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| | Remaining New clauses relating to Part 6 |
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| | | Capital receipts from disposal of housing land |
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| | To move the following Clause:— |
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| | | In section 11 of the Local Government Act 2003 (use of capital receipts by a local |
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| | | authority) after subsection (5) insert— |
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| | | “(6) | The Secretary of State and a local authority in England may enter into an |
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| | | agreement with the effect that a requirement imposed under subsection |
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| | | (2)(b) does not apply to, or is modified in its application to, capital |
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| | | receipts of the authority that are specified or described in the |
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| | | Disestablishment of an arm’s length management organisation |
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| | To move the following Clause:— |
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| | | ‘Schedule [Disestablishment of an arm’s length management organisation] has |
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| | | Landlord notification of succession of tenancy |
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| | To move the following Clause:— |
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| | | ‘In Schedule 2, Part 3, Ground 16, sub-paragraph (b) of the Housing Act 1985, |
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| | | after “date”, insert “on which the landlord was notified”’. |
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| | | Recovery of a tenancy granted on ineligible grounds |
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| | To move the following Clause:— |
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| | | ‘In section 167(8) of the Housing Act 1996, after “scheme”, insert “and any |
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| | | allocation which is not in accordance with the allocation scheme shall be void and |
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| | | shall not give rise to a tenancy”’. |
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| | To move the following Clause:— |
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| | | ‘(1) | Schedule 14 of the Housing Act 2004 is amended as follows. |
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| | | (2) | In paragraph 6 insert new sub-paragraph— |
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| | | “(3) | This paragraph does apply to any building which is owned by a fully |
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| | | mutual co-operative housing association as defined by section 1(2) of the |
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| | | Housing Associations Act 1985, the management of which is undertaken |
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| | Page 108, line 11 [Clause 123], after ‘1985)’, insert ‘or who have been owed such |
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| | duties at any time within the previous five years’. |
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| | Page 110, line 37 [Clause 124], leave out ‘two’ and insert ‘five’. |
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| | Page 110, line 39 [Clause 124], at end insert— |
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| | | ‘(7A) | In subsection (7AC) at end, insert— |
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| | | “(d) | In so far as reasonably practicable, the private rented sector offer |
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| | | must be within the local housing authority’s district.”’. |
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| | Page 111, line 33 [Clause 125], at end insert— |
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| | | ‘(2A) | Omit section 190 and replace with— |
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| | | “190 | Duties to persons becoming homeless intentionally or who are not in |
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| | | (1) | This section applies where the local housing authority is satisfied that an |
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| | | applicant is homeless and is eligible for assistance but are also satisfied |
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| | | that he became homeless intentionally. |
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| | | (2) | The local authority must— |
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| | | (a) | secure that accommodation is available for his occupation for |
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| | | such period as it considers will give him a reasonable |
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| | | opportunity of securing accommodation for his occupation, and |
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| | | (b) | provide him with (or secure that he is provided with) advice and |
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| | | assistance in any attempts he may make to secure that |
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| | | accommodation becomes available for his occupation. |
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| | | (3) | The applicant’s housing needs shall be assessed before advice and |
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| | | assistance is provided under subsection (2)(b). |
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| | | (4) | The advice and assistance provided under subsection (2)(b) must include |
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| | | information about the likely availability in the authority’s district of types |
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| | | of accommodation appropriate to the applicant’s housing needs |
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| | | (including, in particular, the location and sources of such types of |
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| | Page 111, line 39 [Clause 125], leave out ‘two’ and insert ‘five’. |
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| | Page 112, line 12 [Clause 125], leave out ‘two’ and insert ‘five’. |
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| | Page 112, line 34 [Clause 125], leave out subsection (6). |
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| | Page 113, line 15 [Clause 126], at end insert— |
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| | | ‘(1A) | In preparing its tenancy strategy a local authority must ensure that to the greatest |
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| | | extent possible, tenancies granted in its area provide security of tenure so as to |
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| | | support and develop stable and confident communities.’. |
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| | Page 114, line 19, leave out Clause 128. |
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| | Page 114, line 36, leave out Clause 130. |
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| | Page 115, line 7 [Clause 130], at end insert— |
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| | | ‘(2A) | Subsection (2) shall not apply to a secure tenancy if immediately before the |
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| | | tenancy was granted the person who became the tenant under the tenancy, or in |
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| | | the case of joint tenants, one or more of them was— |
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| | | (a) | a secure tenant of the same or another dwelling-house, or |
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| | | (b) | an assured tenant of a private registered provider of social housing or a |
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| | | registered social landlord (otherwise than under an assured shorthold |
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| | | tenancy) in respect of the same or another dwelling-house.’. |
