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Renters (Reform) Bill - Sitting 10 (Afternoon)

28 November 2023

Proposing MP
Makerfield
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses the government's proposal to introduce a legally binding decent homes standard for the private rented sector. The MP discusses the need for improved safety and quality standards in temporary accommodation and supported housing under the Renters (Reform) Bill. The statement addresses proposed reforms to the Renters (Reform) Bill aimed at improving safety and standards in the private rented sector. The discussion revolves around the differences between large social housing sector landlords and individual private landlords regarding maintenance responsibilities and regulatory enforcement. The statement discusses amendments related to regulations, definitions, and provisions within the Renters (Reform) Bill. The statement addresses concerns over the uncertainty and potential delay in implementing section 21 evictions abolition due to court reform requirements. Jacob Young discusses the timeline for implementing reforms to section 21 of the Rent Act and the necessity of a phased approach due to concerns about court preparedness. The statement discusses several amendments to the Renters (Reform) Bill aimed at providing transitional provisions and commencing new clauses. The statement discusses proposed amendments and new clauses to address factors for court consideration in granting possession orders, repayment of rent paid in advance, and duties of landlords and contractors. The speaker is discussing a new clause in the Renters (Reform) Bill that relates to landlords' responsibilities towards tenants. The statement discusses proposed amendments to the Renters (Reform) Bill, specifically new clauses related to landlords' actions and liability. The statement discusses new clauses in the Renters (Reform) Bill aimed at prohibiting discrimination against tenants with children or those on benefits. The statement discusses new clauses in the Renters (Reform) Bill aimed at prohibiting discriminatory tenancy terms related to children and benefits status. The statement addresses new clauses added to the Renters (Reform) Bill that aim to prevent discriminatory practices in tenancy agreements. The statement discusses several new clauses related to housing reforms, including changes to rent repayment orders and regulations for decent homes standards. The statement discusses proposed amendments to the Housing and Planning Act 2016, including new provisions for rent repayment orders against superior landlords and reporting duties. Yvonne Fovargue is discussing new clauses related to the Renters (Reform) Bill that grant local housing authorities powers to require information from property owners, agents, and others for rental accommodation functions. The speaker is discussing new clauses that address limitations on the use of information obtained from notices, powers for local housing authorities to enter business premises without a warrant, and requirements when entering such premises. The statement discusses new clauses in the Renters (Reform) Bill that address the requirements for officers of local housing authorities when entering premises and dealing with documentation. The statement addresses new clauses in the Renters (Reform) Bill regarding access to seized documents, appeals against detention of documents, and entry into residential tenancy premises without a warrant. The statement discusses new clauses related to warrant authorisation for local housing authorities to enter premises suspected of residential tenancies. The statement discusses new clauses in relation to the Renters (Reform) Bill, focusing on definitions, seizure powers, information use for statutory purposes, and investigatory powers. Yvonne Fovargue is discussing the introduction of new clauses in the Renters (Reform) Bill. The statement addresses a new clause in the Renters (Reform) Bill that aims to prohibit landlords and those acting on their behalf from engaging in discriminatory practices against individuals with children or benefits claimants. The statement is addressing the amendment to prohibit discrimination in renting homes based on having children or being a benefits claimant. The statement discusses new provisions in a bill that aim to prevent discrimination against individuals with children or those receiving benefits when seeking to rent housing under occupation contracts. The statement is about amending the short title and certain provisions of the Renting Homes (Fees etc.) (Wales) Act 2019 to include 'Discrimination' and limiting the regulation-making powers of Welsh Ministers. The statement discusses proposed amendments to the Renting Homes (Wales) Act 2016 to protect tenants' rights in Wales. Yvonne Fovargue discusses New Clause 53 of the Renters (Reform) Bill which aims to protect vulnerable tenants from unscrupulous landlords who might pressure them into agreeing to shorter notice periods than the statutory two-month default. MP Matthew Pennycook moves new clause 56 to amend the Renters (Reform) Bill and provide courts with discretion to adjourn, stay, suspend or postpone possession orders under specific grounds. The statement discusses several new clauses proposed for the Renters (Reform) Bill. MP Lloyd Russell-Moyle is discussing a new clause that proposes giving courts discretion in certain housing possession cases, particularly for individuals facing exceptional circumstances such as illness or relative care needs. The statement is amending the Housing Act 2004 to include new provisions related to type 1 and type 2 requirements for qualifying residential premises, in addition to existing hazard-based provisions. The statement outlines the procedural and appeals process for financial penalties imposed by local housing authorities under section 6A. The statement is about acknowledging the work done on the Renters (Reform) Bill and expressing gratitude to all involved parties.

Action Requested

The government proposes to allow Ministers to set and enforce a new decent homes standard in the private rented sector, aiming to halve the number of non-decent rented homes by 2030. Further details on the proposals will be provided later.

