particular features or location, for |
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| | disabled persons who have disability-related requirements other than or |
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| | in addition to access requirements. |
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| | (2H) | This section is without prejudice to the right of disabled persons to bid |
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| | for properties other than those mentioned in subsections 2F and 2G |
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| | |
| | (2I) | In performing their duties under this section, each local housing authority |
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| | shall have regard to any guidance given from time to time by the |
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| | Possession action for rent arrears involving housing benefit |
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| To move the following Clause:— |
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| | ‘Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as |
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| | |
| | (1) | In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6) |
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| | |
| | (2) | In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6) |
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| | |
| | (3) | After subsection (6), insert— |
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| | “(6A) | If the court is satisfied— |
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| | (a) | that Ground 8 in Part 1 of Schedule 2 to this Act is established; |
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| | |
| | (b) | that some rent is in arrears as a consequence of a delay or failure |
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| | in the payment of relevant housing benefit, it shall not make an |
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| | order for possession unless it considers it reasonable to do so. |
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| | |
| | “(8) | In subsection (6A) above— |
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| |
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| | (a) | “relevant housing benefit” means— |
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| | (i) | any rent allowance or rent rebate to which the tenant was |
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| | entitled in respect of the rent under the Housing Benefit |
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| | Regulations 2006 (S.I. 2006/213); or |
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| | (ii) | any payment on account of any such entitlement |
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| | awarded under Regulation 93 of those Regulations; |
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| | (b) | references to delay or failure in the payment of relevant housing |
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| | benefit do not include such delay or failure so far as referable to |
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| | any wilful act or omission of the tenant.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may, by regulations made by statutory instrument, make |
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| | provision about licensing of park home owners. |
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| | (2) | Regulations made under subsection (1) shall include— |
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| | (a) | a requirement for park home owners to apply for a licence, and |
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| | (b) | a requirement for a proposed licence holder to be a fit and proper person |
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| | according to the tests set out in section 66 of the Housing Act 2004 (c.34). |
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| | (3) | In this section “park home owner” means— |
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| | (a) | any person defined as an “owner” under section 5 of the Mobile Homes |
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| | |
| | (b) | any other person (“A”) who enters into an agreement to entitle another |
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| | |
| | (i) | to station a mobile home, and |
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| | (ii) | to occupy the mobile home as B’s only and main residence on |
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| | |
| | (4) | Any instrument containing regulations under this section is subject to annulment |
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| | in pursuance of a resolution of either House of Parliament.’. |
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| To move the following Clause:— |
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| | ‘(1) | For section 82(2) of the Housing Act 1985 (secure tenancies), substitute the |
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| | “(2) | Where the court makes a possession order for possession of the dwelling- |
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| | house, the tenancy ends on the date on which the order for possession is |
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| | executed (unless the tenant gives up possession before that date).”. |
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| |
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| | (2) | After section 5(1) of the Housing Act 1988 (assured tenancies), insert the |
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| | |
| | “(1A) | Where the court makes a possession order for possession of the dwelling- |
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| | house, the tenancy ends on the date on which the order for possession is |
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| | executed (unless the tenant gives up possession before that date).”. |
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| | (3) | In section 7(7) of the Housing Act 1988 (assured tenancies), for the words “on the |
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| | day on which the order takes effect”, substitute “on the date on which the order |
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| | for possession is executed (unless the tenant gives up possession in before that |
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| | |
| | (4) | In section 127(3) of the Housing Act 1996 (introductory tenancies), for the words |
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| | “on the date on which the tenant is to give up possession in pursuance of the |
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| | order”, substitute “on the date on which the order for possession is executed |
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| | (unless the tenant gives up possession before that date)”. |
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| | (5) | In section 143D of the Housing Act 1996 (demoted tenancies), for the words “on |
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| | the date on which the tenant is to give up possession in pursuance of the order”, |
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| | substitute “on the date on which the order for possession is executed (unless the |
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| | tenant gives up possession before that date)”. |
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| | (6) | Where a possession order was made prior to the commencement of this Act in |
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| | respect of relevant tenancy with effect from the date of commencement, such |
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| | order is to be treated as if the amendments in this section had been enacted and in |
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| | full effect at the date of the order, provided that at commencement the tenant |
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| | continues to occupy the same premises as his only or principal home. |
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| | (7) | For the avoidance of doubt, in subsection (6) “tenant” includes a former tenant |
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| | under a relevant tenancy and where the tenant’s tenancy is revived in |
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| | consequence of this section, such revival shall have effect from the date of |
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| | commencement of this Act. |
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| | (8) | In this section a “relevant tenancy” is one of the tenancies referred to in |
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| | subsections (1) to (5) above. |
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| | (9) | For section 85(4) of the Housing Act 1985 and section 9(4) of the Housing Act |
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| | 1988 substitute the following— |
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| | | “Following a stay, suspension or postponement under subsection (2) |
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| | above, upon payment of all sums due under the order, the order shall be |
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| | discharged; and the court may at any other time, if it thinks fit, discharge |
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| | or rescind the order for possession.”’. |
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| |
| | Code of practice in the private rented sector |
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| To move the following Clause:— |
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| | ‘(1) | In section 87 of the Leasehold Reform, Housing and Urban Development Act |
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| | 1993, after subsection (1), insert— |
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| | “(1A) | The HCA may by order— |
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| | (a) | approve a code of practice (whether prepared by the HCA or any |
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| | other person) establishing standards of conduct and practice to |
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| | be followed with regard to the management of residential |
