Renters (Reform) Bill (Tenth sitting)

Lloyd Russell-Moyle Excerpts

Committee stage
Tuesday 28th November 2023 Public Bill Committees

[Matthew Pennycook]

I thank the Minister for that answer. I fully accept that there is a difference between a large registered social landlord, and a mum-and-dad landlord, who might own only one or two buy-to-let properties. However, we should not therefore say that it is acceptable for the kinds of cases that Awaab’s law would cover, if extended to the private sector, to go on unchallenged. I am not satisfied that there are existing powers to challenge those cases. If there were such powers in the social rented sector, the Government would not have needed to bring forward Awaab’s law. Actually, if the Government were properly resourcing local authorities to enforce, Awaab’s law might not be necessary, but the Government deemed it necessary in the social rented sector.

As the Bill demonstrates, the difference between the private rented sector and the social sector will break down to some extent, whether as a result of the ombudsman, who will cover both sectors, or other measures. We think the law should cover both sectors, and I find the Minister’s response unconvincing. I will press new clause 60 to a Division.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

It is worth pointing out that the Minister himself said that the condition of the housing stock in the private rented sector was now considered to be worse than the condition of the housing stock in the social rented sector. Surely the Minister should therefore argue that we need tougher regulation, because regulation is failing more badly in the private sector than in the social sector, but he seems not to have followed through on his argument.

[Matthew Pennycook]

My hon. Friend is right. We know that standards in the social rented sector are inadequate; that is why the Government brought forward their recent legislation, which we supported. Things are worse in the private rented sector. I quoted the Citizens Advice statistic: 1.6 million children are in damp, mouldy or cold homes. If anything, there is a stronger case for Awaab’s law applying to the private rented sector than to the social, but the Minister is trying to have it both ways, for the obvious reason that the Government do not want to accept our new clause. I encourage them to go away and think. We will press the new clause to a vote. If the measures are good enough for the social rented sector, surely they are good enough for tenants in the private rented sector; I have seen no evidence that those tenants are not interested in the tougher powers that Awaab’s law would provide.

Finally, I would welcome any further detail from the Minister on whether there is a need to go further on licensed temporary accommodation properties.

Question put and negatived.

Clause 63 accordingly disagreed to.

Clause 54

Crown application

Amendments made: 97, in clause 54, page 55, line 15, leave out “(4), this Part” and insert “(4D), this Act”.

This amendment provides for a default rule which will have the effect that, subject to any specific provision about them, the new clauses which make freestanding provision in the Bill will bind the Crown. This is intended to mean that the Crown will be bound by the new clauses containing prohibitions on discriminatory practices in relation to tenancies and (subject to exceptions in Amendment 98 for powers of entry) the new investigatory powers.

Amendment 98, in clause 54, page 55, line 30, at end insert—

“(4A) Sections (Business premises: entry without warrant), (Requirements where occupiers are on business premises entered without warrant), (Business premises: warrant authorising entry), (Business premises: entry under warrant), (Power to require production of documents following entry), (Power to seize documents following entry), (Access to seized documents), (Appeal against detention of documents), (Suspected residential tenancy: entry without warrant), (Requirements where occupiers are on residential premises entered without warrant), (Suspected residential tenancy: warrant authorising entry), (Suspected residential tenancy: entry under warrant) and (Powers of accompanying persons) do not bind the Crown.

(4B) Nothing in section (Offences) makes the Crown criminally liable.

(4C) The High Court may declare unlawful any act or omission for which the Crown would be criminally liable under section (Offences) but for subsection (4B).

(4D) An amendment or repeal made by this Act binds the Crown to the extent that the provision amended or repealed binds the Crown (but in the case of an amendment of the 1988 Act, this is subject to the amendments made by section 13).”

This amendment provides that the new clauses conferring powers of entry do not bind the Crown. It also provides that the offences applying in relation to the new clauses about requiring information do not make the Crown criminally liable (but can lead to a declaration of unlawfulness) and deals with Crown application of amendments made by the Bill to other legislation.

