Housing and Planning Bill — Report (3rd Day) (Continued) — 18 Apr 2016 at 20:00

Moved by Viscount Younger of Leckie

78A: After Clause 90, insert the following new Clause-“Reducing local authority influence over private registered providers(1) The Secretary of State may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over private registered providers through-(a) appointing or removing officers of private registered providers;(b) exercising or controlling voting rights.(2) The regulations may in particular-(a) limit the number of officers that a local authority may appoint;(b) prohibit a local authority from appointing officers;(c) confer power on a private registered provider to remove officers appointed by a local authority;(d) prohibit a local authority from doing things that would result in it obtaining voting rights in a private registered provider;(e) require a local authority to take steps to reduce or get rid of any voting rights that it has in a private registered provider. (3) Regulations under this section may override or modify any contractual or other rights (whenever created) or anything in a private registered provider’s constitution. (4) Regulations under this section may-(a) confer a power to amend the constitution of a private registered provider in consequence of provision made by the regulations;(b) make provision about the procedure for exercising that power.(5) In this section-“appointing”, in relation to an officer, includes nominating or otherwise influencing the selection of the officer;“constitution” includes rules;“local authority” has the meaning given by section 106 of the Housing Associations Act 1985;“officer”, in relation to a private registered provider, has the meaning given by section 270 of the Housing and Regeneration Act 2008;“private registered provider” means a private registered provider of social housing.”

Moved by Viscount Younger of Leckie

78B: Clause 91, page 39, line 36, after “administration” insert “(which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016)”

Moved by Viscount Younger of Leckie

78C: Clause 92, page 40, line 17, leave out subsection (3)

78D: Clause 92, page 40, line 22, leave out “references in this section” and insert “the reference in subsection (1)(b)”

78E: Clause 92, page 40, line 23, leave out “are references” and insert “is a reference”

Moved by Viscount Younger of Leckie

78F: Clause 93, page 40, line 25, leave out subsections (1) to (8) and insert-“(1) A housing administrator has two objectives-(a) Objective 1: normal administration (see section (Objective 1: normal administration)), and(b) Objective 2: keeping social housing in the regulated sector (see section (Objective 2: keeping social housing in the regulated sector)).(2) Objective 1 takes priority over Objective 2 (but the housing administrator must, so far as possible, work towards both objectives).(3) It follows that, in pursuing Objective 2, the housing administrator must not do anything that would result in a worse distribution to creditors than would be the case if the administrator did not need to pursue Objective 2.(4) A reference in this Chapter to the objectives of a housing administration is to the objectives to be pursued by the housing administrator.”

Moved by Viscount Younger of Leckie

78G: After Clause 93, insert the following new Clause-“Objective 1: normal administration(1) Objective 1 is to- (a) rescue the registered provider as a going concern,(b) achieve a better result for the registered provider’s creditors as a whole than would be likely if the registered provider were wound up (without first being in housing administration), or(c) realise property in order to make a distribution to one or more secured or preferential creditors.(2) The housing administrator must aim to achieve Objective 1(a) unless the housing administrator thinks-(a) that it is not reasonably practicable to achieve it, or(b) that Objective 1(b) would achieve a better result for the registered provider’s creditors as a whole.(3) The housing administrator may aim to achieve Objective 1(c) only if-(a) the housing administrator thinks that it is not reasonably practicable to achieve Objective 1(a) or (b), and(b) the housing administrator does not unnecessarily harm the interests of the registered provider’s creditors as a whole.(4) In pursuing Objective 1(a), (b) or (c) the housing administrator must act in the interests of the registered provider’s creditors as a whole so far as consistent with that Objective.”

78H: After Clause 93, insert the following new Clause-“Objective 2: keeping social housing in the regulated sector(1) Objective 2 is to ensure that the registered provider’s social housing remains in the regulated housing sector.(2) For this purpose, social housing remains in the regulated housing sector for so long as it is owned by a private registered provider.”

