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| |
| |
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| | (4) | Before making an order under sub-paragraph (2) the appropriate |
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| | national authority must take such steps as it considers to be reasonable |
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| | to consult those likely to be affected by the order. |
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| | (5) | In any proceedings the court may, if it considers that it is just and |
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| | equitable to do so, treat a lease as meeting the conditions mentioned in |
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| | paragraph 3(2) despite the fact that the condition mentioned in |
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| | paragraph 3(2)(g) is not met. |
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| | (6) | An order under this paragraph may contain such incidental, |
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| | supplementary, transitory, transitional or saving provisions as the |
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| | appropriate national authority considers appropriate. |
|
| | |
| | “appropriate national authority” means— |
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| | (a) | in relation to England, the Secretary of State; and |
|
| | (b) | in relation to Wales, the Welsh Ministers; and |
|
| | “shared ownership arrangements” has the same meaning as in section |
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| | 69 of the Housing and Regeneration Act 2008. |
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| | (8) | An instrument containing— |
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| | (a) | an order of the Secretary of State under this paragraph is |
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| | subject to annulment in pursuance of a resolution of either |
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| | |
| | (b) | an order of the Welsh Ministers under this paragraph is |
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| | subject to annulment in pursuance of a resolution of the |
|
| | National Assembly for Wales.”’. |
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| |
| | Exclusion of the right to buy: demolition notices |
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| |
| | |
| To move the following Clause:— |
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| | ‘Schedule (Demolition notices) (which makes provision about demolition |
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| | |
| |
| | Former right to buy and other flats: equity share purchases |
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| |
| | |
| To move the following Clause:— |
|
| | ‘After section 450C of the Housing Act 1985 (c. 68) (loans in respect of service |
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| | |
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| |
| |
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| | “Other financial assistance in respect of service charges |
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| | 450D | Purchase of equitable interests |
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| | (1) | The appropriate national authority may by regulations provide that |
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| | |
| | (a) | a housing authority is the landlord of a flat under a long lease |
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| | granted or assigned by the housing authority or another housing |
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| | |
| | (b) | the tenant is liable under the terms of the lease to pay service |
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| | charges in respect of repairs or improvements (whether to the |
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| | flat, the building in which it is situated or any other building or |
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| | |
| | | the landlord may, with the agreement of the tenant and in such |
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| | circumstances as may be prescribed, purchase an equitable interest in the |
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| | flat for the purpose of assisting the tenant to meet some or all of the |
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| | |
| | (2) | Regulations under this section shall ensure that the purchase price is to |
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| | be met by the landlord reducing or (as the case may be) cancelling the |
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| | service charge payable to the landlord by the tenant to such extent as |
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| | corresponds to the amount concerned. |
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| | (3) | Regulations under this section may, in particular— |
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| | (a) | provide that the power to purchase an equitable interest does not |
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| | arise in the case of particular descriptions of landlord; |
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| | (b) | make provision about calculating the purchase price (including |
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| | provision about any discounts and about imposing charges for |
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| | the services of district valuers); |
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| | |
| | (i) | the tenant to be liable for the administrative expenses of |
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| | the landlord in connection with the purchase; |
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| | (ii) | such expenses not to exceed such amount (if any) as may |
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| | be specified in the regulations; |
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| | (iii) | the purchase price to include, at the option of the |
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| | purchaser, a deduction for such expenses; |
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| | (d) | provide for an alteration, as a result of the purchase of the |
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| | equitable interest, in the liability of the tenant for future service |
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| | charges or improvement contributions. |
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| | (4) | Regulations under this section may not contain provision for cases where |
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| | the Secretary of State or the Welsh Ministers are the landlord unless the |
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| | Welsh Ministers are the landlord— |
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| | (a) | as the result of the exercise by them of functions under Part 3 of |
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| | the Housing Associations Act 1985; or |
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| | |
| | (i) | the exercise by the former National Assembly for Wales, |
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| | the Secretary of State, Housing for Wales or the Housing |
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| | Corporation of functions under Part 3 of the Act of 1985; |
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| | |
| | (ii) | the transfer of the flat to the Welsh Ministers by virtue |
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| | of paragraph 39 of Schedule 11 to the Government of |
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| | |
| | (5) | For the purposes of this section a long lease granted or assigned by— |