Amendment 99, in clause 54, page 55, line 31, leave out

“Subsection (2) does not affect”

and insert

“Nothing in this section affects”.—(Jacob Young.)

This amendment is consequential on Amendment 98.

Clause 54, as amended, ordered to stand part of the Bill.

Ordered,

That clause 54 be transferred to the end of line 30 on page 61. —(Jacob Young.)

This amendment is consequential on Amendment 97. It moves clause 54 into Part 5 of the Bill (general provisions). This is necessary because once clause 54 deals with the application to the Crown of new provisions added to the Bill, it will no longer relate only to Part 2, and therefore needs to be moved out of that Part.

Clause 55

Application to Parliament

Amendments made: 100, in clause 55, page 55, line 36, leave out “this Part” and insert

“Part 2 (and Part 3 so far as relating to Part 2)”.

This amendment is consequential on the motion to transfer clause 55. It also makes it clear that the general provisions about enforcement action in Part 3 of the Bill apply in relation to any tenancies and licences referred to in clause 55.

Amendment 101, in clause 55, page 56, line 16, at end insert—

“(2) The following provisions do not apply in relation to premises that are occupied for the purposes of either House of Parliament—

(a) Chapter 2A of Part 1;

(b) sections (Power of local housing authority to require information from relevant person), (Business premises: entry without warrant), (Requirements where occupiers are on business premises entered without warrant), (Business premises: warrant authorising entry), (Business premises: entry under warrant), (Power to require production of documents following entry), (Power to seize documents following entry), (Access to seized documents), (Appeal against detention of documents), (Suspected residential tenancy: entry without warrant), (Requirements where occupiers are on residential premises entered without warrant), (Suspected residential tenancy: warrant authorising entry), (Suspected residential tenancy: entry under warrant) and (Powers of accompanying persons).

(3) Nothing in section (Offences) makes the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords criminally liable.

(4) The High Court may declare unlawful any act or omission for which the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords would be criminally liable under section (Offences) but for subsection (3).

(5) Nothing in this section affects the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).”—(Jacob Young.)

This amendment provides that the new Chapter containing prohibitions on discriminatory practices in relation to tenancies and the new clauses on investigatory powers (except the power to require information from any person) do not apply in relation to premises occupied for the purposes of Parliament. It also provides that nothing in NC41 makes the Corporate Officers of the Houses criminally liable (though there can be a declaration of unlawfulness).

Clause 55, as amended, ordered to stand part of the Bill.

Ordered,

That clause 55 be transferred to the end of line 30 on page 61. —(Jacob Young.)

This amendment is consequential on Amendment 101. It moves clause 55 into Part 5 of the Bill (general provisions). This is necessary because once clause 55 deals with the application to Parliament of the new clauses relating to discriminatory practices and to investigatory powers, it will no longer relate only to Part 2 of the Bill.

Clause 56

Regulations

Amendments made: 102, in clause 56, page 56, line 18, leave out “Part” and insert “Act”.

This amendment provides for the provisions about regulations in clause 56(1) to apply in relation to regulations under the new clauses expected to be added to the Bill.

Amendment 103, in clause 56, page 56, line 28, leave out “Part” and insert “Act”.

This amendment provides for the provision for regulations to be made by statutory instrument to cover all the regulations under the Bill.

Amendment 104, in clause 56, page 56, line 29, after “section” insert

“(Power of the Secretary of State to amend Chapter 2A to protect persons of other descriptions),”.

This amendment provides for regulations under the new clause inserted by NC15 to be subject to affirmative procedure in Parliament.

Amendment 105, in clause 56, page 56, line 33, leave out “Part” and insert

“Act made by the Secretary of State”.

This amendment provides for a default rule that all regulations made by the Secretary of State under the Bill are to be subject to negative procedure in Parliament. The reference to the Secretary of State is included because under other amendments there are regulation-making powers for the Welsh Ministers which are to be subject to procedure in Senedd Cymru rather than Parliament.

