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| | For other Amendment(s) see the following page(s):
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| | Housing and Regeneration Bill Committee 39-49, 51-52, 53 and 55-57 |
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| | Housing and Regeneration Bill |
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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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| | | (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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| | Page 46, line 6, leave out Clause 113. |
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| | Clause 2, page 1, line 11, at end insert— |
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| | | ‘(aa) | to carry out, or provide for the carrying out of, regular assessments of the |
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| | | nature and scale of housing need in England,’. |
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| | Clause 2, page 2, line 2, after ‘subsection (1)—’, insert— |
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| | | ‘“housing need” includes the condition of those who are homeless and those |
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| | | who are housed in insecure, unsatisfactory or overcrowded |
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| | Clause 54, page 23, line 17, at end insert— |
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| | | ‘(3A) | The Secretary of State shall make provision for the continuation of the functions |
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| | | of the Commission for the New Towns in respect of workshops and industrial |
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| | | building, through the transfer of those functions to another authority.’. |
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| | Clause 86, page 38, line 23, at end insert— |
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| | | ‘(12A) | The regulator shall pursue these objectives in relation to landlords and their |
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| | | tenants in all cases where the tenants are in receipt of public funds.’. |
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| | Clause 10, page 4, line 30, leave out from ‘consideration’ to end of line 31 and |
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| | insert ‘where it will further one or more of the objects of the agency as defined in section |
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| | Clause 10, page 4, line 32, leave out lines 32 to 40. |
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| | Clause 86, page 38, line 11, leave out subsection (7). |
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| | Clause 173, page 68, line 3, leave out ‘as’ and insert ‘for the purpose of protecting |
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| | investment in social housing or protecting the interests of tenants and residents in social |
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| | housing . These standards may refer’ |
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| | Clause 173, page 68, leave out lines 22 and 23. |
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| | Clause 173, page 68, line 24, at end insert— |
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| | | ‘(3) | In setting standards the regulator shall have regard (among other matters) to |
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| | | landlords’ contribution to the environmental, social and economic well-being of |
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| | | the areas in which their property is situated.’. |
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| | Clause 173, page 68, line 3, after ‘may’ insert ‘, in accordance with subsection (2) |
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| | and subject to subsection (3),’. |
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| | Clause 173, page 68, line 8, leave out from ‘may’ to the end of line 8 and insert |
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| | Clause 173, page 68, line 24, at end insert— |
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| | | ‘(3) | No standard may be set that would require a registered provider to act in any way |
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| | | that is inconsistent with— |
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| | | (a) | its rules, memorandum and articles of association, or equivalent |
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| | | (b) | any legal or contractual commitment, including any loan covenant, for |
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| | | the time being binding upon it; or |
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| | | (c) | or if applicable, its status as a charity (whether or not it is registered as |
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| | Clause 174, page 68, line 27, at end insert— |
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| | | ‘(2) | In setting standards, the regulator shall have regard (among other matters) to |
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| | | providers’ contribution to the environmental, social and economic well-being of |
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| | | the areas in which their property is situated.’. |
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| | Clause 174, page 68, line 27, at end insert— |
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| | | ‘(2) | No standard may be set that would require a registered provider to act in any way |
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| | | that is inconistent with— |
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| | | (a) | its rules, memorandum and articles of association, or equivalent |
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| | | (b) | any legal or contractual commitment, including any loan covenant, for |
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| | | the time being binding upon it; or |
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| | | (c) | if applicable, its status as a charity (whether or not registered as such).’. |
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| | Clause 177, page 69, line 8, at end insert, ‘provided that any such directive is |
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| | consistent with the regulator’s fundamental objectives as defined in section 86’. |
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| | Clause 178, page 69, line 21, leave out subsection (1) and insert— |
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| | | ‘(1) | The regulator may exercise the powers in Chapters 6 or 7 in order to secure the |
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| | | proper management of the affairs of a registered provider. In considering whether |
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| | | mismanagement or misconduct has occurred, the regulator may have regard |
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| | | (among other matters) to the extent to which the standards are being or have been |
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| | Clause 35, page 15, line 13, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 15, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 19, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 21, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 25, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 27, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 30, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, line 32, leave out ‘low cost rental accommodation’ and insert |
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| | Clause 35, page 15, leave out line 38 and insert ‘“social housing” has the meaning |
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| | Page 48, line 4, leave out Clause 118 |
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| | Clause 111, page 45, line 28, at end insert— |
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| | | ‘(10) | If the regulator thinks that what |
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| | | (a) | is a non-profit organisation is considering becoming a profit-making |
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| | | (b) | was a non-profit organisation has become a profit-making organisation, |
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| | | | it shall remove the body from the register and direct it to reapply for registration, |
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| | | subject to section 114.’. |
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| | Clause 2, page 1, line 15, at end insert— |
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| | | ‘(ca) | to act, in cooperation with relevant local authorities as the strategy, |
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| | | planning and delivery vehicle for the London Thames Gateway. |
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| | | (cb) | to promote the right to buy and social homebuy in the developments it |
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| | | undertakes or facilitates.’. |
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| | To move the following Clause:— |
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| | | ‘Before exercising any of its powers the HCA shall— |
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| | | (a) | consult with, and have regard to the views of, relevant local authorities; |
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| | | (b) | have regard to the desirability of preserving gardens and urban green |
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| | | (c) | have regard to the desirability and practicality (in any particular case) of |
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| | | residential development forming part of any development for |
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| | | commercial purposes (adequately supported by suitable community, |
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| | | cultural and leisure facilities); |
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| | | (d) | undertake site-specific flood risk assessments before acquiring or |
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| | | disposing of housing or other land and ensure that any new development |
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| | | undertaken or procured by it is flood resilient and resistant, subject to a |
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| | | presumption against any development on flood zones adjacent to rivers, |
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| | | the sea and tidal sources; |
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| | | (e) | in this section “green space” means— |
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| | | (i) | land laid out as a public garden; |
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| | | (ii) | land used for the purposes of public creation; or |
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| | | (iii) | an area of open space which benefits wildlife or biodiversity’. |
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| | Clause 10, page 4, line 31, at end insert ‘provided that the Secretary of State takes |
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| | into account the wider benefit to the community where such disposal takes place’. |
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| | | Powers: regard to market conditions |
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| | To move the following Clause:— |
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| | | ‘In exercising its power to acquire or dispose of housing or other land the HCA |
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| | | shall have regard to market conditions’. |
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| | Clause 19, page 9, line 18, after ‘time’, insert ‘on notice as required in subsection |
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| | Clause 19, page 9, line 21, after ‘acquire’, insert ‘compulsorily’. |
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| | Clause 19, page 9, line 36, leave out subsections (5) to (7). |
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| | Clause 35, page 15, line 15, after ‘ensure’, insert ‘either’. |
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| | Clause 35, page 15, line 17, at end insert ‘or that a relevant provider of low cost |
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| | rental accommodation is the manager and another person is the landlord of the |
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| | Clause 35, page 15, line 21, after ‘condition’, insert ‘either’. |
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| | Clause 35, page 15, line 25, at end insert ‘or that a relevant provider of low cost |
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| | rental accommodation is the manager and another person is the landlord of the |
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