Housing and Planning Bill (Ninth sitting)

Peter Dowd Excerpts

Thursday 26th November 2015 Public Bill Committees

[Mr Jones]

Although I understand where the hon. Gentleman is coming from, as I said—I have already given a reasonable example of where we are coming from in proposing the clause—it would be for the court to decide on the particular circumstances at a particular time and on whether they deem those circumstances as such that the tenancy should be reinstated.

[Peter Dowd (Bootle) (Lab)]

May I push the Minister on that and seek a bit more clarity? Take, for example, a person going into hospital on a section 2, which means detention for up to 28 days, and then that is transferred or transformed to a section 3, which means a much longer period of time. Ought we not to be making it clear that, in situations in which somebody is detained under the Mental Health Act 1983 and through due process, there should be an exemption specifically for the purposes of the clause?

[Mr Jones]

Again, it is for the court to decide in those circumstances and in any other circumstances whether or not a tenant should have their lease reinstated. I hear what the hon. Gentleman has said, but I do not, in our deliberations, see an amendment that he has tabled to make the case for what he is saying. In the spirit of the clause, it is for the court to decide, and I am sure that, in the majority of cases, the court will make the right decision for the tenant involved.

Question put and agreed to.

Clause 52 accordingly ordered to stand part of the Bill.

Clause 53

Methods for giving notices under sections 49 and 51

Amendments made: 122, in clause 53, page 23, line 11, at end insert—

“( ) This section sets out the methods for giving—

(a) a notice under section 49;

(b) the first or second warning notices under section 51.”

See Member’s explanatory statement for amendment 118.

Amendment 123, in clause 53, page 23, line 12, leave out—

“A notice under section 49 or 51”

and insert “The notice”.

See Member’s explanatory statement for amendment 118.

Amendment 124, in clause 53, page 23, line 14, leave out—

“A notice under section 49 or 51 that”

and insert “If the notice”.

See Member’s explanatory statement for amendment 118.

Amendment 125, in clause 53, page 23, line 15, after “person” insert “it”

See Member’s explanatory statement for amendment 118.

Amendment 126, in clause 53, page 23, line 21, at end insert—

“, and

( ) in the case of a tenant, leaving it at or sending it to every postal address in the United Kingdom of every guarantor, marked for the attention of the tenant.

‘( ) In subsection (2) “guarantor”, in relation to a tenant, means a person who has agreed with the landlord to guarantee the performance by the tenant of any of the tenant’s obligations under the tenancy.”—(Mr Marcus Jones.)

This amendment requires certain notices to be sent to a tenant’s guarantors, marked for the attention of the tenant. This requirement applies unless the tenant has been given the notice in person.