Renters' Rights Bill 2024-26

62

Clause 88, page 110, line 1, leave out from “is” to end of line 3 and insert “Ground 14(b) in Part 2 of Schedule 2 to this Act”

Gov 12

Clause 4, page 5, line 3, after “5H” insert “or Ground 6ZA”

Gov 13

Clause 4, page 5, line 23, leave out the words from "(a)," to the end of the line and insert "for ", 2, 5" substitute "to 5H, 6ZA, 6A"

Gov 14

Clause 4, page 5, line 25, at end insert—“(5B) In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if—(a) in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted; (b) in the general redevelopment conditions, paragraph (f) was omitted; (c) in the landlord's acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose."

Gov 15

Clause 4, page 5, line 26, leave out “(5B)” and insert “(5C)”

Gov 16

Clause 4, page 5, line 40, at end insert—“(5D) In subsection (5B), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.””

Gov 17

Clause 4, page 6, line 15, after “6” insert “, 6ZA”

Gov 27

Clause 9, page 13, line 23, leave out from “rent” to “as" in line 24 and insert—“for days after end of tenancy (1) A person who paid rent”

Gov 28

Clause 12, page 17, line 18, after “5H” insert “, 6ZA”

Gov 29

Clause 13, page 18, line 19, after “5H” insert “, 6ZA”

Gov 30

Page 32, line 33, leave out Clause 21

Gov 34

Clause 30, page 39, leave out lines 18 to 20 and insert—“Fixed term tenancies of more than 21 years 3D A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy. Fixed term tenancies of 7 to 21 years granted before the Renters' Rights Act 2024 3E (1) A tenancy of a term certain of—(a) 21 years or less, but (b) more than 7 years, from the date of the grant of the tenancy. (2) This paragraph applies only to tenancies entered into—(a) before the day on which the Renters' Rights Act 2024 was passed, (b) during the period of two months beginning with that day, or (c) after the end of that period under a contract entered into before the end of that period. Regulated home purchase plans 3F (1) A tenancy which, when it is granted, forms part of a regulated home purchase plan. (2) In this paragraph "regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544). (3) The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000. (4) Regulations under this paragraph—(a) may make different provision for different purposes; (b) are to be made by statutory instrument. (5) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."

Gov 35

Clause 63, page 92, line 8, leave out "level" and insert "amount or amounts"

Gov 36

Clause 63, page 92, line 12, leave out sub-paragraph (ii) and insert—“(ii) about the amount or amounts of those fees,”

Gov 37

Clause 63, page 92, line 41, at end insert—“(4A) Fee conditions relating to—(a) fees payable in respect of compulsory aspects of the scheme may provide for the amount or amounts of the fees to be calculated by reference to such of the scheme costs as may be specified in the regulations, which may include scheme costs relating to the voluntary aspects of the scheme; (b) fees payable in respect of voluntary aspects of the scheme must provide for the amount or amounts of the fees to be calculated so that (taking one year with another) they are sufficient to meet such of the costs of the voluntary aspects of the scheme as may be specified in the regulations.”

Gov 38

Clause 63, page 93, line 16, leave out paragraph (e)

Gov 39

Clause 63, page 93, line 34, at end insert—““costs of the voluntary aspects”, in relation to a scheme, means the scheme costs if, or to the extent that, they relate to the voluntary aspects of the scheme (including scheme costs that are attributed to the voluntary aspects of the scheme); "fee condition” means a condition set out in regulations by virtue of subsection (3)(h) or (i)(ii); "scheme costs”, in relation to a scheme, means the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—(a) the establishment and administration of the scheme (including the investigation and determination of complaints under the scheme); (b) the performance of any other functions under this Chapter; (c) the performance of any other functions under this Chapter; including such costs that are, or are likely to be incurred by—(a) the administrator of a redress scheme, or (b) the individual responsible for overseeing and monitoring the investigation and determination of complaints under the scheme, in connection with enforcement by other persons of requirements imposed by or under this Chapter.”

NC22

To move the following Clause—<br> <b>“Requirement on landlords to pay for alternative accommodation</b><br> In section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England), after subsection(1) insert—”<br> A landlord must hold appropriate insurance for the purposes of paying any costs under subsection (1A).””

NC23

To move the following Clause—<br> <b>“Permission for home adaptations</b><br> (1) The Housing Act 1988 is amended as follows.<br> (2) After section 16 insert—<br> <b>“16A</b> <b>Home adaptations</b><br> (1) It is an implied term of every assured tenancy that a landlord shall give permission for adaptations where a local council has carried out a Home Assessment and recommends adaptations which constitute reasonable adjustments under the Equality Act 2010.<br> (2) A tenant may appeal a landlord’s refusal to give permission for such adaptations.””

<p>This new clause would ensure that landlords of private and social tenancies provide permission for home adaptations for people who have disabilities where a Home Assessment has been carried out.</p>

NC24

To move the following Clause—<br> <b>“Discrimination relating to requirement for home adaptations</b><br> A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—<br> (a) on the basis that a person does or may require home adaptations, prevent the person from—<br> (i) enquiring whether the dwelling is available for let,<br> (ii) accessing information about the dwelling,<br> (iii) viewing the dwelling in order to consider whether to seek to rent it, or<br> (iv) entering into a tenancy of the dwelling, or<br> (b) apply a provision, criterion or practice in order to make people requiring home adaptations less likely to enter into a tenancy of the dwelling than people who do not require home adaptations.”

NC17

To move the following Clause—<br> <b>“Use of licence conditions to improve housing conditions</b><br> In <br> section 90 of the Housing Act 2004<br> , for subsection (1) substitute—<br> “(1) A licence may include such conditions as the local housing authority consider appropriate for regulating all or any of the following—<br> (a) the management, use and occupation of the house concerned, and<br> (b) its condition and contents.””

<p>This new clause would enable local authorities operating selective licensing schemes to use licence conditions to improve housing conditions.</p>

NC18

To move the following Clause—<br> <b>“Increases to duration of discretionary licensing schemes</b><br> (1) The Housing Act 2004 is amended as follows.<br> (2) In <br> section 60(2)<br> , omit “five” and insert “ten”.<br> (3) In <br> section 84(2)<br> , omit “five” and insert “ten”.”

<p>This new clause would increase the maximum duration of additional HMO licensing schemes and selective licensing schemes from five to ten years.</p>

NC19

To move the following Clause—<br> <b>“Assessment of operation of possession process</b><br> (1) The Lord Chancellor must prepare an assessment of the operation of the process by which—<br> (a) on applications made by landlords, the county court is able to make orders for the possession of dwellings in England that are let under assured and regulated tenancies, and<br> (b) such orders are enforced.<br> (2) The Lord Chancellor must publish the assessment at such time, and in such manner, as the Lord Chancellor thinks appropriate.<br> (3) In this section—<br> “assured tenancy” means an assured tenancy within the meaning of the 1988 Act;<br> “dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling;<br> “regulated tenancy” means a regulated tenancy within the meaning of the Rent Act 1977.”

NC20

To move the following Clause—<br> <b>“Review of the impact of the Act on the housing market</b><br> (1) The Secretary of State must publish an annual report outlining the impact of the provisions of this Act on the housing market in the UK.<br> (2) A report under this section must include the impact of this Act on—<br> (a) the availability of homes in the private rental sector;<br> (b) rents charged under tenancies;<br> (c) house prices; and<br> (d) requests for social housing.<br> (3) A report under this section must be laid before Parliament.”

NC21

To move the following Clause—<br> <b>“Appropriate insurance products to be available to landlords</b><br> The Secretary of State must, within six months of the passing of this Act, consult with representatives of the insurance sector to ensure that—<br> (1) sufficient and appropriate insurance products will be available for landlords wishing to let a property to a tenant who—<br> (a) is in receipt of benefits; or<br> (b) will be keeping a pet in the property during their tenancy; and<br> (2) such insurance products will not disadvantage landlords wishing to let a property to a such tenant or dissuade them from doing so.”

57

Clause 1, page 1, line 13, at end insert “unless the tenant meets the student test where the tenancy is entered into.<br> (1A) For the purposes of this section, a tenant who meets the student test when a tenancy is entered into has the same meaning as in Ground 4A.”

58

Clause 1, page 1, line 13, at end insert “unless the landlord and the tenant mutually agree to have a fixed term during which period the landlord agrees to suspend the ability to seek possession under Ground 1 (Occupation by landlord or family), Ground 1A (Sale of dwelling-house) or Ground 6 (Redevelopment) of Schedule 2.<br> (1A) During a fixed term tenancy agreed under subsection (1) the landlord shall not be entitled to increase the rent as provided for by section 13.”

60

Clause 1, page 1, line 13, at end insert “unless the landlord acts as landlord for fewer than five properties.”

55

Clause 8, page 11, line 27, at end insert—<br> “(4A) In subsection (2), after paragraph (b) insert—<br> “(ba) any change in the value of the dwelling-house resulting from improvement works to the property facilitated by any means-tested energy efficiency grant scheme””

<p>This amendment would ensure that improvements to a property facilitated by means-tested energy efficiency grant schemes can be disregarded by a tribunal determining a new rent for the property, and can therefore not be used as grounds for increasing rent levels.</p>

61

Clause 11, page 16, line 26, at end insert—<br> “(4) The Secretary of State must consult with representatives of the insurance sector before this section comes into effect to ensure that appropriate insurance products are available for tenants whose landlords have required insurance as a condition for consenting to the keeping of a pet.”

56

Clause 142, page 151, line 9, leave out from “subject to” to the end of line 27 and insert “the publication of an assessment under section <br>[<i>Assessment of operation of possession process</i>].<br>”[Assessment of operation of possession process].

59

Schedule 1, page 168, line 25, at end insert—<br> “20A After Ground 6 insert—<br> <i class="text-centre">“Ground 6ZA</i><br> The landlord or superior landlord who is seeking possession intends to undertake such works as are necessary to ensure that the property meets the standards set out by regulations under <br> section 2A of the Housing Act 2004<br> and the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—<br> (a) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or<br> (b) the nature of the intended work is such that no such variation is practicable, or<br> (c) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or<br> (d) the nature of the intended work is such that such a tenancy is not practicable.””

NC13

To move the following Clause—<br> <b>“Prohibition of rent in advance after lease entered into (except initial rent)</b><br> In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—”<br> But subsection (1) does not apply—<br> (6)(a)<br> (6)(b)<br> Schedule 2 to the Tenant Fees Act 2019<br> The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply.<br> Regulations under subsection (9)—<br> A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.<br> Part 2 of the Housing and Regeneration Act 2008<br> an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness);<br> (6)(b);<br> “substitute rent day” means the day determined in accordance with subsection (4) or (5).””

<p>This modifies the terms of an assured tenancy to disapply terms which provide for rent to be due in advance, unless it is rent for the first rent period, or a subsequent rent period ending within the first 28 days of the tenancy, and is due between the tenancy being entered into and the term of the tenancy beginning.</p>

NC14

To move the following Clause—<br> <b>“Prohibition of rent in advance before lease entered into</b><br> (1) Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is amended in accordance with subsections (2) and (3).<br> Schedule 1 to the Tenant Fees Act 2019<br> (2) After <br> paragraph 1(1)<br> (rent is a permitted payment) insert—<br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1A)</span><span class="sub-para-text">But a payment of rent is a prohibited payment if—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">it is payable before the tenancy is entered into, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the tenancy is an assured tenancy.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1B)</span><span class="sub-para-text">This paragraph is subject to paragraph 1A.”</span></span><br> (3) For <br> sub-paragraph (2) of paragraph 1<br> substitute— <br> <i class="text-centre">“Increased rent</i><br> 1A <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">If the amount of rent payable in respect of any relevant period (“P1”) is more than the amount of rent payable in respect of any later relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">That is subject to the following provisions of this paragraph.”</span></span><br> (4) After <br> section 5 of the Tenant Fees Act 2019<br> insert—<br> <i class="text-centre">“Other provision about rent in advance</i><br> <b>5A</b> <b>Pre-tenancy payments of rent: prohibitions</b><br> (1) A landlord must not—<br> (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England,<br> (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or<br> (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.<br> (2) A landlord must not—<br> (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England,<br> (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or<br> (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.<br> (3) A letting agent must not—<br> (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England,<br> (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or<br> (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.<br> (4) A letting agent must not—<br> (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England,<br> (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or<br> (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.<br> (5) The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies.<br> For this purpose “rent due in advance” means rent due before the period for which it is payable.<br> (6) Regulations under subsection (5)—<br> (a) may make different provision for different purposes;<br> (b) may make supplemental, incidental, consequential, transitional, transitory or saving provision;<br> (c) are to be made by statutory instrument.<br> (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.<br> (8) In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1.<br> <i class="text-centre">5B</i><br> <i class="text-centre">Effect of a breach of section 5A</i><br> (1) A term of an agreement between a letting agent and a relevant person which breaches section 5A is not binding on a relevant person.<br> (2) Where a term of an agreement is not binding on a relevant person as a result of this section, the agreement continues, so far as practicable, to have effect in every other respect.”<br> (5) The Tenant Fees Act 2019 is further amended as follows—<br> (a) in section 6 (enforcement by local weights and measures authorities)—<br> (i) in subsection (1), in paragraph (b) omit “and” and after that paragraph insert—;<br> section 5A (pre-tenancy payments of rent: prohibitions), and”<br> (ii) in subsection (3), for “or 2” substitute “, 2 or 5A”;<br> (b) in section 7 (enforcement by district councils), in subsection (1), for “and 2” substitute “, 2 and 5A”;<br> (c) in section 8 (financial penalties), in subsection (1), for “or 2” substitute “, 2 or 5A”;<br> (d) in section 10 (recovery by enforcement authority of amount paid)—<br> (i) in , for “or 2” substitute “, 2 or 5A”;<br> subsection (1)(a)<br> (ii) after subsection (2) insert—;<br> But that obligation to pay the amount, or remaining part, of the prohibited payment is subject to subsection (3), unless it is a case where the payment is prohibited by paragraph 1(1A) of Schedule 1 (pre-tenancy payment of rent).”<br> (iii) in subsection (3), for “But subsection (2) does not apply in relation to a prohibited payment” substitute “Subsection (2) does not apply in relation to the prohibited payment”;<br> (e) in section 15 (recovery by relevant person of amount paid), in subsection (1)(a), for “or 2” substitute “, 2 or 5A”.”

