House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Report Stage Proceedings: 31st March 2008
293

Housing and Regeneration Bill, continued

(d)
to take, in circumstances prescribed in the regulations, such other steps

as may be so prescribed to co-operate with the 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, to enter

into a management agreement with the specified person.

(2)
The regulations may make provision—

(a)
for determining the affairs to which the agreement should relate, and the

amounts which should be paid in respect of the disposal;

(b)
requiring the agreement for the management agreement 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.

(3)
The regulations may make such procedural, incidental, supplementary and

transitional provisions as may appear to the appropriate person necessary or

expedient, and may in particular make provision—

(a)
for particular questions arising under the regulations to be determined by

the provider 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 to act in

accordance with any guidance or directions given by the appropriate

person.

(4)
Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of

subsection (1).

(5)
This section does not affect any requirement under sections 32 or 33 for the

consent of the Secretary of State or the Welsh Ministers.

(6)
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

(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 Ministers, is

subject to annulment in pursuance of a resolution of the National

Assembly for Wales.

(7)
In this section—

“appropriate person” means—

(c)
in relation to England, the Secretary of State; and

(d)
in relation to Wales, the Welsh Ministers;

“relevant housing provider” means—

(e)
in relation to England, a registered provider of social housing;

and

(f)
in relation to Wales, a registered social landlord (within 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.’.

Report Stage Proceedings: 31st March 2008
294

Housing and Regeneration Bill, continued

Management agreements: registered social landlords

Lembit Öpik

Andrew George

Simon Hughes

Not called  NC7

To move the following Clause:—

‘(1)
Part 1 of the Housing Act 1996 (social rented sector) is amended as follows.

(2)
After section 17 (right of tenant to acquire dwelling: supplementary provisions)

insert the following section—

“17A
Management agreements with tenant management organisations

(1)
The Secretary of State may make regulations for imposing requirements

on a registered social housing landlord in any case where a tenant

management organisation serves written notice on the provider

proposing that the registered social landlord should enter into a

management agreement with that organisation.

(2)
The provisions of section 27AB(1) to (8) of the Housing Act 1985

(management agreements with tenant management organisations) shall

apply in respect of regulations under this section as they do in respect of

regulations under that section.

(3)
In the application of the provisions of section 27AB(1) to (8) under

subsection (2), for the references to a local housing authority in those

subsections there shall be substituted references to a registered social

landlord.’.

Subsidy arrangements: formula and exclusions

Mr Austin Mitchell

Paul Holmes

Frank Dobson

Mr Michael Meacher

Jon Cruddas

Mr David Anderson

Negatived on division  NC8

To move the following Clause:—

‘(1)
In section 80 of the Local Government and Housing Act 1989 (c. 42) (calculation

of Housing Revenue Account subsidy) after subsection (3) insert—

“(3A)
In determining a formula for the purposes of this section for any year, the

Secretary of State shall take into account—

(a)
the resources required properly to manage, maintain and repair

houses and other properties within their respective Housing

Revenue Accounts,

(b)
research into these matters, and

(c)
the resources required to enable respective authorities to acquire,

rehabilitate and build new housing to be held within their

Report Stage Proceedings: 31st March 2008
295

Housing and Regeneration Bill, continued

Housing Revenue Accounts that contributes to meeting the need

for affordable housing within their respective areas.’.

Orders for possession

Sir George Young

Not called  NC9

To move the following Clause:—

‘Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as

follows—

(1)
In subsection (3), at the beginning of the subsection, add “Subject to subsection

(3A)”.

(2)
After subsection (3), add the following subsection—

“(3A)
Ground 8 in Part 1 of Schedule 2 shall not be used in possession

proceedings brought by registered providers of social housing, as defined

in section [79] of the Housing and Regeneration Act 2008.”.

(3)
In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6)

and (6A)”.

(4)
In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6)

and (6A)”.

(5)
After subsection (6), insert—

“(6A)
If the the court is satisfied—

(a)
that Ground 8 in Part 1 of Schedule 2 to this Act is established;

and

(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.”.

(6)
At end insert—

“(8)
In subsection (6A) above—

(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.”’.

Report Stage Proceedings: 31st March 2008
296

Housing and Regeneration Bill, continued

Water systems in social housing: safety standards

Mr Jeremy Browne

Andrew George

Lembit Öpik

Andrew George

Simon Hughes

Not called  NC10

To move the following Clause:—

‘(1)
Within twelve months of the commencement of this section, the regulator shall

undertake a review of safety standards for water systems in social housing,

including in particular standards for the storage and supply of hot water.

(2)
Within two months of completing any review under subsection (1), the regulator

shall submit a report of its findings to the Secretary of State.

(3)
The Secretary of State may make regulations regarding safety standards for water

systems in social housing based on the findings of any review completed by the

regulator under subsection (1).

(4)
Any instrument containing regulations under this section is subject to annulment

in pursuance of a resolution of either House of Parliament.’.

Sinking funds

Simon Hughes

Not called  NC29

To move the following Clause:—

‘(1)
The Secretary of State must, within 12 months of the date on which this Act is

passed, make regulations regarding the terms of leases granted by local

authorities for residential properties.

(2)
The regulations made under subsection (1) shall provide that all leases granted by

local authorities for residential properties shall be deemed to include provision for

tenants to make contributions to a sinking fund to be used to finance any proposed

works in relation to tenants’ properties.

(3)
Regulations made by the Secretary of State under this section shall be made by

statutory instrument.

