Office of Public Sector Information
962.Schedule 9 contains consequential amendments to various enactments. The majority of these amendments remove references to the Housing Corporation and insert or substitute references to the Office for Tenants and Social Landlords.
963.Schedule 10 sets out what must be included in a penalty charge notice (paragraph 1). It provides for the penalty sum to be such sum not exceeding £1,000 as may be prescribed in regulations by the appropriate national authority (paragraph 2), and for this to be payable within 28 days or such extended period as the authority may allow (paragraph 3). It provides for review of notices by the enforcement authority on request made within that period (paragraph 4), for withdrawal of the notice by the authority if appropriate (paragraph 5), and for appeal to a county court from a confirmation of the notice upon review (paragraph 6). Provision is made for recovery of the penalty charge by the enforcing authority (paragraph 7), and for evidence to be given in writing in recovery proceedings (paragraph 8). There is provision for the enforcement authority to return payments of any charge where a notice is withdrawn or quashed (paragraph 9). Provision for service of notices is made (paragraph 10). The appropriate national authority may by regulations make provision supplementary or incidental to Schedule 10 for subjects including the form of penalty charge notices, circumstances in which they may not be given, methods of payment, and service (paragraph 11).
964.Part 1 of Schedule 11 amends the Housing Act 1985, the Housing Act 1988, and the Housing Act 1996 to provide that where a possession order is made against a secure, assured or demoted tenant, the tenancy will end on the date the tenant is evicted (unless the tenant ends the tenancy before that date). The provisions will prevent the creation in future of “tolerated trespassers” who remain in occupation in the property but without the tenancy agreement or the relevant statutory provisions applying. Part 2 of the Schedule provides that where before commencement a tenant has already become a tolerated trespasser, a new tenancy will arise. Provision is made for the details of how this new tenancy will relate to the original tenancy.
965.Paragraphs 1 to 4 amend the Housing Act 1985. The amendments in paragraph 2 to section 82 ensure that where a possession order has been made in relation to a secure tenancy, the tenancy ends when the tenant is evicted. Paragraph 3 amends section 85 in relation to the discretion of the court in possession proceedings, gives the court wider powers to discharge or rescind a possession order, and repeals subsections (5) and (5A) which are now unnecessary since they relate only to tolerated trespassers.
966.Paragraph 4 amends Ground 1 of Schedule 3 to the Housing Act 1985, which sets out a landlord’s grounds for refusing to allow a secure tenant to exchange homes with another tenant. The amended wording ensures that the ground applies in all cases where a possession order has been made, regardless of the wording of the possession order.
967.Paragraphs 5 to 9 amend the Housing Act 1988. The amendments in paragraph 6 to section 5 ensure that the tenancy will continue until the tenant is evicted. Paragraph 7 amends section 7(7) to the same effect with respect to fixed term tenancies which have ended.
968.Paragraph 8 amends section 9 with regard to the discretion of the court in possession proceedings, giving the court wider powers to discharge or rescind a possession order, and repealing subsections (5) and (5A)..
969.Paragraph 9 amends section 21 with respect to when possession orders in respect of assured shorthold tenancies take effect. Where the court grants a possession order terminating a fixed term or periodic assured shorthold tenancy, including any statutory periodic tenancy arising on or after the end of the fixed term, the tenancy will end when the tenant is evicted.
970.Paragraphs 10 to 13 amend the Housing Act 1996. Paragraphs 11 and 12 amend sections 127 and 130 to provide that where a possession order has been made in relation to an introductory tenancy, the tenancy will end when the tenant is evicted, and paragraph 13 makes similar provision for demoted tenancies by amending section 143D.
971.Paragraph 14 makes transitional provisions. The amended statutory provisions in Part 1 of the Schedule about when tenancies end will not apply where a possession order has already been made, except in two circumstances. These exceptions are, firstly, that they will apply where the tenancy ended after a possession order was made but a new tenancy arises under Part 2 of the Schedule; and secondly, that they will apply where a possession order was made before commencement and the tenancy has not yet ended (because commencement occurs before the date for possession specified in the possession order).
