Homelessness Reduction Bill

Debate between Natascha Engel and Marcus Jones

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th January 2017 Commons Chamber

[Mr Marcus Jones]

I beg to move amendment 10, page 11, line 19, at end insert—

193ZA Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage

(1) Subsections (2) and (3) apply where—

(a) a local housing authority owe a duty to an applicant under section 189B(2), and

(b) the applicant, having been informed of the consequences of refusal and of the applicant’s right to request a review of the suitability of the accommodation, refuses—

(i) a final accommodation offer, or

(ii) a final Part 6 offer.

(2) The authority’s duty to the applicant under section 189B(2) comes to an end.

(3) Section 193 (the main housing duty) does not apply.

(4) An offer is a “final accommodation offer” if—

(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant’s occupation,

(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority in the discharge of their duty under section 189B(2), and

(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.

(5) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that—

(a) is made in writing by the authority in the discharge of their duty under section 189B(2), and

(b) states that it is a final offer for the purposes of this section.

(6) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (7) does not apply.

(7) This subsection applies to an applicant if—

(a) the applicant is under contractual or other obligations in respect of the applicant’s existing accommodation, and

(b) the applicant is not able to bring those obligations to an end before being required to take up the offer.”

This amendment provides that a local housing authority’s duty to an applicant under section 189B(2) of the Housing Act 1996 (inserted by clause 5) comes to an end, and the applicant does not proceed to the main duty under section 193 of that Act, if the applicant refuses a final offer of an assured shorthold tenancy of at least 6 months or an offer of social housing under Part 6 of that Act. In either case, the offer would have to be of accommodation that is suitable for the applicant.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

Government Amendment 11, page 11, leave out lines 29 and 30

This amendment, and amendments 12 and 13, limit the grounds on which a notice can be given under new section 193A of the Housing Act 1996 (inserted by clause 7), so that it can only be given if the applicant deliberately and unreasonably refuses to take a step that the applicant agreed to take, or that was recorded, under new section 189A of that Act (inserted by clause 3).

Government Amendment 12, page 12, leave out lines 9 to 11

See amendment 11.

Government Amendment 13, page 12, line 16, leave out from “refuse” to “after” in line 17 and insert “to take any such step”

See amendment 11.

Government Amendment 14, page 13, line 16, after “made” insert “by a private landlord”

This amendment, and amendments 15 and 16, make it clear that a final offer of an assured shorthold tenancy would not be made by the local housing authority itself, but rather be made by a private landlord and approved by the authority. A local housing authority cannot grant an assured shorthold tenancy - see sections 1 and 19A of, and paragraph 12 of Schedule 1 to, the Housing Act 1988.

Government Amendment 15, page 13, line 19, leave out “by or”

See amendment 14.

Government Amendment 16, page 13, line 29, leave out from “not” to “unless” in line 30 and insert “approve a final accommodation offer, or make a final Part 6 offer,”

See amendment 14.

Amendment 17, page 13, line 39, after “if” insert “—

(a) section 193ZA(3) disapplies this section, or

(b) ”

This amendment inserts, into section 193 of the Housing Act 1996, a reference to section 193ZA of that Act (inserted by amendment 10), under which section 193 can be disapplied.

Government Amendment 18, in clause 9, page 15, line 6, after “section” insert “193ZA or”

This amendment allows an applicant to request a review of a local housing authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193ZA of the Housing Act 1996 (inserted by amendment 10).

Government Amendment 19, in clause 12, page 17, line 22, after “section” insert “193ZA(6) or”

This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to a decision by a local housing authority as to whether they should approve a final accommodation offer by a private landlord for the purposes of section 193ZA of the Housing Act 1996 (inserted by amendment 10).

Government Amendment 20, in clause 12, page 17, line 26, leave out “vulnerable person” and insert

“person who has a priority need”

This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to accommodation secured by a local housing authority, in discharge of their duty under section 189B(2) or 195(2) (inserted by clauses 5 and 4, respectively), for all persons who have a priority need rather than just “vulnerable persons”.

Government Amendment 21, in clause 12, page 17, leave out lines 32 to 37

See amendment 20. This amendment removes the definition of “vulnerable person”.

[Mr Jones]

This is the last set of Government amendments and I am grateful for the forbearance of the House. As I explained on the last group, we identified a number of issues with clause 7 that we were unfortunately unable to resolve in Committee. This group contains the core corrections to clause 7. We have already discussed the related amendments to clauses 4, 5 and 6, and this group also contains related amendments to clauses 9 and 12.