Moved by Viscount Younger of Leckie

78J: Clause 95, page 42, line 21, leave out “objective” and insert “objectives”

78K: Clause 95, page 42, line 26, leave out “objective” and insert “objectives”

Moved by Viscount Younger of Leckie

78L: Clause 96, page 43, line 19, leave out from beginning to “of” in line 21 and insert “The housing administrator of a registered provider must aim to achieve the objectives”

78M: Clause 96, page 43, line 23, leave out subsections (3) and (4)

78N: Clause 96, page 43, line 40, leave out “functions of” and insert “to be carried out by”

Moved by Viscount Younger of Leckie

78P: After Clause 97, insert the following new Clause-“Housing administrator may sell land free from planning obligations (1) If the housing administrator of a registered provider disposes of land that is the subject of a planning obligation that contains relevant terms, the relevant terms are not binding on the person to whom the land is disposed of or any successor in title.(2) In this section-“disposes of”, in relation to land, means sells a freehold or leasehold interest in the land or grants a lease of the land;“planning obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990 (whether entered into before or after this section comes into force);“relevant terms” in relation to a planning obligation, means any restrictions or requirements imposed by the planning obligation that are expressed not to apply in the event that the land is disposed of by a mortgagee.”

Moved by Viscount Younger of Leckie

78Q: Schedule 5, page 117, line 16, leave out “75,”

78R: Schedule 5, page 117, line 34, leave out “objective” and insert “objectives”

78S: Schedule 5, page 118, line 15, leave out “objective” and insert “objectives”

78T: Schedule 5, page 119, line 15, leave out “objective” and insert “objectives”

78U: Schedule 5, page 119, line 18, leave out “objective” and insert “objectives”

78V: Schedule 5, page 119, line 27, leave out “objective” and insert “objectives”

78W: Schedule 5, page 120, line 7, leave out “objective” and insert “objectives”

78X: Schedule 5, page 120, line 35, leave out “objective” and insert “objectives”

78Y: Schedule 5, page 120, line 42, leave out “objective” and insert “objectives”

78YA: Schedule 5, page 120, line 48, at end insert-“14A_ Paragraph 78 (consent to extension of administrator’s term of office) is to have effect as if sub-paragraph (2) were omitted.”

78YB: Schedule 5, page 123, line 16, , leave out lines 16 to 18 and insert-““objectives”, in relation to a housing administration, is to be read in accordance with section 93(4) of the Housing and Planning Act 2016;”

78YC: Schedule 5, page 126, line 31, leave out “objective” and insert “objectives”

78YD: Schedule 5, page 126, line 33, leave out “objective” and insert “objectives”

78YE: Schedule 5, page 127, line 4, leave out “objective” and insert “objectives”

78YF: Schedule 5, page 127, line 10, leave out “objective” and insert “objectives”

Moved by Viscount Younger of Leckie

78YG: Clause 98, page 44, line 36, leave out paragraphs (a) and (b) and insert-“(a) notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or(b) the Regulator of Social Housing has waived the notice requirement in paragraph (a).”

78YH: Clause 98, page 44, line 44, at end insert-“( ) The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.”

Moved by Viscount Younger of Leckie

78YJ: Clause 99, page 45, line 18, leave out paragraphs (a) and (b) and insert-“(a) notice of the application has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or(b) the Regulator of Social Housing has waived the notice requirement in paragraph (a).”

78YK: Clause 99, page 45, line 26, at end insert-“( ) The Regulator of Social Housing may waive the notice requirement under subsection (4)(a) only with the consent of the Secretary of State.”

Moved by Viscount Younger of Leckie

78YL: Clause 100, page 45, line 34, leave out paragraph (b)

78YM: Clause 100, page 46, line 4, leave out paragraphs (a) and (b) and insert-“(a) either-(i) notice of the application has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or(ii) the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i), and”

78YN: Clause 100, page 46, line 16, at end insert-“( ) The Regulator of Social Housing may waive the notice requirement under subsection (3)(a)(i) only with the consent of the Secretary of State.”

