Housing and Planning Bill — Report (4th Day) — 20 Apr 2016 at 17:30

Moved by Baroness Gardner of Parkes

98: After Clause 118, insert the following new Clause-“Overcrowding in shared residential buildings(1) Local authorities may set limits for the number of residents that may lawfully reside in each rented property in a shared residential building.(2) Local authorities may set limits under subsection (1) for each relevant rented property whenever the contract for renting the property changes at any point after the day on which this section is brought into effect.(3) If a complaint is made to a local authority about overcrowding in a rented property for which a limit has been set under subsection (1), the local authority may investigate whether the limit is being exceeded and, if so, order the landlord of the property to take action to end the overcrowding.(4) Where the local authority orders a landlord to take action under subsection (3), the local authority may charge the landlord a fee to cover the reasonable costs of the investigation and action undertaken by the local authority.”

Moved by Lord Young of Cookham

99ZA: After Clause 120, insert the following new Clause-“Tenants’ associations: power to request information about tenantsAfter section 29 of the Landlord and Tenant Act 1985 insert-“29A Tenants’ associations: power to request information about tenants(1) The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants’ association with information about relevant qualifying tenants.(2) The regulations may-(a) make provision about the tenants about whom information must be provided and what information must be provided;(b) require a landlord to seek the consent of a tenant to the provision of information about that tenant;(c) require a landlord to identify how many tenants have not consented.(3) The regulations may-(a) authorise a landlord to charge costs specified in or determined in accordance with the regulations;(b) impose time limits on a landlord for the taking of any steps under the regulations;(c) make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice);(d) make other provision as to the procedure in connection with anything authorised or required by the regulations.(4) The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.(5) The regulations may include supplementary, incidental, transitional or saving provision.(6) Regulations under this section are to be made by statutory instrument.(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.(8) In this section-“relevant tenants’ association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England;“relevant qualifying tenant” means-a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants’ association, ora person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants’ association; “qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.””

Moved by Lord Young of Cookham

99A: After Clause 120, insert the following new Clause-“Limitation of administration charges: costs of proceedingsIn Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (administration charges), after paragraph 5 insert-“Limitation of administration charges: costs of proceedings5A_(1) A tenant of a dwelling in England may apply to the relevant court or tribunal for an order reducing or extinguishing the tenant’s liability to pay a particular administration charge in respect of litigation costs._(2) The relevant court or tribunal may make whatever order on the application it considers to be just and equitable._(3) In this paragraph-(a) “litigation costs” means costs incurred, or to be incurred, by the landlord in connection with proceedings of a kind mentioned in the table, and(b) “the relevant court or tribunal” means the court or tribunal mentioned in the table in relation to those proceedings.Proceedings to which costs relate“The relevant court or tribunal”Court proceedingsThe court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, the county court First-tier Tribunal proceedingsThe First-tier Tribunal Upper Tribunal proceedingsThe Upper TribunalArbitration proceedingsThe arbitral tribunal or, if the application is made after the proceedings are concluded, the county court.”

Moved by Baroness Hayter of Kentish Town

99B: After Clause 121, insert the following new Clause-“Power to require property agents to join client money protection schemes(1) The Secretary of State may by regulations require a property agent to be a member of-(a) a client money protection scheme approved by the Secretary of State for the purpose of the regulations, or(b) a government administered client money protection scheme that is designated by the Secretary of State for the purpose of the regulations.(2) The regulations may impose requirements about the nature of the membership that a property agent must obtain (for example, by requiring a property agent to obtain membership that results in a particular level of compensation being available).(3) The regulations shall-(a) require a property agent to obtain a certificate confirming the property agent’s membership of the scheme;(b) require the property agent to display or publish the certificate in accordance with the regulations;(c) require the property agent to produce a copy of the certificate, on request, in accordance with the regulations.(4) In this section-“client money protection scheme” means a scheme which enables a person on whose behalf a property agent holds money to be compensated if all or part of that money is not repaid in circumstances in which the scheme applies;“government administered client money protection scheme” means a client money protection scheme that is administered by or on behalf of the Secretary of State;“property agent” means-a person who engages in English letting agency work within the meaning of section 52, ora person who engages in English property management work within the meaning of section 53,other than a person who engages in that work in the course of the person’s employment under a contract of employment.”

