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 2 — Landlord and tenant matters
117

(a)
by the Secretary of State is subject to annulment in pursuance
of a resolution of either House of Parliament; and
(b)
by the Welsh Ministers is subject to annulment in pursuance
of a resolution of the National Assembly for Wales.
     (11)
In this paragraph—
5
“appropriate national authority”—
(a)
in relation to England, means the Secretary of State;
and
(b)
in relation to Wales, means the Welsh Ministers;
“behaviour support services” means support services to be
10
provided by any person to—
(a)
the new tenant; or
(b)
any person who is to reside with the new tenant;
for the purpose of preventing the kind of behaviour which
led to the new tenant falling within sub-paragraph (3)(a);
15
“family intervention tenancy” has the meaning given by sub-
paragraph (3);
“the new tenant” has the meaning given by sub-paragraph
(3)(a).”
(2)
In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot
20
be assured tenancies) after paragraph 12 insert—
“Family intervention tenancies
12ZA  (1)
A family intervention tenancy.
      (2)
But a family intervention tenancy becomes an assured tenancy if the
landlord notifies the tenant that it is to be regarded as an assured
25
tenancy.
      (3)
In this paragraph “a family intervention tenancy” means, subject to
sub-paragraph (4), a tenancy granted by a registered provider of
social housing or a registered social landlord (“the landlord”) in
respect of a dwelling-house—
30
(a)
to a person (“the new tenant”) against whom a possession
order under section 7 in respect of another dwelling-house—
(i)
has been made, in relation to an assured tenancy, on
ground 14 or 14A of Part 2 of Schedule 2;
(ii)
could, in the opinion of the landlord, have been so
35
made in relation to such a tenancy; or
(iii)
could, in the opinion of the landlord, have been so
made if the person had had such a tenancy; and
(b)
for the purposes of the provision of behaviour support
services.
40
      (4)
A tenancy is not a family intervention tenancy for the purposes of
this paragraph if the landlord 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—
45
(a)
the reasons for offering the tenancy to the new tenant;

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
118

(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);
5
(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
10
dwelling-house;
(f)
any likely action by the landlord 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
15
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
20
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.
25
     (10)
A statutory instrument containing regulations made under this
paragraph—
(a)
by the Secretary of State is subject to annulment in pursuance
of a resolution of either House of Parliament; and
(b)
by the Welsh Ministers is subject to annulment in pursuance
30
of a resolution of the National Assembly for Wales.
     (11)
In this paragraph—
“appropriate national authority”—
(a)
in relation to England, means the Secretary of State;
and
35
(b)
in relation to Wales, means the Welsh Ministers;
“behaviour support services” means support services to be
provided by any person to—
(a)
the new tenant; or
(b)
any person who is to reside with the new tenant;
40
for the purpose of preventing the kind of behaviour which
led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-
paragraph (3);
“landlord” has the meaning given by sub-paragraph (3);
45
“the new tenant” has the meaning given by sub-paragraph
(3)(a);

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
119

“registered social landlord” has the same meaning as in Part 1
of the Housing Act 1996.”
(3)
This section does not apply to any tenancy granted before the coming into force
of this section.
284
Certain family intervention tenancies: termination
5
(1)
A local housing authority must not serve a notice to quit on the tenant of a
family intervention tenancy unless—
(a)
the authority has served a notice under subsection (2) on the tenant,
and
(b)
either—
10
(i)
the tenant has not requested a review of the kind mentioned in
subsection (2)(e) within the period of 14 days beginning with
the service of the notice,
(ii)
any such request has been withdrawn, or
(iii)
the authority has served a notice on the tenant under subsection
15
(4)(b).
(2)
A notice under this subsection is a notice in writing stating—
(a)
that the authority has decided to serve a notice to quit on the tenant,
(b)
the effect of serving a notice to quit,
(c)
the reasons for the authority’s decision,
20
(d)
when the authority is intending to serve the notice to quit, and
(e)
that the tenant has the right to request, within the period of 14 days
beginning with the service of the notice under this subsection, a review
of the authority’s decision.
(3)
Subsection (4) applies if the tenant requests a review of the kind mentioned in
25
subsection (2)(e) within the period of 14 days beginning with the service of the
notice under subsection (2) and the request is not withdrawn.
(4)
The local housing authority must—
(a)
review its decision to serve a notice to quit on the tenant, and
(b)
serve a notice on the tenant informing the tenant of the decision of the
30
authority on the review and the reasons for it.
(5)
The appropriate national authority may by regulations make provision about
the procedure to be followed in connection with such a review.
(6)
Regulations under subsection (5) may, in particular—
(a)
specify the description of person who is to make the decision on a
35
review,
(b)
specify the circumstances in which the tenant is entitled to an oral
hearing on a review,
(c)
specify whether, and by whom, the tenant is entitled to be represented
at such a hearing.
40
(7)
A notice under subsection (2), and a notice to quit, served by a local housing
authority in respect of a family intervention tenancy must contain advice to the
tenant as to how the tenant may be able to obtain assistance in relation to the
notice.

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 2 — Landlord and tenant matters
120

(8)
The appropriate national authority may by regulations make provision about
the type of advice to be provided in such notices.
(9)
In this section—
“appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
5
(b)
in relation to Wales, the Welsh Ministers,
“family intervention tenancy” has the same meaning as in paragraph 4ZA
of Schedule 1 to the Housing Act 1985 (c. 68),
and other expressions used in this section and in paragraph 4ZA of that
Schedule have the same meaning as in that paragraph.
10
(10)
This section does not apply to any tenancy granted before the coming into force
of this section.
Leasehold enfranchisement
285
Right to acquire freehold: abolition of low rent test
(1)
In section 1(1) of the Leasehold Reform Act 1967 (c. 88) (right to
15
enfranchisement or extension of long leaseholds)—
(a)
in paragraph (a) omit “at a low rent”,
(b)
before “and” at the end of paragraph (a) insert—
“(aa)
in the case of a right to acquire an extended lease, his
long tenancy is a tenancy at a low rent;”, and
20
(c)
in paragraph (b) after “he has” insert “—
(i)
in the case of a right to acquire the freehold, been
tenant of the house under a long tenancy for the
last two years; and
(ii)
in the case of a right to acquire an extended
25
lease,”.
(2)
In that Act—
(a)
in section 1(1A) (excluded tenancies)—
(i)
for “subsection (1)(a) and (b)” substitute “subsection (1)”, and
(ii)
omit “at a low rent”, and
30
(b)
omit—
(i)
section 1A(2) (certain deemed low rent tenancies),
(ii)
section 1AA (additional right to enfranchisement where
tenancy not low rent tenancy), and
(iii)
section 4A (alternative rent limits for purposes of section 1A(2)).
35
286
Shared ownership leases: protection for certain limited equity leases
In paragraph 3(2)(f) of Schedule 4A to the Leasehold Reform Act 1967
(exclusion from enfranchisement for certain shared ownership leases granted
by housing associations: condition that lease provides for the tenant to acquire
the landlord’s interest)—
40
(a)
after “acquire” insert “all of”, and
(b)
after “prescribed” insert “or provides for the tenant to acquire some of
the landlord’s interest on terms specified in the lease and complying
with such requirements as may be prescribed”.