Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill (Volume II)
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
333

Ground 4
4     (1)
This ground is that either of the following conditions is met.
      (2)
The first condition is that—
(a)
proceedings have begun for possession of a dwelling-house let on an
existing tenancy which is a secure tenancy, and
(b)
possession is sought on one or more of grounds 1 to 6 in Part 1 of
Schedule 2 to the Housing Act 1985 (grounds on which possession
may be ordered despite absence of suitable accommodation).
      (3)
The second condition is that—
(a)
a notice has been served on a relevant tenant under section 83 of that
Act (notice of proceedings for possession), and
(b)
the notice specifies one or more of those grounds and is still in force.
Ground 5
5     (1)
This ground is that either of the following conditions is met.
      (2)
The first condition is that—
(a)
proceedings have begun for possession of a dwelling-house let on an
existing tenancy which is an assured tenancy, and
(b)
possession is sought on one or more of the grounds in Part 2 of
Schedule 2 to the Housing Act 1988 (grounds on which the court may
order possession)
      (3)
The second condition is that—
(a)
a notice has been served on a relevant tenant under section 8 of that
Act (notice of proceedings for possession), and
(b)
the notice specifies one or more of those grounds and is still in force.
Ground 6
6     (1)
This ground is that either of the following conditions is met.
      (2)
The first condition is that a relevant order or suspended Ground 2 or 14
possession order is in force in respect of a relevant tenant or a person
residing with a relevant tenant.
      (3)
The second condition is that an application is pending before any court for a
relevant order, a demotion order or a Ground 2 or 14 possession order to be
made in respect of a relevant tenant or a person residing with a relevant
tenant.
      (4)
In this paragraph—
a “relevant order” means—
(a)
an injunction under section 152 of the Housing Act 1996
(injunctions against anti-social behaviour),
(b)
an injunction to which a power of arrest is attached by virtue
of section 153 of that Act (other injunctions against anti-social
behaviour),
(c)
an injunction under section 153A, 153B or 153D of that Act
(injunctions against anti-social behaviour on application of
certain social landlords),

Localism Bill (Volume II)
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
334

(d)
an anti-social behaviour order under section 1 of the Crime
and Disorder Act 1998, or
(e)
an injunction to which the power of arrest is attached by
virtue of section 91 of the Anti-social Behaviour Act 2003;
a “demotion order” means a demotion order under section 82A of the
Housing Act 1985 or section 6A of the Housing Act 1988;
a “Ground 2 or 14 possession order” means an order for possession
under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14
in Schedule 2 to the Housing Act 1988.
Ground 7
7
This ground is that the accommodation afforded by the dwelling-house
proposed to be let on the new tenancy is substantially more extensive than
is reasonably required by the existing tenant or tenants to whom the tenancy
is proposed to be granted.
Ground 8
8
This ground is that the extent of the accommodation afforded by the
dwelling-house proposed to be let on the new tenancy is not reasonably
suitable to the needs of—
(a)
the existing tenant or tenants to whom the tenancy is proposed to be
granted, and
(b)
the family of that tenant or those tenants.
Ground 9
9     (1)
This ground is that the dwelling house proposed to be let on the new
tenancy meets both of the following conditions.
      (2)
The first condition is that the dwelling-house forms part of or is within the
curtilage of a building that, or so much of it as is held by the landlord—
(a)
is held mainly for purposes other than housing purposes, and
(b)
consists mainly of accommodation other than housing
accommodation, or is situated in a cemetery.
      (3)
The second condition is that the dwelling-house was let to any tenant under
the existing tenancy of that dwelling-house, or a predecessor in title of the
tenant, in consequence of the tenant or the predecessor being in the
employment of—
(a)
the landlord under the tenancy,
(b)
a local authority,
(c)
a development corporation,
(d)
a housing action trust,
(e)
an urban development corporation, or
(f)
the governors of an aided school.
Ground 10
10
This ground is that the landlord is a charity and the occupation of the
dwelling-house proposed to be let on the new tenancy by the relevant tenant
or tenants to whom the new tenancy is proposed to be granted would
conflict with the objects of the charity.