972.Paragraph 14(3) ensures that the wider powers of the court to discharge or rescind possession orders apply to all possession orders whenever made.
973.Paragraph 14(4) contains clarification of the reference to tenancies ending. Tenancies at present end on the date for possession specified in the possession order, but it is possible for the court subsequently to make an order varying the possession date to a date in the future. The effect of such an order is that the tenancy is restored without a break. Paragraph 14(4) clarifies that, where this has happened, the tenancy has not ended for the purposes of these provisions.
974.The definition of “commencement date” in paragraph 14(5) contains an exception to allow order making powers to come into effect earlier.
975.In Part 2 of the Schedule, paragraph 15 defines “an original tenancy” as a tenancy which ended as a result of a possession order (but not as a result of execution of the order – i.e. eviction).
976.Paragraph 16(1) provides that a new tenancy of the dwelling-house let under the original tenancy is treated as arising on the commencement date, between the ex-landlord and the ex-tenant, if three conditions are satisfied. These conditions are, firstly, that the home condition is met; secondly, that the ex-landlord is entitled to let the dwelling-house (for instance, that there has not been a stock transfer to a new landlord); and thirdly, that the ex-landlord and ex-tenant have not in the meantime entered into a new tenancy.
977.The remaining sub-paragraphs of paragraph 16 set out details in relation to the home condition. Paragraph 16(2) provides that the dwelling-house must have been the only or principal home of the ex-tenant throughout the termination period, and still be so on the commencement date. Paragraph 16(3) defines the termination period. Sub-paragraphs (4) to (6) ensure that the home condition will be met where the ex-tenant has been evicted from the property, but the warrant of eviction is subsequently set aside (leaving the possession order still in force). Where this happens, if the ex-tenant returns to the property the new tenancy arises on the first day of resuming occupation.
978.Paragraph 16(7) gives the appropriate national authority power by order to provide for other circumstances where the home condition is met.
979.Paragraph 17 specifies the nature in each case of the replacement tenancy. In all but one case, the replacement tenancy is of the same type as the original tenancy. The exception, in paragraph 17(a)(ii), is where the original tenancy was an introductory tenancy but during the termination period the landlord revoked the introductory tenancy regime. In such circumstances the replacement tenancy will be secure.
980.Paragraph 18 provides that the terms and conditions of the original tenancy immediately before it ended will apply to the new tenancy, subject to sub-paragraphs (2) to (6). Paragraph 18(2) enables changes made in the termination period in the amount of “rent” to apply to the new tenancy, and paragraph 18(3) ensures that arrears of “rent” owed for the termination period will be owed in respect of the new tenancy. Paragraph 18(4) gives the appropriate national authority a power to provide by order for other modifications of the terms and conditions of the new tenancy.
981.Paragraph 18(5) provides a safeguard by specifying that nothing in the preceding sub-paragraphs permits a term to be read into the new tenancy which could not have been applied to the original tenancy if it had not ended. For example, if the ex-landlord had been charging the ex-tenant higher “rent” during the termination period than would have been permissible had the tenancy been in force, the rent under the new tenancy will not be modified to take account of this.
982.Paragraph 18(6) refers to the situation where an original introductory tenancy has to be replaced by a new secure tenancy, and requires the terms and conditions to be modified as necessary to reflect this.
983.Paragraph 19(1) provides that any statutory provisions relating to secure, assured, introductory or demoted tenancies apply to such a tenancy arising as a new tenancy under Part 2 of the Schedule.
984.Paragraph 19(2) and (3) provides that where the new tenancy is an introductory or demoted tenancy, the statutory provisions providing for the length of the tenancy are modified so as to secure that the new tenancy does not consist simply of the remainder of the one year period after taking into account the time spent under the original tenancy.
985.Paragraph 19(4) gives the appropriate national authority power by order to modify any statutory provision as it applies to a new tenancy.