Amendment 10 delivers an important change, and has been laid following extensive discussion with the local government sector and with Crisis and Shelter. It deals with the consequences for applicants of refusing offers of accommodation made by the local housing authority during the relief duty. The Bill already provides that the local housing authority can bring the relief duty to an end if an applicant refuses an offer of suitable accommodation. The applicant can then go on to the main homelessness duty under section 193 of the Housing Act 1996, if they are owed it. We believe it is right that where an applicant is made a suitable offer under the relief duty, they should not be able to move into the main duty by refusing that offer. That is an important part of the balance between rights and responsibilities for applicants. However, it is also essential that, if the offer is intended to be the applicant’s final offer, appropriate safeguards are in place.

Amendment 10 provides that where an applicant refuses an offer and the relief duty is ended, the applicant will not proceed to the main duty, but that will apply only if the offer reaches a particular standard. The offer must be either a final accommodation offer or a final part 6 offer, and the applicant must be informed of the consequences of refusing and of their right to request a review of the suitability of the accommodation. A final part 6 offer is a suitable offer of social housing. A final accommodation offer is an offer of an assured shorthold tenancy with a term of at least six months in the private rented sector.

Amendments 14, 15 and 16 clarify that a final offer of an assured shorthold tenancy made to an applicant who has refused to co-operate will be made by a private landlord. This clarification brings the clause in line with other provisions relating to private rented sector offers in the homelessness legislation.

Amendments 17, 18 and 19 reflect the relevant changes introduced by clause 10 to the relevant parts of the Bill, including providing that the applicant can request a review of the suitability of the accommodation and that appropriate suitability requirements apply.

The last set of amendments to clause 7 relate to another issue we identified during Committee stage. At the moment, clause 7 is drafted in a way that means that the definition of deliberate and unreasonable co-operation is drawn more widely than we intended, covering co-operation with the local housing authority in the exercise of its functions under the prevention and relief duties. Amendments 11, 12 and 13 make it clear that the provisions apply only when the applicant’s refusal to co-operate relates specifically to the steps set out in their personalised plan.

Finally, on amendments 20 and 21, clause 12 amends article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012. Article 3 currently requires that when a local housing authority approves an offer in the private rented sector for those in priority need under the main homelessness duty, additional checks are required to ensure the property is in reasonable physical condition, is safe and is a well-managed property. Those additional checks are extended by clause 12 to those defined as vulnerable persons and to secured accommodation in the private rented sector under the new homelessness prevention and relief duties.

Hon. Members on both sides of the Committee were concerned that the protection did not go wider. In particular, the hon. Member for Westminster North (Ms Buck) suggested that other types of applicant should be afforded this protection, including families with children and pregnant women. These concerns were echoed by my hon. Friends the Members for Mid Dorset and North Poole (Michael Tomlinson), for Colchester (Will Quince), for Northampton South (David Mackintosh) and for Chippenham (Michelle Donelan). I have listened carefully, and I am pleased to bring forward amendments 20 and 21 to provide that these additional checks be made in respect of all those with a priority need where the local housing authority secures private rented sector property under the new prevention and relief duties.

In conclusion, this is an unusually long list of amendments for the Report stage of a private Member’s Bill, but I have worked closely with my hon. Friend the Member for Harrow East (Bob Blackman), the local government sector and homelessness charities to ensure that the Bill is fit for purpose, and I want again to thank them all for their efforts in putting together what is now a very strong package.

Local Government Finance Bill

Debate between Natascha Engel and Marcus Jones

2nd reading: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 23rd January 2017 Commons Chamber

[Mr Jones]

rose—

[Madam Deputy Speaker (Natascha Engel)]

Order. Before I call the Minister again, I must point out that interventions are getting very long. Although we have plenty of time, it would be good if we could keep them a bit tighter. This would allow more people to take part in the debate. I call Marcus Fysh. [Laughter.]

[Mr Marcus Jones]

Thank you, Madam Deputy Speaker. Jones is a very popular name, although Marcus is perhaps less so. It is good to have a fellow Marcus in the House, and I am delighted by the point that he has raised. I do indeed recall the Laffer curve, albeit many years ago during my days of A-level economics. The Bill will set out a framework for local authorities to reduce the multiplier on the business rate and therefore reduce the tax rate. As he implied, that might well lead to businesses being attracted to a particular area, thereby creating additional revenue there.