Localism Bill (Volume II)
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
335

Ground 11
11    (1)
This ground is that both of the following conditions are met.
      (2)
The first condition is that the dwelling-house proposed to be let on the new
tenancy has features that—
(a)
are substantially different from those of ordinary dwelling-houses,
and
(b)
are designed to make it suitable for occupation by a physically
disabled person who requires accommodation of the kind provided
by the dwelling-house.
      (3)
The second condition is that if the new tenancy were granted there would no
longer be such a person residing in the dwelling-house.
Ground 12
12    (1)
This ground is that both of the following conditions are met.
      (2)
The first condition is that the landlord is a housing association or housing
trust which lets dwelling-houses only for occupation (alone or with others)
by persons whose circumstances (other than merely financial circumstances)
make it especially difficult for them to meet their need for housing.
      (3)
The second condition is that, if the new tenancy were granted, there would
no longer be such a person residing in the dwelling-house proposed to be let
on the new tenancy.
Ground 13
13    (1)
This ground is that all of the following conditions are met.
      (2)
The first condition is that the dwelling-house proposed to be let on the new
tenancy is one of a group of dwelling-houses which it is the practice of the
landlord to let for occupation by persons with special needs.
      (3)
The second condition is that a social service or special facility is provided in
close proximity to the group of dwelling-houses to assist persons with those
special needs.
      (4)
The third condition is that if the new tenancy were granted there would no
longer be a person with those special needs residing in the dwelling-house.
Ground 14
14    (1)
This ground is that all of the following conditions are met.
      (2)
The first condition is that—
(a)
the dwelling-house proposed to be let on the new tenancy is the
subject of a management agreement under which the manager is a
housing association, and
(b)
at least half the members of the association are tenants of dwelling-
houses subject to the agreement.
      (3)
The second condition is that at least half the tenants of the dwelling-houses
are members of the association.

Localism Bill (Volume II)
Schedule 15 — Abolition of Housing Revenue Account subsidy in England
336

      (4)
The third condition is that no relevant tenant to whom the new tenancy is
proposed to be granted is, or is willing to become, a member of the
association.
      (5)
References in this paragraph to a management agreement include a section
247 or 249 arrangement as defined by 250A(6) of the Housing and
Regeneration Act 2008.
Schedule 15
Section 140

Abolition of Housing Revenue Account subsidy in England
1
Part 6 of the Local Government and Housing Act 1989 (housing finance) is
amended as follows.
2     (1)
Section 79 (Housing Revenue Account subsidy) is amended as follows.
      (2)
In subsection (1) after “local housing authorities” insert “in Wales”.
      (3)
In subsection (2) for “appropriate person” in both places substitute “Welsh
Ministers”.
3     (1)
Section 80 (calculation of Housing Revenue Account Subsidy) is amended as
follows.
      (2)
In subsection (1)—
(a)
after “local housing authority” insert “in Wales”, and
(b)
for “appropriate person” substitute “Welsh Ministers”.
      (3)
In subsection (1A), in paragraph (b)—
(a)
in sub-paragraph (i) for “appropriate person” in both places
substitute “Welsh Ministers”, and
(b)
in sub-paragraph (ii)—
(i)
for “appropriate person’s” substitute “Welsh Ministers’”, and
(ii)
for “appropriate person” substitute “Welsh Ministers”.
      (4)
In subsection (3)—
(a)
in the opening words for “appropriate person” substitute “Welsh
Ministers”,
(b)
in the opening words for “he considers” substitute “they consider”,
(c)
in paragraph (b) for “appropriate person” substitute “Welsh
Ministers”, and
(d)
in paragraph (c) for “he thinks” substitute “the Welsh Ministers
think”.
      (5)
In subsection (4)—
(a)
in the opening words for “(or each authority in England or in Wales)”
substitute “in Wales”,
(b)
in paragraph (a)—
(i)
for the “appropriate person considers” substitute “Welsh
Ministers consider”, and
(ii)
for “(or all of the authorities in England or Wales)” substitute
“in Wales”, and
(c)
in paragraph (b)—

Localism Bill (Volume II)
Schedule 15 — Abolition of Housing Revenue Account subsidy in England
337

(i)
for “them” substitute “the authorities”,
(ii)
for the “appropriate person considers” substitute “Welsh
Ministers consider”,
(iii)
for “he thinks” substitute “the Welsh Ministers think”,
(iv)
for “their” substitute “the authorities’”, and
(v)
for “they” substitute “the authorities”.
      (6)
In subsection (5) for “appropriate person’s” substitute “Welsh Ministers’”.
      (7)
In subsection (6)—
(a)
for “appropriate person” substitute “Welsh Ministers”,
(b)
for “him” substitute “them”, and
(c)
for “he thinks” substitute “they think”.
4     (1)
Section 80ZA (negative amounts of subsidy payable to appropriate person)
is amended as follows.
      (2)
In the heading for “appropriate person” substitute “Welsh Ministers”.
      (3)
In subsection (1)(b) for “appropriate person” substitute “Welsh Ministers”.
      (4)
In subsection (2)—
(a)
for “appropriate person” substitute “Welsh Ministers”,
(b)
for “him” substitute “them”, and
(c)
for “he” substitute “they”.
      (5)
In subsection (3) for “appropriate person” substitute “Welsh Ministers”.
      (6)
In subsection (4)—
(a)
for “appropriate person” substitute “Welsh Ministers”,
(b)
for “he” substitute “the Welsh Ministers”, and
(c)
for “him” substitute “the Welsh Ministers”.
      (7)
In subsection (5)—
(a)
for “appropriate person” substitute “Welsh Ministers”, and
(b)
for “him” in both places substitute “the Welsh Ministers”.
5     (1)
Section 80A (final decision on amount of Housing Revenue Account
subsidy) is amended as follows.
      (2)
In subsection (1)—
(a)
after first “authority” insert “in Wales”,
(b)
for “Secretary of State” substitute “Welsh Ministers”,
(c)
for “he thinks” substitute “they think”, and
(d)
for “his” substitute “their”.
      (3)
In subsection (1A) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (1B)—
(a)
in paragraph (a) for “Secretary of State” substitute “Welsh
Ministers”,
(b)
in paragraph (c) for “Secretary of State has” substitute “Welsh
Ministers have”, and
(c)
in paragraph (d) for “Secretary of State” substitute “Welsh
Ministers”.