986.Paragraph 20 deals with the effect which court orders made in the course of the possession proceedings in respect of the original tenancy have on the new tenancy. The possession order itself is to be treated, so far as practicable, as applying to the new tenancy, and paragraph 20(2) provides that any other court orders relating to occupation of the dwelling-house and made in contemplation of, in consequence of, or otherwise in connection with the possession order, and which are in force on the commencement date, must also be treated (so far as practicable) as applying to the new tenancy.
987.Paragraph 21 sets out circumstances in which the original tenancy and the new tenancy must be treated as the same and continuous tenancy, and deals with related matters. The two tenancies must be treated as the same and continuous for relevant purposes, which are listed in paragraph 21(2). These are succession rights; calculation of qualification periods for the right to buy (which includes the preserved right to buy and the right to acquire); and enabling the landlord to rely on ground 8 of Schedule 2 to the Housing Act 1985. In addition, the appropriate national authority may by order specify other relevant purposes.
988.Paragraph 21(3) gives the court a power to order that the original tenancy and the new tenancy are to be treated as the same and continuous for the purpose of a relevant claim, so that the claim may apply to the termination period. A relevant claim is defined in paragraph 21(4) as being a claim by either ex-landlord or ex-tenant against the other for breach of the tenancy agreement, or a claim by the ex-tenant against the ex-landlord for breach of statutory duty. Where a claim has already been made before the commencement date, it will only be a relevant claim if the proceedings have not yet been finally determined at that date. A power is given to the appropriate national authority to specify other types of claim as relevant for this purpose. Paragraph 21(5) defines when a claim is finally determined.
989.Paragraph 22 ensures that where tenants have been consulted pursuant to statutory requirements, the fact that occupants who were ex-tenants at the time were or were not allowed to vote does not mean that the consultation requirements were not complied with. The appropriate national authority is given a power to specify consultation requirements additional to those listed in paragraph 22(2).
990.The effect of paragraph 23 is that where there are ex-tenants who were formerly joint tenants, the occupation of the dwelling-house as only or principal home by at least one of them is sufficient for the home condition to be met. It also gives the appropriate national authority power by order to modify the way Part 2 of the Schedule applies to joint tenancies.
991.Paragraph 24 gives the appropriate national authority power by order to provide that the provisions in Part 2 of Schedule 11 apply to successor landlord cases, subject to any modifications specified in the order. Successor landlord cases are defined as cases where the original landlord’s interest has been transferred to another person or any subsequent transferee.
992.Paragraph 25 repeats in relation to Part 2 of the Schedule the provision in paragraph 14(4), clarifying that where a tenancy which had formerly ended was restored (by the court varying the possession date in the order) such a tenancy then no longer counts as a tenancy which has ended for the purposes of these provisions.
993.Paragraph 26 contains definitions and interpretation of words and phrases used in the Schedule, or gives references to the paragraphs in which particular words and phrases are defined. It also makes provision for determining, where necessary, whether a dwelling-house is in England or Wales according to where council tax is paid.
994.Schedule 12 makes changes to the requirements in the Landlord and Tenant Act 1985 (“the 1985 Act”) and the Landlord and Tenant Act 1987 (“the 1987 Act”) regarding the information that landlords must supply to service charge payers and how service charge monies are to be held. The main amendments are to section 21 of the 1985 Act (as substituted by the Commonhold and Leasehold Reform Act 2002) and section 42A of the 1987 Act (as inserted by the 2002 Act). Section 21 of the 1985 Act and section 42A of the 1987 Act, as amended or introduced by the 2002 Act, have not been brought into force.
995.Paragraph 2 broadly replicates the effect of section 21 of the 1985 Act. Subsection (1) provides the appropriate national authority (the Secretary of State in England, and the Welsh Ministers in Wales) with power to make regulations about the provision by landlords of dwellings of service charge information. Subsection (2) sets out the types of information that should be dealt with in those regulations. In particular, the regulations must, subject to exceptions, require a landlord to provide information about the service charges of the tenant and any “associated charges” (defined in subsection (10)); and the relevant costs relating to the service charges. Subsection (3) provides that the regulations must (subject to exceptions) require that a report by a qualified person be supplied with the information provided. Subsection (4) sets out the additional matters about which provision may be made in the regulations. In particular the regulations may make provision about the information and reports that need to be provided, the periods in relation to which information or reports are to be provided, the times at or by which they need to be provided, and the form and manner in which they may be provided. The regulations may also describe the persons who are “qualified persons” for the purposes of preparing the report that must accompany the information supplied by the landlord. Subsection (5) provides that the power under subsection (1) to make regulations is not limited in any way by the provisions of subsections (2) to (4).
