House of Commons Amendments

183

House of Commons

Notices of Amendments

given on

Thursday 24 February 2011

For other Amendment(s) see the following page(s):

Localism Bill Committee 160-181

Public Bill Committee

Localism Bill

Community right of appeal

Stephen Gilbert

Mr David Ward

NC11

To move the following Clause:—

‘(1)    

The Town and Country Planning Act 1990 is amended as follows.

(2)    

In section 78 (appeals to the Secretary of State against planning decisions and

failure to take such decisions) after subsection (2) insert—

“(2A)    

Where a planning authority grants an application for planning permission

and—

(a)    

the authority has publicised the application as not according with

the development plan in force in the area in which the land to

which the application relates is situated; or

(b)    

the application is one in which the authority has an interest as

defined in section 316;

certain persons as specified in subsection (2B) below may by notice

appeal to the Secretary of State, provided any one of the conditions in

subsection (2C) below are met.

(2B)    

Persons who may by notice appeal to the Secretary of State against the

appoval of planning permission in the circumstances specified in

subsection (2A) above are—

(a)    

the ward councillors for the area who have lodged a formal

objection to the planning application in writing to the planning

authority, or where there is more than one councillor, all

councillors by unanimity;

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184

Localism Bill, continued

(b)    

any parish council or neighbourhood forum by two thirds

majority voting, as defined in Section 61F, covering or adjoining

the area of land to which the application relates is situated; or

(c)    

any overview and scrutiny committee by two thirds majority

voting.

(2C)    

The conditions are:

(a)    

section 61W(1) of the Town and Country Planning Act 1990

applies to the application;

(b)    

the application is accompanied by an Environmental Impact

Assessment;

(c)    

the planning officer has recommended refusal of planning

permission.

(3)    

Section 79 is amended as follows—

(a)    

In subsection (2), leave out “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 78 (2A) and where the appellant is as defined in section

79 (2B)).”.’.

Stephen Gilbert

Mr David Ward

216

Clause  124,  page  110,  line  40,  leave out ‘to (7E)’ and insert ‘(7C) and (7E)’.

Stephen Gilbert

Mr David Ward

217

Clause  124,  page  110,  line  40,  at end insert—

‘(8A)    

In subsection (7D) insert new paragraph.

“(d)    

(i)    

an assured shorthold tenancy of a minimum duration of

12 months is available to the applicant;

(ii)    

the applicant has previously been placed in an assured

shorthold tenancy of a duration of greater than six

months and less than 12 months between the date of the

application being made and the date of the tenancy

mentioned in sub-paragraph (i) becoming available;

(iii)    

the local authority considers that the tenancy available

can be afforded by the applicant;

(iv)    

a housing support services assessment for the applicant

has concluded that any support needs of the household to

which the applicant belongs can be met within the

accommodation provided under the tenancy that is

available;

(v)    

the support to meet the support needs of the household is

available; and

(vi)    

the local authority has advised the applicant of tenants’

and landlords’ rights and obligations under an assured

shorthold tenancy and has directed the applicant to

sources of independent advice and information.”.’.

Notices of Amendments: 24 February 2011                  

185

Localism Bill, continued

Stephen Gilbert

Mr David Ward

218

Clause  124,  page  110,  line  40,  leave out paragraph (8) and insert—

‘In subsection (7D) after “end;”, insert—

“(aa)    

the landlord is a member of an accreditation scheme for private

sector landlords operated or approved by the authority;”’.

Stephen Gilbert

Mr David Ward

219

Clause  124,  page  111,  line  12,  leave out paragraph (11) and insert—

‘(11)    

Where an authority is under a duty to provide an applicant with advice and

assistance under sections 190(2)(b), 192(2) or 195(5), the authority shall not

procure or arrange a private rented sector offer for the benefit of the applicant

unless the landlord by whom the offer is made is a member of an accreditation

scheme for private sector landlords operated or approved by the authority.’.

Tenancy deposit schemes

Stephen Gilbert

Mr David Ward

NC12

To move the following Clause:—

‘(1)    

Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits)

is amended as follows.

(2)    

For subsection (3) substitute—

“(3)    

Where a landlord receives a tenancy deposit in connection with a

shorthold tenancy, the deposit must be protected by the landlord within

the period of 14 days beginning with the date on which it is received.”.