Localism Bill (Volume II)
Schedule 15 — Abolition of Housing Revenue Account subsidy in England
338

      (5)
In subsection (1C) for “Secretary of State” in both places substitute “Welsh
Ministers”.
      (6)
In subsection (1D) for “Secretary of State” in both places substitute “Welsh
Ministers”.
      (7)
In subsection (4)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
for “he thinks” substitute “they think”.
      (8)
In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.
6     (1)
Section 80B (agreements to exclude certain authorities or property) is
amended as follows.
      (2)
In subsection (1) for “appropriate person” substitute “Welsh Ministers”.
      (3)
In subsection (3)—
(a)
in paragraph (b) for “appropriate person” in both places substitute
“Welsh Ministers”, and
(b)
in paragraph (e) for “appropriate person” substitute “Welsh
Ministers”.
      (4)
In subsection (4) for “appropriate person” substitute “Welsh Ministers”.
7
Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year
1989-90).
8     (1)
Section 85 (power to obtain information) is amended as follows.
      (2)
In subsection (1)—
(a)
after “authority” in both places insert “in Wales”,
(b)
for “Secretary of State” in both places substitute “Welsh Ministers”,
(c)
for “he” substitute “the Welsh Ministers”,
(d)
for “his” substitute “their”, and
(e)
omit “or 83”.
      (3)
In subsection (2)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for “him” substitute “them”, and
(c)
for “he” substitute “they”.
      (4)
In subsection (3)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for the first “he” substitute “the Welsh Ministers”,
(c)
for “his” substitute “their”,
(d)
omit “or 83”, and
(e)
for “he sees” substitute “they see”.
9
In section 86(1) (recoupment of subsidy in certain cases)—
(a)
omit “or residual debt subsidy”,
(b)
for “Secretary of State” substitute “Welsh Ministers”,
(c)
for “him” substitute “them”, and
(d)
for “he” in each place substitute “they”.
10    (1)
Section 88 (construction and application of Part 6) is amended as follows.

Localism Bill (Volume II)
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
339

      (2)
Omit subsection (2).
      (3)
In subsection (3) omit “Subject to subsection (2) above,”.
      (4)
Omit subsections (4) and (5).
11    (1)
Schedule 4 (the keeping of the Housing Revenue Account) is amended as
follows.
      (2)
In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA)
for “the Secretary of State, or the National Assembly for Wales,” substitute
“the Welsh Ministers”.
      (3)
In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA
subsidy payable) after “authority” insert “in Wales”.
Schedule 16
Section 150

Transfer of functions from the Office for Tenants and Social Landlords to
the Homes and Communities Agency
Part 1
Amendments to the Housing and Regeneration Act 2008
1
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 2 (the HCA: objects) after subsection (1) insert—
“(1A)
It is also an object of the HCA to facilitate the exercise through its
Regulation Committee of the functions conferred on the HCA—
(a)
as the regulator by virtue of Part 2 (regulation of social
housing), or
(b)
as the Regulator of Social Housing by virtue of any other
enactment or instrument.”
3
In section 4 (powers of the HCA: general) in subsection (6) for the “and” at
the end of paragraph (a) substitute—
“(aa)
subsections (2) to (5) do not apply to the powers conferred on
the HCA—
(i)
as the regulator by virtue of Part 2 (but see section 92I
(exercise of functions)), or
(ii)
as the Regulator of Social Housing by virtue of any
other enactment or instrument, and”.
4     (1)
Section 31 (duties in relation to social housing) is amended as follows.
      (2)
Omit subsections (9) and (10).
      (3)
In subsection (11) omit—
(a)
“or low cost home ownership accommodation”, and
(b)
“or (as the case may be) low cost home ownership accommodation”.
      (4)
In subsection (12) omit the definition of “low cost home ownership
accommodation”.