<p>This amends the Tenant Fees Act 2019 so that rent in advance payable before the tenancy is entered into is a “prohibited payment” for the purposes of that Act. The new section 5A then also adds new prohibitions relating to that kind of prohibited payment.</p>

NC15

To move the following Clause—<br> <b>“Guarantor not liable for rent payable after tenant’s death</b><br> In the 1988 Act, after section 16M (inserted by section 17 of this Act) insert—”<br> <math><mfrac><mi>D</mi><mi>T</mi></mfrac><mo>×</mo><mi>R</mi></math><br> <i class="text-centre">Section 16N: application and interpretation</i><br> Section 16N applies to a guarantee—<br> In section 16N and this section—<br> section 143(3)<br> “family member” is to be read in accordance with subsections (3) and (4);<br> For the purposes of section 16N, the guarantor is a family member of the following persons—<br> a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b).<br> If, in accordance with subsection (3), a person (F)—<br> <span class="wrapped">F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)).””</span>

<p>This limits a guarantor’s liability for rent following the death of the tenant.</p>

NC16

To move the following Clause—<br> <b>“Limitation on obligation to pay removal expenses</b><br> (1) Section 11 of the 1988 Act (payment of removal expenses) is amended as follows.<br> (2) In the heading, after “expenses” insert “by social landlords”.<br> (3) Before subsection (1) insert—<br> “(A1) This section applies to a dwelling-housing let on an assured tenancy if—<br> (a) the landlord is a relevant social landlord, and<br> (b) the dwelling-house is social housing.”<br> (4) In subsection (1), for “a dwelling-house let on an assured tenancy on Ground 6 or Ground 9” substitute “the dwelling-house on Ground 6, 6ZA or 9”.<br> (5) After subsection (1) insert—<br> “(1A) If the court makes the order for possession on Ground 6 in circumstances where—<br> (a) the additional RSL condition is met, and<br> (b) that condition is met in case B (alternative accommodation provided temporarily until other alternative accommodation becomes available),<br> <span class="wrapped">the landlord must also pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the alternative accommodation provided temporarily.”</span><br> (6) In subsection (2), after “(1)” insert “or (1A)”.<br> (7) After subsection (3) insert—<br> “(4) In this section—<br> “relevant social landlord” means—<br> (a) a private registered provider of social housing,<br> (b) a body registered as a social landlord in the register maintained under <br> section 1 of the Housing Act 1996<br> ,<br> (c) a body registered as a social landlord in the register kept under <br> section 20(1) of the Housing (Scotland) Act 2010<br> , or<br> (d) a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity;<br> “social housing” has the same meaning as in <br> Part 2 of the Housing and Regeneration Act 2008<br> .””

<p>This replaces clause 21. It expands section 11 of the Housing Act 1988 to cover possession on the new Ground 6ZA and limits the availability of removal expenses to cases where the landlord is a “relevant social landlord” and the dwelling-house is social housing.</p>

12

Clause 4, page 5, line 3, after “5H” insert “or Ground 6ZA”

<p>This is consequential on Amendment 22.</p>

13

Clause 4, page 5, line 23, leave out the words from “(a),” to the end of the line and insert “for “, 2, 5” substitute “to 5H, 6ZA, 6A”

<p>This replaces the amendment to section 7(5A)(a) of the Housing Act 1988 with a new amendment to take full account of the changes to the grounds under Schedule 2 to that Act made by Part 1 of the Bill.</p>

14

Clause 4, page 5, line 25, at end insert—<br> “(5B) In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under <br> Schedule 10 to the Local Government and Housing Act 1989<br> , Ground 6 is to apply as if—<br> (a) in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted;<br> (b) in the general redevelopment conditions, paragraph (f) was omitted;<br> (c) in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose.”

<p>This inserts a further amendment into section 7 of the Housing Act 1988 to take full account of the changes to the grounds under Schedule 2 to that Act made by Part 1 of the Bill.</p>

15

Clause 4, page 5, line 26, leave out “(5B)” and insert “(5C)”

<p>This amendment is consequential on Amendment 14.</p>

16

Clause 4, page 5, line 40, at end insert—<br> “(5D) In subsection (5B), a reference to a “long residential tenancy” is a reference to a tenancy to which <br> Schedule 10 to the Local Government and Housing Act 1989<br> applies.””

<p>This amendment is consequential on Amendment 14.</p>

17

Clause 4, page 6, line 15, after “6” insert “, 6ZA”

<p>This is consequential on Amendment 22.</p>

27

Clause 9, page 13, line 23, leave out from “rent” to “as” in line 24 and insert—<br> <b>“for days after end of tenancy</b><br> (1) A person who paid rent”

<p>This provides that the right to repayment of rent paid for days after a tenancy ends arises whenever the rent is paid.</p>

28

Clause 12, page 17, line 18, after “5H” insert “, 6ZA”

<p>This is consequential on Amendment 22.</p>

29

Clause 13, page 18, line 19, after “5H” insert “, 6ZA”

<p>This is consequential on Amendment 22.</p>

30

Page 32, line 33, leave out Clause 21

<p>This is replaced by NC16.</p>

34

Clause 30, page 39, leave out lines 18 to 20 and insert—<br> <i class="text-centre">“Fixed term tenancies of more than 21 years</i><br> 3D A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy.<br> <i class="text-centre">Fixed term tenancies of 7 to 21 years granted before the Renters’ Rights Act 2024</i><br> 3E <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A tenancy of a term certain of—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">21 years or less, but</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">more than 7 years,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">from the date of the grant of the tenancy.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">This paragraph applies only to tenancies entered into—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">before the day on which the Renters’ Rights Act 2024 was passed,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">during the period of two months beginning with that day, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">after the end of that period under a contract entered into before the end of that period.</span></span><br> <i class="text-centre">Regulated home purchase plans</i><br> 3F <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A tenancy which, when it is granted, forms part of a regulated home purchase plan.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In this paragraph “regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Regulations under this paragraph—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">may make different provision for different purposes;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">are to be made by statutory instrument.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”</span></span>

<p>The Bill currently provides that a fixed term tenancy of more than 7 years is not an assured tenancy. This moves the boundary from 7 years to 21 years. It also provides for other kinds of leases not to be assured tenancies: existing leases of between 7 and 21 years; and leases in a “regulated home purchase plan”.</p>

35

Clause 63, page 92, line 8, leave out “level” and insert “amount or amounts”

<p>This makes the wording here consistent with Amendment 40.</p>

36

Clause 63, page 92, line 12, leave out sub-paragraph (ii) and insert—<br> “(ii) about the amount or amounts of those fees,”

<p>This replaces “level” with “amount or amounts” (for consistency with Amendment 40) and omits other provision which is replaced by provision contained in Amendment 37.</p>

37

Clause 63, page 92, line 41, at end insert—<br> “(4A) Fee conditions relating to—<br> (a) fees payable in respect of compulsory aspects of the scheme may provide for the amount or amounts of the fees to be calculated by reference to such of the scheme costs as may be specified in the regulations, which may include scheme costs relating to the voluntary aspects of the scheme;<br> (b) fees payable in respect of voluntary aspects of the scheme must provide for the amount or amounts of the fees to be calculated so that (taking one year with another) they are sufficient to meet such of the costs of the voluntary aspects of the scheme as may be specified in the regulations.”

<p>This deals with how the amount or amounts of fees paid by members of a redress scheme are to be calculated. In particular, fees payable in respect of the compulsory aspects of the scheme could recover scheme costs which relate to the voluntary aspects of the scheme.</p>

38

Clause 63, page 93, line 16, leave out paragraph (e)

<p>This omits provision which is replaced by provision contained in Amendment 37.</p>

39

Clause 63, page 93, line 34, at end insert—<br> ““costs of the voluntary aspects” , in relation to a scheme, means the scheme costs if, or to the extent that, they relate to the voluntary aspects of the scheme (including scheme costs that are attributed to the voluntary aspects of the scheme);<br> “fee condition” means a condition set out in regulations by virtue of subsection or (i)(ii);<br> (3)(h)<br> “scheme costs” , in relation to a scheme, means the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—<br> (a) the establishment and administration of the scheme (including the investigation and determination of complaints under the scheme);<br> (b) the performance of any other functions under this Chapter;<br> (c) the performance of any other functions under the scheme;<br> including such costs that are, or are likely to be incurred by—<br> (a) the administrator of a redress scheme, or<br> (b) the individual responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,<br> <span class="wrapped">in connection with enforcement by other persons of requirements imposed by or under this Chapter.”</span>

<p>This sets out definitions of terms used in Amendment 37.</p>

40

Clause 79, page 102, leave out from line 23 to “be” in line 37 and insert—<br> “(2) The regulations must—<br> (a) specify the amount or amounts of the fee, or<br> (b) provide for the amount or amounts of the fee to be determined by the database operator by reference to such of the relevant costs as may be specified in the regulations.<br> (3) The amount or amounts specified in the regulations under <br> subsection (2)(a)<br> may be calculated by reference to the relevant costs.<br> (3A) The “relevant costs” are the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—<br> (a) the establishment and operation of the database;<br> (b) the enforcement of requirements imposed by or under this Chapter;<br> (c) the performance of any other functions under this Chapter;<br> (d) the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.<br> (3B) The amount or amounts specified in the regulations under <br> subsection (2)(a)<br> or determined in accordance with <br> subsection (2)(b)<br> may, in the case of a fee charged for an entry in the database to become active again after becoming inactive as a result of provision made by virtue of section 77(2)(a),”

<p>These changes enable fees charged in relation to the private rented sector database to be set by reference to costs associated with or likely to be associated with the relevant costs (as defined) as well as by reference to costs relating to the enforcement of any requirements under the Renters’ Rights Act or otherwise relating to the private rental sector.</p>

41

Clause 79, page 103, line 7, at end insert—<br> “(7) For the purposes of this section—<br> requirements <br> “in relation to the private rented sector” means requirements relating to—<br> (a) residential premises in England that are let, or intended to be let, under a tenancy;<br> (b) the common parts of such premises;<br> (c) the activities of a landlord under a tenancy of residential premises in England;<br> (d) the activities of a superior landlord in relation to such a tenancy;<br> (e) the activities of a person carrying on English letting agency work within the meaning of <br> section 54 of the Housing and Planning Act 2016<br> in relation to such premises;<br> (f) the activities of a person carrying on English property management work within the meaning of <br> section 55 of the Housing and Planning Act 2016<br> in relation to such premises;<br> “residential premises” has the meaning given by <br> section 1 of the Housing Act 2004<br> except that it does not include social housing within the meaning of <br> Part 2 of the Housing and Regeneration Act 2008<br> ;<br> “tenancy” includes a licence to occupy.”

<p>This defines what requirements in relation to the private rented sector and other terms mean for the purpose of the amendment inserted by Amendment 40.</p>

11

Clause 96, page 114, line 22, at end insert—<br> “(1A) In section 40 (introduction and key definitions), in subsection (1) after “has” insert—<br> “breached a requirement imposed by sections 62(1) or 80(3) of the Renters’ Rights Act 2025 or””

<p>This amendment would enable a tribunal to make a rent repayment order where a landlord has failed to join a landlord redress scheme or have active entries in the private rented sector database.</p>

42

Clause 100, page 120, line 22, after “landlord” insert “or superior landlord who committed the offence”

<p>This amendment clarifies that a rent repayment order can be made against a superior landlord who has committed an offence to which Chapter 4 of the Housing and Planning Act 2016 applies.</p>

43

Clause 100, page 120, line 24, after “tenant” insert “(whether the rent was paid to the landlord or superior landlord against whom the order is made, or to another person)”

<p>This amendment to the Housing and Planning Act 2016 ensures that it is possible to obtain a rent repayment order against a landlord or superior landlord who has committed an offence whether or not the rent was paid directly to them.</p>

44

Clause 100, page 120, line 27, at end insert—<br> “(2A) In a case where the offence was committed by a superior landlord—<br> (a) references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and<br> (b) housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.”

