Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
110

277
Powers to extend Chapter
(1)
The appropriate national authority may by regulations provide for this
Chapter to apply, with or without prescribed modifications, to—
(a)
buildings which are not residential properties, or
(b)
prescribed descriptions of buildings falling within paragraph (a),
5

as it applies to residential properties.
(2)
The appropriate national authority may by regulations provide for this
Chapter to apply, with or without prescribed modifications, to—
(a)
newly converted residential properties,
(b)
newly converted buildings which are not residential properties, or
10
(c)
prescribed descriptions of residential properties falling within
paragraph (a) or buildings falling within paragraph (b),

as it applies to new residential properties.
(3)
For the purposes of this Chapter a residential property or other building is
newly converted if—
15
(a)
it has been converted but has never been used for its intended purpose,
(b)
it is being converted, or
(c)
its conversion is being designed.
(4)
The appropriate national authority may by regulations provide for
circumstances in which a residential property or other building is to be treated
20
as having been converted.
(5)
The references in subsections (1)(a) and (b), (2)(b) and (c) and (3) and (4) to
buildings include references to—
(a)
ancillary land, and
(b)
buildings and ancillary land which are being designed or constructed
25
or are to be constructed.
(6)
The appropriate national authority may by regulations amend the definition of
“purchaser” in section 278(1).
(7)
Regulations under subsection (6)—
(a)
must ensure that the descriptions of persons falling within the
30
definition on the passing of this Act continue to fall within the
definition (but this is without prejudice to the power to amend the text
of the definition), and
(b)
may, in particular, ensure that descriptions of persons who are taking
steps with a view to deciding whether to purchase residential
35
properties are included within the definition.
278
Chapter 1: interpretation etc.
(1)
In this Chapter—
“ancillary land”, in relation to a building, means any land intended to be
occupied and enjoyed together with the building,
40
“appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Welsh Ministers,
“building” includes part of a building,
“modifications” includes omissions,
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Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
111

“purchase”, in relation to a residential property, means acquire, or agree
to acquire, by way of purchase a relevant interest in the property,
“purchaser”, in relation to a residential property, means a person who
has—
(a)
made an offer to purchase it, or
5
(b)
purchased it,
“prescribed” means prescribed by regulations made by the appropriate
national authority,
“relevant interest”, in relation to a residential property, means—
(a)
the freehold interest in the property,
10
(b)
such leasehold interests as may be prescribed, or
(c)
an option to acquire the freehold interest or any such prescribed
leasehold interest,
“residential property” means a building which is, or is intended to be,
occupied as a separate dwelling (including one that is being designed
15
or constructed or is to be constructed) and includes any ancillary land,
but it does not include a newly converted residential property,
“sell”, in relation to a residential property, means—
(a)
dispose, or agree to dispose, by way of sale of a relevant interest
in the property, or
20
(b)
offer such an interest for sale,
“sustainability”, in relation to residential properties, is to be read in
accordance with section 266.
(2)
Any reference in subsection (1) or (5) to the disposal of a relevant interest
includes a reference to the creation of such an interest.
25
(3)
For the purposes of this Chapter a person who is selling a residential property
is to be treated as selling it as a new property if, at the time in question—
(a)
the property is being designed,
(b)
the property is being constructed, or
(c)
the construction of the property has been finished but the property has
30
never been occupied as a dwelling.
(4)
For the purposes of this Chapter, the construction of a residential property is
to be treated as finished if the property—
(a)
is wind and weather proof,
(b)
is safe and sanitary for any occupiers or visitors,
35
(c)
has facilities for the supply of space heating, hot and cold water and
electricity,
(d)
has washing and drainage facilities, and
(e)
meets any other prescribed requirements.
(5)
For the purposes of this Chapter a sale is agreed—
40
(a)
in the case of a legally binding agreement to dispose by way of sale,
when the agreement is entered into, and
(b)
in the absence of such an agreement, when the disposal is made.
(6)
Any requirement imposed by virtue of section 265 to supply a certificate or
statement—
45
(a)
may be met by supplying a copy of the certificate or statement, and

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
112

(b)
may be met by supplying the certificate or statement (or copy) in
electronic form if the intended recipient consents to receiving it in that
form.
(7)
For the purposes of this Chapter a certificate, statement or copy supplied in
electronic form is only to be treated as being received if the recipient is readily
5
able (using equipment available to the recipient)—
(a)
to view the document in a form that is legible, and
(b)
to produce hard copies of it in a legible form.
(8)
The sale or purchase of a residential property is not invalid merely because of
a failure to comply with any requirement imposed by virtue of this Chapter.
10
279
Index of defined expressions: Chapter 1
In this Chapter, the expressions listed in the left-hand column have the
meaning given by, or are to be interpreted in accordance with, the provisions
listed in the right-hand column.