(3)    

For subsection (4) substitute—

“(4)    

For the purposes of this section, a deposit is protected when the landlord

complies with such requirements of an authorised scheme as fall to be

observed by a landlord for the purpose of subsection (1).”.

(4)    

In subsection 5(b), delete “initial”.

(5)    

After subsection (8), insert—

“(8A)    

Where a person becomes the landlord of premises held under a tenancy

to which subsection (1) applies, but in respect of which the provisions of

subsection (3) and (6) have not been complied with, for the purposes of

this section that person shall be deemed to have received the deposit on

the date of transfer of the reversion.

(8B)    

Where a shorthold tenancy in respect of which a tenancy deposit was paid

by the tenant began before the commencement date of this section, and

after the commencement date a replacement tenancy is entered into, the

landlord shall be deemed to have received the deposit for the purposes of

this section on the day on which the replacement tenancy began.”.

(6)    

After subsection (9), insert—

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186

Localism Bill, continued

“(10)    

For the purposes of this Chapter a replacement tenancy is a tenancy

(whether of the same premises as those let under the earlier tenancy or

otherwise)—

(a)    

which comes into being on the coming to an end of an assured

shorthold tenancy, and

(b)    

under which, on its coming into being—

(i)    

the landlord is a person who (alone or jointly with

others) was a landlord under the earlier tenancy; and

(ii)    

the tenant is a person who (alone or jointly with others)

was a tenant under the earlier tenancy; and

(iii)    

under which the deposit, or part of the deposit, received

by the landlord under the earlier tenancy (or under a

previous tenancy) is retained by the landlord.”.

(7)    

Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits)

is amended as follows.

(8)    

In subsection (1) for paragraph (a) substitute—

“(a)    

that the deposit has not been protected in accordance with section

213(3) or that section 213(6) has not been complied with; or”.

(9)    

In subsection (2) for paragraph (a) substitute—

“(a)    

that the deposit has not been protected in accordance with

subsection (4) or that subsection (6) has not been complied with,

or”.

(10)    

In subsection (3) after (b), insert “(unless the tenancy in question and any

replacement tenancy have ended)”.

(11)    

For subsection (4) substitute—

“(4)    

The court must also order the landlord to pay to the applicant such

additional sum of money as it shall consider reasonable being not less

than the amount of the deposit nor more than three times the amount of

the deposit within the period of 14 days beginning with the date of the

making of the order.”.

(12)    

After subsection (6) insert—

“(7)    

In determining the sum of money payable by the landlord under

subsection (4), the court shall have regard to all the circumstances, and in

particular—

(a)    

the landlord’s reasons for his failure to comply with his

obligations under this Chapter;

(b)    

whether the landlord knew, or ought to have known, of his

obligations; and

(c)    

the length of time taken by the landlord in complying with his

obligations.

(8)    

In considering the extent of the landlord’s knowledge under subsection

(7)(b), the court shall assume that the landlord knew, or ought to have

known, of his obligations unless the contrary is proved.

(9)    

In this section references to a tenant include any person or persons who

is or was the tenant under a tenancy to which section 213(1) relates, or

under any replacement tenancy.”.

(13)    

Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended

as follows.

(14)    

In subsection (1) for paragraphs (a) and (b) substitute—

“(a)    

the deposit has not been protected (see section 213(4)), or

Notices of Amendments: 24 February 2011                  

187

Localism Bill, continued

(b)    

the deposit is not being held in accordance with an authorised

scheme”.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

220

Clause  121,  page  105,  line  38,  at end insert—

‘(c)    

a person, P, normally resident in accommodation held by a person, Q,

where Q holds an introductory, assured, or secure tenancy, and where P

is in a subsisting relationship with Q,

(d)    

a person, P, normally resident in accommodation held by a person, Q,

where Q holds an introductory, assured or secure tenancy and where, P

has acted as a carer for Q for a period of not less than one year, or

(e)    

a person, P, normally resident in accommodation, for a period not less

than one year, held by a person, Q, where Q holds an introductory,

assured or secure tenancy and where P is the sibling of Q.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

221

Clause  121,  page  105,  line  41,  after ‘(b)’, insert ‘or (c) or (d) or (e)’.