Amendment 106, in clause 56, page 56, line 35, at end insert—

“(6) This section does not apply to regulations under section (Power of Welsh Ministers to make consequential provision) or this Part.”—(Jacob Young.)

This amendment is consequential on the motion to transfer clause 56. It ensures that, once clause 56 is moved into Part 5 of the Bill by that amendment, the clause will apply only to the substantive regulation-making powers under the Bill and not to any regulations made under the general powers in Part 5 (Part 5 already contains specific provision about procedure etc in relation to the general powers).

Clause 56, as amended, ordered to stand part of the Bill.

Ordered,

That clause 56 be transferred to the end of line 30 on page 61. —(Jacob Young.)

This amendment is consequential on Amendments 102, 103, 104 and 105. It moves clause 56 into Part 5 of the Bill (general provisions). This is necessary because once clause 56 deals with regulations under provisions outside of Part 2 of the Bill, it will no longer relate only to that Part.

Clause 64

Meaning of “the 1988 Act”

Amendment made: 107, in clause 64, page 61, line 30, after first “Act” insert—

“‘local housing authority’ means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;”.—(Jacob Young.)

This amendment inserts a definition of “local housing authority” for the purposes of the Bill as a whole.

Clause 64, as amended, ordered to stand part of the Bill.

Clause 65

Power to make consequential provision

Amendments made: 108, in clause 65, page 62, line 1, at end insert—

“(2A) The power to make regulations under this section includes power to make—

(a) supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes.”

This amendment allows regulations made by the Secretary of State containing provision that is consequential on the Bill to include supplementary or incidental provision and to make different provision for different purposes.

Amendment 109, in clause 65, page 62, line 2, leave out from “power”, in the first place, to “for” in line 3 and insert—

“under subsection (2A)(a) to make transitional provision includes power to provide”.—(Jacob Young.)

This amendment is consequential on Amendment 108.

Clause 65, as amended, ordered to stand part of the Bill.

Clause 66 ordered to stand part of the Bill.

Clause 67

Commencement and application

--- Later in debate ---

Brought up, and read the First time.

[Lloyd Russell-Moyle]

I beg to move, That the clause be read a Second time.

I am speaking to the new clause to push back a bit on the idea that the courts should not have discretion about some of the grounds. The harm caused to an individual by their being moved out of a property could be far greater than any advantage for someone moving into it. A relative of someone who is ill might have another house for a period of time, for example. Rather than there being two months’ notice, the courts should be given the discretion to decide, “You’re undergoing cancer treatment. Your relative has somewhere to live for six months, and that should be grounds for a delay of six months.” Such discretion should be permitted to the courts. Discretion is permitted in some cases: courts can rule in favour of deferred possession in other areas, but not when it comes to issues involving the non-discretionary grounds.

We have had this debate before. The Minister will respond, but I hope he is open to thinking about how the courts can be involved in areas where there can clearly sometimes be exceptional circumstances. At the moment, it is just a case of the courts asking whether the form has been filled in correctly. That does not do justice to our judges and lawyers, who usually get these things right.

[Jacob Young]

New clause 67 would make all grounds discretionary. That would remove any certainty for landlords that they could regain possession if they were seeking to sell or move in. Even more seriously, landlords would not even be guaranteed possession if their tenant was in a large amount of arrears, or had committed serious crimes. That could fatally undermine landlords’ confidence in the process for recovering possession.

In last week’s debate, we talked about getting the balance right between tenant security and a landlord’s ability to manage their properties. Where grounds are unambiguous and have a clear threshold, they are mandatory. That includes where a landlord has demonstrated their intention to sell, or a tenant has reached a certain threshold for rent arrears.

However, we completely agree that in more complex situations it is important that judges should have the discretion to decide whether possession is reasonable. Hon. Members talked last week about ground 14—the discretionary antisocial behaviour ground, which is one of those where judicial discretion is required and will remain so. The Government think the new clause strikes an unfair balance that will ultimately hurt tenants, and I ask the hon. Gentleman to withdraw it.