996.Subsection (6) allows regulations made under section 21 to make different provision for different cases, descriptions of case or different purposes and to make supplementary, incidental, consequential, transitional or saving provision that is considered to be appropriate. Subsection (7) provides that, subject to subsections (8) and (9), the regulations will be subject to the negative procedure. Subsections (8) and (9) provides that the first use of the regulation making powers by the appropriate national authority will be subject to the affirmative resolution procedure. Subsection (10) contains definitions.
997.Paragraphs 3 to 8 of the Schedule make amendments to sections 21A, 22, 23, 26 and 27 of the 1985 Act, which are consequential on the new terminology used in section 21. These sections enable tenants to withhold service charges if the provisions in section 21 are not complied with, provide rights of inspection of supporting documentation, deal with the situation where information is held by a superior landlord or there is a change of landlord and provide for exceptions. These amendments ensure that these provisions reflect where necessary the new terminology used in section 21.
998.Paragraph 9 repeals section 28 of the 1985 Act, which defines the meaning of ‘qualified accountant’ for the purposes of providing a certificate supporting information supplied under the existing section 21. This is being replaced with the power to specify in regulations made under the new section 21(4) the persons who are qualified to provide a report on such information. Paragraph 10 removes the reference to “qualified accountant” in the index of defined expressions in the 1985 Act.
999.Paragraphs 11, 12 and 13 amend section 42A of the 1987 Act. These amendments will allow one or more trust funds containing service charge monies held on behalf of different groups of service charge payers to be held by the landlord in one designated client account. Provision is made for regulations to be made to ensure that funds cannot be moved between designated client accounts unless conditions specified in the regulations are met.
1000.The regulations to be made under section 42A may make different provision for different cases or different areas. The regulations are subject to the negative procedure.
1001.Paragraph 14 amends section 78 of the Leasehold Reform, Housing and Urban Development Act 1993 which defines the persons able to carry out a management audit of premises under rights provided to long leaseholders by the Act. Instead of referring to section 28 of the 1985 Act (which is being repealed under paragraph 9 of this Schedule), it inserts a new class of auditor, being a person who is a member of a body which is a recognised supervisory body for the purposes of Part 42 of the Companies Act 2006, and disqualifies certain persons.
1002.Schedule 13 amends Schedule 5 to the Housing Act 1985 with respect to final demolition notices and Schedule 5A to that Act with respect to initial demolition notices, so that these notices will remain in effect if the landlord sells or transfers the property to another landlord who intends to continue with the demolition plans. To ensure this, the second landlord will be required to serve a continuation notice confirming that he intends to continue with the demolition plans.
1003.A continuation notice must give reasons for the proposed demolition and specify which of the required conditions applies. The notice may not vary the planned demolition date nor the expiry date of the original demolition notice.
1004.The continuation notice is subject to the same requirements for notice and publication as the original demolition notice.
1005.Schedule 13 makes two further amendments. The first closes a loophole to prevent a landlord serving an initial demolition notice immediately after a final demolition notice has expired. The second amendment extends the maximum permitted lifetime of an initial demolition notice from 5 years to 7 years to reflect the extended timescale required for a number of regeneration schemes.
1006.Schedule 14 amends certain provisions of the Housing Act 1985, the Housing Act 1988, the Housing Act 1996, and repeals and amends provisions of the Leasehold Reform, Housing and Urban Development Act 1993. The provisions concern the requirement for consent from the Secretary of State to large scale disposals of housing by local authorities. The intention of the amendments is to remove the requirement that local authorities must apply to the Secretary of State annually to be included in a large scale disposals programme for a particular financial year. The amendments do, however, retain the requirement for Secretary of State consent and provide that the Secretary of State may consider the exchequer costs of such disposals before consent is granted. Notwithstanding removal of provisions concerning the large scale disposals programme, English local authorities will be expected to engage with the HCA at an early stage when considering a large scale disposal.