Expression
Provision

15

Agreed (in relation to a sale)
Section 278(5)

Ancillary land
Section 278(1)

Appropriate national authority
Section 278(1)

Building
Section 278(1)

Enforcement authority
Section 269(1)

20

Finished (in relation to construction of residential property)
Section 278(4)

Interim certificate
Section 265(11)

Modifications
Section 278(1)

Newly converted
Section 277(3)

Prescribed
Section 278(1)

25

Purchase
Section 278(1)

Purchaser
Section 278(1)

Relevant interest
Section 278(1)

Residential property
Section 278(1)

Sell
Section 278(1)

30

Sell as new property
Section 278(3)

Supply (in relation to certificates or statements)
Section 278(6) and (7)

Sustainability
Section 266

Sustainability certificate
Section 265(11)

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
113

Chapter 2
Landlord and tenant matters
Tenant empowerment
280
Ballots before certain disposals to private landlords
(1)
Schedule 3A to the Housing Act 1985 (c. 68) (consultation before disposal to
5
private sector landlord) is amended as follows.
(2)
After paragraph 3(3) insert—
    “(4)
When the period specified in sub-paragraph (3)(b) has expired the
authority shall arrange a ballot of the tenants in accordance with sub-
paragraph (5) to establish whether or not the tenants wish the
10
disposal to proceed.
      (5)
The authority shall—
(a)
make arrangements for such person as they consider
appropriate to conduct the ballot in such manner as that
person considers appropriate; or
15
(b)
conduct the ballot themselves.
      (6)
After the ballot has been held the authority shall serve a notice on
each tenant (whether or not he voted in the ballot) informing him—
(a)
of the ballot result; and
(b)
if the authority intend to proceed with the disposal, that he
20
may within 28 days after the service of the notice make
representations to the Secretary of State or (as the case may
be) the Welsh Ministers.”
(3)
In paragraph 5(1)—
(a)
for “it appears to him” substitute “the result of a ballot arranged under
25
paragraph 3(4) shows”, and
(b)
after “relates” insert “who voted in the ballot”.
(4)
Subsections (2) and (3) do not apply to consultations begun before the coming
into force of those subsections.
(5)
For the purposes of subsection (4) a consultation has begun when a notice has
30
been served under paragraph 3(2) of Schedule 3A to the Act of 1985.
281
Management agreements: extending requirements to co-operate
(1)
Section 27AB of the Housing Act 1985 (management agreements with tenant
management organisations) is amended as follows.
(2)
In subsection (2), after paragraph (b), insert—
35
“(ba)
to provide to the organisation such information or descriptions
of information, in connection with the proposal, as may be
prescribed in the regulations;
(bb)
to take, in circumstances prescribed in the regulations, such
other steps as may be so prescribed to co-operate with the
40
organisation in connection with the proposal;”.

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
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(3)
In subsection (4)—
(a)
in paragraph (a) after “authority” insert “or the person making the
regulations”,
(b)
after paragraph (b), insert—
“(ba)
setting time-limits for the carrying out of requirements
5
under the regulations;”, and
(c)
in paragraph (c) after “guidance” insert “or directions”.
282
Requirements to co-operate in relation to certain disposals of land
After section 34 of the Housing Act 1985 (c. 68) (consents in relation to
disposals of land held for housing purposes) insert—
10
“34A
Requirements to co-operate in relation to certain disposals
(1)
The appropriate person may make regulations for imposing
requirements on a local housing authority in any case where a tenant
group serves written notice on the authority proposing that the
authority should dispose of particular land held by them for the
15
purposes of this Part, or a particular description of such land, to a
relevant housing provider.
(2)
The regulations may make provision requiring the authority—
(a)
to provide, or finance the provision of, such office
accommodation and facilities, and such training, as the tenant
20
group reasonably requires for the purpose of pursuing the
proposal;
(b)
to arrange for such feasibility studies with respect to the
proposal as may be determined by or under the regulations to
be conducted by such persons as may be so determined;
25
(c)
to provide to the tenant group such information or descriptions
of information, in connection with the proposal, as may be
prescribed in the regulations;
(d)
to take, in circumstances prescribed in the regulations, such
other steps as may be so prescribed to co-operate with the
30
tenant group in connection with the proposal;
(e)
to arrange for such ballots or polls with respect to the proposal
as may be determined by or under the regulations to be
conducted by such persons as may be so determined; and
(f)
in such circumstances as may be prescribed by the regulations,
35
to enter into an agreement for the disposal.
(3)
The regulations may make provision—
(a)
for determining the houses and other land to which the disposal
should relate, and the amounts which should be paid in respect
of the disposal;
40
(b)
requiring the agreement for the disposal to be in such form as
may be approved by the appropriate person and to contain such
provisions as may be prescribed by the regulations.
(4)
The regulations may make such procedural, incidental, supplementary
and transitional provisions as may appear to the appropriate person
45
necessary or expedient, and may in particular make provision—

