Deregulation Bill

Amendments
to be moved
on report

[Supplementary to the Second Marshalled List]

After Clause 29

LORD WALLACE OF SALTAIRE

45A*

Insert the following new Clause—

“Tenancy deposits: non-compliance with requirements

(1)     Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is
amended as follows.

(2)     In section 214 (proceedings relating to tenancy deposits), in subsection (1)
after “shorthold tenancy” insert “on or after 6 April 2007”.

(3)     In section 215 (sanctions for non-compliance)—

(a)   for subsection (1) substitute—

“(1)     Subject to subsection (2A), if (whether before, on or after 6
April 2007) a tenancy deposit has been paid in connection
with a shorthold tenancy, no section 21 notice may be given
in relation to the tenancy at a time when the deposit is not
being held in accordance with an authorised scheme.

(1A)    Subject to subsection (2A), if a tenancy deposit has been
paid in connection with a shorthold tenancy on or after 6
April 2007, no section 21 notice may be given in relation to
the tenancy at a time when section 213(3) has not been
complied with in relation to the deposit.”;

(b)   in subsection (2A), after “Subsections (1)” insert “, (1A)”.”

After Clause 30

LORD WALLACE OF SALTAIRE

BARONESS BAKEWELL OF HARDINGTON MANDEVILLE

BARONESS GRENDER

LORD TOPE

46A*

Insert the following new Clause—

“Preventing retaliatory eviction

(1)     Where a relevant notice is served in relation to a dwelling-house in
England, a section 21 notice may not be given in relation to an assured
shorthold tenancy of the dwelling-house—

(a)   within six months beginning with the day of service of the relevant
notice, or

(b)   where the operation of the relevant notice has been suspended,
within six months beginning with the day on which the suspension
ends.

(2)     A section 21 notice given in relation to an assured shorthold tenancy of a
dwelling-house in England is invalid where—

(a)   before the section 21 notice was given, the tenant made a complaint
in writing to the landlord regarding the condition of the dwelling-
house at the time of the complaint,

(b)   the landlord—

(i)   did not provide a response to the complaint within 14 days
beginning with the day on which the complaint was given,

(ii)   provided a response to the complaint that was not an
adequate response, or

(iii)   gave a section 21 notice in relation to the dwelling-house
following the complaint,

(c)   the tenant then made a complaint to the relevant local housing
authority about the same, or substantially the same, subject matter
as the complaint to the landlord,

(d)   the relevant local housing authority served a relevant notice in
relation to the dwelling-house in response to the complaint, and

(e)   if the section 21 notice was not given before the tenant’s complaint
to the local housing authority, it was given before the service of the
relevant notice.

(3)     The reference in subsection (2) to an adequate response by the landlord is
to a response in writing which—

(a)   provides a description of the action that the landlord proposes to
take to address the complaint, and

(b)   sets out a reasonable timescale within which that action will be
taken.

(4)     Subsection (2) applies despite the requirement in paragraph (a) for a
complaint to be in writing not having been met where the tenant does not
know the landlord’s postal or e-mail address.

(5)     Subsection (2) applies despite the requirements in paragraphs (a) and (b)
not having been met where the tenant made reasonable efforts to contact
the landlord to complain about the condition of the dwelling-house but
was unable to do so.

(6)     The court must strike out proceedings for an order for possession under
section 21 of the Housing Act 1988 in relation to a dwelling-house in
England if, before the order is made, the section 21 notice that would
otherwise require the court to make an order for possession in relation to
the dwelling-house has become invalid under subsection (2).

(7)     An order for possession of a dwelling-house in England made under
section 21 of the Housing Act 1988 must not be set aside on the ground that
a relevant notice was served in relation to the dwelling-house after the
order for possession was made.

(8)     Subsection (1) does not apply where the section 21 notice is given after—

(a)   the relevant notice has been wholly revoked under section 16 of the
Housing Act 2004 as a result of the notice having been served in
error,

(b)   the relevant notice has been quashed under paragraph 15 of
Schedule 1 to that Act,

(c)   a decision of the relevant local housing authority to refuse to revoke
the relevant notice has been reversed under paragraph 18 of
Schedule 1 to that Act, or

(d)   a decision of the relevant local housing authority to take the action
to which the relevant notice relates has been reversed under section
45 of that Act.

(9)     Subsection (2) does not apply where the operation of the relevant notice has
been suspended.

(10)     References in this section and section (Further exemptions to section
(Preventing retaliatory eviction)
) to a relevant notice served, or complaint
made, in relation to a dwelling-house include a relevant notice served, or
complaint made, in relation to any common parts of the building of which
the dwelling-house forms a part.

(11)     But subsection (10) applies only if—

(a)   the landlord has a controlling interest in the common parts in
question, and

(b)   the condition of those common parts is such as to affect the tenant’s
enjoyment of the dwelling-house or of any common parts which the
tenant is entitled to use.