Key Facts

  • There is currently no equivalent decent homes standard for the private rented sector.
  • Of the 4.6 million households that rent privately, 23% live in properties failing the decent homes standard.
  • The government aims to halve the number of non-decent rented homes by 2030.
  • Government amendments will allow Ministers to set and enforce a new decent homes standard for private landlords.
  • One in four homes in the private rented sector do not meet the decent homes standard.
  • Around one million properties fail to meet the decent homes standard.
  • An estimated one in ten homes has a category 1 hazard that poses serious harm risk.
  • The Social Housing (Regulation) Act 2023 was introduced to address poor conditions in social housing.
  • New clause 60 seeks to extend Awaab’s law to the private rented sector.
  • Establishing a new duty on landlords to ensure properties meet decent homes standard.
  • Local councils can issue fines of up to £5,000 for non-compliant landlords.
  • Exploring requiring landlords to register compliance with the decent homes standard on the property portal.
  • Committing to writing about HHSRS review and DHS review in due course.
  • There is a difference between large social housing landlords with maintenance teams and individual private landlords.
  • 1.6 million children are living in damp, mouldy or cold homes due to poor conditions in the private rented sector.
  • The government brought forward recent legislation for the social rented sector but not for the private rented sector.
  • Amendments 102, 103, 104, 105 are moving clause 56 into Part 5 of the Bill.
  • Amendment 107 inserts a definition for 'local housing authority' in clause 64.
  • Amendment 108 allows regulations to include supplementary or incidental provision and make different provisions for different purposes.
  • Amendment 169 seeks to ensure section 21 evictions are abolished on Royal Assent.
  • There is no set maximum period between initial and second implementation dates, allowing indefinite postponement of existing tenancy transitions.
  • The clause allows for a two-stage transition process with the Secretary of State determining precise starting dates.
  • The reforms are the most significant changes to the private rented sector in 30 years.
  • There is more than £1 million of funding for the design phase of a new digital service.
  • There are 2.4 million landlords and 11 million renters affected by these reforms.
  • Amendments provide for commencement two months after the Bill is passed for clauses relating to abandoned premises and investigatory powers.
  • NC20 and NS1 powers come into force on Royal Assent.
  • New Chapter 2A expected to be formed from new discriminatory practices clauses will be commenced by regulations made by the Secretary of State.
  • Amendments are consequential on inserted new clauses, updating section references accordingly.
  • Amendments enable Welsh Ministers to make transitional or saving provision for new clauses.
  • New Clause 1 amends section 9A of the 1988 Act, adding co-operation with landlords as a factor in court considerations.
  • New Clause 2 provides tenants with entitlement to have rent paid in advance refunded after their tenancy ends.
  • The new clause applies to assured tenancies except for social housing under private registered providers.
  • Landlords must give a written statement of specified terms and other required information before or on the start of the tenancy.
  • Contractors of landlords are also subject to compliance with this section.
  • The amendments are intended to replace clause 10 and apply to persons acting on behalf of landlords.
  • New Clause 5 aims to prevent landlords from fulfilling or contravening an obligation through another person.
  • New Clause 6 clarifies that duties imposed on contractors do not displace common law principles about agency.
  • New Clause 7 makes tenants under assured tenancies liable for council tax until the end of their tenancy, even if they vacate early.
  • New Clause 8 bans discrimination relating to children.
  • New Clause 9 prohibits discrimination based on benefits status.
  • Both clauses are expected to be part of a new Chapter 2A in the Renters (Reform) Bill.
  • New Clause 11 provides for the ineffectiveness of tenancy terms prohibiting children living with tenants or restricting benefits claimant status.
  • New Clause 12 makes ineffective lease terms requiring sub-tenants to prohibit having a child live at the dwelling or restrict their eligibility based on benefits status.
  • Both clauses have exemptions if such provisions are required under insurance contracts to prevent breaches.
  • New Clause 13 addresses mortgage terms relating to children or benefits status.
  • New Clause 14 deals with insurance contract terms regarding children and benefits status, effective from the day it comes into force.
  • New Clause 15 allows the Secretary of State by regulations to expand protections under Chapter 2A to other descriptions of persons.
  • New Clause 18 repeals Part 3 of the Housing and Planning Act 2016 concerning recovery of abandoned premises.
  • New Clause 19 amends section 40 of the Housing and Planning Act 2016 to combine previous amendments into a single clause.
  • New Clause 20 extends Part 1 of the Housing Act 2004 to cover temporary accommodation provided under homelessness duties in England.
  • The Housing and Planning Act 2016 is being amended.
  • New Clause 22 allows county councils to notify local housing authorities about enforcement actions.
  • New Clause 23 requires reporting on landlord legislation functions.
  • New Clause 24 grants powers for information requirements from relevant persons.