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| | Page 116, line 33 [Clause 130], leave out from beginning to end of line 30 on page |
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| | | | ‘sections 83 to 85A of the Housing Act 1985 shall apply equally to Flexible |
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| | | Tenancies and references to secure tenancies in those sections shall be read |
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| | Page 116, line 33 [Clause 130], after ‘Subject’, insert ‘to the discretion of the court, |
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| | in circumstances where the tenant has made representations against the granting of |
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| | possession, not to make an order if it considers that order disproportionate, and subject’. |
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| | Page 118, line 19, leave out Clause 131. |
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| | Page 121, line 36 [Clause 134], at end insert— |
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| | | ‘(c) | or P is another member of the tenant’s family and has resided with the |
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| | | tenant throughout the period of 12 months ending with the tenant’s |
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| | Page 121, line 36 [Clause 134], at end insert— |
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| | | ‘(1A) | A person (“P”) is qualified to succeed the tenant under a secure tenancy of a |
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| | | dwelling-house in England if— |
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| | | (a) | at the time of the tenant’s death the dwelling-house is not occupied by a |
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| | | spouse or civil partner of the tenant as his or her only or principal home, |
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| | | (b) | an express term of the tenancy makes provision for a person other than |
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| | | such a spouse or civil partner of the tenant to succeed to the tenancy, and |
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| | | (c) | P’s succession is in accordance with that term.’. |
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| | Page 121, line 37 [Clause 134], after ‘(1)’, insert ‘or (1A)’. |
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| | Page 121, line 39 [Clause 134], leave out ‘(whether or not the tenant’s spouse or |
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| | Page 122, line 40 [Clause 135], at end insert— |
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| | | ‘(1ZA) | Subject to subsection (1B), in any case where— |
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| | | (a) | there is an assured periodic tenancy of a dwelling-house in England under |
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| | | (i) | the landlord is a private registered provider of social housing, |
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| | | (ii) | the tenant is a sole tenant, |
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| | | (b) | the tenant under the tenancy dies, |
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| | | (c) | immediately before the death, the dwelling-house was not occupied by a |
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| | | spouse or civil partner of the tenant as his or her only or principal home, |
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| | | (d) | an express term of the tenancy makes provision for a person other than |
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| | | such a spouse or civil partner of the tenant to succeed to the tenancy, and |
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| | | (e) | there is a person whose succession is in accordance with that term, |
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| | | | then, on the death, the tenancy vests by virtue of this section in that person (and, |
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| | | accordingly, does not devolve under the tenant’s will or intestacy).’. |
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| | Page 123, line 10 [Clause 135], at end insert— |
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| | | ‘(1ZA) | Subject to subsection (1B), in any case where— |
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| | | (a) | there is an assured tenancy of a dwelling-house in England for a fixed |
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| | | term of not less than two years under which— |
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| | | (i) | the landlord is a private registered provider of social housing, |
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| | | (ii) | the tenant is a sole tenant, |
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| | | (b) | the tenant under the tenancy dies, |
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| | | (c) | immediately before the death, the dwelling-house was not occupied by a |
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| | | spouse or civil partner of the tenant as his or her only or principal home, |
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| | | (d) | an express term of the tenancy makes provision for a person other than |
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| | | such a spouse or civil partner of the tenant to succeed to the tenancy, and |
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| | | (e) | there is a person whose succession is in accordance with that term, |
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| | | | then, on the death, the tenancy vests by virtue of this section in that person (and |
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| | | accordingly does not devolve under the tenant’s will or intestacy).’. |
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| | Page 123, line 11 [Clause 135], leave out ‘or’ and insert ‘, (1ZA),’. |
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| | Page 123, line 11 [Clause 135], after ‘(1A)’, insert ‘or (1AA)’. |
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| | Page 123, line 14 [Clause 135], leave out ‘(whether or not the tenant’s spouse or |
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| | civil partner)’ and insert ‘(and, accordingly, does not devolve under the tenant’s will or |
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| | Page 123, line 19 [Clause 135], leave out from ‘housing’ to end of line 20. |
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| | Page 123, line 23 [Clause 135], at end insert— |
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| | | ‘(4A) | In subsection (5) after “(1)(b)” insert “or (1A)(c)”.’. |
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| | Page 123, line 26 [Clause 135], after ‘subsection’, insert ‘(1ZA), (1AA) or’. |
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| | Page 125, line 11 [Clause 139], at end insert ‘that— |
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| | | (i) | is not a shared ownership lease, and |
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| | Page 125, line 12 [Clause 139], at end insert— |
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| | | ‘(1B) | In subsection (1A)— |
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| | | “assured tenancy” has the same meaning as in Part 1 of the Housing Act |
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| | | “secure tenancy” has the meaning given by section 79 of the Housing Act |
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| | | “shared ownership lease” means a lease— |
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| | | (c) | granted on payment of a premium calculated by reference to a |
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| | | percentage of the value of the dwelling-house or of the cost of |
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| | | (d) | under which the lessee (or the lessee’s personal representatives) |
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| | | will or may be entitled to a sum calculated by reference, directly |
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| | | or indirectly, to the value of the dwelling-house.”’. |
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