(12)     In this s ection and section (Further exemptions to section (Preventing
retaliatory eviction)
) a reference to a complaint to a landlord includes a
complaint made to a person acting on behalf of the landlord in relation to
the tenancy.

(13)     In this section and section (Further exemptions to section (Preventing
retaliatory eviction)
)—

“assured shorthold tenancy” means a tenancy within section 19A or 20
of the Housing Act 1988;

“common parts”, in relation to a building, includes—

(a)   the structure and exterior of the building, and

(b)   common facilities provided (whether or not in the building)
for persons who include one or more of the occupiers of the
building;

“controlling interest” means an interest which is such as to entitle the
landlord to decide whether action is taken in relation to a complaint
within this section or a relevant notice.

“dwelling-house” has the meaning given by section 45 of the Housing
Act 1988;

“relevant local housing authority”, in relation to a dwelling-house,
means the local housing authority as defined in section 261(2) and
(3) of the Housing Act 2004 within whose area the dwelling-house
is located;

“relevant notice” means—

(a)   a notice served under section 11 of the Housing Act 2004
(improvement notices relating to category 1 hazards),

(b)   a notice served under section 12 of that Act (improvement
notices relating to category 2 hazards), or

(c)   a notice served under section 40(7) of that Act (emergency
remedial action);

“section 21 notice” means a notice given under section 21(1)(b) or
(4)(a) of the Housing Act 1988 (recovery of possession on
termination of shorthold tenancy).”

46B*

Insert the following new Clause—

“Further exemptions to section (Preventing retaliatory eviction)

(1)     Subsections (1) and (2) of section (Preventing retaliatory eviction) do not
apply where the condition of the dwelling-house or common parts that
gave rise to the service of the relevant notice is due to a breach by the tenant
of—

(a)   the duty to use the dwelling-house in a tenant-like manner, or

(b)   an express term of the tenancy to the same effect.

(2)     Subsections (1) and (2) of section (Preventing retaliatory eviction) do not
apply where at the time the section 21 notice is given the dwelling-house is
genuinely on the market for sale.

(3)     For the purposes of subsection (2), a dwelling-house is not genuinely on the
market for sale if, in particular, the landlord intends to sell the landlord’s
interest in the dwelling-house to—

(a)   a person associated with the landlord,

(b)   a business partner of the landlord,

(c)   a person associated with a business partner of the landlord, or

(d)   a business partner of a person associated with the landlord.

(4)     In subsection (3), references to a person who is associated with another
person are to be read in accordance with section 178 of the Housing Act
1996.

(5)     For the purposes of subsection (3), a business partner of a person (“P”) is a
person who is—

(a)   a director, secretary or other officer of a company of which P is also
a director, secretary or other officer,

(b)   a director, secretary or other officer of a company in which P has a
shareholding or other financial interest,

(c)   a person who has a shareholding or other financial interest in a
company of which P is a director, secretary or other officer,

(d)   an employee of P,

(e)   a person by whom P is employed, or

(f)   a partner of a partnership of which P is also a partner.

(6)     Subsections (1) and (2) of section (Preventing retaliatory eviction) do not
apply where the landlord is a private registered provider of social housing.

(7)     Subsections (1) and (2) of section (Preventing retaliatory eviction) do not
apply where—

(a)   the dwelling-house is subject to a mortgage granted before the
beginning of the tenancy,

(b)   the mortgagee is entitled to exercise a power of sale conferred on
the mortgagee by the mortgage or by section 101 of the Law of
Property Act 1925, and

(c)   at the time the section 21 notice is given the mortgagee requires
possession of the dwelling-house for the purpose of disposing of it
with vacant possession in exercise of that power.

(8)     In subsection (7)—

(a)   “mortgage” includes a charge, and

(b)   “mortgagee” includes a receiver appointed by the mortgagee under
the terms of the mortgage or in accordance with the Law of
Property Act 1925.”

46C*

Insert the following new Clause—

“Notice to be provided in relation to periodic assured shorthold tenancies

In section 21 of the Housing Act 1988 (recovery of possession on
termination of shorthold tenancy), after subsection (4) insert—

“(4ZA)   In the case of a dwelling-house in England, subsection (4)(a) above
has effect with the omission of the requirement for the date
specified in the notice to be the last day of a period of the tenancy.””

46D*

Insert the following new Clause—

“Time limits in relation to section 21 notices and proceedings

(1)     Section 21 of the Housing Act 1988 is amended as follows.

(2)     After subsection (4A) insert—

“(4B)    A notice under subsection (1) or (4) may not be given in relation to
an assured shorthold tenancy of a dwelling-house in England—

(a)   in the case of a tenancy which is not a replacement tenancy,
within the period of four months beginning with the day on
which the tenancy began, and

(b)   in the case of a replacement tenancy, within the period of
four months beginning with the day on which the original
tenancy began.