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| | property (other than property controlled or managed by the |
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| | bodies specified in paragraph 2 of Schedule 14 to the Housing |
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| | |
| | (b) | approve a modification of such a code; or |
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| | (c) | withdraw the HCA’s approval of such a code or modification.”. |
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| | (2) | After section 87 of the Leasehold Reform, Housing and Urban Development Act |
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| | 1993 (c. 28) (Codes of practice) insert— |
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| | “87A | Disputes over the application of codes of management practice |
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| | (1) | Any dispute concerning the application of any code of management |
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| | practice which has been approved under section 87 is to be resolved by |
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| | reference to the residential property tribunal. |
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| | (2) | The powers of the residential property tribunal in any dispute under |
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| | subsection (1) include, but are not limited to, the following— |
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| | (a) | requiring the lessor (or any person having control of or managing |
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| | the premises) to attend training courses in relation to any relevant |
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| | |
| | (b) | issuing guidance to the lessor (or any person having control of or |
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| | managing the premises) in relation to any relevant code of |
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| | |
| | (c) | revoking the status of the lessor or any person having control of |
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| | or managing the premises as a fit and proper person, as defined |
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| | |
| | (d) | transferring the management of the property to an accredited |
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| | |
| | (3) | For the purpose of subsection (2), the HCA may by regulations |
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| | |
| | (a) | the meaning of “any person having control or managing the |
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| | |
| | (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 |
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| | it applies in relation to dwellings let on leases, and references to leases |
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| | and lessors accordingly include references to licences and licensors. |
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| | 87B | Status as a fit and proper person |
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| | (1) | The HCA may by regulations make provision for lessors (or any person |
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| | having control of or managing residential property) to be treated as “a fit |
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| | |
| | (2) | Regulations under this section may prescribe how the status of being a fit |
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| | |
| | (a) | is applied for and awarded; |
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| | (b) | may be used in advertising; |
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| | (c) | may attract tax allowances; and |
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| | |
| | (3) | For the purpose of subsection (1), the HCA may by regulations prescribe |
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| | the definition of “any person having control or managing the premises’. |
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| |
| |
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| | (4) | This section applies in relation to dwellings let on licences to occupy as |
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| | it applies in relation to swellings let on leases, and references to leases |
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| | and lessors accordingly include references to licences and licensors.”’. |
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| |
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| To move the following Clause:— |
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| | ‘The Secretary of State may by order designate rural areas as exempt from the |
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| | |
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| | Implied term as to fitness for human habitation |
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| |
| |
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| To move the following Clause:— |
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| | ‘In section 8 of the Landlord and Tenant Act 1985, for subsections (3) and (4), |
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| | substitute the following— |
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| | ‘(3) | This section applies to a contract for the letting of a house for a term of |
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| | |
| | (4) | In determining whether the letting is one to which this section applies, the |
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| | provisions of section 13(2) shall apply.’. |
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| |
| | Right to buy: power for local authorities to vary discount levels |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | For section 129 of the Housing Act 1985 there shall be substituted: |
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| | |
| | (1) | Subject to the following provisions of this Part, a landlord authority may |
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| | determine that a person exercising the right to buy shall be entitled to a |
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| | discount in the purchase price of such amount as the authority may |
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| | |
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| |
| |
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| | (2) | For the purposes of subsection (1), a landlord authority shall by |
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| | resolution prescribe the amounts of any such discount. |
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| | (3) | Any discount so prescibed by the authority shall be calculated or set by |
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| | reference to the period which is to be taken into account in accordance |
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| | with Schedule 4 (qualifying period for right to buy and discount). |
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| | (4) | A resolution in accordance with subsection (2) may make different |
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| | provision with respect to different cases or descriptions of properties. |
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| | (5) | The Secretary of State may by order provide that, in such cases as may |
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| | be specified in the order, the maximum discount which may be permitted |
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| | by a landlord authority under subsection (2). |
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| | (6) | An order under subsection (4) may make different provision with respect |
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| | to different authorities or regions, or with respect to different cases or |
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| | descriptions of properties. |
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| | (7) | If a landlord authority decides not to exercise its power under subsection |
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| | (1), nothing in this section shall require it to do so.’. |
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| |
| new schedulE relating to part 3 |
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| | |
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| To move the following Schedule:— |
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| |
| | |
| | |
| | 1 | Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy: |
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| | final demolition notices) is amended as follows. |
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| | 2 (1) | Paragraph 13 (final demolition notices) is amended as follows. |
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| | (2) | In sub-paragraph (5) (period of validity of final demolition notices)— |
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| | (a) | omit the “and” following paragraph (a), |
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| | (b) | in paragraph (b) for “(7)” substitute “(7A)”, and |
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| | (c) | after paragraph (b) insert “and |
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| | (c) | the provisions of paragraph 15A.” |
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| | (3) | In sub-paragraph (9) (certain references to landlord to include superior |
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| | landlord) after “15” insert “(other than paragraph 15(7A)”. |
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| | 3 (1) | Paragraph 15 (extension or revocation etc. of final demolition notices) is |
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| | |
| | (2) | After sub-paragraph (7) (revocation notices) insert— |
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| | “(7A) | Sub-paragraphs (4) to (7) do not apply if the landlord is selling or |
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| | otherwise transferring his interest as landlord to another person or |
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| | is offering it for sale or for other transfer.” |
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| | (3) | In sub-paragraph (8) (restrictions on service of further notices)— |
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|