Moved by Baroness Hayter of Kentish Town

99C: After Clause 121, insert the following new Clause-“Client money protection schemes: approval or designation(1) The Secretary of State may by regulations make provision about the approval or designation of client money protection schemes for the purposes of regulations under section (Power to require property agents to join client money protection schemes).(2) The regulations may, in particular, make provision about-(a) the making of applications for approval;(b) conditions which must be satisfied before approval may be given or a scheme may be designated;(c) conditions which must be complied with by administrators of approved or designated client money protection schemes (including conditions requiring the issue of certificates for the purposes of regulations under section (Power to require property agents to join client money protection schemes)(3) and about the form of those certificates);(d) the withdrawal of approval or revocation of a designation.”

99D: After Clause 121, insert the following new Clause-“Enforcement of client money protection scheme regulations (1) The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section (Power to require property agents to join client money protection schemes).(2) The regulations may-(a) confer functions on a local authority in England;(b) require a property agent who fails to comply with a duty imposed by regulations under (Power to require property agents to join client money protection schemes) to pay a financial penalty (or more than one penalty in the event of a continuing failure).(3) The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State.(4) The provision that may be made under subsection (2)(b) 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) authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions.(5) In this section “local authority in England” means-(a) a district council,(b) a county council for an area for which there is no district council,(c) a London borough council,(d) the Common Council of the City of London, or(e) the Council of the Isles of Scilly.”

Moved by Baroness Gardner of Parkes

101: After Clause 124, insert the following new Clause-“Changes to leases: qualifying threshold for right to manage(1) Where leaseholders in a shared building have the right to manage and a beneficial change or modification is proposed to the terms of the leases in relation to communal services or general safeguards held in that shared building, the change shall be agreed and made if a simple majority of the eligible leaseholders vote in favour of the proposal.(2) In respect of a vote under subsection (1), a leaseholder shall -(a) have the right to appoint a proxy to vote on his or her behalf; and(b) be given adequate notice of when the vote will take place.(3) A change to the terms of the leases under subsection (1) may include leasehold enfranchisement.(4) If a leaseholder or his or her proxy fails to participate in the vote held under subsection (1) and reasonable arrangements have been made to enable him or her to do so, he or she shall be deemed to have voted in favour of the proposal.”

Moved by Baroness Parminter

102ZA: After Clause 128, insert the following new Clause-“Neighbourhood right of appeal(1) After section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”) insert-“78ZA Neighbourhood right of appeal(1) Where-(a) a planning authority grants an application for planning permission,(b) the application does not accord with policies in an emerging or made neighbourhood plan in which the land to which the application relates is situated, and(c) the neighbourhood plan under paragraph (b) contains proposals for the provision of housing development, certain persons as specified in subsection (2) may by notice appeal to the Secretary of State.(2) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (1) are any parish council or neighbourhood forum, as defined in section 61F of the 1990 Act (authorisation to act in relation to neighbourhood areas), whose made or emerging neighbourhood plan includes all or part of the area of land to which the application relates, by two-thirds majority voting.(3) In this section an “emerging” neighbourhood plan means a neighbourhood plan that-(a) has been examined,(b) is being examined, or(c) is due to be examined, having met the public consultation requirements necessary to proceed to this stage.”(2) Section 79 of the 1990 Act is amended as follows-(a) in subsection (2), omit “either”, and after “planning authority” insert “or the applicant (where different from the appellant)”;(b) in subsection (6), after “the determination” insert “(except for appeals as defined in section 78ZA (as inserted by section (Neighbourhood right of appeal) of the Housing and Planning Act 2016) and where the appellant is as defined in subsection (2) of that section)”.”

Debate in Parliament |