1007.Paragraph 1(2) amends section 34 of the Housing Act 1985, which applies to the grant of the Secretary of State’s consent under section 32 or 33 of the Housing Act 1985 for the disposal of land held for housing purposes by a local authority.
1008.Paragraph 1(2)(b) amends section 34 to provide that, when considering whether to grant consent, the appropriate national body (i.e. the Secretary of State, for England and the Welsh Ministers, for Wales) may, in the case of a large scale disposal, have regard to its estimate of the exchequer costs of such a disposal.
1009.Paragraph 1(2)(c) adds the provision that the appropriate national body may make assumptions as to what the exchequer costs might be and defines “dwelling-house”, “exchequer costs”, “housing subsidies”, “large scale disposal”, “long lease”, “relevant period”, and “subsidiary” for the purpose of those cost calculations. The amendment also gives the appropriate national body the power by order to change the number of dwelling-houses in the definition of “large-scale disposal”. The amendment also defines “a dwelling-house to be disregarded”, “associates”, and how the description of an authority might be framed for the purposes of the section.
1010.Paragraph 1(3) makes identical amendments to section 43 of the Housing Act 1985 in relation to large scale disposals. Section 43 relates to the appropriate national body’s powers to grant consent to a local authority to dispose of a house belonging to the local authority which fulfils certain conditions but is not held for housing purposes and is therefore not subject to consent under sections 32, 33 and 34 of the Housing Act 1985.
1011.Paragraph 2 makes consequential amendments to section 133(3) of the Housing Act 1988, which requires the consent of the appropriate national body before the first onward disposal of tenanted homes acquired after consent was given under either section 34 or 43 of the Housing Act 1985. This amendment seeks to preserve the status quo by ensuring the amendments to sections 34 or 43 do not apply. Section 133 requires that, before granting consent, the Secretary of State shall take into account such matters considered when granting the original consent under section 34 or 43. This amendment does not change the position. The Secretary of State is not required to consider the exchequer costs of a further disposal. This is because a further disposal should have no impact on exchequer costs. If a local authority is the onward transferor, and so the transfer will effectively be the first transfer away from local authority ownership, the Secretary of State will be required to give consent under section 32 or 43 of the Housing Act 1985 and so will be considering the exchequer costs in any event.
1012.Paragraph 3(2) repeals section 135 of the Leasehold Reform, Housing and Urban Development Act 1993. Section 135 requires that a local authority cannot dispose of more than 499 dwelling-houses (i.e. a large scale disposal) within a particular period without having first been accepted on to an annual disposals programme run by the Secretary of State.
1013.Paragraph 3(3) amends section 136 of the Leasehold Reform, Housing and Urban Development Act 1993 to retain definitions included in section 135, including an expanded definition of “subsidiary”, which would otherwise be repealed.
1014.Paragraph 3(4) repeals certain transitional provisions relating to section 135 of the Leasehold Reform, Housing and Urban Development Act 1993, which are now redundant.
1015.Paragraph 4 amends the definitions of “social landlords” and “registered bodies” in section 51(2)(b), paragraph 5(1)(b) of Part 2 and paragraph 28(1)(b) of Part 4 of Schedule 1 to the Housing Act 1996. Those definitions included a body which had been the recipient of a large scale disposal of property by a local authority under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993. This amendment ensures that the definitions capture organisations that in the past had inherited a large number of homes as a consequence of the (to be repealed) section 135 of the Leasehold Reform, Housing and Urban Development Act 1993, and, also, organisations that will in the future inherit such homes further to (amended) sections 34 and 43 of the Housing Act 1985.