Barbara Keeley

Alison Seabeck

Jack Dromey

222

Clause  121,  page  106,  leave out lines 4 and 5 and insert—

‘(c)    

that the person applies for accommodation under part 6.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

223

Clause  122,  page  106,  line  40,  after ‘may’, insert ‘after a consultation of not less

than 12 weeks with local housing authorities, registered providers of social housing,

tenants and other such persons or organisations as the Secretary of State considers

appropriate,’.

Barbara Keeley

Alison Seabeck

Jack Dromey

224

Clause  122,  page  107,  line  10,  at end insert ‘and the applicant has previously been

informed that the notice will be available and how it can be collected.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

225

Clause  123,  page  109,  leave out lines 1 to 3.

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188

Localism Bill, continued

Homeless persons: advice and assistance

Barbara Keeley

Alison Seabeck

Jack Dromey

NC13

To move the following Clause:—

‘After section 184 of the Housing Act 1988 (Inquiry into cases of homelessness

or threatened homelessness) insert—

“184A

  Prevention of homelessness: advice and assistance

(1)    

An authority may, in the course of its enquiries under section 184,

provide advice and assistance to the applicant for the purpose of the

prevention of homelessness.

(2)    

The applicant’s housing needs shall be assessed before the advice and

assistance is provided under subsection (1).

(3)    

The advice and assistance provided under subsection (1) must include

information about the likely availability in the authority’s district of

accommodation appropriate to the applicant’s housing needs (including,

in particular, the location and sources of such accommodation).

(4)    

The advice and assistance provided under subsection (1), including the

assessment of the housing needs of and options available to the applicant,

shall, in addition to the information specified in subsection (3), set out the

steps which in the opinion of the authority are required to resolve the

applicant’s housing needs.

(5)    

Any advice and assistance or offer of future assistance provided or made

in accordance with subsection (4) shall be notified in writing to the

applicant at the time when such provision or offer takes place or as soon

as reasonably practicable thereafter.

(6)    

Where at any time prior to the making of a decision under section 184(3)

the authority proposes to procure or arrange for the applicant a private

rented sector offer, the applicant is free to reject such an offer without

affecting the duties owed to him by the authority under this Part.

(7)    

The authority shall secure that any offer of accommodation which is

made in the circumstances described in subsection (3)—

(a)    

is an offer of a fixed term tenancy (within the meaning of Part 1

of the Housing Act 1988) for a period of at least twelve months;

and

(b)    

is accompanied by a statement in writing which specifies the

term of the tenancy being offered and explains in ordinary

language—

(i)    

that there is no obligation to accept the offer, but

(ii)    

that if the offer is accepted, the authority may decide that

the applicant is no longer homeless or threatened with

homelessness and the consequences of such a decision,

and

(iii)    

the implication of the applicant deciding not to accept

the offer.

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189

Localism Bill, continued

(8)    

A notification or statement under subsection (2) or subsection (4)(b) shall

inform the applicant of his right to seek independent advice in respect of

the matters contained in that document.”.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

226

Clause  124,  page  110,  line  19,  after ‘suitability’, insert ‘and affordability’.

Barbara Keeley

Alison Seabeck

Jack Dromey

227

Clause  124,  page  110,  leave out line 28.

Barbara Keeley

Alison Seabeck

Jack Dromey

228

Clause  124,  page  110,  line  40,  leave out subsection (8).

Barbara Keeley

Alison Seabeck

Jack Dromey

229

Clause  124,  page  110,  line  39,  at end insert ‘and

               (b)      at the end of paragraph (c) insert—

“(d)    

the cost of the tenancy to the applicant is not in excess of the Local

Housing Allowance for the broad rental market area in which the private

rented sector offer is located.

(e)    

the authority is satisfied that the private rented sector offer meets the

Decent Homes standard.”.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

230

Clause  124,  page  110,  line  23,  leave out ‘ a private rented sector offer’ and insert

‘an accredited private rented sector offer as specified in section [Private rented sector

accreditation schemes] of the Localism Act 2011’.

Barbara Keeley

Alison Seabeck

Jack Dromey

231

Clause  124,  page  110,  line  30,  leave out ‘ a private rented sector offer’ and insert

‘an accredited private rented sector offer as specified in section [Private rented sector

accreditation schemes] of the Localism Act 2011’.