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Housing and Regeneration Bill

With this it will be convenient to discuss the following: Government new clause 12—Shared ownership leases: protection for certain leases. Government new clause 13—Service charges: provision of information and designated accounts. New clause 1—Consultation principles— ‘(1) The Secretary of State shall, by regulations made by statutory instrument, set out a code of practice to govern local authority consultations with tenants concerning— (a) a change of landlord, or (b) a major change in the management of their homes. (2) Regulations made under subsection (1) shall require the local authority to— (a) place in the public domain all relevant information as is necessary for them to influence or control the management of their accommodation and environment including the resources available to the authority to spend on its stock, stock conditions surveys, the business plan of the proposed landlord, the transfer valuation, details of any land and property to be disposed of, and any other information on which the Offer Document and transfer proposal is based, (b) ensure at the start of the consultation that all tenants are aware of their rights to access information as set out under paragraph (a), (c) ensure that material it produces is objective, balanced, informative and accurate, (d) provide the same level of resources for any tenant group who serves written notice on the authority opposing a proposal as that given to any tenant group making such a proposal so that they can put an alternative view to tenants, (e) not deny any reasonable request from any group under paragraph (d) for lists of addresses and access to notice boards, meeting facilities and other relevant resources to enable all parties to communicate with those entitled to vote, (f) give two months notice of— (i) the start and end date of the ballot, and (ii) how those eligible will be able to vote, and (g) ensure that information regarding who has voted at any point in time is treated in confidence, (h) not exceed spending limits for these consultations as may be determined by the Secretary of State and certified as proper by the District Auditor.’. New clause 8— Subsidy arrangements: formula and exclusions— ‘(1) In section 80 of the Local Government and Housing Act 1989 (c. 42) (calculation of Housing Revenue Account subsidy) after subsection (3) insert— ““(3A) In determining a formula for the purposes of this section for any year, the Secretary of State shall take into account— (a) the resources required properly to manage, maintain and repair houses and other properties within their respective Housing Revenue Accounts, (b) research into these matters, and (c) the resources required to enable respective authorities to acquire, rehabilitate and build new housing to be held within their Housing Revenue Accounts that contributes to meeting the need for affordable housing within their respective areas.’. New clause 9— Orders for possession— ‘Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as follows— (1) In subsection (3), at the beginning of the subsection, add ““Subject to subsection (3A)””. (2) After subsection (3), add the following subsection— ““(3A) Ground 8 in Part 1 of Schedule 2 shall not be used in possession proceedings brought by registered providers of social housing, as defined in section [79] of the Housing and Regeneration Act 2008.””. (3) In subsection (3), for ““subsections (5A) and (6)”” substitute ““subsections (5A), (6) and (6A)””. (4) In subsection (4), for ““subsections (5A) and (6)”” substitute ““subsections (5A), (6) and (6A)””. (5) After subsection (6), insert— ““(6A) If the court is satisfied— (a) that Ground 8 in Part 1 of Schedule 2 to this Act is established; and (b) that some rent is in arrears as a consequence of a delay or failure in the payment of relevant housing benefit, it shall not make an order for possession unless it considers it reasonable to do so.””. (6) At end insert— ““(8) In subsection (6A) above— (a) ““relevant housing benefit”” means— (i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006 (S.I. 2006/213); or (ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations; (b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure so far as referable to any wilful act or omission of the tenant.””’. New clause 29— Sinking funds— ‘(1) The Secretary of State must, within 12 months of the date on which this Act is passed, make regulations regarding the terms of leases granted by local authorities for residential properties. (2) The regulations made under subsection (1) shall provide that all leases granted by local authorities for residential properties shall be deemed to include provision for tenants to make contributions to a sinking fund to be used to finance any proposed works in relation to tenants’ properties. (3) Regulations made by the Secretary of State under this section shall be made by statutory instrument. (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’. New clause 31— Involvement of tenants in decisions on works— ‘(1) The Landlord and Tenant Act 1985 (c. 70) is amended as follows. (2) In section 20ZA (consultation requirements: supplementary), for subsection (5) substitute— ““(5) Regulations under subsection (4) shall include provision— (a) requiring the landlord to give reasons in prescribed circumstances for carrying out works; (b) requiring the landlord to provide details of proposed works, including estimates of costs, to tenants or the recognised tenants’ association representing them; (c) requiring the landlord to invite residential tenants or the recognised tenants’ association to propose the names of persons from whom the landlord should try to obtain other estimates; (d) requiring the landlord to consult those tenants affected by the proposed works on— (i) the specifications for any tenders issued in respect of the proposed works, and (ii) all tenders received in respect of the proposed works; (e) to enable tenants or the recognised tenants’ association to submit, within a specified period of time, a counter proposal in respect of proposed works, specifying alternative provision of the proposed works; (f) requiring the landlord to— (i) have regard to any observations made by tenants or the recognised tenants’ association in relation to the proposed works, (ii) hold a ballot of the tenants directly affected by the proposed works on any counter-proposal that is supported by 25 per cent. or more of those tenants directly affected by the proposed works, and (iii) adopt the counter-proposal if it is supported by a majority of tenants directly affected by the proposed works in the ballot; (g) requiring the landlord to make available for inspection by the public at reasonable times and for a period of 10 years from initial publication— (i) details of any proposed works and any responses to consultations on such works, (ii) any counter-proposals that are supported by more than 25 per cent. of tenants directly affected by the proposed works, and (iii) any requests to a residential property tribunal service for adjudication and details of the consequent decisions; (h) in cases of dispute, for a leasehold valuation tribunal or other independent arbitration tribunal to make a determination in respect of proposed works or agreements upon application by a landlord, residential tenant or the recognised tenants association.””. (3) In section 19 (limitation of service charges: reasonableness), after subsection (3) insert— ““(3A) If the relevant contribution of any residential tenant in any 12 months period exceeds £12,000, arrangements must be made by the landlord for such tenants to pay that contribution in monthly instalments not exceeding £250 for that period.””.’. Amendment No. 5, page 113, line 14, in clause 280, leave out from ‘ballot’ to ‘or’ in line 15 and insert ‘in accordance with the code of practice set out in section (Consultation principles);’. Amendment No. 145, page 114, line 7, in clause 281, at end add— ‘(4) Section 105 of the Housing Act 1985 (consultation on matters of housing management) is amended as follows. (5) In subsection (2), after paragraph (b) insert— ““(ba) a proposed measure or policy relating to the matters specified in paragraphs (a) and (b) about which the Secretary of State has published a consultation document to which the landlord authority intends to make a written response.””’. Government amendments Nos. 31 to 41. Amendment No. 14, page 122, line 38, in clause 290, after ‘the’, insert ‘earlier of— (a) the’. Government amendment No. 42. Amendment No. 15, page 122, line 38, in clause 290, at end insert ‘; or (b) the completion of the sale’. Government amendments Nos. 43 to 50. Government new schedule 2— ‘Possession orders relating to certain tenancies. Government new schedule 3— ‘Service charges: provision of information and designated accounts. Government amendments Nos. 51 to 59