<p>This amendment moves provision that was to go into section 52 of the Housing and Planning Act 2016 into section 40 of that Act to ensure that references to the “landlord” in Chapter 4 of that Act are in appropriate cases read as references to the “superior landlord”.</p>

45

Clause 100, page 120, line 27, at end insert—<br> “(2A) In section 41 (application for rent repayment order), in subsection (1), for “person” substitute “landlord”.”

<p>This amendment is consequential on Amendment 44 and ensures that a rent repayment order is available against both landlords and superior landlords.</p>

46

Clause 100, page 120, line 33, at end insert—<br> “(ai) after “rent paid” (in the first place) insert “by, or on behalf of, the tenant”,”

<p>This clarifies that the amount to be paid to the tenant under the rent repayment order must relate to the rent paid by them or on their behalf in respect of the specified period.</p>

47

Clause 100, page 120, line 34, at end insert—<br> “(ia) in the heading to the second column to the table, after “by” insert “, or on behalf of,”, and”

<p>This amendment is consequential on Amendment 46.</p>

48

Clause 100, page 120, line 36, at end insert “and, <br> (ii) in paragraph (a), after “paid” insert “by, or on behalf of, the tenant”.”

<p>This clarifies that the amount to be paid to the tenant under the rent repayment order must not exceed the rent paid by them or on their behalf in respect of the specified period (less any award of universal credit made during that period).</p>

49

Clause 100, page 120, line 36, at end insert—<br> “(c) in subsection 4, after paragraph (a) insert—<br> “(aa) the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,”.”

<p>This requires the tribunal, when making a rent repayment order in favour of a tenant, to take into account any rent received by the tenant for the rent period which any amount paid to the tenant would be calculated by reference to, where that rent relates to the housing let to the tenant.</p>

50

Clause 100, page 121, line 19, leave out from “(interpretation),” to the end of line 26 and insert—<br> “in subsection (1), in the appropriate place, insert—<br> ““landlord” is to be read in accordance with section 40(2A);”.”

<p>This amendment is consequential on Amendment 44.</p>

51

Clause 102, page 123, after line 11 insert—<br> “(4C) For the purposes of subsection (4B), a term in the tenancy agreement or licence to occupy relating to the occupation of the building or part of the building that is an HMO does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.”

<p>This provides that a landlord under a tenancy agreement or licence to occupy cannot rely on a term under that agreement or licence about the occupation of the building, or part of the building, to on its own prove a defence to the offence of failing to obtain a licence for an HMO.</p>

52

Clause 102, page 124, after line 4 insert—<br> “(3C) For the purposes of subsection (3B), a term in the tenancy agreement or licence to occupy relating to the occupation of the house does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.”

<p>This provides that a landlord under a tenancy agreement or licence to occupy cannot rely on a term under that agreement or licence about the occupation of the house to on its own prove a defence to the offence of failing to obtain a licence under Part 3 of the Housing Act 2004.</p>

18

Schedule 1, page 160, line 25, at end insert—<br> “(ca) the period—<br> (i) beginning with the day on which the tenancy was entered into, and<br> (ii) ending with the day on which the tenant was entitled to possession of the dwelling-house,<br> <span class="wrapped">is six months or less,”</span>

<p>This ensures that Ground 4A is not available if the tenancy of the student accommodation is granted more than 6 months before it begins.</p>

19

Schedule 1, page 166, line 28, leave out from beginning to end of line 13 on page 167 and insert “For Ground 6 (excluding the italic heading) substitute—<br> These conditions are met—<br> (a) the general redevelopment conditions (in every case);<br> (b) the landlord's acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy;<br> (c) the additional RSL condition, but only in a case where the landlord seeking possession is—<br> (i) a relevant social landlord, and<br> (ii) the person who intends to carry out the work mentioned in this ground.<br> The “general redevelopment conditions” are met if—<br> (a) the landlord seeking possession is mentioned in the first column in a row of the table in this ground;<br> (b) the tenancy is mentioned in the second column of that row;<br> (c) a person mentioned in the third column of that row intends to—<br> (i) demolish or reconstruct the whole or a substantial part of the dwelling-house, or<br> (ii) carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part;<br> (d) the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—<br> (i) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out,<br> (ii) the nature of the intended work is such that no such variation is practicable,<br> (iii) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or<br> (iv) the nature of the intended work is such that such a tenancy is not practicable;<br> (e) either —<br> (i) the assured tenancy began at least 6 months before the relevant date, or<br> (ii) notice of a compulsory acquisition was given in respect of the dwelling-house where—<br> (A) the acquiring authority was the person who became the landlord who is seeking possession, and<br> (B) the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date;<br> (f) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of <br> Schedule 1 to the Rent Act 1977<br> , as amended by Part 1 of Schedule 4 to this Act or, as the case may be, <br> section 4 of the Rent (Agriculture) Act 1976<br> , as amended by Part 2 of that Schedule.<br> The “landlord's acquisition condition” is met if—<br> (a) the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or<br> (b) that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money's worth.<br> The “additional RSL condition” is met in case A, case B or case C.<br> <i>Case A</i>: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—<br> (a) it is let as a separate dwelling with adequate security of tenure;<br> (b) it is affordable;<br> (c) it is in an appropriate location;<br> (d) it is not overcrowded.<br> <i>Case B</i>: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—<br> (a) it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A;<br> (b) it is affordable;<br> (c) it is in an appropriate location;<br> (d) it is not overcrowded.<br> <i>Case C</i>: a case where—<br> (a) the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in <br> section 159(2)(c) of the Housing Act 1996<br> ,<br> (b) when the tenancy was granted, the landlord intended to—<br> (i) demolish or reconstruct the whole or a substantial part of the dwelling-house, or<br> (ii) carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part,<br> <span class="wrapped">within a specific period, and</span><br> (c) the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement).<br> For the purpose of the additional RSL condition, accommodation—<br> (a) is let “with adequate security of tenure” if it is let—<br> (i) on an assured tenancy, or<br> (ii) on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;<br> (b) is “affordable” if it is—<br> (i) no more expensive than the dwelling-house of which possession is being sought, or<br> (ii) reasonably suitable to the means of the tenant;<br> (c) is “in an appropriate location” if it is—<br> (i) reasonably close to the dwelling-house of which possession is being sought, or<br> (ii) reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;<br> (d) is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of <br> Part 10 of the Housing Act 1985<br> .”

<p>This rewrites Ground 6 to incorporate the amendments already contained in paragraph 20 of Schedule 1 and other additional amendments.</p>

20

Schedule 1, page 167, leave out lines 17 to 23

<p>The provision made in the first row of this table is superseded by the expansion of the provision made in the second row (see Amendment 21).</p>

21

Schedule 1, page 167, leave out lines 24 to 30 in the second column and insert—<br> “<table class="no-borders tableleft width-100" cols="3"><tbody class="left"><tr><td><p /></td><td><p>“any tenancy”</p></td><td><p /></td></tr></tbody></table>”

<p>This expands the provision made in the second column of the second row of this table so that it applies in relation to any tenancy.</p>

22

Schedule 1, page 168, line 25, at end insert—<br> <i class="text-centre">“New ground for possession of alternative accommodation provided during redevelopment</i><br> 20A After Ground 6 insert—<br> <i class="text-centre">“Ground 6ZA</i><br> These conditions are met—<br> (a) the landlord seeking possession (the “current landlord”) is a relevant social landlord;<br> (b) the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which—<br> (i) was the only or principal home of the tenant or predecessor in title, and<br> (ii) was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was—<br> (A) a relevant social landlord, or<br> (B) a registered provider of social housing other than a private registered provider of social housing;<br> (c) alternative accommodation that—<br> (i) consists of the previous home and is affordable, or<br> (ii) consists of other premises and is affordable, in an appropriate location and not overcrowded,<br> <span class="wrapped">is available for the tenant or will be available for the tenant when the order for possession takes effect;</span><br> (d) that alternative accommodation is to be let as a separate dwelling with adequate security of tenure.<br> For the purpose of this ground, accommodation—<br> (a) is let “with adequate security of tenure” if it is let—<br> (i) on an assured tenancy, or<br> (ii) on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;<br> (b) is “affordable” if it—<br> (i) is no more expensive than the previous home, making these assumptions—<br> (A) that the redevelopment of the previous home has not taken place, and<br> (B) that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or<br> (ii) is reasonably suitable to the means of the tenant;<br> (c) is “in an appropriate location” if it is—<br> (i) reasonably close to the previous home, or<br> (ii) reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;<br> (d) is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of <br> Part 10 of the Housing Act 1985<br> .<br> In this Ground—<br> “redevelopment” , in relation to the dwelling-house that is the previous home, means—<br> (a) demolishing or reconstructing the whole or a substantial part of the dwelling-house, or<br> (b) carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part;<br> “relevant social landlord” has the same meaning as in Ground 6.””

<p>This creates a new ground for possession that is available where a tenant has been provided with alternative accommodation by a registered social landlord while redevelopment affecting the tenant’s original home is carried out.</p>

23

Schedule 1, page 168, line 27, leave out “6” and insert “6ZA (inserted by paragraph 20A)”

24

Schedule 1, page 170, line 10, leave out from “paragraph” to end of line 11 and insert “for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;<br> (aa) after the first unnumbered paragraph insert—<br> “But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—<br> (a) the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or<br> (b) the tenancy is a special tenancy immediately before the death of the former tenant.<br> In this Ground “special tenancy” means—<br> (a) a tenancy of social housing (within the meaning given by <br> Part 2 of the Housing and Regeneration Act 2008<br> ) where the landlord is a private registered provider of social housing;<br> (b) a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;<br> (c) a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;<br> (d) a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under <br> section 193 of the Housing Act 1996<br> (and here “local housing authority” has the same meaning as in Ground 5G);<br> (e) a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.””

<p>This removes the possibility of using Ground 7 where the person who inherits was residing in the dwelling-house, except where the deceased person had themselves inherited the dwelling or where the tenancy is a “special tenancy”.</p>

25

Schedule 1, page 172, line 31, leave out “Grounds 2ZA, 2ZC, 5C, 5H and 6A” and insert “certain Grounds”

<p>This is consequential on Amendment 26.</p>

26

Schedule 1, page 173, line 4, at end insert—<br> “(ea) amend the definition of “special tenancy” in Ground 7;”

<p>This enables the definition of “special tenancy” in Ground 7 to be amended by regulations subject to the affirmative procedure.</p>

31

Schedule 2, page 179, leave out lines 42 and 43 and insert—<br> “27 The Local Government and Housing Act 1989 is amended as follows.<br> 28 In Schedule 10 (security of tenure on ending of long residential tenancies)—<br> (a) in paragraph 5(1)(a), omit “, other than Ground 16”;<br> (b) for paragraph 5(2) substitute—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2A)</span><span class="sub-para-text">Where that Ground applies to any other long residential tenancy in accordance with sub-paragraph (1), it is to apply as if—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in paragraph (b) of that Ground, the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy,” were omitted;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in the general redevelopment conditions, paragraph (f) was omitted.”;</span></span><br> (c) in paragraph 6(3)(c)—<br> (i) omit “(other than an assured shorthold tenancy)”;<br> (ii) for “5” substitute “5H”;<br> (d) in paragraph 11(3)—<br> (i) in the opening words, omit “(not being an assured shorthold tenancy)”;<br> (ii) in paragraph (c), for “5” substitute “5H”;<br> (e) in paragraph 11(5)—<br> (i) in the opening words, omit “(not being an assured shorthold tenancy)”;<br> (ii) in paragraph (c), for “5” substitute “5H”;<br> (f) in paragraph 12(1), omit “or Chapter II”;<br> (g) in paragraph 13(4), for “15” substitute “18”.<br> 29 In Schedule 11 (minor and consequential amendments), omit paragraphs 103 and 108.”

<p>This replaces the amendment made to the Local Government and Housing Act 1989 and makes new amendments to the provisions in that Act relating to security of tenure on the ending of long residential leases to take account of the changes made by Part 1 of the Bill.</p>

32

Schedule 2, page 182, line 12, after “(aa)” insert “where the EDMO is to be made by a local housing authority in England,”

<p>This restricts the new requirement on local housing authorities when making an empty dwelling management order to notify the proprietor of their rights and powers under the order, including the right to grant a lease, to local housing authorities in England.</p>

33

Schedule 2, page 182, line 24, leave out from beginning to “(possession” and insert—<br> “61A The Housing and Regeneration Act 2008 is amended as follows.<br> 61B In section 180 (right to acquire)—<br> (a) in subsection (2)(a), omit “, other than a long tenancy”;<br> (b) in subsection (2A), omit “shorthold”.<br> 62 In Schedule 11”

<p>This makes consequential amendments of section 180 of the Housing and Regeneration Act 2008.</p>

53

Schedule 6, page 219, line 27, at end insert—<br> “(aa) paragraph (ca) were omitted;”

<p>This is consequential on Amendment 18.</p>

54

Schedule 6, page 220, line 7, leave out “(ab)” and insert “(c) in case C where the “additional RSL condition” is met”

<p>This is consequential on Amendment 19.</p>

NC12

To move the following Clause—<br> <b>“Body to report on the impact of the Act on rent levels</b><br> (1) The Secretary of State must, within 18 months of the passing of this Act, establish a body to report on the impact of the Act on rent levels in the private rented sector.<br> (2) A report published under this section must include—<br> (a) analysis of any changes in average rent levels since the passing of this Act;<br> (b) an overview of the historic affordability of properties in the private rented sector with a prediction of future changes in affordability resulting from the Act;<br> (c) a consideration of proposals for improving the affordability of properties in the private rented sector, including measures to control rent increases between or within tenancies.<br> (3) In producing any report under subsection (2), the Secretary of State must consult with tenants with a range of relevant characteristics, including—<br> (a) age;<br> (b) income; and<br> (c) employment status.”