1016.Schedule 15 amends section 185(4) of the Housing Act 1996 (“the 1996 Act”), section 119(1) of the Immigration and Asylum Act 1999 and Article 7A(4) of the Housing (Northern Ireland) Order 1998. These provisions had previously required local housing authorities in England, Wales and Scotland (and the Housing Executive in Northern Ireland) to disregard ineligible household members when deciding whether an applicant for housing assistance is homeless or has a priority need for accommodation. The effect of Schedule 15 is that the disregards no longer apply in the case of an applicant for housing assistance who is a British citizen, a Commonwealth citizen with a right of abode in the UK, or an EEA or Swiss national exercising an EU Treaty right to reside in the UK.
1017.Schedule 15 also changes the way in which the duty owed to applicants who are found to be homeless and to have a priority need only by reliance on a household member who is a “restricted person” (a person who requires leave to enter or remain in the UK and does not have it, or a person who does have the required leave but that leave was granted on the condition that the person would have “no recourse to public funds”) may be discharged. In such a case, local housing authorities and the Housing Executive in Northern Ireland are required, so far as possible, to bring their duty to secure accommodation to an end by ensuring that an offer of accommodation for a period of at least 12 months in the private rented sector is made to the applicant. If such an offer is made the duty is discharged whether or not the applicant accepts the offer.
1018.Schedule 15 also provides that those applicants who are owed a homelessness duty only because they relied on a restricted person to convey homelessness or priority need do not attract priority for an allocation of social housing.
1019.Part 1 of Schedule 15 makes provision in respect of England and Wales.
1020.Paragraph 2 amends section 167 of the 1996 Act such that applicants who are owed a homelessness duty under Part 7 of the 1996 Act only by reliance on a restricted person do not attract reasonable preference for an allocation of social housing.
1021.Paragraph 3 amends section 184 of the 1996 Act such that where a local housing authority decide that an applicant is owed a homelessness duty only by reliance on a restricted person, they must inform him of that fact, explain the reasons for the decision, and explain the nature of the duty owed to him as a result. Paragraph 3 also sets out the definition of ‘restricted person’.
1022.Paragraph 4 amends section 185 of the 1996 Act such that local housing authorities are required to disregard a housing applicant’s ineligible household members only if the applicant is a person subject to immigration control who is not a national of an EEA State or Switzerland.
1023.Paragraph 5 amends section 193 of the 1996 Act (duty owed to applicants who are eligible for assistance, unintentionally homeless and in priority need). It provides that, where the duty to secure that accommodation is available is owed only because the applicant has relied on a restricted person, the local housing authority must, so far as reasonably practicable, bring the duty to an end with a private accommodation offer. A ‘private accommodation offer’ is an offer of an assured shorthold tenancy made by a private landlord for a fixed term of at least 12 months with the approval of, and by arrangement with, the local authority. The making of such an offer to the applicant brings the duty to an end regardless of whether the applicant accepts it.
1024.Paragraph 6 amends section 195 of the 1996 Act (duty owed to applicants who are eligible for assistance, unintentionally threatened with homelessness and in priority need). It provides that where the duty to secure that accommodation does not cease to be available is owed only because the applicant has relied on a restricted person and the authority discharge the duty by securing alternative accommodation for the applicant, the local housing authority must, so far as reasonably practicable, bring the duty to an end with a private accommodation offer in the same way as for section 193 (see paragraph 5 of the Schedule).
1025.Paragraph 7 amends section 202 of the 1996 Act such that applicants have a right to ask for a review of the suitability of accommodation offered as a ‘private accommodation offer’.
1026.Part 2 of Schedule 15 makes amends the Housing (Scotland) Act 1987 and the Housing (Northern Ireland) Order 1988 to make changes to the homelessness legislation for Scotland and Northern Ireland which are similar to those made to the 1996 Act for England and Wales.
1027.Paragraph 22 in Part 2 of Schedule 15 amends section 119 of the Immigration and Asylum Act 1999, which makes equivalent provision for Scotland and Northern Ireland as made by section 185(4) of the 1996 Act for England and Wales. The effect is that local authorities in Scotland and the Housing Executive in Northern Ireland are required to disregard a housing applicant’s ineligible household members only if the applicant is a person subject to immigration control who is not a national of an EEA State or Switzerland.