--- Later in debate ---

[Lloyd Russell-Moyle]

There remain many grounds that should involve more discretion. For example, rather than compliance with enforcement action being non-discretionary, there should be a discussion. If a landlord has been found guilty of not meeting the standards required, why should that automatically—just ticking the box—mean that the tenant is punished? Surely judges should be able to have some discretion on that ground.

Equally, there are many reasons why a wider discretion will be important when it comes to grounds for redevelopment; otherwise, there is a danger of abuse. I would like the Government to go away and think about how those thresholds are at least being met in respect of some of the grounds—not all of them, necessarily. How do we ensure that courts do not end up just going through a tick-box exercise? I totally understand the Government’s concerns about security in the sector, so I will not press the new clause to a vote. However, I do expect the Government to come back with some greater clarity on the guidelines that they will be giving to courts to ensure that the provisions are not just tick-box exercises and therefore abused by landlords. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Schedule

Decent homes standard

“Part 1

Amendments of Housing Act 2004

1 The Housing Act 2004 is amended as follows.

2 (1) Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows.

(2) In subsection (3)(a), omit ‘hazard’.

(3) In subsection (8), after ‘This Part’ insert ‘, except so far as it relates to the requirements specified by regulations under section 2A,’.

3 (1) Section 4 (inspections by local housing authorities) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If a local housing authority consider as a result of any matters of which they have become aware in carrying out their duty under section 3, or for any other reason, that it would be appropriate for any residential premises in their district to be inspected with a view to determining—

(a) whether any category 1 or 2 hazard exists on the premises, or

(b) in the case of qualifying residential premises, whether the premises meet the requirements specified by regulations under section 2A,

the authority must arrange for such an inspection to be carried out.’

(3) In subsection (2)—

(a) omit the ‘or’ at the end of paragraph (a), and

(b) after that paragraph insert—

‘(aa) in the case of qualifying residential premises, that the premises may not meet the requirements specified by regulations under section 2A, or’

(4) After subsection (5) insert—

‘(5A) Regulations made under subsection (4) by the Secretary of State may also make provision about the manner of assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A.’

(5) In subsection (6)—

(a) omit the ‘or’ at the end of paragraph (a), and

(b) after that paragraph insert—

‘(aa) that any qualifying residential premises in their district fail to meet the requirements specified by regulations under section 2A, or’

(6) In the heading, omit ‘to see whether category 1 or 2 hazards exist’.

4 (1) Section 5 (general duty to take enforcement action) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If a local housing authority consider that—

(a) a category 1 hazard exists on any residential premises, or

(b) any qualifying residential premises fail to meet a type 1 requirement,

the authority must take the appropriate enforcement action in relation to the hazard or failure.’

(3) In subsection (2)(c), for ‘a hazard’ substitute ‘an’.

(4) In subsections (3) to (6), after ‘hazard’ (in each place) insert ‘or failure’.

(5) In the heading, after ‘hazards’ insert ‘and type 1 requirements’.

5 In the heading to section 6 (how duty under section 5 operates in certain cases), omit ‘Category 1 hazards’.

6 After section 6 insert—

‘6A Financial penalties relating to category 1 hazards or type 1 requirements

(1) This section applies where—

(a) a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to—

(i) the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or

(ii) a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and

(b) in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement.

(2) When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.

(3) In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.

(4) For the purposes of subsection (3)—

(a) it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and

(b) any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1.

(5) In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1.

(6) The amount of the penalty is to be determined by the authority but must not be more than £5,000.

(7) A penalty under this section may relate to—

(a) more than one category 1 hazard on the same premises,

(b) more than one failure to meet type 1 requirements by the same premises, or

(c) any combination of such hazards or failures on or by the same premises.

(8) The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.

(9) Schedule A1 makes provision about—

(a) the procedure for imposing a financial penalty under this section,

(b) appeals against financial penalties under this section,

(c) enforcement of financial penalties under this section, and

(d) how local housing authorities are to deal with the proceeds of financial penalties under this section.’

7 (1) Section 7 (powers to take enforcement action) is amended as follows.