Moved by Viscount Younger of Leckie

78YP: Clause 101, page 46, line 24, leave out paragraph (b)

78YQ: Clause 101, page 46, line 39, leave out paragraphs (a) and (b) and insert-“(a) either-(i) that notice of the appointment has been given to the Regulator of Social Housing, accompanied by a copy of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986 and that a period of 28 days has elapsed since that notice was given, or(ii) that the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i),”

78YR: Clause 101, page 47, line 7, at end insert-“( ) The Regulator of Social Housing may waive the notice requirement under subsection (4)(a)(i) only with the consent of the Secretary of State.”

Moved by Viscount Younger of Leckie

78YS: Clause 102, page 47, line 21, leave out paragraphs (a) and (b) and insert-“(a) notice of the intention to do so has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since the notice was given, or(b) the Regulator of Social Housing has waived the notice requirement in paragraph (a).”

78YT: Clause 102, page 47, line 27, at end insert-“( ) The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.”

Moved by Viscount Younger of Leckie

78YU: Clause 103, page 47, line 33, leave out “objective” and insert “objectives”

Moved by Viscount Younger of Leckie

78YV: Clause 109, leave out Clause 109

Moved by Viscount Younger of Leckie

78YW: Clause 111, page 51, leave out lines 12 and 13 and insert-““objectives of the housing administration” means the objectives in section 93(4);”

Moved by Lord Kerslake (CB)

79: Clause 113, leave out Clause 113

Moved by Baroness Williams of Trafford

79A: After Clause 113, insert the following new Clause-“Termination of fixed-term secure tenancies without need to forfeit(1) The Housing Act 1985 is amended as follows.(2) In section 82 (security of tenure)-(a) before subsection (1) insert-“(A1) A fixed-term secure tenancy of a dwelling-house in England that is granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force cannot be brought to an end by the landlord except by-(a) obtaining-(i) an order of the court for the possession of the dwelling-house, and(ii) the execution of the order, or(b) obtaining a demotion order under section 82A.(A2) A secure tenancy can be brought to an end by the landlord as mentioned in subsection (A1)(a) whether or not the tenancy contains terms for it to be brought to an end.”(b) in subsection (1)(b), for “but” substitute “, other than one to which subsection (A1) applies, that is”;(c) in subsection (2), after “subsection” insert “(A1)(a) or”.(3) In section 83 (proceedings for possession), in subsection (A1), for “82(1A)” substitute “82(A1) or (1A)”.”

Moved by Lord Kennedy of Southwark

80: Schedule 7, page 129, line 29, leave out from beginning to end of line 35 and insert-“81A Granting of secure tenancies A local housing authority may grant a secure tenancy of a dwelling-house in England for a fixed term that is-(a) at least 2 years, and(b) up to and including 10 years.”

Moved by Viscount Younger of Leckie

80ZA: Schedule 7, page 130, line 8, at end insert “, or(c) if required to do so by section 158(9B) of the Localism Act 2011 (which relates to transfer requests made before section (Secure and assured tenancies: transfer of tenancy) of the Housing and Planning Act 2016 comes into force).”

Moved by Viscount Younger of Leckie

80AA: Schedule 7, page 135, line 3, leave out from “(4)” to end of line 4

Moved by Viscount Younger of Leckie

81ZA: After Clause 114, insert the following new Clause-“Secure and assured tenancies: transfer of tenancy(1) The Localism Act 2011 is amended as follows.(2) In section 158 of the Localism Act 2011 (secure and assured tenancies: transfer of tenancy)-(a) in subsection (3)(a), for “not a flexible tenancy” substitute “an old-style secure tenancy”;(b) in subsection (4)(a), for “is a flexible tenancy” substitute “is not an old-style secure tenancy”;(c) omit subsection (6);(d) in subsection (7), for “fifth” substitute “fourth”;(e) for subsections (8) and (9) substitute- “(8) The new tenancy is to be granted on whatever terms the landlord determines.(9) A landlord must, on request by a relevant tenant, inform the tenant of the terms on which a new tenancy will be granted to that tenant.(9A) Subsection (9B) applies in a case where-(a) the request was made before section (Secure and assured tenancies: transfer of tenancy) of the Housing and Planning Act 2016 came into force, and(b) one or more of the landlords had not yet complied with the request when that section came into force.(9B) In that case any new tenancy granted in pursuance of this section to a relevant tenant whose existing tenancy is an old-style secure tenancy, or an assured tenancy that is not an assured shorthold tenancy, must be-(a) an old-style secure tenancy, or(b) an assured tenancy that is not an assured shorthold tenancy,according to the landlord’s capacity to grant a tenancy of either kind.”(3) In section 159 (interpretation of section 158 etc), in subsection (6), omit paragraph (b).”