(4C)    Subsection (4B) does not apply where the tenancy has arisen due to
section 5(2).

(4D)    Subject to subsection (4E), proceedings for an order for possession
under this section in relation to a dwelling-house in England may
not be begun after the end of the period of six months beginning
with the date on which the notice was given under subsection (1) or
(4).

(4E)    Where—

(a)   a notice under subsection (4) has been given in relation to a
dwelling-house in England, and

(b)    paragraph (b) of that subsection requires the date specified
in the notice to be more than two months after the date the
notice was given,

proceedings for an order for possession under this section may not
be begun after the end of the period of four months beginning with
the date specified in the notice.”

(3)     In subsection (6), for “subsection” substitute “subsections (4B)(b) and”.”

46E*

Insert the following new Clause—

“Prescribed form of section 21 notices

In section 21 of the Housing Act 1988, after subsection (7) insert—

“(8)     The Secretary of State may by regulations made by statutory
instrument prescribe the form of a notice under subsection (1) or (4)
given in relation to an assured shorthold tenancy of a dwelling-
house in England.

(9)     A statutory instrument containing regulations made under
subsection (8) is subject to annulment in pursuance of a resolution
of either House of Parliament.””

46F*

Insert the following new Clause—

“Compliance with prescribed legal requirements

After section 21 of the Housing Act 1988 insert—

“21A          Compliance with prescribed legal requirements

(1)     A notice under subsection (1) or (4) of section 21 may not be given
in relation to an assured shorthold tenancy of a dwelling-house in
England at a time when the landlord is in breach of a prescribed
requirement.

(2)     The requirements that may be prescribed are requirements
imposed on landlords by any enactment and which relate to—

(a)   the condition of dwelling-houses or their common parts,

(b)   the health and safety of occupiers of dwelling-houses, or

(c)   the energy performance of dwelling-houses.

(3)     In subsection (2) “enactment” includes an enactment contained in
subordinate legislation within the meaning of the Interpretation
Act 1978.

(4)     For the purposes of subsection (2)(a) “common parts” has the same
meaning as in Ground 13 in Part 2 of Schedule 2.

(5)     A statutory instrument containing regulations made under this
section is subject to annulment in pursuance of a resolution of either
House of Parliament.””

46G*

Insert the following new Clause—

“Requirement for landlord to provide prescribed information

After section 21A of the Housing Act 1988 insert—

“21B          Requirement for landlord to provide prescribed information

(1)     The Secretary of State may by regulations require information
about the rights and responsibilities of a landlord and a tenant
under an assured shorthold tenancy of dwelling house in England
(or any related matters) to be given by a landlord under such a
tenancy, or a person acting on behalf of such a landlord, to the
tenant under such a tenancy.

(2)     Regulations under subsection (1) may—

(a)   require the information to be given in the form of a
document produced by the Secretary of State or another
person,

(b)   provide that the document to be given is the version that has
effect at the time the requirement applies, and

(c)   specify cases where the requirement does not apply.

(3)     A notice under subsection (1) or (4) of section 21 may not be given
in relation to an assured shorthold tenancy of a dwelling house in
England at a time when the landlord is in breach of a requirement
imposed by regulations under subsection (1).

(4)     A statutory instrument containing regulations made under
subsection (1) is subject to annulment in pursuance of a resolution
of either House of Parliament.””

46H*

Insert the following new Clause—

“Repayment of rent where tenancy ends before end of a period

After section 21B of the Housing Act 1988 insert—

“21C           Repayment of rent where tenancy ends before end of a period

(1)     A tenant under an assured shorthold tenancy of a dwelling-house
in England is entitled to a repayment of rent from the landlord
where—

(a)   as a result of the service of a notice under section 21 the
tenancy is brought to an end before the end of a period of
the tenancy,

(b)   the tenant has paid rent in advance for that period, and

(c)   the tenant was not in occupation of the dwelling-house for
one or more whole days of that period.

(2)     The amount of repayment to which a tenant is entitled under
subsection (1) is to be calculated in accordance with the following
formula—

R ⨯ D P

where—

R is the rent paid for the final period;

D is the number of whole days of the final period for which the
tenant was not in occupation of the dwelling-house; and

P is the number of whole days in that period.

(3)     If the repayment of rent described in subsections (1) and (2) has not
been made when the court makes an order for possession under
section 21, the court must order the landlord to repay the amount of
rent to which the tenant is entitled.
Nothing in this section affects any other right of the tenant to a
repayment of rent from the landlord.””