(2) In subsection (1), for ‘that a category 2 hazard exists on residential premises’ substitute ‘that—

(a) a category 2 hazard exists on residential premises, or

(b) qualifying residential premises fail to meet a type 2 requirement.’.

(3) In subsection (2)(c), for ‘a hazard’ substitute ‘an’.

(4) In subsection (3)—

(a) after ‘hazard’ (in the first place) insert ‘or failure to meet a type 2 requirement’, and

(b) after ‘hazard’ (in the second place) insert ‘or failure’.

(5) In the heading, after ‘hazards’ insert ‘and type 2 requirements’.

8 In section 8 (reasons for decision to take enforcement action), in subsection (5)(a), omit ‘hazard’.

9 (1) Section 9 (guidance about inspections and enforcement action) is amended as follows.

(2) In subsection (1)(b), omit ‘hazard’.

(3) After that subsection insert—

‘(1A) The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to—

(a) assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A, or

(b) financial penalties.’.

10 In the heading of Chapter 2 of Part 1 (improvement notices, prohibition orders and hazard awareness notices), omit ‘hazard’.

11 (1) Section 11 (improvement notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving an improvement notice under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).’

(3) In subsection (2), after ‘hazard’ insert ‘or failure’.

(4) In subsection (3)(a), after ‘exists’ insert ‘, or which fail to meet the requirement,’.

(5) In subsection (4)—

(a) after ‘exists,’ insert ‘or which fail to meet the requirement,’, and

(b) in paragraph (a), after ‘hazard’ insert ‘or failure’.

(6) In subsection (5)(a), for the words from ‘that’ to ‘but’ substitute ‘that—

(i) if the notice relates to a hazard, the hazard ceases to be a category 1 hazard;

(ii) if the notice relates to a failure by premises to meet a type 1 requirement, the premises meet the requirement; but’.

(7) In subsection (6), for the words from ‘to’ to the end substitute ‘to—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

(8) In subsection (8)—

(a) after ‘hazard’ (in the first place) insert ‘or failure’, and

(b) after ‘hazard’ (in the second place) insert ‘or secure that the premises meet the requirement’.

(9) In the heading, after ‘hazards’ insert ‘and type 1 requirements’.

12 (1) Section 12 (Improvement notices relating to category 2 hazards: power of authority to serve notice) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 2 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 2 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may serve an improvement notice under this section in respect of the hazard or failure.’

(3) In subsection (2), after ‘hazard’ insert ‘or failure’.

(4) In subsection (4), for the words from ‘to’ to the end substitute ‘to—

(a) more than one category 2 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

(5) In the heading, after ‘hazards’ insert ‘and type 2 requirements’.

13 (1) Section 13 (Contents of improvement notices) is amended as follows.

(2) In subsection (2)—

(a) after ‘hazard’ (in each place) insert ‘or failure’,

(b) after ‘hazards’ insert ‘or failures’, and

(c) in paragraph (b), after ‘exists’ insert ‘or to which it relates’.

(3) In subsection (5), after ‘hazard’ insert ‘or failure’.

14 In section 16(3) (revocation and variation of improvement notices)—

(a) after ‘hazards’ (in the first place) insert ‘or failures (or a combination of hazards and failures)’, and

(b) in paragraph (a), after ‘hazards’ insert ‘or failures’.

15 (1) Section 19 (change in person liable to comply with improvement notice) is amended as follows.

(2) For subsection (2) substitute—

‘(2) In subsection (1), the reference to a person ceasing to be a “person of the relevant category”—

(a) in the case of an improvement notice served on a landlord or superior landlord under paragraph A1(2) of Schedule 1, is a reference to the person ceasing to hold the estate in the premises by virtue of which the person was the landlord or superior landlord, and

(b) in any other case, is a reference to the person ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the notice was served on the person.’

(3) In subsection (7), for ‘or (9)’ substitute ‘, (9) or (10)’.