<p>This new clause would require the Secretary of State to establish a body to publish a report on the affordability of rent and proposals for making rents more affordable.</p>

NC11

Mrs Emma Lewell-Buck

To move the following Clause—<br> <b>“Restrictions on the requirement for tenants to provide a guarantor</b><br> (1) A relevant person must not, in any of the circumstances set out in subsection (3), require a person, as a condition of the grant of a relevant tenancy, to provide a guarantor in relation to the observance or performance of the tenant’s obligations under the tenancy.<br> (2) For the purposes of this Act, requiring a person to provide a guarantor includes accepting an offer by that person to provide a guarantor.<br> (3) The circumstances are –<br> (a) that the person has paid a tenancy deposit or has been assisted under a deposit scheme;<br> (b) that the person is required to pay rent in advance equivalent to one month’s rent or more;<br> (c) that on a reasonable assessment of their means the person’s income (including state benefits received and any other lawful source of income) is sufficient to enable them to pay the full rent due under the tenancy;<br> (d) that arrangements will be made for housing benefit or the housing element of universal credit to be paid directly in respect of rent to the relevant person;<br> (e) that the relevant person has entered into a contract of insurance under which they are insured against non-payment of rent; or<br> (f) such other circumstances as may be prescribed in regulations made by the Secretary of State.<br> (4) In any other case where a relevant person lawfully requires a person, as a condition of the grant of a relevant tenancy, to provide a guarantor, the sum for which the guarantor may become liable under the relevant guarantee shall not exceed a sum equal to six months’ rent.<br> (5) In any case where a relevant person requires a tenant, as a condition of the grant of a relevant joint tenancy, to provide a guarantor, the sum claimed under the guarantee shall not exceed such proportion of the loss as is attributable to the act or default of the individual tenant on whose behalf the guarantee was given and, if such proportion cannot be proved, shall not exceed the sum obtained by dividing the total loss by the number of tenants.<br> (6) In this section–<br> a <br> “guarantor” is a person who enters into a guarantee in relation to a relevant tenancy;<br> a <br> “guarantee” is a contractual promise to be responsible for the performance of an obligation owed by the tenant to a relevant person under the tenancy if the tenant fails to perform the obligation;<br> a <br> “deposit scheme” includes a scheme whereby a sum payable by way of deposit or a bond or guarantee is provided by a local authority, registered charity or voluntary organisation for the purpose of providing security to a landlord for the performance of a tenant’s obligations under a tenancy;<br> “tenancy deposit” has the same meaning as in <br> section 212(8) of the Housing Act 2004<br> .”

<p>This new clause would restrict the circumstances in which a landlord can request a guarantor.</p>

10

Schedule 1, page 160, line 13, leave out subsection (a)

<p>This amendment would extend the special provisions for purpose-built student housing to HMO student properties.</p>

NC10

To move the following Clause—<br> <b>“Guarantor to have no further liability following death of tenant</b><br> (1) Subject to subsection (3), a guarantee agreement relating to a relevant tenancy ceases to have effect upon the death of a relevant tenant.<br> (2) Upon the death of a relevant tenant the guarantor in respect of a relevant tenancy shall incur no further liability in relation to matters arising under the tenancy.<br> (3) Nothing in this section shall affect the liability of a guarantor in relation to matters which arose before the date of the death of the relevant tenant.<br> (4) In assessing any liability undersubsection (3), account shall be taken of any tenancy deposit paid in respect of the tenancy.<br> (5) Where there is more than one relevant tenant, this section shall apply only upon the death of both or all of the tenants.<br> (6) In this section—<br> “guarantor” is a person who enters into a guarantee agreement in relation to a relevant tenancy;<br> “guarantee agreement” is a contractual promise (whether incorporated in or separate from the tenancy agreement) to indemnify or compensate a relevant person in respect of an obligation under the tenancy if the tenant fails to perform or comply with the obligation;<br> “relevant tenancy” has the same meaning as in section 41, and “relevant tenant” is to be interpreted accordingly; and<br> “tenancy deposit” has the same meaning as in <br> section 212(8) of the Housing Act 2004<br> .”

NC9

To move the following Clause—<br> <b>“Home adaptations</b><br> (1) The Housing Act 1988 is amended as follows.<br> (2) After section 16 insert—<br> <b>“16A</b> <b>Home adaptations</b><br> (1) It is an implied term of every assured tenancy to which this section applies that a landlord shall give permission for adaptations where a local council has carried out a Home Assessment and recommends adaptations which constitute reasonable adjustments under the Equality Act 2010. Tenants have the right to appeal a landlord’s refusal to adapt a property.<br> (2) This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.””

<p>This new clause would ensure that landlords give permission for home adaptations for people who have disabilities where a Home Assessment has been carried out.</p>

NC8

To move the following Clause—<br> <b>“Mediated rent pauses (housing conditions)</b><br> (1) This section applies where–<br> (a) there is a tenancy to which <br> section 9A of the Landlord and Tenant Act 1985<br> applies;<br> (b) it appears to the tenant that the landlord has breached the covenant implied by that section; and<br> (c) it appears to the tenant that the landlord has failed to carry out works necessary to remedy any such breaches within the timeframes set out in regulations made by the Secretary of State under <br> section 10A(3) of the Landlord and Tenant Act 1985<br> .<br> (2) A tenant is entitled to make arrangements to pay rent to an independent individual, rather than to the relevant landlord.<br> (3) The independent individual shall not pass any rent paid under subsection (2) to the landlord until there has been a determination or agreement between the landlord and tenant as to the landlord’s liability for any breach of the covenant implied by section 9A of the Landlord and Tenant Act 1985.<br> section 9A of the Landlord and Tenant Act 1985<br> (4) Where a determination or agreement under subsection (3) sets a time by which works are to be completed, the independent individual will –<br> (a) release any rent paid under subsection (2) to the landlord if the works are completed by that time;<br> (b) release any rent paid under subsection (2) back to the tenant if the works have not been completed by that time.<br> (5) In this section an “independent individual” means the independent individual responsible for investigating complaints made against members of a landlord redress scheme under section 62.”

NC7

To move the following Clause—<br> <b>“Rules for proposed rent levels</b><br> (1) The Secretary of State must establish a body to be known as the Independent Living Rent Body.<br> (2) The “proposed rent” referred to in section 55(2) must be calculated with reference to rules set by the Independent Living Rent Body.<br> (3) In setting rules to be applied to the calculation of a proposed rent under section 55(2) the Independent Living Rent Body will have regard to property type, size and condition, location, local incomes, and such other criteria as it sees fit.”

<p>This new clause would require the Secretary of State to establish an independent body that would set rules to be used when calculating the proposed rent payable in relation to an advertised tenancy.</p>

9

Clause 7, page 9, line 6, leave out from “determination” to the end of line 11 and insert—<br> “(4AA) Where the rent for a particular period of the tenancy is to be greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), the rent may not be greater than whichever is the lesser of—<br> (a) the rent for the previous period plus an increase equal to the rent multiplied by CPI; or<br> (b) the rent for the previous period plus an increase equal to the rent multiplied by the percentage increase in median national earnings.<br> (4AB) Any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides—<br> (a) that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in subsection (4A), or<br> (b) that the rent for a particular period of the tenancy, where greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), must or may be greater than the lesser of—<br> (i) the rent for the previous period plus an increase equal to the rent multiplied by CPI; or<br> (ii) the rent for the previous period plus an increase equal to the rent multiplied by the percentage increase in median national earnings.<br> (4AC) In this section—<br> “CPI” means the Consumer Prices Index 12-month rate published by the Office for National Statistics for 1 April preceding the date the notice is served.<br> “the percentage increase in median national earnings” means that calculated by the UK Statistics Authority over a three-year period ending on the date on which the notice was served.”

<p>This amendment would introduce limits on the increases which could be made to rents by landlords. The limits would be calculated by reference to increases in CPI or median national earnings.</p>

NC5

To move the following Clause—<br> <b>“Review of tenancy deposit schemes and requirements</b><br> (1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of tenancy deposit schemes and tenancy deposit requirements.<br> (2) The review must include, but not be limited to—<br> (a) consideration of options for tenancy “passporting”; and<br> (b) measures to improve trust in the deposit dispute process.<br> (3) As part of the review the Secretary of State must consult with such parties as they see fit, which must include representatives of tenants’ and landlords’ interests.”

<p>This new clause would require the Secretary of State, within 12 months of the Act passing, to review and consult on tenancy deposit schemes and requirements.</p>

NC6

To move the following Clause—<br> <b>“Duties of local authorities: care leavers</b><br> (1) Where it is requested of a local housing authority by, or on behalf of—<br> (a) a relevant child as defined by <br> section 23A of the Children Act 1989<br> , or<br> (b) a former relevant child as defined by <br> section 23C of the Children Act 1989<br> ,<br> <span class="wrapped">the local housing authority shall provide assistance to the individual making the request, or the individual on whose behalf the request is made, in paying or guaranteeing any deposit required to agree a tenancy.</span><br> (2) The assistance to be provided under subsection (1) may include, but not be limited to, the payment of a deposit on behalf of an individual listed in subsection (1), or acting as a guarantor for any deposit paid by or on behalf of an individual listed in subsection (1).”

<p>This new clause would place a duty on local authorities to help care leavers pay or guarantee any required deposit to enable them to agree a tenancy in the private rented sector.</p>

4

Clause 7, page 9, line 6, leave out from “determination” to the end of line 11 and insert—<br> “(4AA) Where the rent for a particular period of the tenancy is to be greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), the rent may not be greater than whichever is the lesser of—<br> (a) the rent for the previous period multiplied by the increase in the Consumer Prices Index since the date on which the previous rent took effect; or<br> (b) the rent for the previous period multiplied by the percentage increase in median national earnings, as calculated by the UK Statistics Authority over a three-year period ending on the date on which the notice was served.<br> (4AB) Any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides—<br> (a) that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in subsection (4A), or<br> (b) that the rent for a particular period of the tenancy, where greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), must or may be greater than the rent for the previous period multiplied by increases in the Consumer Prices Index on the previous rent period.”

5

Clause 8, page 11, line 16, at end insert—<br> “(aa) after “subject to” insert “section 13(4AA) and”;<br> (ab) omit from “concerned” to the end of the subsection and insert “should be let”;”

<p>This amendment would amend the Housing Act 1988 so that when determining rents tribunals must take into account the limits on rent increases introduced by Amendment 9 and need not consider existing market rates.</p>

6

Clause 8, page 11, line 17, leave out subsections (b), (c) and (d)

<p>This amendment is consequential on Amendment 5.</p>

7

Clause 75, page 101, line 6, at end insert—<br> “(2A) Information or documents to be provided under regulations under subsection (2) must include—<br> (a) in respect of a landlord entry—<br> (i) the address and contact details of the landlord;<br> (ii) the address and contact details of the managing agent;<br> (iii) details of each rented property owned by the landlord;<br> (iv) details of any enforcement action that any local authority has taken against the landlord;<br> (v) details of any enforcement action that any local authority has taken against the managing agent;<br> (vi) details of any banning orders or rent repayment orders that have been made against the landlord;<br> (vii) details of any reports that the landlord has failed to carry out works necessary to remedy any breaches of any applicable housing regulations within the timeframes set out by regulations made by the Secretary of State under <br> section 10A(3) of the Landlord and Tenant Act 1985<br> .<br> (b) in respect of a dwelling entry—<br> (i) the address and contact details of the landlord;<br> (ii) the address and contact details of the managing agent;<br> (iii) details of any notices given to the previous tenant under <br> section 8 of the Housing Act 1988<br> , including the grounds relied upon;<br> (iv) details of the rent that was payable at the commencement of the existing tenancy or, where there is no existing tenancy, the most recent tenancy;<br> (v) details of any increases in the rent imposed during the existing tenancy and the previous tenancy;<br> (vi) details of energy performance certificates required by <br> regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012<br> ;<br> (vii) details of gas safety certificates required by <br> regulation 36 of the Gas Safety (Installation and Use) Regulations 1998<br> ;<br> (viii) details of electrical safety reports required by the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2010;<br> (ix) details of checks required under <br> regulation 4(1)(b) of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015<br> ; and<br> (x) details of any features of the dwelling relevant to people with disabilities.”

<p>This amendment would introduce specific requirements for landlord and dwelling entries on the Private Rented Sector Database.</p>

8

Clause 98, page 117, line 33, leave out from “(homelessness)” to the end of line 3 on page 118.