Moved by Viscount Younger of Leckie

81ZB: Schedule 8, page 143, line 31, after “tenancy” insert “(“the old tenancy”)”

81ZC: Schedule 8, page 143, line 39, leave out from “years” to end of line 40

81ZD: Schedule 8, page 143, line 40, at end insert-“(2C) Where a possession order was in force in relation to the old tenancy-(a) the possession order is to be treated, so far as possible, as if it applied in relation to the new tenancy, and(b) any other court orders made in connection with the possession order are also to be treated, so far as possible, as if they applied in relation to the new tenancy.(2D) In subsection (2C) “possession order” means an order for possession of the dwelling house.”

81ZE: Schedule 8, page 146, line 14, leave out from “years” to end of line 15

Moved by Viscount Younger of Leckie

82: Before Clause 115, insert the following new Clause-“Electrical safety standards for properties let by private landlords(1) The Secretary of State may by regulations impose duties on a private landlord of residential premises in England for the purposes of ensuring that electrical safety standards are met during any period when the premises are occupied under a tenancy. (2) “Electrical safety standards” means standards specified in, or determined in accordance with, the regulations in relation to-(a) the installations in the premises for the supply of electricity, or(b) electrical fixtures, fittings or appliances provided by the landlord.(3) The duties imposed on the landlord may include duties to ensure that a qualified person has checked that the electrical safety standards are met.(4) The regulations may make provision about-(a) how and when checks are carried out;(b) who is qualified to carry out checks.(5) The regulations may require the landlord-(a) to obtain a certificate from the qualified person confirming that electrical safety standards are met, and(b) to give a copy of a certificate to the tenant, or a prospective tenant, or any other person specified in the regulations.(6) In this section-“premises” includes land, buildings, moveable structures, vehicles and vessels;“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);“residential premises” means premises all or part of which comprise a dwelling;“tenancy” includes a licence to occupy (and “landlord” is to be read accordingly).”

Moved by Viscount Younger of Leckie

92: Before Clause 115, insert the following new Clause-“Electrical safety standards: enforcement(1) Regulations under section (Electrical safety standards for properties let by private landlords) may provide for covenants to be implied into a tenancy.(2) Regulations under that section-(a) may make provision about the enforcement of a duty imposed by the regulations;(b) may confer functions on a local housing authority in England.(3) The provision that may be made about enforcement includes provision-(a) requiring a landlord who fails to comply with a duty imposed by the regulations to pay a financial penalty (or more than one penalty in the event of a continuing failure);(b) conferring power on a local housing authority to arrange for a person to enter on the premises, with the consent of the tenant, to remedy any failure by the landlord to comply with a duty imposed by the regulations.(4) The provision that may be made in reliance on subsection (3)(a) includes provision-(a) about the procedure to be followed in imposing penalties;(b) about the amount of penalties;(c) conferring rights of appeal against penalties; (d) for the enforcement of penalties;(e) about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).(5) The provision that may be made in reliance on (3)(b) includes provision-(a) about procedural matters;(b) enabling a local housing authority to recover from the landlord any costs incurred by it in remedying the failure;(c) about the application of costs recovered (and such provision may permit or require the payment of sums into the Consolidated Fund).(6) In this section “local housing authority” has the meaning given by section 1 of the Housing Act 1985.”

Moved by Lord Beecham

93A: Clause 115, page 53, line 11, at end insert-“(c) separate plots on which gypsies, travellers and travelling showpeople can have both residential accommodation and space for the storage of equipment”

Debate in Parliament |