(4) After subsection (9) insert—

‘(10) If—

(a) the original recipient was served as a landlord or superior landlord under paragraph A1(2) of Schedule 1, and

(b) the original recipient ceases as from the changeover date to be a person of the relevant category as a result of ceasing to hold the estate in the premises by virtue of which the person was the landlord or superior landlord,

the new holder of the estate or, if the estate has ceased to exist, the reversioner, is the “liable person”.’

16 (1) In section 20 (prohibition orders relating to category 1 hazards: duty of authority to make order) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

making a prohibition order under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).’

(3) In subsection (3)—

(a) in paragraph (a), after ‘exists’ insert ‘, or which fail to meet the requirement,’, and

(b) for paragraph (b) substitute—

‘(b) if those premises are—

(i) one or more flats, or

(ii) accommodation falling within paragraph (e) of the definition of ‘residential premises’ in section 1(4) (homelessness) that is not a dwelling, HMO or flat,

it may prohibit the use of the building containing the flat or flats or accommodation (or any part of the building) or any external common parts;’.

(4) In subsection (4)—

(a) after ‘exists,’ insert ‘or which fail to meet the requirement,’, and

(b) in paragraph (a), after ‘hazard’ insert ‘or failure’.

(5) In subsection (5), for the words from ‘to’ to the end substitute ‘to—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

(6) In the heading, after ‘hazards’ insert ‘and type 1 requirements’.

17 (1) Section 21 (prohibition orders relating to category 2 hazards: power of authority to make order) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 2 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 2 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may make a prohibition order under this section in respect of the hazard or failure.’

(3) In subsection (4), for the words from ‘to’ to the end substitute ‘to—

(a) more than one category 2 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

(4) In the heading, after ‘hazards’ insert ‘and type 2 requirements’.

18 (1) Section 22 (contents of prohibition orders) is amended as follows.

(2) In subsection (2)—

(a) after ‘hazard’ (in each place) insert ‘or failure’,

(b) after ‘hazards’ insert ‘or failures’, and

(c) in paragraph (b), after ‘exists’ insert ‘or to which it relates’.

(3) In subsection (3)(b), after ‘hazards’ insert ‘, or failure or failures,’.

19 (1) Section 25 (revocation and variation of prohibition orders) is amended as follows.

(2) In subsection (1), for the words from ‘that’ to the end substitute ‘that—

(a) in the case of an order made in respect of a hazard, the hazard does not then exist on the residential premises specified in the order in accordance with section 22(2)(b), and

(b) in the case of an order made in respect of a failure by premises so specified to meet a requirement specified by regulations under section 2A, the premises then meet the requirement.’

(3) In subsection (3)—

(a) after ‘hazards’ (in the first place) insert ‘or failures (or a combination of hazards and failures)’, and

(b) in paragraph (a), after ‘hazards’ insert ‘or failures’.

20 In the italic heading before section 28, omit ‘Hazard’.

21 (1) Section 28 (hazard awareness notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

(2) For subsections (1) and (2) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving an awareness notice under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).

(2) An awareness notice under this section is a notice advising the person on whom it is served of—

(a) the existence of a category 1 hazard on, or

(b) a failure to meet a type 1 requirement by,

the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.’

(3) In subsection (3)(a), after ‘exists’ insert ‘, or which fail to meet the requirement,’.

(4) In subsection (4)—

(a) after ‘exists,’ insert ‘or which fail to meet the requirement,’, and

(b) in paragraph (a), after ‘hazard’ insert ‘or failure’.

(5) In subsection (5), for the words from ‘to’ to the end substitute ‘to—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

(6) In subsection (6)—

(a) after ‘hazard’ (in each place) insert ‘or failure’,

(b) after ‘hazards’ insert ‘or failures’, and

(c) in paragraph (a), after ‘exists’ insert ‘or to which it relates’.

(7) In subsection (8), for ‘a hazard’ substitute ‘an’.

(8) At the end insert—

‘(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.’

(9) In the heading—

(a) omit ‘Hazard’, and

(b) after ‘category 1 hazards’ insert ‘and type 1 requirements’.

22 (1) Section 29 (hazard awareness notices relating to category 2 hazards: power of authority to serve notice) is amended as follows.