(4)
A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Power to buy back a share of a property

Simon Hughes

Not called  NC30

To move the following Clause:—

‘(1)
The Secretary of State must, within 12 months of the date on which this Act is

passed, make regulations conferring duties and powers on local authority

Report Stage Proceedings: 31st March 2008
297

Housing and Regeneration Bill, continued

landlords to buy back, at the request of a residential tenant and after a specified

period from that tenant’s purchase of the lease, a proportion of the property

concerned.

(2)
The Secretary of State may, by order, specify—

(a)
the period referred to in subsection (1); and

(b)
the proportion referred to in subsection (1).

(3)
The Secretary of State may, by order, vary the amounts specified in any order

made under subsection (2).

(4)
Orders and regulations made by the Secretary of State under this section shall be

made by statutory instrument.

(5)
A statutory instrument containing an order or regulations under this section is

subject to annulment in pursuance of a resolution of either House of Parliament.’.

Involvement of tenants in decisions on works

Simon Hughes

Not called  NC31

To move the following Clause:—

‘(1)
The Landlord and Tenant Act 1985 (c. 70) is amended as follows.

(2)
In section 20ZA (consultation requirements: supplementary), for subsection (5)

substitute—

“(5)
Regulations under subsection (4) shall include provision—

(a)
requiring the landlord to give reasons in prescribed

circumstances for carrying out works;

(b)
requiring the landlord to provide details of proposed works,

including estimates of costs, to tenants or the recognised tenants’

association representing them;

(c)
requiring the landlord to invite residential tenants or the

recognised tenants’ association to propose the names of persons

from whom the landlord should try to obtain other estimates;

(d)
requiring the landlord to consult those tenants affected by the

proposed works on—

(i)
the specifications for any tenders issued in respect of the

proposed works, and

(ii)
all tenders received in respect of the proposed works;

(e)
to enable tenants or the recognised tenants’ association to

submit, within a specified period of time, a counter proposal in

respect of proposed works, specifying alternative provision of

the proposed works;

(f)
requiring the landlord to—

(i)
have regard to any observations made by tenants or the

recognised tenants’ association in relation to the

proposed works,

(ii)
hold a ballot of the tenants directly affected by the

proposed works on any counter-proposal that is

supported by 25 per cent. or more of those tenants

directly affected by the proposed works, and

Report Stage Proceedings: 31st March 2008
298

Housing and Regeneration Bill, continued

(iii)
adopt the counter-proposal if it is supported by a

majority of tenants directly affected by the proposed

works in the ballot;

(g)
requiring the landlord to make available for inspection by the

public at reasonable times and for a period of 10 years from

initial publication—

(i)
details of any proposed works and any responses to

consultations on such works,

(ii)
any counter-proposals that are supported by more than

25 per cent. of tenants directly affected by the proposed

works, and

(iii)
any requests to a residential property tribunal service for

adjudication and details of the consequent decisions;

(h)
in cases of dispute, for a leasehold valuation tribunal or other

independent arbitration tribunal to make a determination in

respect of proposed works or agreements upon application by a

landlord, residential tenant or the recognised tenants

association.”.

(3)
In section 19 (limitation of service charges: reasonableness), after subsection (3)

insert—

“(3A)
If the relevant contribution of any residential tenant in any 12 months

period exceeds £12,000, arrangements must be made by the landlord for

such tenants to pay that contribution in monthly instalments not

exceeding £250 for that period.”.’.

Definition of ‘community land trust’

Mr Stewart Jackson

Grant Shapps

Mr Nick Hurd

Lembit Öpik

Andrew George

Simon Hughes

Negatived on division  NC32

To move the following Clause:—

‘“Community land trust” means a non-profit organisation which is an industrial

and provident society, a company limited by guarantee or other incorporated

body whose governing instrument contains provisions to the following effect—

(a)
the primary purpose of the organisation is to hold land and other assets in

order to promote the social, economic and environmental sustainability

of a specified local geographic community by providing or facilitating

the provision of affordable or other sub-market housing or other

community-based facilities and services,

(b)
the organisation will not dispose of its land and other assets save in the

furtherance of its objectives as set out in paragraph (a),

(c)
the membership of the organisation is open to organisations which are

located in or persons whose principal place of residence, work or

business is located in the specified community the organisation is

Report Stage Proceedings: 31st March 2008
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Housing and Regeneration Bill, continued

established to serve (although the organisation may have different classes

of membership),

(d)
over 50 per cent. of the governing body is elected by the members of the

organisation,

(e)
the organisation is accountable to the local community through annual

reporting or otherwise, and is responsive to the local community’s needs

and to representations made on its behalf, and

(f)
it is an organisation established to help enable the community and those

who live or work there to benefit from the land or other assets it holds.’.

Duty to monitor and promote re-use of brownfield land

Mr Stewart Jackson

Grant Shapps

Mr Nick Hurd

Simon Hughes

Not called  NC33

To move the following Clause:—

‘(1)
The HCA must identify, collate and publish up-to-date information on the

availability, including type and location, of brownfield land in England at district,

regional and national level.

(2)
The HCA must keep this data under review and publish its findings annually.

(3)
The HCA must promote the re-use and reclamation of brownfield land by acting

as the Government’s statutory adviser on brownfield land, by providing advice

and grants and by commissioning, undertaking or supporting research and other

projects to further best practice.

(4)
In this section “brownfield land” means land which has previously been

developed.’.

Lifetime homes standard

Mr Stewart Jackson

Grant Shapps

Mr Nick Hurd

Simon Hughes

Not selected  NC34

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, report

to Parliament on the implementation of lifetime homes standard for all new

housing with a view to bringing forward regulations as to implementation.’.