<p>This amendment would make the Decent Homes Standard apply to all homeless temporary accommodation provided under the Housing Act 1996 by adapting the definition of “residential premises” in the Housing Act 2004 to remove a requirement for such temporary accommodation to meet certain Government regulations.</p>

1

Clause 7, page 9, line 6, leave out from “determination” to end of line 11 and insert—<br> “(4AA) Where the rent for a particular period of the tenancy is to be greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), the rent may not be greater than the rent for the previous period increased by the Bank of England Base Rate.<br> (4AB) Any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides—<br> (a) that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in subsection (4A), or<br> (b) that the rent for a particular period of the tenancy, where greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), must or may be greater than the rent for the previous period increased by the Bank of England Base Rate.”

<p>This amendment would cap in-tenancy rent increases to the Bank of England base rate.</p>

2

Clause 19, page 32, line 16, at end insert—<br> “(aa) where it is given by a tenant in relation to a premises in which they are the first tenants since its construction, not less than twenty-four months before the date on which the notice is to take effect;”

<p>This amendment would allow an assured short-term tenancy for the first two years after a premises is constructed.</p>

3

Clause 98, page 117, line 33, after “(homelessness),” insert “or that is provided by the Ministry of Defence for use as service family accommodation,”

<p>This amendment would extend the Decent Homes Standard to Ministry of Defence service family accommodation.</p>

NC1

To move the following Clause—<br> <b>“Limit on rent to be requested in advance of tenancy</b><br> In the 1988 Act, after section 14ZB (inserted by section 8 of this Act) insert—<br> <b>“14ZBA Maximum rent to be paid in advance</b><br> No rent may be requested or received in advance of any period of the tenancy which exceeds the rent for two months of the tenancy.””

<p>This new clause would prohibit landlords from requesting or accepting more than two month's rent in advance.</p>

NC2

To move the following Clause—<br> <b>“Impact of Act on provision of short-term lets</b><br> The Secretary of State must, within two years of the passing of this Act, publish a review of the impact of sections 1 to 3 on the number of landlords offering properties on short-term lets rather than in the private rented sector.”

NC3

To move the following Clause—<br> <b>“Limit on rent in advance of tenancy </b><br> In <br> Schedule 1 to the Tenant Fees Act 2019<br> , after paragraph (1) insert—<br> “(1A) But if the amount of rent payable in advance of any period of the tenancy exceeds the equivalent of one month’s rent, the amount of the excess is a prohibited payment.””

<p>This new clause would make it unlawful for a landlord to demand or accept more than one month’s rent in advance in respect of a tenancy or licence of residential accommodation.</p>

NC4

To move the following Clause—<br> <b>“Signature of lease for student accommodation</b><br> Where a tenant meets the student test set out in paragraph 10 of Schedule 1, the relevant tenancy agreement may not be signed before 1 March in the year in which the tenancy is intended to take effect.”

<p>This new clause would prevent student leases being signed before March in the year in which they are intended to commence.</p>

NC3

To move the following Clause—"Limit on rent in advance of tenancy In Schedule 1 to the Tenant Fees Act 2019, after paragraph (1) insert—"(1A) But if the amount of rent payable in advance of any period of the tenancy exceeds the equivalent of one month's rent, the amount of the excess is a prohibited payment.""

NC1

To move the following Clause—"Limit on rent to be requested in advance of tenancy In the 1988 Act, after section 14ZB (inserted by section 8 of this Act) insert—"14ZBA Maximum rent to be paid in advance No rent may be requested or received in advance of any period of the tenancy which exceeds the rent for two month of the tenancy.""

NC9

To move the following Clause—<br> <b>“Changes to discretionary licensing</b><br> (1) The Housing Act 2004 is amended as follows.<br> (2) In section 60(2), omit “five” and insert “ten”.<br> (3) In section 84(2), omit “five” and insert “ten”.<br> (4) In section 90(1), at the end of the subsection insert “or its condition and contents”.”

<p>This new clause would increase the maximum duration of discretionary licensing schemes from five to ten years and would enable local authorities operating selective licensing schemes to use licence conditions to improve housing conditions.</p>

NC10

To move the following Clause—<br> <b>“Home adaptations</b><br> (1) The Housing Act 1988 is amended as follows.<br> (2) After section 16 insert—<br> <b>“16A</b> <b>Home adaptations</b><br> (1) It is an implied term of every assured tenancy to which this section applies that a landlord shall give permission for adaptations where a local council has carried out a Home Assessment and recommends adaptations which constitute reasonable adjustments under the Equality Act 2010. Tenants have the right to appeal a landlord’s refusal to adapt a property.<br> (2) This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.””

<p>This new clause would ensure that landlords give permission for home adaptations where a Home Assessment has been carried out.</p>

NC11

To move the following Clause—<br> <b>“Rent controls</b><br> (1) The Secretary of State must establish a body to be known as the Independent Living Rent Body within 12 months of the date of Royal Assent to this Act.<br> (2) The “proposed rent” referred to in section 55(2) must be no more than an amount set by the Independent Living Rent Body.<br> (3) The amount referred to in subsection (2) must be calculated as a function of property size, quality, local incomes, location, and such other criteria as the Independent Living Rent Body sees fit.”

NC12

To move the following Clause—<br> <b>“Limit on rent in advance of tenancy</b><br> In Schedule 1 to the Tenant Fees Act 2019, after paragraph (1) insert—<br> “(1A) But if the amount of rent payable in advance of any period of the tenancy exceeds the equivalent of three month’s rent, the amount of the excess is a prohibited payment.””

<p>This new clause renders it unlawful for a landlord to demand or accept more than three month’s rent in advance in respect of a tenancy or licence of residential accommodation.</p>

NC13

To move the following Clause—<br> <b>“Signature of lease for student accommodation</b><br> Where a tenant meets the student test set out in paragraph 10 of Schedule 1, the relevant tenancy agreement may not be signed before 1 March in the year in which the tenancy is intended to take effect.”

<p>This new clause would prevent student leases being signed before March in the year in which they are intended to commence.</p>

NC14

To move the following Clause—<br> <b>“Restrictions on the requirement for tenants to provide a guarantor</b><br> (1) A relevant person must not, in any of the circumstances set out in subsection (3),require a person, as a condition of the grant of a relevant tenancy, to provide a guarantor in relation to the observance or performance of the tenant’s obligations under the tenancy.<br> (2) For the purposes of this Act, requiring a person to provide a guarantor includes accepting an offer by that person to provide a guarantor.<br> (3) The circumstances are—<br> (a) that the person has paid a tenancy deposit or has been assisted under a deposit scheme;<br> (b) that the person is required to pay rent in advance equivalent to one month’s rent or more;<br> (c) that on a reasonable assessment of their means the person’s income (including state benefits received and any other lawful source of income) is sufficient to enable them to pay the full rent due under the tenancy;<br> (d) that arrangements will be made for housing benefit or the housing element of universal credit to be paid directly in respect of rent to the relevant person;<br> (e) that the relevant person has entered into a contract of insurance under which they are insured against non-payment of rent; or<br> (f) such other circumstances as may be prescribed in regulations made by the Secretary of State.<br> (4) In any other case where a relevant person lawfully requires a person, as a condition of the grant of a relevant tenancy, to provide a guarantor, the sum for which the guarantor may become liable under the relevant guarantee shall not exceed a sum equal to six months’ rent.<br> (5) In any case where a relevant person requires a tenant, as a condition of the grant of a relevant joint tenancy, to provide a guarantor, the sum claimed under the guarantee shall not exceed such proportion of the loss as is attributable to the act or default of the individual tenant on whose behalf the guarantee was given; and if such proportion cannot be proved, shall not exceed the sum obtained by dividing the total loss by the number of tenants.<br> (6) In this section—<br> “guarantor” is a person who enters into a guarantee in relation to a relevant tenancy;<br> “guarantee” is a contractual promise to be responsible for the performance of an obligation owed by the tenant to a relevant person under the tenancy if the tenant fails to perform the obligation;<br> “deposit scheme” includes a scheme whereby a sum payable by way of depositor a bond or guarantee is provided by a local authority, registered charity or voluntary organisation for the purpose of providing security to a landlord for the performance of a tenant’s obligations under a tenancy;<br> “tenancy deposit” has the same meaning as in section 212(8) of the Housing Act 2004.”

<p>This new clause would restrict the circumstances in which a landlord can request a guarantor.</p>

81

Clause 75, page 100, line 22, at end insert—<br> “(2A) Information or documents to be provided under regulations under subsection (2) must include—<br> (a) in respect of a landlord entry—<br> (i) the address and contact details of the landlord;<br> (ii) the address and contact details of any managing agent;<br> (iii) details of each rented property owned by the landlord;<br> (iv) details of any enforcement action under landlord and tenant law that the local authority has taken against the landlord; <br> (v) details of any enforcement action under landlord and tenant law that the local authority has taken against any managing agent; <br> (vi) details of any banning orders or rent repayment orders that have been made against the landlord;<br> (vii) details of any reports that the landlord has failed to carry out works necessary to remedy any breaches within the timeframes set out by Regulations made by the Secretary of State under s.10A(3) Landlord & Tenant Act 1985;<br> (b) in respect of a dwelling entry—<br> (i) the address and contact details of the landlord;<br> (ii) the address and contact details of any managing agent;<br> (iii) details of any notices given to any previous tenant under section 8 of the Housing Act 1988, including the grounds relied upon;<br> (iv) details of the rent that was payable at the commencement of the tenancy;<br> (v) details of any increases in rent in relation to any previous tenancy;<br> (vi) details of energy performance certificates required by regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012;<br> (vii) details of gas safety certificates required by regulation 36 of the Gas Safety (Installation and Use) Regulations 1998;<br> (viii) details of electrical safety reports required by the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2010;<br> (ix) details of checks required under Regulation 4(1)(b) of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015; and<br> (x) details of any features of the dwelling relevant to people with disabilities.”

80

Clause 39, page 46, line 41, leave out “£7,000” and insert “£15,000”

<p>This amendment would increase the maximum financial penalty for breach of the anti-discrimination provisions to £15,000.</p>

NC8

To move the following Clause—<br> <b>“Guarantor to have no further liability following death of tenant</b><br> (1) Subject to subsection (3), a guarantee agreement relating to a relevant tenancy ceases to have effect upon the death of a relevant tenant.<br> (2) Upon the death of a relevant tenant the guarantor in respect of a relevant tenancy shall incur no further liability in relation to matters arising under the tenancy.<br> (3) Nothing in this section shall affect the liability of a guarantor in relation to matters which arose before the date of the death of the relevant tenant.<br> (4) In assessing any liability under subsection (3), account shall be taken of any tenancy deposit paid in respect of the tenancy.<br> (5) Where there is more than one relevant tenant, this section shall apply only upon the death of both or all of the tenants.<br> (6) In this section—<br> a <br> “guarantor” is a person who enters into a guarantee agreement in relation to a relevant tenancy;<br> a <br> “guarantee agreement” is a contractual promise (whether incorporated in or separate from the tenancy agreement) to indemnify or compensate a relevant person in respect of an obligation under the tenancy if the tenant fails to perform or comply with the obligation;<br> a <br> “relevant tenancy” has the same meaning as in section 36, and “relevant tenant” is to be interpreted accordingly; and<br> “tenancy deposit” has the same meaning as in section 212(8) of the Housing Act 2004.”

79

Schedule 5, page 207, line 31, leave out “Where” and insert “Subject to section 39(6A), where”

<p>See Amendment 78.</p>

78

Clause 39, page 47, line 3, at end insert—<br> “(6A) On recovering a financial penalty imposed under this section, a local housing authority shall pay 20% of the recovered penalty to the person who was the subject of the discrimination.<br> (6B) Where the person who was the subject of the discrimination complains to the relevant landlord redress scheme about the same discriminatory behaviour, the scheme provider shall take into account any sum paid or payable to that person under subsection (6A) in assessing any further award of compensation which the relevant person is directed to pay to that person under the scheme.”

<p>This amendment provides a mechanism for a complainant to receive a portion of the financial penalty imposed by a local housing authority as compensation for being discriminated against.</p>

74

Schedule 2, page 175, line 40, leave out from “claims),” to the end of line 41 and insert “omit subsection (6)”

<p>This amendment would make all grounds for repossession discretionary.</p>

72

Clause 98, page 117, line 20, at end insert—<br> “(ia) the availability of which is secured by the Secretary of State under paragraph 9 of Schedule 10 of the Immigration Act 2016, or sections 4 or 95 of the Immigration and Asylum Act 1999;<br> (ib) that is provided by the Ministry of Defence for use by service personnel; or”

<p>This amendment would extend the Decent Homes Standard to accommodation provided to people on immigration bail and to that provided by the Ministry of Defence to service personnel.</p>

41

Clause 100, page 120, line 9, leave out from “order)” to the end of line 12 and insert—<br> “—<br> (a) in subsection (1), omit “, beyond reasonable doubt,”;<br> (b) at the end of subsection (3), insert—<br> “(d) section 46A (where an order is made against more than one landlord or there has been a previous order”;<br> (c) after subsection (3), insert—<br> “(4) Where the application for a rent repayment order relates to an offence under sections 1(2), (3) or 3(A) of the Protection from Eviction Act 1977, the First-tier Tribunal must be satisfied, on the balance of probabilities, that the offence has been committed.<br> (5) Where the application for a rent repayment order relates to any other offence to which this Chapter applies, the First-tier Tribunal must be satisfied, beyond reasonable doubt, that the offence has been committed.”””