(2) For subsections (1) and (2) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 2 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 2 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may serve an awareness notice under this section in respect of the hazard or failure.

(2) An awareness notice under this section is a notice advising the person on whom it is served of—

(a) the existence of a category 2 hazard on, or

(b) a failure to meet a type 2 requirement by,

the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.’

(3) In subsection (3), for ‘a hazard’ substitute ‘an’.

(4) In subsection (4), for the words from ‘to’ to the end substitute ‘to—

(a) more than one category 2 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

(5) In subsection (5)—

(a) after ‘hazard’ (in each place) insert ‘or failure’,

(b) after ‘hazards’ insert ‘or failures’, and

(c) in paragraph (a), after ‘exists’ insert ‘or to which it relates’.

(6) In subsection (8), for ‘a hazard’ substitute ‘an’.

(7) At the end insert—

‘(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.’

(8) In the heading—

(a) omit ‘Hazard’, and

(b) after ‘category 2 hazards’ insert ‘and type 2 requirements’.

23 (1) Section 30 (offence of failing to comply with improvement notice) is amended as follows.

(2) In subsection (2), after ‘hazard’ insert ‘or failure’.

(3) In subsection (3), omit ‘not exceeding level 5 on the standard scale’.

(4) in subsection (5), after ‘hazard’ insert ‘or failure’.

24 In section 32 (offence of failing to comply with prohibition order etc), in subsection (2)(a), omit ‘not exceeding level 5 on the standard scale’.

25 In section 35 (power of court to order occupier or owner to allow action to be taken on premises), for the definition of ‘relevant person’ in subsection (8) substitute—

‘“relevant person” , in relation to any premises, means—

(a) a person who is an owner of the premises;

(b) a person having control of or managing the premises;

(c) the holder of any licence under Part 2 or 3 in respect of the premises;

(d) in the case of qualifying residential premises which are let under a relevant tenancy, the landlord under the tenancy and any person who is a superior landlord in relation to the tenancy.’.

26 (1) Section 40 (emergency remedial action) is amended as follows.

(2) For subsection (1) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii),

the taking by the authority of emergency remedial action under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).’

(3) In subsection (2), after ‘hazard’ insert ‘or failure’.

(4) In subsection (4), for the words from ‘of’ to the end substitute ‘of—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.’

27 In section 41 (notice of emergency remedial action), in subsection (2)—

(a) after ‘hazard’ (in each place) insert ‘or failure’,

(b) after ‘hazards’ insert ‘or failures’, and

(c) in paragraph (a), after ‘exists’ insert ‘or to which it relates’.

28 In section 43 (emergency prohibition notices), for subsection (1) substitute—

‘(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii),

making an emergency prohibition order under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).’

29 In section 44 (contents of emergency prohibition orders), in subsection (2)—

(a) after ‘hazard’ (in each place) insert ‘or failure’,

(b) after ‘hazards’ insert ‘or failures’, and

(c) in paragraph (a), after ‘exists’ insert ‘or to which it relates’.

30 In section 49 (power to charge for certain enforcement action)—

(a) in subsection (1)(c), for ‘a hazard’ substitute ‘an’, and

(b) in subsection (2), for ‘a hazard’ substitute ‘an’.

31 In section 50 (recovery of charge under section 49), in subsection (2)(b), for ‘a hazard’ substitute ‘an’.

32 In section 54 (index of defined expressions: Part 1)—

(a) at the appropriate places insert—

[Jacob Young]

Ms Fovargue, I would like to put on record my thanks to you and the other Chairs of this Bill Committee; to all the Clerks and parliamentary staff; and to the many other people who have worked hard on this Bill, including all my officials and my private office, who have had to get up to date with this Bill in a matter of weeks.

I thank all members of the Committee, including Opposition Members, for their constructive dialogue. We have had some robust debate on several measures, but I hope we can all agree that these are important reforms—the first in a generation—for landlords and tenants. I look forward to further engagement with all hon. Members as the Bill progresses through its remaining stages.