Local authorities have made it clear that they want more stability and, as I mentioned to the Chairman of the Select Committee, they do not get that from the current system of annual discussions on local government funding. Councils have told us that they want longer-term arrangements, and 97% of English councils have signed up to our multi-year deal. The Bill will deliver that much-needed stability and certainty, amending the current local government finance settlement process and the related approach to the setting of council tax referendum principles. We will continue to protect local authorities from the impact of sudden reductions in income, and the Bill will provide a framework that will help councils to manage risk and ensure that they have better protection from the impact of successful appeals, so that they can focus on delivering the services that their residents and businesses need.

Housing and Planning Bill

Debate between Natascha Engel and Marcus Jones

Tuesday 12th January 2016 Commons Chamber

[Madam Deputy Speaker (Natascha Engel)]

Order. The hon. Gentleman is aware that that is almost certainly more a point of annoyance than a point of order. The Minister has heard what he has said and he has put his point on the record, but it is not a point of order and we are really pressed for time. I am therefore going to call the Minister on the next group, who may or may not wish to respond on this matter.

New Clause 62

Offence of contravening an overcrowding notice: level of fine

‘(1) Section 139 of the Housing Act 2004 (overcrowding notices) is amended as follows.

(2) In subsection (7), omit “and is liable on summary conviction to a fine not exceeding level 4 on the standard scale”.

(3) After subsection (7) insert—

“(7A) A person who commits an offence under subsection (7) in relation to premises in England is liable on summary conviction to a fine.

(7B) A person who commits an offence under subsection (7) in relation to premises in Wales is liable on summary conviction to a fine not exceeding level 4 on the standard scale.” —(Mr Marcus Jones.)

The maximum fine for contravening an overcrowding notice under section 139 of the Housing Act 2004 is currently a level 4 fine. This new clause would remove the restriction on the level of fine that may be imposed where a conviction relates to premises in England. Where a conviction relates to premises in Wales the maximum fine is unchanged.

Brought up, and read the First time.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)]

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

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 3—Conversion of leasehold to commonhold for interdependent properties—

‘(1) On 1 January 2020 long leases of residential property in interdependent properties shall cease to be land tenure capable of conveyance.

(2) On 1 January 2020 long leases as set out in subsection (1) shall become commonholds to which Part 1 of the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”) shall apply, subject to the modifications set out in this section.

(3) Leaseholders, freeholders and those with an interest in an interdependent property are required to facilitate the transfer to commonhold, in particular they shall—

(a) by 1 January 2018 draw-up an agreed plan for the transfer;

(b) by 1 October 2018 value any interests to be extinguished by the transfer where the interest is held by a person who after transfer will not be a unit-holder; and

(c) by 1 January 2019 draw up a commonhold community statement for the purposes of—

(i) defining the extent of each commonhold unit;

(ii) defining the extent of the common parts and their respective uses;

(iii) defining the percentage contributions that each unit will contribute to the running costs of the building;

(iv) defining the voting rights of the members of the commonhold association; and

(v) specifying the rights and duties of the commonhold association, the unit-holders and their tenants.

(4) In any case where the parties at subsection (3) cannot or refuse to agree arrangements to facilitate the transfer any of the parties can make an application to the First-tier Tribunal (Property Chamber) for a determination of the matter.

(5) Section 3 [Consent] of the 2002 Act shall cease to have effect on 1 January 2017.

(6) In subsection (1) “long lease” means—

(a) a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture; or

(b) a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease.”

This new Clause would end the tenure of residential leasehold by 1 January 2020 by converting residential leases into commonhold.

New clause 4—Tenants’ rights to new management in property sold under LSVT—

‘(1) This section applies to housing which—

(a) was previously owned by a local authority;

(b) was part of a large-scale voluntary transfer falling within the definition of section 32(4AB) of the Housing Act 1985; and

(c) the disposal of which was subject to the consent of the Secretary of State under section 32 of the 1985 Act.

(2) Where the transfer took place more than five years before this section comes into operation the current owner of the transferred housing shall consult the current tenants on their satisfaction with the management of that property.

(3) Where the transfer took place less than five years after this section comes into operation the current owner of the transferred housing shall not more than every five years consult the current tenants on their satisfaction with the management of that property.

