House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 22nd January 2008
39

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

Not selected  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

Withdrawn  nc17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 Proceedings: 22nd January 2008
40

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.”’.

Exempt areas

Lembit Öpik

Andrew George

Withdrawn  NC20

To move the following Clause:—

‘The Secretary of State may by order designate rural areas as exempt from the

right to buy.’.

[Adjourned till Thursday at 9.00 a.m.