<p>This amendment would apply the civil standard of proof for Rent Repayment Orders pursued on the basis of a Protection from Eviction Act 1977 offence.</p>

45

Clause 142, page 150, line 26, leave out from “subject to” to end of line 27 and insert—<br> “—<br> (a) the publication of an economic impact assessment in relation to the bill, which must include the impact of abolishing fixed term assured tenancies on the student housing market; and<br> (b) subsections (2) to (6).”

46

Clause 142, page 150, line 26, leave out from “subject to” to end of line 27 and insert—<br> “—<br> (a) the publication of a review under section 8 on the impact of that section on the tribunals responsible for the determination of rent; and<br> (b) subsections (2) to (6).”

64

Clause 142, page 150, line 26, leave out from “subject to” to end of line 27 and insert “—<br> (a) the publication of an economic impact assessment of the bill, including abolishing fixed-term tenancies on student accommodation;<br> (b) the publication of an assessment under section [<i>Assessment of operation of possession process</i>]; and<br> (c) subsections (2) to (6).”

NC2

To move the following Clause—<br> <b>“Review of the impact of the Act on the housing market</b><br> (1) The Secretary of State must publish an annual report outlining the impact of the provisions of this Act on the housing market in the UK.<br> (2) A report under this section must include the impact of this Act on—<br> (a) the availability of homes in the private rental sector;<br> (b) rents charged under tenancies;<br> (c) house prices; and<br> (d) requests for social housing.<br> (3) A report under this section must be laid before Parliament.”

NC3

To move the following Clause—<br> <b>“Report on certain matters relating to tenancy reform</b><br> (1) The Secretary of State must make arrangements for an independent person to prepare a report on—<br> (a) the impact of sections 1 and 2 on the provision of relevant tenancies;<br> (b) the extent to which the grounds in Schedule 2 to the 1988 Act as amended by this Act—<br> (i) operate effectively;<br> (ii) are comprehensive;<br> (iii) are fair.<br> (2) The Secretary of State must, within the period of 18 months beginning with the relevant date, lay before both Houses of Parliament—<br> (a) a copy of the report, and<br> (b) a statement setting out the Secretary of State’s response to the report.<br> (3) Nothing in subsection (1) prevents the Secretary of State from arranging for the independent person to include in the report matters additional to those mentioned in that subsection.<br> (4) In this section—<br> “relevant date”” means a date 18 months after the coming into force of sections 1 and 2 of this Act;<br> “relevant tenancy” means an assured tenancy within the meaning of the 1988 Act other than a tenancy of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”

NC4

To move the following Clause—<br> <b>“Assessment of operation of possession process</b><br> (1) The Lord Chancellor must prepare an assessment of the operation of the process by which—<br> (a) on applications made by landlords, the county court is able to make orders for the possession of dwellings in England that are let under assured and regulated tenancies, and<br> (b) such orders are enforced.<br> (2) The Lord Chancellor must publish the assessment at such time, and in such manner, as the Lord Chancellor thinks appropriate.<br> (3) In this section—<br> “assured tenancy” means an assured tenancy within the meaning of the 1988 Act;<br> “dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling;<br> “regulated tenancy” means a regulated tenancy within the meaning of the Rent Act 1977.”

NC5

To move the following Clause—<br> <b>“Repeal of requirement for selective licensing</b><br> Part 3 of the Housing Act 2004 (Selective licensing of other residential accommodation) is repealed.”

<p>This new clause would remove the ability of local housing authorities to designate areas as subject to selective licensing.</p>

NC6

To move the following Clause—<br> <b>“Limit on rent to be requested in advance of tenancy</b><br> In the 1988 Act, after section 14ZB (inserted by section 8 of this Act) insert—<br> <b>“14ZBA Maximum rent to be paid in advance</b><br> No rent may be requested or received in advance of any period of the tenancy which exceeds the rent for one month of the tenancy.””

<p>This amendment would impose a limit of one month’s rent on the amount of rent which can be asked for or paid in advance of a tenancy.</p>

NC7

To move the following Clause—<br> <b>“Impact of Act on provision of short-term lets</b><br> The Secretary of State must, within two years of the passing of this Act, publish a review of the impact of sections 1 to 3 on the number of landlords offering properties on short-term lets rather than in the private rented sector.”

<p>This amendment would require the Secretary of State to review whether the prohibition on fixed term contracts had increased the number of landlords choosing to offer short-term lets instead of letting in the private rented sector.</p>

48

Clause 1, page 1, line 13, at end insert “unless the tenant meets the student test where the tenancy is entered into.<br> (1A) For the purposes of this section, a tenant who meets the student test when a tenancy is entered into has the same meaning as in Ground 4A.”

54

Clause 1, page 1, line 13, at end insert—<br> “, unless the landlord and the tenant mutually agree to have a fixed term during which period the landlord agrees to suspend the ability to seek possession under Ground 1 (Occupation by landlord or family), Ground 1A (Sale of dwelling-house) or Ground 6 (Redevelopment) of Schedule 2.<br> (1A) During a fixed term tenancy agreed under subsection (1) the landlord shall not be entitled to increase the rent as provided for by section 13.”

73

Clause 4, page 4, leave out lines 35 to 37 and insert—<br> “(a) omit subsection (3);<br> (b) in subsection (4)—<br> (i) omit “Part II of”; and<br> (ii) omit “, subject to subsections (5A) and (6) below,”

<p>This amendment would make all grounds for repossession discretionary.</p>

68

Clause 4, page 5, line 40, at end insert—<br> “(fa) after subsection (5A), insert—<br> “(5B) Where the court makes an order for possession on grounds 1 or 1A in Schedule 2 to this Act (whether with or without other grounds), the order shall include a requirement on the landlord to file and serve evidence no later than sixteen weeks from the date of the order.<br> (5C) Evidence provided under subsection (5B) must—<br> (a) provide details of—<br> (i) the state of occupation of the dwelling-house since the date of the order, and<br> (ii) the progress of any sale of the dwelling-house, and<br> (b) be accompanied by a statement of truth signed by the landlord.””

69

Clause 4, page 5, line 41, at end insert—<br> “(2A) After section 7, insert—<br> <b>“7A</b> <b>Evidential requirements for Grounds 1 and 1A</b><br> (1) The court shall not make an order for possession on grounds 1 or 1A in Schedule 2 to this Act unless the landlord has complied with subsections (2) to (4) below.<br> (2) Where the landlord has served a notice for possession on grounds 1 or 1A, the court must be provided with evidence verified by a statement of truth signed by the landlord.<br> (3) Where the landlord has served a notice for possession on ground 1 and the dwelling house is required by a member of the landlord’s family as defined in paragraphs 2(b) to (d) of that ground, the court must be provided with evidence verified by a statement of truth signed by that family member.<br> (4) Where the landlord has served a notice for possession on ground 1A, the evidence referred to in sub-section (2) must include a letter of engagement from a solicitor or estate agent concerning the sale of the dwelling house.””

56

Clause 4, page 6, line 14, leave out “1A,”

70

Clause 4, page 6, line 15, leave out “4A,”

57

Clause 4, page 6, line 16, at beginning insert “1A,”

71

Clause 4, page 6, line 20, after “4,” insert “4A,”

76

Clause 7, page 8, line 31, leave out from “determination” to the end of line 36 and insert—<br> “(4AA) Where the rent for a particular period of the tenancy is to be greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), the rent may not be greater than the rent for the previous period increased by the Bank of England Base Rate.<br> (4AB) Any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides—<br> (a) that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in subsection (4A), or<br> (b) that the rent for a particular period of the tenancy, where greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), must or may be greater than the rent for the previous period increased by the Bank of England Base Rate.”

<p>This amendment would mean that the maximum rent increase can only be an increase in line with the Bank of England Base Rate.</p>

52

Clause 8, page 11, line 38, leave out from “date” to end of the line and insert “of the application under section 14(A1)”

50

Clause 8, page 11, line 39, leave out from “is” to “the tenancy rent” in line 2 on page 12

53

Clause 8, page 12, line 24, leave out from “13A(2)” to the end of line 32 and insert—<br> “or<br> (b) a date that the appropriate tribunal directs, if it appears to the tribunal that applying paragraph (a) would cause undue hardship to the tenant.”

51

Clause 8, page 12, line 35, leave out from “is” to “the proposed rent” in line 37

47

Clause 8, page 13, line 6, at end insert—<br> “(12) The Secretary of State must—<br> (a) conduct a review of—<br> (i) the impact of this section on the tribunals responsible for the determination of rent, and<br> (ii) the ability of tribunals to manage an increase in applications for a review of a proposed rent increase; and<br> (b) consult with the Competition and Markets Authority on any measures necessary to ensure that tribunals are able to assess market rents without having a distorting effect on the market.<br> (13) The Secretary of State must lay the review made under subsection (12) and the Government’s response to the review before Parliament.”

75

Clause 8, page 13, line 6, at end insert—<br> “(12) The Secretary of State must consult on—<br> (a) the adequacy of the existing resources of the tribunals responsible for the determination of rent;<br> (b) the need of the tribunals for further resources to manage an increase in applications for a review of a proposed rent increase.”

<p>This amendment would require the Secretary of State to consult on whether tribunals responsible for the determination of rents are appropriately resourced to manage any additional workload arising from this Bill.</p>

55

Clause 11, page 16, line 13, at end insert—<br> “(4) The Secretary of State must consult with representatives of the insurance sector before this section comes into effect to ensure that appropriate insurance products are available for tenants whose landlords have required insurance as a condition for consenting to the keeping of a pet.”

49

Clause 19, page 31, line 19, leave out from “substitute–“ to end of line 34 and insert—<br> ““(b) it satisfies—<br> (i) subsection (1ZA), if it is given by a tenant in relation to premises let under an assured tenancy, or<br> (ii) subsection (1ZC) in any other case; but in relation to landlords under assured tenancies see section 5(1) of the Housing Act 1988 (notice to quit by landlord is of no effect).”<br> (3) After subsection (1) insert—<br> “(1ZA) A notice to quit satisfies this subsection if—<br> (a) it is given not less than—<br> (i) any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or<br> (ii) in the absence of agreement under sub-paragraph (i), two months before the date on which the notice is to take effect, and<br> (b) it is in relation to premises let under a repeat tenancy or, if it is in relation to premises let under any other assured tenancy, it is to take effect—<br> (i) no earlier than any time, within the period of six months beginning with the day on which the terms of the tenancy provide for the tenancy to begin, that the landlord has agreed to in writing, or<br> (ii) in the absence of agreement under sub-paragraph (i), on or after the last day of the period mentioned in that sub-paragraph.<br> (1ZB) In subsection (1ZA)(b) “repeat tenancy” means an assured tenancy under which the tenant becomes entitled to possession of the premises within the period of one month beginning with the day after the last day of a previous assured tenancy—<br> (a) under which the same premises were let, and<br> (b) which was between the same parties.<br> (1ZC) A notice to quit satisfies this subsection if it is given not less than four weeks before the date on which it is to take effect.””

66

Clause 19, page 31, line 31, at end insert—<br> “(aa) where it is given by a tenant who meets the student test under Ground 4A, not less than ten months before the date on which the notice is to take effect;”

67

Clause 19, page 31, line 31, at end insert—<br> “(aa) where it is given by a tenant in relation to a premises in which they are the first tenants since its construction, not less than twenty-four months before the date on which the notice is to take effect;”

44

Clause 57, page 79, line 31, after “section 1” insert—<br> “—<br> (a) in subsection (4)(a), omit “the prescribed sum” and insert “£60,000”;

<p>This amendment increases the maximum fine for illegal evictions under the Protection from Eviction Act 1977 to £60,000.</p>

65

Clause 62, page 89, line 25, after “residential landlord” insert “, whose property is not managed by an agent who is a member of an independent redress scheme approved by the Secretary of State,

<p>This amendment would only require a residential landlord to be a member of the landlord redress scheme introduced by Clause 62 if their tenant does not already have access to one by virtue of the landlord using an agent who is a member of another approved independent redress scheme.</p>

77

Schedule 1, page 155, line 6, at end insert—<br> “(1A) In the heading of Part 1, omit “must” and insert “may”.<br> (1B) Omit the heading of Part II.”

<p>This amendment would make all grounds for repossession discretionary.</p>

42

Schedule 1, page 155, line 9, leave out “1 year” and insert “2 years”

<p>This amendment would increase the minimum period before a landlord can use certain grounds for possession from 12 months to 2 years.</p>

58

Schedule 1, page 156, leave out lines 14 to 16

43

Schedule 1, page 156, line 15, leave out “1 year” and insert “2 years”

<p>This amendment would increase the minimum period before a landlord can use certain grounds for possession from 12 months to 2 years.</p>

60

Schedule 1, page 168, line 26, at end insert—<br> “20A After Ground 6 insert—<br> “Ground 6ZA<br> The landlord or superior landlord who is seeking possession intends to undertake such works as are necessary to ensure that the property meets the standards set out by regulations under section 2A of the Housing Act 2004 and the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—<br> (a) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or<br> (b) the nature of the intended work is such that no such variation is practicable, or<br> (c) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or<br> (d) the nature of the intended work is such that such a tenancy is not practicable.””