46J*

Insert the following new Clause—

“Application of sections (Preventing retaliatory eviction) to (Repayment of rent
where tenancy ends before end of a period)

(1)     Subject to subsections (2) and (3), a provision of sections (Preventing
retaliatory eviction
) to (Repayment of rent where tenancy ends before end of a
period
) applies only to an assured shorthold tenancy of a dwelling-house in
England granted on or after the day on which the provision comes into
force.

(2)     Subject to subsection (3), a provision of sections (Preventing retaliatory
eviction
) to (Repayment of rent where tenancy ends before end of a period) does
not apply to an assured shorthold tenancy that came into being under
section 5(2) of the Housing Act 1988 after the commencement of that
provision and on the coming to an end of an assured shorthold tenancy that
was granted before the commencement of that provision.

(3)     At the end of the period of three years beginning with the coming into force
of a provision of sections (Preventing retaliatory eviction) to (Compliance with
prescribed legal requirements
) or section (Repayment of rent where tenancy ends
before end of a period
), that provision also applies to any assured shorthold
tenancy of a dwelling-house in England—

(a)   which is in existence at that time, and

(b)   to which that provision does not otherwise apply by virtue of
subsection (1) or (2).”

Clause 31

LORD BEST

46K*

Page 28, leave out lines 1 to 3

After Clause 33

LORD WALLACE OF SALTAIRE

51A*

Insert the following new Clause—

“Designation of urban development areas: procedure

(1)     Section 134 of the Local Government, Planning and Land Act 1980 (urban
development areas) is modified as follows in relation to an order under
subsection (1) of that section designating any area of land in England as an
urban development area that is contained in an instrument laid before
Parliament on or before 31 March 2016.

(2)     The section has effect as if after subsection (1) there were inserted—

“(1A)    Before making an order under subsection (1), the Secretary of State
must consult the following persons—

(a)   persons who appear to the Secretary of State to represent
those living within, or in the vicinity of, the proposed urban
development area;

(b)   persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of,
the proposed urban development area;

(c)   each local authority for an area which falls wholly or partly
within the proposed urban development area; and

(d)   any other person whom the Secretary of State considers it
appropriate to consult.”

(3)     The section has effect as if for subsection (4) there were substituted—

“(4)     A statutory instrument containing an order under
subsection (1) is subject to annulment in pursuance of a
resolution of either House of Parliament.”

(4)     The duty to consult under section 134(1A) of the Local Government,
Planning and Land Act 1980 (inserted by subsection (2) above) may be
satisfied by consultation before this section comes into force.”

51B*

Insert the following new Clause—

“Establishment of urban development corporations: procedure

(1)     Section 135 of the Local Government, Planning and Land Act 1980 (urban
development corporations) is modified as follows in relation to an order
under that section establishing an urban development corporation for an
urban development area in England that is contained in an instrument laid
before Parliament on or before 31 March 2016.

(2)     The section has effect as if after subsection (1) there were inserted—

“(1A)    Before making an order under this section, the Secretary of State
must consult the following persons—

(a)   persons who appear to the Secretary of State to represent
those living within, or in the vicinity of, the urban
development area;

(b)   persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of,
the urban development area;

(c)   each local authority for an area which falls wholly or partly
within the urban development area; and

(d)   any other person whom the Secretary of State considers it
appropriate to consult.”

(3)     The section has effect as if for subsection (3) there were substituted—

“(3)     A statutory instrument containing an order under this
section is subject to annulment in pursuance of a resolution
of either House of Parliament.”

(4)     The duty to consult under section 135(1A) of the Local Government,
Planning and Land Act 1980 (inserted by subsection (2) above) may be
satisfied by consultation before this section comes into force.”

After Clause 39

LORD TOPE

57A*

Insert the following new Clause—

“Civil enforcement of traffic contraventions

(1)     Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic
contraventions) is amended as follows.

(2)     After section 87A, as inserted by section 39(3) of this Act, insert—

“87B          Use of an approved device in car parks

Nothing in this Act shall prevent the use of an approved device in
a car park which is the subject of a civil enforcement order where
the intention of such use is to better manage space turnover and
user convenience.””

Clause 41

LORD PRESCOTT

LORD DAVIES OF OLDHAM

57B*

Leave out Clause 41

Clause 94

LORD WALLACE OF SALTAIRE

57C*

Page 73, line 17, after “(10),” insert “(Preventing retaliatory eviction), (Further
exemptions to section (Preventing retaliatory eviction)
), (Application of sections
(Preventing retaliatory eviction) to (Repayment of rent where tenancy ends before end of a
period)
),”

Clause 95

LORD WALLACE OF SALTAIRE

58A*

Page 73, line 27, at end insert—

“( )   section (Tenancy deposits: non-compliance with requirements);”

58B*

Page 73, line 30, at end insert—

“( )   sections (Designation of urban development areas: procedure) and
(Establishment of urban development corporations: procedure);”

Prepared 5th February 2015