(4) If more than 50 per cent of tenants responding to the consultation under subsections (2) or (3) are dissatisfied with the management of the property, the owner of the housing must carry out a competitive tender for the management of the property and report the outcome to the tenants.”

New clause 42—Mobile Homes Act 1983: limit of commission—

‘(1) For sub-paragraph (5) of paragraph 7A of Schedule 1 to the Mobile Homes Act 1983, as inserted by section 10 of the Mobile Homes Act 2013, substitute—

“(5) The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding five per cent of the purchase price of the mobile home as may be prescribed by regulations made by the Secretary of State.”

(2) For sub-paragraph (8) of paragraph 7B of Schedule 1 to the Mobile Homes Act 1983, as inserted by section 10 of the Mobile Homes Act 2013, substitute—

“(8) The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding five per cent of the purchase price of the mobile home as may be prescribed by regulations made by the Secretary of State.””

This new clause would limit the amount of commission that a site owner could receive when a park home is sold to no more than 5% of the purchase price.

New clause 52—Implied term of fitness for human habitation in residential lettings—

‘(1) Section 8 of the Landlord and Tenant Act 1985 (c.70) is amended as follows.

(2) Leave out subsection (3) and insert—

“(3) Subject to subsection (7), this section applies to any tenancy or licence under which a dwelling house is let wholly or mainly for human habitation.”

(3) Leave out subsections (4) to (6).

(4) After subsection (3), insert—

“(3ZA) Subsection 1 does not apply where the condition of the dwelling-house or common parts is due to—

(a) a breach by the tenant of the duty to use the dwelling-house in a tenant-like manner, or often express term of the tenancy to the same effect; or

(b) damage by fire, flood, tempest or other natural cause or inevitable accident.

(3ZB) Subsection 1 shall not require the landlord or licensor of the dwelling house to carry out works—

(a) which would contravene any statutory obligation or restriction; or

(b) which require the consent of a superior landlord, provided that such consent has been refused and the landlord or licensor has no right of action on the basis that such refusal of consent is unreasonable.

(3ZC) Any provision of or relating to a tenancy or licence is void insofar as it purports—

(a) to exclude or limit the obligations of the landlord or licensor under this section; or

(b) to permit any forfeiture or impose on the tenant or licensee any penalty or disadvantage in the event of his seeking to enforce the obligation under subsection (1).

(3ZD) Regulations may make provision for the exclusion of certain classes of letting from subsection (1).

(3ZE) In this section “house” has the same meaning as “dwelling house” and includes—

(a) a part of a house, and

(b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.”

(5) In section 10 of the Landlord and Tenant Act 1985, after “waste water”, insert—

(6) Regulations may make provision for guidance as to the operation of the matters set out in section 10 which are relevant to the assessment of fitness for human habitation.

(7) This section shall come into force—

(a) in England at the end of the period of three months from the date on which this Act receives Royal Assent and shall apply to all tenancies licences and agreements for letting made on or after that date; and

(b) in Wales on a date to be appointed by the Welsh Ministers.””

This new Clause would place a duty on landlords to ensure that their properties are fit for habitation when let and remain fit during the course of the tenancy.

New clause 53—Requirement to carry out electrical safety checks—

‘(1) A landlord of a rental property shall ensure that there is maintained in a safe condition—

(a) any electrical installation; and

(b) any electrical appliances supplied by the landlord so as to prevent the risk of injury to any person in lawful occupation or relevant premises.

(2) Without prejudice to the generality of subsection (1), a landlord shall—

(a) ensure that the electrical installation and any electrical appliances supplied by the landlord are checked for safety within 12 months of initial leasing and thereafter at intervals of not more than 5 years since they were last checked for safety (whether such check was made pursuant to this Act or not);

(b) in the case of a lease commencing after the coming into force of this Act, ensure that the electrical installation and each electrical appliance to which the duty extends has been checked for safety within a period of 12 months before the lease commences or has been or is so checked within 12 months after the electrical installation or electrical appliance has been installed, whichever is later; and

(c) ensure that a record in respect of any electrical installation or electrical appliance so checked is made and retained for a period of 6 years from the date of that check and which shall include the following information—

(i) the date on which the electrical installation or electrical appliance was checked;

(ii) the address of the premises at which the electrical installation or electrical appliance is installed;

(iii) the name and address of the landlord of the premises (or, where appropriate, his agent) at which the electrical installation or electrical appliance is installed;

(iv) a description of and the location of the electrical installation or electrical appliance checked;

(v) any defect identified;

(vi) any remedial action taken;

(vii) the name and signature of the individual carrying out the check; and

(viii) the registration number with which that individual’s firm is registered with a Part P competent persons scheme approved by the Department for Communities and Local Government and certified as being competent in periodic inspection and testing.