62

Schedule 1, page 170, line 3, at end insert—<br> “(za) for the first unnumbered paragraph, substitute—

63

Schedule 1, page 170, line 6, at end insert—<br> “(ba) in paragraph (b), at end insert “and at the date of the hearing any rent is unpaid.””

59

Schedule 1, page 170, line 13, at end insert—<br> “23A After Ground 8 insert—<br> “Ground 8A<br> The landlord who is seeking possession, or, in the case of joint landlords seeking possession for at least one of them, requires the dwelling-house for the purposes of providing care to—<br> (a) a person under the age of 18;<br> (b) a person who has a disability under section 6 of the Equality Act 2010; or<br> (c) a person who requires personal care on the grounds of age, illness or injury.””

61

Schedule 1, page 170, line 13, at end insert—<br> “23A In Ground 14, in each of paragraphs (a) and (aa), for “likely to cause” substitute “capable of causing”

Gov 1

Clause 4, page 7, line 6, at end insert-"(5) After section 11 of the 1988 Act insert-"11A Possession on ground 6A: compensation of tenant(1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6A in Schedule 2 to this Act (whether or not the order is also made on any other ground).(2) The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession.(3) In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6A being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6A being available).""

Gov 2

Schedule 1, page 157, leave out line 13

Gov 3

Schedule 1, page 157, leave out line 30

Gov 4

Schedule 1, page 157, line 33, after "rent” insert "(and here "rent" and "market rent" include any amount payable by way of service charge)"

Gov 5

Schedule 1, page 165, line 18, leave out from “than” to “, and” in line 22 and insert "80% of market rent (and here "rent" and "market rent" include any amount payable by way of service charge)”

Gov 6

Schedule 1, page 168, line 30, leave out “situations has occurred” and insert "applies”

Gov 7

Schedule 1, page 169, line 30, at end insert— “(g) compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant."

Gov 8

Schedule 1, page 169, line 37, at end insert- ""planning enforcement notice or injunction” means— (a) an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect, (b) a breach of condition notice served under section 187A of the TCPA 1990, (c) an injunction granted under section 187B of the TCPA 1990, (d) a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or (e) an injunction granted under section 44A of the P(LBCA)A 1990; “P(LBCA)A 1990" means the Planning (Listed Building and Conservation Areas) Act 1990; “TCPA 1990” means the Town and Country Planning Act 1990;”

Gov 9

Schedule 1, page 172, leave out lines 29 to 32

Gov 10

Clause 12, page 17, line 7, leave out "subsection (5)” insert "subsections (5) and (5A)"

Gov 11

Clause 12, page 17, line 16, at end insert- "(5A) Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy."

Gov 12

Schedule 2, page 174, line 29 at end insert— "Greater London Council (General Powers) Act 1973 7A In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)— (a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”; (b) after that paragraph insert— “(aa) "assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;””

Gov 13

Schedule 2, page 174, line 31, leave out paragraph 8 and insert— "8 The Housing Act 1985 is amended as follows. 8A In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i). 8B In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and” 8C In section 82A (demotion because of anti-social behaviour)— (a) in subsection (1), omit paragraphs (ba) and (c); (b) in subsection (8), omit paragraph (b). 8D In section 171B (extent of preserved right), omit subsection (1A)."

Gov 14

Schedule 2, page 176, line 2, at end insert- "17A In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”. 17B In section 17 (succession to assured tenancy)— (a) in subsection (1)(a), omit "periodic"; (b) in subsection (1A)(a), omit "periodic"; (c) omit subsection (1B); (d) omit subsection (1C); (e) in subsection (1D), for “, (1A), (1B) or (1C)" substitute “or (1A)"; (f) in subsection (5), omit “or (1B)(c) above"; (g) in subsection (6), omit “, (1C)”; (h) omit subsection (7).”

Gov 15

Schedule 2, page 176, line 17, leave out paragraph 21 and insert— "21(1) Section 39 (statutory tenants: succession) is amended as follows. (2) In subsection (5), in the words after paragraph (b), omit "periodic". (3) In subsection (6)— (a) in the words before paragraph (a), omit “periodic”; (b) in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)"; (c) in paragraph (e), for “sections 13 to 15″ substitute “sections 13 to 16C"; (d) omit paragraph (f). (4) Omit subsection (7). (5) In subsection (8)— (a) omit "periodic"; (b) after "above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”. (6) For subsection (9) substitute— "(9) Where, immediately before the predecessor's death, the predecessor was a tenant under a fixed term tenancy (the "former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor's death (the "new tenancy”)— (a) not later than the first anniversary of the date of the predecessor's death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)— (i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the "implied terms”), and (ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms; (b) where a notice of variation has been served under paragraph (a)- (i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and (ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed; (c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal's opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy- (i) which begins on the date of the predecessor's death, and (ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal's consideration; (d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined; (e) in making a determination under paragraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant; (f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct- (i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and (ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal; but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation; (g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.""

Gov 16

Schedule 2, page 176, line 37, at end insert— "30A In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”. 30B In section 125 (duration of introductory tenancy)— (a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”; (b) omit subsection (3A).”

Gov 17

Schedule 2, page 177, line 2, at end insert— "31A In section 143C (change of landlord), in subsection (3), omit “shorthold”."

Gov 18

Schedule 2, page 178, line 23, at end insert— “(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).”

Gov 19

Schedule 2, page 178, leave out lines 25 to 27 and insert— "45 The Housing Act 2004 is amended as follows. 46 Omit section 75. 47 Omit section 98. 48 In section 116 (general effect of final management orders), in subsection (4)— (a) in paragraph (a)(ii), omit “(subject to paragraph (b))”; (b) for paragraph (b) substitute— “(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988." 49 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert— “(aa) paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;”. 50 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)— (a) in paragraph (a)(ii), omit “(subject to paragraph (b))”; (b) for paragraph (b) substitute— “(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.""

Gov 20

Schedule 2, page 179, line 4, at end insert— “(ba) in section 158 (secure and assured tenancies: transfer of tenancy)— (i) omit subsection (3)(b)(i) and the "and" after it; (ii) omit subsection (4)(b) and the “or” before it; (iii) in subsection (8)(b), omit the words "that is not an assured shorthold tenancy”; (iv) in subsection (9)(b), omit the words "that is not an assured shorthold tenancy”; (v) in subsection (10), omit "shorthold"; (bb) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;”

Gov 21

Schedule 2, page 179, line 8, at end insert— “(ea) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);”

Gov 22

Clause 59, page 84, line 23, leave out from “in” to end of line 25 and insert “section 13(1A), (1AA) or (1AB);”

Gov 23

Clause 62, page 90, line 16, at end insert- "(4A) Regulations under subsection (1) may require a person- (a) to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme; (b) at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations. (4B) For the purposes of subsection (4A), “relevant property information” means such information as may be specified in the regulations relating to— (a) any residential tenancy under which the person is the residential landlord; (b) any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord."

Gov 24

Clause 98, page 118, line 27, at end insert- "(ba) a building or part of a building constructed or adapted for use as a house in multiple occupation if- (i) it is for the time being only occupied by persons who form a single household, and (ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation, except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,"

Gov 25

Clause 98, page 118, line 34, after "(b)” insert ", (ba)"

Gov 26

Schedule 4, page 186, line 4, leave out sub-paragraph (3) and insert— "(3) After subsection (8) insert— "(9) But unoccupied HMO accommodation is "qualifying residential premises" for the purposes of this Part only to the extent provided for by section 2B(1)(ba).””

Gov 27

Schedule 4, page 202, line 5, leave out from second "premises" to ", and" in line 6 and insert "other than- (i) homelessness accommodation (see paragraph B1), or (ii) common parts (see paragraph 4)"

Gov 28

Schedule 4, page 202, line 11, leave out from beginning to second “the” in line 13 and insert— "(1A) Sub-paragraph (2) applies in relation to the premises if they are- (a) a dwelling or HMO let under a relevant tenancy, (b) an HMO where at least one unit of accommodation which forms part of the HMO is let under a relevant tenancy, or (c) a building or a part of a building constructed or adapted for use as a house in multiple occupation if— (i) it is for the time being only occupied by persons who form a single household, and (ii) the accommodation which those persons occupy is let under a relevant tenancy."

Gov 29

Schedule 4, page 202, line 31, leave out paragraph (b) and insert— "(4) In this paragraph- "common parts” means common parts that are qualifying residential premises by virtue of section 2B(1)(d); "homelessness accommodation” means accommodation in England- (a) the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (b) which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4). Service of improvement notices: homelessness accommodation (whether or not it is qualifying residential premises) B1 (1) This paragraph applies where the specified premises in the case of an improvement notice are homelessness accommodation (which has the same meaning here as in paragraph A1). (2) The notice must be served on any person- (a) who has an estate or interest in the premises, and (b) who, in the opinion of the local housing authority, ought to take the action specified in the notice. (3) This paragraph applies instead of paragraph 1, 2 or 3 (in a case where that paragraph would otherwise apply to the improvement notice).”

Gov 30

Schedule 4, page 203, line 5, leave out "let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,"

Gov 31

Schedule 4, page 203, line 8, at end insert "or (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation- (i) that is for the time being only occupied by persons who form a single household, and (ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

Gov 32

Schedule 4, page 203, line 12, after "tenancy.” insert- "(2B) Where— (a) sub-paragraph (2A) does not apply in relation to the specified premises, (b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and (c) the person providing the homelessness accommodation— (i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and (ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)), the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph. (2C) In sub-paragraph (2B) "homelessness accommodation" means accommodation in England- (a) the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (b) which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).”

Gov 33

Schedule 4, page 203, line 13, leave out "after "(2)” insert “or (2A)”” and insert "for "sub-paragraph (2)" substitute "this paragraph""

Gov 34

Schedule 4, page 203, line 28, leave out "let under a relevant tenancy, or” and insert "a dwelling or HMO let under a relevant tenancy,"

Gov 35

Schedule 4, page 203, line 31, at end insert "or (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation- (i) that is for the time being only occupied by persons who form a single household, and (ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

Gov 36

Schedule 4, page 203, line 35, after “tenancy.” insert- "(2B) Where— (a) sub-paragraph (2A) does not apply in relation to the specified premises, (b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and (c) the person providing the homelessness accommodation- (i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and (ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),

Gov 37

Schedule 4, page 203, line 36, leave out “or (2A)” and insert “, (2A) or (2B)"

Gov 38

Schedule 4, page 203, line 37, leave out “after “(2)” insert “, (2A)”” and insert "for "sub-paragraph (2) or (3)″ substitute “this paragraph”"

Gov 39

Schedule 4, page 204, line 4, leave out "let under a relevant tenancy, or” and insert "a dwelling or HMO let under a relevant tenancy,"

Gov 40

Schedule 4, page 204, line 7, at end insert "or (iii) are a building or a part of a building constructed or adapted for use as a house in multiple occupation that is for the time being only occupied by persons who form a single household and where the accommodation which those persons occupy is let under a relevant tenancy,”

NC1

To move the following Clause—<br> <b>“Impact of orders for possession on credit ratings</b><br> (1) The Financial Conduct Authority must develop guidance for credit rating agencies on the impact of orders for possession on the credit ratings of tenants.<br> (2) Guidance prepared under this section must—<br> (a) outline that being subject to an order for possession under Grounds 1 to 8 must not negatively impact an individual’s credit rating;<br> (b) be published within three months of the passing of this Act.”