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
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(a)
for particular questions arising under the regulations to be
determined by the authority or the appropriate person;
(b)
setting time-limits for the carrying out of requirements under
the regulations;
(c)
requiring any person exercising functions under the regulations
5
to act in accordance with any guidance or directions given by
the appropriate person.
(5)
Nothing in subsections (2) to (4) is to be taken as prejudicing the
generality of subsection (1).
(6)
This section does not affect any requirement under section 32 or 33 for
10
the consent of the Secretary of State or the Welsh Ministers.
(7)
Regulations under this section—
(a)
may make different provision with respect to different cases or
descriptions of case, including different provision for different
areas; and
15
(b)
are to be made by statutory instrument which—
(i)
in the case of an instrument made by the Secretary of
State, is subject to annulment in pursuance of a
resolution of either House of Parliament; and
(ii)
in the case of an instrument made by the Welsh
20
Ministers, is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(8)
In this section—
“appropriate person” means—
(a)
in relation to England, the Secretary of State; and
25
(b)
in relation to Wales, the Welsh Ministers;
“relevant housing provider” means—
(a)
in relation to England, a registered provider of social
housing; and
(b)
in relation to Wales, a registered social landlord (within
30
the meaning of Part 1 of the Housing Act 1996); and
“tenant group” means a body or other person which satisfies such
conditions as may be determined by or under the regulations.”
Family intervention tenancies
283
Family intervention tenancies: general
35
(1)
In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure
tenancies) after paragraph 4 insert—
“Family intervention tenancies
4ZA   (1)
A tenancy is not a secure tenancy if it is a family intervention
tenancy.
40
      (2)
But a tenancy mentioned in sub-paragraph (1) becomes a secure
tenancy if the landlord notifies the tenant that it is to be regarded as
a secure tenancy.

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Chapter 2 — Landlord and tenant matters
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      (3)
In this paragraph “a family intervention tenancy” means, subject to
sub-paragraph (4), a tenancy granted by a local housing authority in
respect of a dwelling-house—
(a)
to a person (“the new tenant”) against whom a possession
order under section 84 in respect of another dwelling-
5
house—
(i)
has been made, in relation to a secure tenancy, on
ground 2 or 2A of Part 1 of Schedule 2;
(ii)
could, in the opinion of the authority, have been so
made in relation to such a tenancy; or
10
(iii)
could, in the opinion of the authority, have been so
made if the person had had such a tenancy; and
(b)
for the purposes of the provision of behaviour support
services.
      (4)
A tenancy is not a family intervention tenancy for the purposes of
15
this paragraph if the local housing authority has failed to serve a
notice under sub-paragraph (5) on the new tenant before the new
tenant entered into the tenancy.
      (5)
A notice under this sub-paragraph is a notice stating—
(a)
the reasons for offering the tenancy to the new tenant;
20
(b)
the dwelling-house in respect of which the tenancy is to be
granted;
(c)
the other main terms of the tenancy (including any
requirements on the new tenant in respect of behaviour
support services);
25
(d)
the security of tenure available under the tenancy and any
loss of security of tenure which is likely to result from the
tenant agreeing to enter into the tenancy;
(e)
that the new tenant is not obliged to enter into the tenancy or
to surrender any existing tenancy or possession of a
30
dwelling-house;
(f)
any likely action by the local housing authority if the new
tenant does not enter into the tenancy or surrender any
existing tenancy or possession of a dwelling-house.
      (6)
The appropriate national authority may by regulations made by
35
statutory instrument amend sub-paragraph (5).
      (7)
A notice under sub-paragraph (5) must contain advice to the new
tenant as to how the new tenant may be able to obtain assistance in
relation to the notice.
      (8)
The appropriate national authority may by regulations made by
40
statutory instrument make provision about the type of advice to be
provided in such notices.
      (9)
Regulations under this paragraph may contain such transitional,
transitory or saving provision as the appropriate national authority
considers appropriate.
45
     (10)
A statutory instrument containing regulations made under this
paragraph—