1028.Part 3 of Schedule 15 makes consequential amendments to the Criminal Justice and Immigration Act 2008.
1029.Schedule 16 contains the repeals of various enactments and will be supplemented by orders made under the power of the Secretary of State under section 321 (power to make further amendments and repeals).
1030.An impact assessment of the Act’s provisions has been published alongside this Act. It can be read on the Department for Communities and Local Government website at www.communities.gov.uk. Details of the carbon impact of each of the Act's provisions can be found in the Impact Assessment.
1031.Section 325 makes provision about commencement. In general the provisions of the Act will be brought into force by order made by the Secretary of State on such days as may be appointed. Certain provisions of the Act come into force on the day on which the Act is passed; these are set out in subsection (6) of section 325. Certain provisions of the Act come into force at the end of the period of two months beginning with the day on which the Act is passed; these are set out in subsections (2)(a) and (b) of section 325. Certain provisions will be brought into force in relation to Wales by order made by the Welsh Ministers; these are set out in subsection (3) of section 325. All other provisions will come into force on days appointed by the Secretary of State by order (subsection (1)(4)(a)).
| Provisions | Sections and Schedules that affect the powers of the National Assembly for Wales |
|---|---|
| The Homes and Communities Agency | Section 50 introduces Schedule 5 which amends the New Towns Act 1981 and transfers Welsh functions of the Commission for the New Towns to the Welsh Ministers. Section 51 makes provision for the transfer of any residual assets of the Commission for the New Towns in Wales to the Welsh Ministers. |
| Sustainability certificates | Sections 279 - 293 provide for the introduction of sustainability rating for new homes in England and Wales. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Tenant empowerment | Section 295 extends the list of matters that might be included in regulations imposing requirements on a local housing authority to enter into a management agreement with a tenant management organisation by amending the existing regulation making power in section 27AB of the Housing Act 1985. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. Section 296 enables regulations to be made requiring a local housing authority to take forward a proposal for the transfer of the ownership of part of its social housing stock if requested to do so by tenants of those homes. The detailed provision will be set out in regulations made by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Family intervention tenancies | Sections 297 and 298 will enable local housing authorities and registered providers of social housing in England and registered social landlords in Wales to offer tenancies which will not be secure or assured tenancies to certain tenants who have lost or are potentially at risk of losing their secure or assured tenancy. These tenancies will be offered for the purposes of providing behavioural support services to tenants against whom a possession order for anti-social behaviour has been made or to tenants who could face possession proceedings on the grounds of anti-social behaviour. The provisions contain regulation making powers that will be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. The provisions will also be commenced separately for England and Wales by orders made by the Secretary of State and Welsh Ministers respectively. |
| Possession orders relating to certain tenancies | Section 299 introduces Schedule 11 which includes eight delegated powers in relation to tolerated trespassers to be exercised by the Secretary of State in relation to England and by the Welsh Ministers in relation to Wales. |
| Leasehold enfranchisement | Section 300 removes the low rent test in both England and Wales as a means of determining eligibility for enfranchisement (acquisition of the freehold) in relation to shared ownership houses. Sections 301 and 302 enable the Secretary of State in relation to England and the Welsh Ministers in relation to Wales to make separate regulations designating protected areas and to prescribe additional conditions to be included in shared ownership leases. |
| Service charges: provision of information and designated accounts | Section 303 introduces Schedule 12 which makes changes to the requirements in the 1985 and 1987 Landlord and Tenant Acts about the information landlords will be required to supply to service charge payers and how service charges monies are held. The provisions contain regulation making powers that will be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. The provisions will also be commenced separately for England and Wales by orders made by the Secretary of State and Welsh Ministers respectively. |