24

Clause 98, page 118, line 27, at end insert—<br> “(ba) a building or part of a building constructed or adapted for use as a house in multiple occupation if—<br> (i) it is for the time being only occupied by persons who form a single household, and<br> (ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation,<br> <span class="wrapped">except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,”</span>

<p>This expands the definition of “qualifying residential premises” - and therefore expands the scope of the power in new section 2A inserted by this clause - so as to catch HMO accommodation which is occupied by only one household (and therefore does not count as an HMO because it is not actually in multiple occupation).</p>

25

Clause 98, page 118, line 34, after “(b)” insert “, (ba)”

<p>This is consequential on Amendment 24.</p>

26

Schedule 4, page 186, line 4, leave out sub-paragraph (3) and insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">After subsection (8) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(ba).””</span></span>

<p>This is consequential on Amendment 24.</p>

27

Schedule 4, page 202, line 5, leave out from second “premises” to “, and” in line 6 and insert “other than—<br> (i) homelessness accommodation (see paragraph B1), or<br> (ii) common parts (see paragraph 4)”

<p>This excludes homelessness accommodation from the scope of the new paragraph A1. Instead it is dealt with by the new paragraph B1 inserted by Amendment 29. (Common parts are already excluded from new paragraph A1.)</p>

28

Schedule 4, page 202, line 11, leave out from beginning to second “the” in line 13 and insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(1A)</span><span class="sub-para-text">Sub-paragraph (2) applies in relation to the premises if they are—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">a dwelling or HMO let under a relevant tenancy,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">an HMO where at least one unit of accommodation which forms part of the HMO is let under a relevant tenancy, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">a building or a part of a building constructed or adapted for use as a house in multiple occupation if—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">it is for the time being only occupied by persons who form a single household, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">the accommodation which those persons occupy is let under a relevant tenancy.</span></span>

<p>This is consequential on Amendment 24.</p>

29

Schedule 4, page 202, line 31, leave out paragraph (b) and insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In this paragraph—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">“common parts” means common parts that are qualifying residential premises by virtue of </span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">section 2B(1)(d);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">“homelessness accommodation” means accommodation in England—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).</span></span><br> <i class="text-centre">Service of improvement notices: homelessness accommodation (whether or not it is qualifying residential premises)</i><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(1)</span><span class="sub-para-text">This paragraph applies where the specified premises in the case of an improvement notice are homelessness accommodation (which has the same meaning here as in paragraph A1).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The notice must be served on any person—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">who has an estate or interest in the premises, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">who, in the opinion of the local housing authority, ought to take the action specified in the notice.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">This paragraph applies instead of paragraph 1, 2 or 3 (in a case where that paragraph would otherwise apply to the improvement notice).”</span></span>

<p>The definitions are consequential on Amendment 27. The new paragraph B1 provides for the service of all improvement notices relating to homelessness accommodation (and replaces the current provision which only catches notices about requirements under regulations under section 2A).</p>

30

Schedule 4, page 203, line 5, leave out “let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,”

<p>This is consequential on Amendment 24.</p>

31

Schedule 4, page 203, line 8, at end insert “or<br> (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation—<br> (i) that is for the time being only occupied by persons who form a single household, and<br> (ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

<p>This is consequential on Amendment 24.</p>

32

Schedule 4, page 203, line 12, after “tenancy.” insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2B)</span><span class="sub-para-text">Where—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">sub-paragraph (2A) does not apply in relation to the specified premises,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the person providing the homelessness accommodation—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2C)</span><span class="sub-para-text">In sub-paragraph (2B) “homelessness accommodation” means accommodation in England—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).”</span></span>

<p>This requires copies of a prohibition notice to be given where homelessness accommodation is provided by a person who is a tenant of the accommodation under a lease with an unexpired term of 3 years or less.</p>

33

Schedule 4, page 203, line 13, leave out “after “(2)” insert “or (2A)”” and insert “for “sub-paragraph (2)” substitute “this paragraph””

<p>This is consequential on Amendment 32.</p>

34

Schedule 4, page 203, line 28, leave out “let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,”

<p>This is consequential on Amendment 24.</p>

35

Schedule 4, page 203, line 31, at end insert “or<br> (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation—<br> (i) that is for the time being only occupied by persons who form a single household, and<br> (ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

<p>This is consequential on Amendment 24.</p>

36

Schedule 4, page 203, line 35, after “tenancy.” insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2B)</span><span class="sub-para-text">Where—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">sub-paragraph (2A) does not apply in relation to the specified premises,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the person providing the homelessness accommodation—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2C)</span><span class="sub-para-text">In sub-paragraph (2B) “homelessness accommodation” means accommodation in England—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).”</span></span>

<p>This requires copies of a prohibition notice to be given where homelessness accommodation is provided by a person who is a tenant of the accommodation under a lease with an unexpired term of 3 years or less.</p>

37

Schedule 4, page 203, line 36, leave out “or (2A)” and insert “, (2A) or (2B)”

<p>This is consequential on Amendment 36.</p>

38

Schedule 4, page 203, line 37, leave out “after “(2)” insert “, (2A)”” and insert “for “sub-paragraph (2) or (3)” substitute “this paragraph””

<p>This is consequential on Amendment 36.</p>

39

Schedule 4, page 204, line 4, leave out “let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,”

<p>This is consequential on Amendment 24.</p>

40

Schedule 4, page 204, line 7, at end insert “or<br> (iii) are a building or a part of a building constructed or adapted for use as a house in multiple occupation that is for the time being only occupied by persons who form a single household and where the accommodation which those persons occupy is let under a relevant tenancy,”

<p>This is consequential on Amendment 24.</p>

1

Clause 4, page 7, line 6, at end insert—<br> “(5) After section 11 of the 1988 Act insert—<br> <b>“11A</b> <b>Possession on ground 6A: compensation of tenant</b><br> (1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6A in Schedule 2 to this Act (whether or not the order is also made on any other ground).<br> (2) The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession.<br> (3) In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6A being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6A being available).””

<p>This gives the court power to order the landlord to pay compensation to the tenant where possession is obtained on Ground 6A (failure of premises to comply with planning requirements etc).</p>

10

Clause 12, page 17, line 7, leave out “subsection (5)” insert “subsections (5) and (5A)”

<p>This amendment is consequential on Amendment 11</p>

11

Clause 12, page 17, line 16, at end insert—<br> “(5A) Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy.”

<p>This creates an exception from the new duty, inserted by clause 12 of the Bill into the Housing Act 1988, for a landlord to provide a written statement of certain matters before entering into an assured tenancy, so that the landlord of a tenancy which becomes an assured tenancy following the transfer of a demoted tenancy under the Housing Act 1996 has 28 days from becoming the landlord of the tenancy to fulfil those duties.</p>

22

Clause 59, page 84, line 23, leave out from “in” to end of line 25 and insert “section 13(1A), (1AA) or (1AB);”

<p>This adds a reference to the new subsection (1AA) which will be inserted into section 13 of the Landlord and Tenant Act 1985 by clause 30(3)(b)(ii).</p>

23

Clause 62, page 90, line 16, at end insert—<br> “(4A) Regulations under subsection (1) may require a person—<br> (a) to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;<br> (b) at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations.<br> (4B) For the purposes of subsection (4A), “relevant property information” means such information as may be specified in the regulations relating to—<br> (a) any residential tenancy under which the person is the residential landlord;<br> (b) any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord.”

<p>This enables regulations made under clause 62 (landlord redress schemes) to require a person on applying to join a landlord redress scheme to provide certain information about residential tenancies of which they are the landlord, or dwellings that will be marketed for the purpose of becoming residential tenancies of which they will be the landlord. There is also a separate duty to notify the scheme administrator of any changes to such information.</p>

2

Schedule 1, page 157, leave out line 13

<p>This allows Ground 1B to be used to obtain possession whenever the landlord intends to grant an assured tenancy to another person (whether or not it is to be granted pursuant to a rent-to-buy agreement).</p>

3

Schedule 1, page 157, leave out line 30

<p>This leaves the definition of “market rent” out of Ground 1B, as it is superseded by Amendment 4.</p>

4

Schedule 1, page 157, line 33, after “rent” insert “(and here "rent" and "market rent" include any amount payable by way of service charge)”

<p>This ensures that any service charge is taken into account in both the rent and the market rent (when determining whether the rent is higher than 80% of the market rent).</p>

5

Schedule 1, page 165, line 18, leave out from “than” to “, and” in line 22 and insert “80% of market rent (and here "rent" and "market rent" include any amount payable by way of service charge)”

<p>This replaces the term “affordable rent” with a reference to rent that is no more than 80% of the market rent.</p>

6

Schedule 1, page 168, line 30, leave out “situations has occurred” and insert “applies”

<p>This changes the opening wording so that it works better with the provision which follows.</p>

7

Schedule 1, page 169, line 30, at end insert—<br> “(g) compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.”

<p>This enables the landlord to obtain possession where planning enforcement action has been taken and compliance with that action would be incompatible with continued occupation under the tenancy.</p>

8

Schedule 1, page 169, line 37, at end insert—<br> ““planning enforcement notice or injunction” means—<br> (a) an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,<br> (b) a breach of condition notice served under section 187A of the TCPA 1990,<br> (c) an injunction granted under section 187B of the TCPA 1990,<br> (d) a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or<br> (e) an injunction granted under section 44A of the P(LBCA)A 1990;<br> “P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;<br> “TCPA 1990” means the Town and Country Planning Act 1990;”

<p>This defines the term “planning enforcement notice or injunction” which is used in Amendment 7.</p>

9

Schedule 1, page 172, leave out lines 29 to 32

<p>This is in consequence of Amendment 5.</p>

12

Schedule 2, page 174, line 29 at end insert—<br> <i class="text-centre">“Greater London Council (General Powers) Act 1973</i><br> 7A In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—<br> (a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;<br> (b) after that paragraph insert—<br> “(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;””

<p>This creates an exception to the restriction on the provision of temporary sleeping accommodation in residential premises in Greater London for less than 90 days, where occupation of such accommodation is under or by virtue of an assured tenancy agreement.</p>

13

Schedule 2, page 174, line 31, leave out paragraph 8 and insert—<br> “8 The Housing Act 1985 is amended as follows.<br> 8A In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i).<br> 8B In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and”<br> 8C In section 82A (demotion because of anti-social behaviour)—<br> (a) in subsection (1), omit paragraphs (ba) and (c);<br> (b) in subsection (8), omit paragraph (b).<br> 8D In section 171B (extent of preserved right), omit subsection (1A).<br> 8E In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.”

<p>This adds further amendments to the Housing Act 1985 to remove the power of private registered providers of social housing and registered social landlords to apply for demotion orders relating to secure tenancies (new paragraph 8C(a)) and otherwise in consequence of the changes made by Part 1 of the Bill.</p>

14

Schedule 2, page 176, line 2, at end insert—<br> “17A In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.<br> 17B In section 17 (succession to assured tenancy)—<br> (a) in subsection (1)(a), omit “periodic”;<br> (b) in subsection (1A)(a), omit “periodic”;<br> (c) omit subsection (1B);<br> (d) omit subsection (1C);<br> (e) in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;<br> (f) in subsection (5), omit “or (1B)(c) above”;<br> (g) in subsection (6), omit “, (1C)”;<br> (h) omit subsection (7).”

<p>This makes further amendments to the Housing Act 1988 to take account of changes made by Part 1 of the Bill.</p>

15

Schedule 2, page 176, line 17, leave out paragraph 21 and insert—<br> ““21 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 39 (statutory tenants: succession) is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (5), in the words after paragraph (b), omit “periodic”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In subsection (6)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the words before paragraph (a), omit “periodic”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16C”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">omit paragraph (f).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Omit subsection (7).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In subsection (8)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">omit “periodic”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">For subsection (9) substitute—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">where a notice of variation has been served under paragraph (a)—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal's opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">which begins on the date of the predecessor’s death, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal's consideration;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in making a determination under paragraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(f)</span><span class="sub-para-text">where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(g)</span><span class="sub-para-text">nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.””</span></span>

<p>This makes consequential amendments of section 39 of the Housing Act 1988.</p>

16

Schedule 2, page 176, line 37, at end insert—<br> “30A In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.<br> 30B In section 125 (duration of introductory tenancy)—<br> (a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”;<br> (b) omit subsection (3A).”

<p>This adds further amendments to the Housing Act 1996 relating to introductory tenancies to take account of the changes made by Part 1 of the Bill.</p>

17

Schedule 2, page 177, line 2, at end insert—<br> “31A In section 143C (change of landlord), in subsection (3), omit “shorthold”.”

<p>This adds further amendments to the Housing Act 1996 relating to demoted tenancies to take account of the changes made by Part 1 of the Bill.</p>

18

Schedule 2, page 178, line 23, at end insert—<br> “(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).”

<p>This amends Schedule 1 to the Anti-social Behaviour Act 2003 in consequence of the amendment made to section 171B of the Housing Act 1985 by Amendment 13.</p>

19

Schedule 2, page 178, leave out lines 25 to 27 and insert—<br> “45 The Housing Act 2004 is amended as follows.<br> 46 Omit section 75.<br> 47 Omit section 98.<br> 48 In section 116 (general effect of final management orders), in subsection (4)—<br> (a) in paragraph (a)(ii), omit “(subject to paragraph (b))”;<br> (b) for paragraph (b) substitute—<br> “(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988.”<br> 49 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—<br> “(aa) paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;”.<br> 50 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—<br> (a) in paragraph (a)(ii) omit “(subject to paragraph (b))”;<br> (b) for paragraph (b) substitute—<br> “(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.””

<p>This replaces the amendments to the Housing Act 2004 and adds new amendments to the provisions in that Act relating to management orders to take account of the changes made by Part 1 of the Bill.</p>

20

Schedule 2, page 179, line 4, at end insert—<br> “(ba) in section 158 (secure and assured tenancies: transfer of tenancy)—<br> (i) omit subsection (3)(b)(i) and the “and” after it;<br> (ii) omit subsection (4)(b) and the “or” before it;<br> (iii) in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;<br> (iv) in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;<br> (v) in subsection (10), omit “shorthold”;<br> (bb) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;”

<p>This adds further amendments to the Localism Act 2011 in relation to the transfer of tenancies to take account of the changes made by Part 1 of the Bill.</p>

21

Schedule 2, page 179, line 8, at end insert—<br> “(ea) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);”

<p>This repeals section 184(10) to (13) of the Localism Act 2011. The repealed provision amends section 215 of the Housing Act 2004 (which is replaced by clause 25(5) of the Bill).</p>