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|
|
| |
| |
|
| | (a) | the Welsh Ministers, or |
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| | (b) | in a case falling within subsection (4)(b), the former National |
|
| | Assembly for Wales, the Secretary of State, Housing for Wales |
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| | or the Housing Corporation, |
|
| | | shall be taken to have been granted or assigned by a housing authority if |
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| | (but only if) the person concerned granted or assigned it in exercise of its |
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| | powers under section 90 of the Housing Associations Act 1985. |
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| | (6) | This section does not affect any other power of the landlord to purchase |
|
| | an equitable interest in the flat for the purpose of assisting the tenant to |
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| | meet some or all of the service charge payments. |
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| | (7) | Regulations under this section may apply whenever the lease concerned |
|
| | was granted or assigned and whenever the service charge concerned |
|
| | |
| | (8) | Regulations under this section— |
|
| | (a) | are to be made by statutory instrument; |
|
| | (b) | may make different provision for different cases or descriptions |
|
| | of case including different provision for different areas; |
|
| | (c) | may contain such incidental, supplementary and transitional |
|
| | provisions as the appropriate national authority considers |
|
| | |
| | (9) | An instrument containing regulations made under this section— |
|
| | (a) | by the Secretary of State is subject to annulment in pursuance of |
|
| | a resolution of either House of Parliament; |
|
| | (b) | by the Welsh Ministers is subject to annulment in pursuance of a |
|
| | resolution of the National Assembly for Wales. |
|
| | |
| | “appropriate national authority” means— |
|
| | (a) | in relation to England, the Secretary of State; and |
|
| | (b) | in relation to Wales, the Welsh Ministers; |
|
| | “former National Assembly for Wales” means the Assembly constituted by |
|
| | the Government of Wales Act 1998; |
|
| | “housing authority” includes— |
|
| | (a) | any registered provider of social housing other than a co- |
|
| | operative housing association; |
|
| | (b) | any registered social landlord other than a co-operative housing |
|
| | |
| | (c) | any co-operative housing association which is not— |
|
| | (i) | a registered provider of social housing; or |
|
| | (ii) | a registered social landlord; |
|
| | “improvement contribution” has the same meaning as in Part 5 (see section |
|
| | |
| | “repairs” includes works for making good a structural defect.”’. |
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| |
|
|
| |
| |
|
| | Amendments to Housing Act 1985 relating to lending institutions |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 622(1) of the Housing Act 1985 (c. 68) (minor definitions: general)— |
|
| | (a) | in the definition of “authorised deposit taker”, in paragraph (b), for |
|
| | “12(1)” substitute “12”, and |
|
| | (b) | in the definition of “authorised insurer”, in paragraph (b), for “12(1)” |
|
| | |
| |
| | Abolition of home information packs |
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| |
| |
| |
| |
| |
| |
| | Second reading negatived on division nc5 |
|
| To move the following Clause:— |
|
| | ‘(1) | Sections 148 to 170 of the Housing Act 2004 (c. 34) are hereby repealed. |
|
| | (2) | A person who is selling a residential property must supply the purchaser with |
|
| | information about the energy efficiency of the property. |
|
| | (3) | The Secretary of State may make regulations prescribing the particular |
|
| | information which is required or authorised to be included in, or which is to be |
|
| | excluded from, such energy efficiency information and all other incidental |
|
| | matters relating thereto.’. |
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| |
| | Rough Sleepers Steering Group |
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| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State shall, within six months of the coming into force of this |
|
| | Act, establish a body (“the Steering Group”) to review the services provided to |
|
| | rough sleepers in England and draw up an action plan to provide adequate hostel |
|
| | and permanent accommodation. |
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|
|
| |
| |
|
| | (2) | The membership of the Steering Group shall include an equal number of |
|
| | members from central government, local government, registered providers of |
|
| | social housing and other relevant charitable organisations, with an independent |
|
| | |
| | (3) | The Steering Group shall make recommendations within six months of its |
|
| | establishment in respect of the matters referred to in subsection (1).’. |
|
| |
| | Right to buy for tenants of registered providers of social housing |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A tenant of a registered provider of social housing has the right to buy the |
|
| | dwelling of which he is a tenant if— |
|
| | (a) | he is a tenant under an assured tenancy, other than an assured shorthold |
|
| | tenancy or a long tenancy, and |
|
| | (b) | he satisfies any further qualifying conditions applicable under Part V of |
|
| | |
| | (2) | The Secretary of State shall, within six months of the commencement of this Act, |
|
| | introduce regulations in respect of the right to buy for registered providers of |
|
| | |
| | (3) | Regulations introduced under subsection (2) shall include provision to ensure that |
|
| | the proceeds of disposal are allocated to the provision of further social housing. |
|
| | (4) | Before making such regulations the Secretary of State shall consult with such |
|
| | bodies as appear to the Secretary of State to be representative of registered |
|
| | providers of social housing.’. |
|
| |
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The Secretary of State shall amend Part M of Schedule 1 to the Building |
|
| | Regulations 2000 (access to and use of buildings) to ensure that all new dwellings |
|
| | of whatever type or tenure meet enhanced minimum standards in relation to— |
|
| | (a) | the provision of a reasonable means of access into and around the |
|
| | dwelling and ease of use, without modification, by the widest possible |
|
| | range of individuals (including disabled persons); |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | within 6 months of the coming into force of this Act.’. |
|
| |
| | |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (3) | After Regulation 2(6)(d) insert— |
|
| | “(e) | in the case of a public authority listed in Part VI of Schedule 1, |
|
| | |
| | (4) | After Part V of Schedule 1 insert the following new Part— |
|
| | |
| | Authorities added by Housing and Regeneration Act 2008 |
|
| | | The Homes and Communities Agency |
|
| | | The Regulator of Social Housing.”.’. |
|
| |
| | Choice-based disability housing register |
|
| |
| |
| |
| | |
| 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 |
|
|
|
| |
| |
|
| | 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 |
|
| | |
| | “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 |
|
| | |
| | (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 |
|
| | |
| |
| | Possession action for rent arrears involving housing benefit |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as |
|
| | |
| | (1) | In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6) |
|
| | |
| | (2) | In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6) |
|
| | |
| | (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; |
|
| | |
| | (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. |
|
| | |
| | “(8) | In subsection (6A) above— |
|
|