(3) Every landlord shall ensure that any work in relation to a relevant electrical installation or electrical appliance carried out pursuant to subsection (1) or (2) above is carried out by a firm registered with a Part P competent persons scheme approved for the time being by the Department for Communities and Local Government.

(4) The record referred to in (2)(c), or a copy thereof, shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation of relevant premises who may be affected by the use or operation of any electrical installation or electrical appliance to which the record relates.

(5) Notwithstanding subsection (4), every landlord shall ensure that—

(a) a copy of the record made pursuant to the requirements of (3)(c) is given to each existing tenant of premises to which the record relates within 28 days of the date of the check; and

(b) a copy of the last record made in respect of each electrical installation or electrical appliance is given to any new tenant of premises to which the record relates before that tenant occupies those premises save that, in respect of a tenant whose right to occupy those premises is for a period not exceeding 28 days, a copy of the record may instead be prominently displayed within those premises.

(6) A landlord who fails to comply with this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

The new clause would introduce a requirement for landlords to undertake electrical safety checks.

New clause 54—Description of HMOs—

‘(1) The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) England Order 2006 is amended as follows.

(2) Clause 3, subsection (2), leave out paragraph (a).

(3) Clause 3, leave out subsection (3).’

The new clause would remove the three storeys condition from the conditions HMOs must satisfy in order to be of a description prescribed by article 3(1) of the Housing Act 2004.

Amendment 154, in clause 91, page 38, leave out lines 6 and 7.

This amendment would retain sections 225 and 226 of the Housing Act 2004 regarding accommodation needs of gypsies and travellers.

Amendment 99, in clause 92, page 38, line 24, at end insert—

“(c) has a current entry on the Database of Rogue Landlords and Letting Agents as set out in Part 2 of the Housing and Planning Act 2015”.

The amendment would deny those with an entry on the Database of Rogue Landlords and Letting Agents from being granted a licence for a HMO.

Amendment 67, in clause 93, page 39, line 25, leave out “as an alternative” and insert “in addition”.

The amendment would allow for a financial penalty as an addition rather than as an alternative to prosecution.

Government amendments 27 to 30.

New clause 47—Duty of Care—

‘(1) The Secretary of State shall by 31 December 2016 introduce via regulation a statutory Duty of Care to be placed upon acquiring authorities.

(2) The Duty of Care established under subsection (1) must include, but need not be confined to specifications regarding the treatment by acquiring authorities towards those losing land or property to compulsory purchase.”

This new clause would place a Duty of Care upon acquiring authorities to ensure that those losing land or property to compulsory purchase are treated fairly, as well as introducing a clear set of guidelines by which authorities would have to adhere to and could be judged against.

Amendment 79, in clause 141, page 70, line 44, at end insert—

‘(6) If an acquiring authority fails to make an advance payment of compensation and the landowner has fulfilled all of the requirements to facilitate a payment, the acquiring authority will not be able to take possession of the relevant land without the written permission of the landowner or until an advance payment has been made.”

This amendment would require compensation to be paid in advance of entry to allow for the purchase of replacement land or another business asset. The failure to provide compensation in advance would prohibit the acquiring authority to take possession of the land in question without the written permission of the landowner.

Amendment 76, in clause 142, page 71, line 15, at end insert—

‘(1A) The rate of interest on compensation due to be paid in advance of entry, but paid late, shall be set at 8% above the Bank of England base rate.

(1B) Interest on compensation that is paid after entry, but was not due in advance of entry, shall be paid at 4% above the Bank of England base rate.”

This amendment would set the interest rate on compensation that was due before entry, but not paid on time, at 8% above the base rate, in line with the interest rate on late commercial payments. Any compensation which is paid after entry but was not quantifiable at the time of entry would attract an interest rate of 4% above the base rate, in line with commercial lending rates.

Amendment 77, page 71, leave out lines 24 to 32.

This amendment is consequential to amendment 76.

[Mr Jones]

First, I shall respond to the point raised by the Chairman of the Select Committee. I know he has discussed it with the Minister for Housing and Planning previously, and the Minister has just told me that he will undertake to write to him to clear up the confusion.