| Right to buy etc: miscellaneous | Section 308 extends the scope of an existing power to make regulations regarding loans in respect of service charges on former right to buy flats and other housing authority flats. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. Section 309 gives the appropriate national authority power to make regulations providing that a housing authority may purchase an equitable interest in a leasehold property of which it is a landlord. The power will be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Disposals of dwelling-houses by local authorities | Section 311 and Schedule 14 remove the requirement that local authorities must apply to the appropriate national body annually to be included in a large scale disposals programme for a particular financial year while enabling the appropriate national body to still consider the exchequer costs of any large scale disposals, by repealing section 135 of the Leasehold Reform, Housing and Urban Development Act 1993, and making consequential amendments to the Housing Act 1985, Housing Act 1988 and Housing Act 1996. The appropriate national body is the Secretary of State in relation to England and the Welsh Ministers in relation to Wales. |
| Financial assistance for information and other services | Section 312 widens the existing power contained in section 94 of the Housing Act 1996 for the Secretary of State in England and the Welsh Ministers in Wales to provide financial assistance for the giving of general advice in respect of residential landlord and tenant law, including advice about estate management schemes in connection with enfranchisement, information and training and running an alternative dispute resolution service. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Housing Revenue Account subsidy | Section 313 disapplies sections 79 to 80A of the Local Government and Housing Act 1989 where an agreement exists between the appropriate person and a local housing authority. Such an agreement would have the effect that no Housing Revenue Account Subsidy was payable by or to the appropriate person in respect of properties covered by the agreement. The appropriate person is the Secretary of State in relation to England and Welsh Ministers in relation to Wales. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Armed forces: alteration of “local connection” test | Section 315 amends section 199 of the Housing Act 1996, which sets out the circumstances when a person has a local connection with the district of a local housing authority. The provision will be commenced separately by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Protected mobile home sites to include sites for gypsies and travellers | Section 318 will be commenced separately by orders made by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. |
| Part 4 – Supplementary and final provisions | Sections 321 and 322 confer certain order-making powers on the Welsh Ministers in connection with supplementary, incidental, consequential, transitional, transitory or saving provisions. |
1032.The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament:
| Stage | Date | Hansard Reference |
|---|---|---|
| House of Commons | ||
| 1st Reading | 15th November 2007 | Vol. 467, No. 7, Col. 834 |
| 2nd Reading | 27th November 2007 | Vol. 468, No. 13, Cols 145 - 252 |
| Committee | 11th December 2007 – 31st January | Official Report, Housing and Regeneration Bill, Public Bill Committee: 1st – 17th sittings |
| Report and 3rd Reading | 31st March 2008 | Vol. 474, No. 75, Cols 443 - 574 |
| House of Lords | ||
| 1st Reading | 1st April 2008 | Vol. 700, No. 75, Col. 1038 |
| 2nd Reading | 28th April 2008 29th April 2008 |
Vol. 701, No. 83, Cols 40 – 120 Vol. 701, No. 84, Col. 131 |
| Committee | 13th May 2008 19th May 2008 3rd June 2008 4th June 2008 10th June 2008 11th June 2008 16th June 2008 18th June 2008 23rd June 2008 |
Vol. 701, No. 91, Cols GC263 – GC320 Vol. 701, No. 95, Cols GC427 – GC482 Vol. 702, No. 100, Cols GC1 – GC60 Vol. 702, No. 101, Cols GC61 – GC110 Vol. 702, No. 104, Cols GC133 – GC196 Vol. 702, No. 105, Cols GC197 – GC248 Vol. 702, No. 108, Cols GC303 – GC360 Vol. 702, No. 110, Cols GC389 – GC444 Vol. 702, No. 112, Cols GC495 - GC560 |
| Report | 7th July 2008 9th July 2008 |
Vol. 703, No. 121, Cols 518 – 568 592 – 622 Vol. 703, No.123, Cols 752 - 823 |
| 3rd Reading | 17th July 2008 | Vol. 703, No. 128, Cols 1328 – 1346 |
| House of Commons | ||
| Commons Consideration of Lords Amendments | 21st July 2008 | Vol. 479, No. 132, Cols 578 – 619 |
| Royal Assent | 22nd July 2008 | House of Lords Vol. 703, No. 131, Col. 1688 House of Commons Vol. 479, No. 133, Col. 1688 |
Housing and Regeneration Act 2008