Moved by
Lord Freud
108B: Clause 22, page 21, line 7, leave out subsection (2) and insert—
“(2) Section 21 does not apply in relation to social housing of a registered provider if, where the registered provider’s interest in the property that consists of or includes the social housing is subject to a mortgage—
(a) the mortgagee is in possession of the interest in the property or the part of the property that includes the social housing, in the exercise of the mortgagee’s powers to enforce the mortgage,(b) a receiver has been appointed in relation to the interest in the property or the part of the property that includes the social housing by—and that appointment is in force, or(i) the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage, or(ii) the court, in connection with enforcing the mortgage,and that appointment is in force, or(c) a person has been appointed by the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage (including, in the case of a floating charge which relates to the interest in the property, the power under paragraph 14 of Schedule B1 to the Insolvency Act 1986), to exercise powers that include a power to sell or otherwise dispose of the interest in the property or the part of the property that includes the social housing and that appointment is in force.”
“(2) Section 21 does not apply in relation to social housing of a registered provider if, where the registered provider’s interest in the property that consists of or includes the social housing is subject to a mortgage—
(a) the mortgagee is in possession of the interest in the property or the part of the property that includes the social housing, in the exercise of the mortgagee’s powers to enforce the mortgage,(b) a receiver has been appointed in relation to the interest in the property or the part of the property that includes the social housing by—and that appointment is in force, or(i) the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage, or(ii) the court, in connection with enforcing the mortgage,and that appointment is in force, or(c) a person has been appointed by the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage (including, in the case of a floating charge which relates to the interest in the property, the power under paragraph 14 of Schedule B1 to the Insolvency Act 1986), to exercise powers that include a power to sell or otherwise dispose of the interest in the property or the part of the property that includes the social housing and that appointment is in force.”
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Moved by
Lord Freud
110C: Schedule 2, page 34, line 9, leave out sub-paragraph (2) and insert—
“(2) Part 1 does not apply in relation to social housing of a registered provider if, where the registered provider’s interest in the property that consists of or includes the social housing is subject to a mortgage—
(a) the mortgagee is in possession of the interest in the property or the part of the property that includes the social housing, in the exercise of the mortgagee’s powers to enforce the mortgage,(b) a receiver has been appointed in relation to the interest in the property or the part of the property that includes the social housing by—(i) the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage, or(ii) the court, in connection with enforcing the mortgage,and that appointment is in force, or(c) a person has been appointed by the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage (including, in the case of a floating charge which relates to the interest in the property, the power under paragraph 14 of Schedule B1 to the Insolvency Act 1986), to exercise powers that include a power to sell or otherwise dispose of the interest in the property or the part of the property that includes the social housing and that appointment is in force.”
“(2) Part 1 does not apply in relation to social housing of a registered provider if, where the registered provider’s interest in the property that consists of or includes the social housing is subject to a mortgage—
(a) the mortgagee is in possession of the interest in the property or the part of the property that includes the social housing, in the exercise of the mortgagee’s powers to enforce the mortgage,(b) a receiver has been appointed in relation to the interest in the property or the part of the property that includes the social housing by—(i) the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage, or(ii) the court, in connection with enforcing the mortgage,and that appointment is in force, or(c) a person has been appointed by the mortgagee, in the exercise of the mortgagee’s powers to enforce the mortgage (including, in the case of a floating charge which relates to the interest in the property, the power under paragraph 14 of Schedule B1 to the Insolvency Act 1986), to exercise powers that include a power to sell or otherwise dispose of the interest in the property or the part of the property that includes the social housing and that appointment is in force.”
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Moved by
Lord Freud
110F: After Clause 26, insert the following new Clause—
“Implied terms
(1) A lease or other agreement by virtue of which a person is a tenant of a registered provider contains, by virtue of this subsection, an implied term enabling the registered provider to reduce the amount of rent payable by the tenant, without giving prior notice, where the reduction is made for the purpose of complying with a requirement imposed by or under section 21or 26 or Part 1 of Schedule 2.
(2) Subsection (1) has effect notwithstanding any express provision in a lease or other agreement.
(3) Section 102 of the Housing Act 1985 (variation of terms of a secure tenancy) has effect subject to subsection (1).”
“Implied terms
(1) A lease or other agreement by virtue of which a person is a tenant of a registered provider contains, by virtue of this subsection, an implied term enabling the registered provider to reduce the amount of rent payable by the tenant, without giving prior notice, where the reduction is made for the purpose of complying with a requirement imposed by or under section 21or 26 or Part 1 of Schedule 2.
(2) Subsection (1) has effect notwithstanding any express provision in a lease or other agreement.
(3) Section 102 of the Housing Act 1985 (variation of terms of a secure tenancy) has effect subject to subsection (1).”
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Moved by
Lord Freud
110J: Clause 27, page 25, line 10, after “26” insert “and (Change of registered provider)”
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Moved by
Lord Freud
110K: Clause 31, page 27, line 21, at end insert—
“( ) section 21(3) and (4);”
“( ) section 21(3) and (4);”