  • New Clause 25 gives local housing authorities the power to require information from property owners, agents, and others.
  • New Clause 26 provides for civil enforcement if there is non-compliance with notices given under clause 25.
  • New Clause 27 sets limitations on the use of information provided under section (Power of local housing authority to require information from any person).
  • New Clause 28 confers power on local housing authorities to enter premises occupied by a rental sector business.
  • New Clause 30 allows for the issuance of warrants by justices of the peace for local housing authority entry into premises under specified conditions.
  • These new clauses aim to support functions under the rented accommodation legislation.
  • New Clause 32 allows officers to require the production of documents for ascertaining compliance with rental legislation.
  • New Clause 33 permits officers to seize documents if they reasonably suspect them to be required as evidence.
  • New Clause 34 specifies that seized documents can only be detained for up to three months or longer if necessary for legal proceedings.
  • The new clause (35) allows access to documents seized under NC33 with conditions.
  • Clause 36 permits appeals against detention of documents by a magistrates' court or Crown Court.
  • Clause 37 grants local housing authorities the power to enter premises suspected of having residential tenancies without a warrant.
  • New Clause 38 allows local housing authorities to obtain warrants for entry if certain conditions are met.
  • New Clause 39 sets out the effects of a warrant issued under section (Suspected residential tenancy: entry without warrant).
  • New Clause 40 provides powers for persons accompanying officers during entries under this Chapter.
  • New Clause 41 defines offences related to obstructing or failing to comply with requirements set by housing authority officers.
  • New Clause 43 adds seizure powers from the Renters (Reform) Act 2024 to Part 1 of Schedule 1 of the Criminal Justice and Police Act 2001.
  • New Clause 44 amends sections 212A and 237 of the Housing Act 2004 to expand information use for statutory purposes related to rental properties.
  • New Clause 45 expands document production and entry powers under the Housing Act 2004 for functions in relation to qualifying residential premises.
  • New Clause 47 gives investigatory powers to local authorities.
  • New Clause 48 confers power on Welsh Ministers to make consequential amendments relating to Part 1.
  • Prohibitions against discrimination based on children or benefits status include text in the Welsh language.
  • The new clause bans discrimination against individuals with children or benefits claimants.
  • It affects occupation contracts related to Wales only.
  • The Renting Homes (Wales) Act 2016 provides for these contracts.
  • The amendment seeks to add a new section 2A to prohibit discrimination in renting homes.
  • It aims to protect individuals with children and those claiming benefits from being discriminated against by landlords.
  • New clauses and amendments aim to prohibit discrimination against individuals with children or receiving benefits when seeking rental housing.
  • Occupation contracts relate to Wales only, as provided by the Renting Homes (Wales) Act 2016.
  • The provisions would be part of a new Chapter 2B of Part 1 of the Bill and insert a new Part 2A into the English language text of the Renting Homes (Fees etc.) (Wales) Act 2019.
  • The amendment changes short titles from 'Renting Homes (Fees etc.) (Wales) Act 2019' to 'Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019'.
  • It limits the regulation-making powers of Welsh Ministers under sections 8C and 8J.
  • The amendment affects various provisions including section 41(2A) of the Housing (Wales) Act 2014, Schedule 9A to the Renting Homes (Wales) Act 2016, and specific regulations from 2022.
  • The Renting Homes (Wales) Act 2016 is being amended.
  • New clauses would form part of Chapter 6A of the Bill.
  • Landlords must not prohibit contract-holders from claiming payments under the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012.
  • Clause 14 sets out rules about the period of notice that a tenant can be required to provide when they wish to end an assured tenancy.
  • The two-month default period of notice can be set aside where both parties agree as much in writing.
  • New clause 53 seeks to protect tenants by requiring court authorisation for agreements providing shorter than the statutory two-month notice periods.
  • New clause 56 aims to give courts discretion in cases under grounds 6, 8, and 8A.
  • The current law limits court flexibility for mandatory possession grounds.
  • Judges can currently postpone an order up to six weeks from the date made.
  • Ground 6A covers situations where eviction is necessary for compliance with enforcement measures like banning orders.
  • New Clause 58 would require landlords to state rent amounts when advertising properties.
  • New Clause 60 aims to extend the requirements for dealing with property hazards to the private rented sector.
  • New Clause 62 proposes limiting advance rent payments by landlords.
  • New clause 67 would make all grounds discretionary.
  • The Government argues this could undermine landlord confidence in recovering possession.
  • Grounds such as selling property or reaching rent arrears threshold remain mandatory.
  • Amendments are made to sections and schedules of the Housing Act 2004.
  • Financial penalties can be imposed under section 6A up to £5,000.
  • The Secretary of State has power to amend penalty amounts reflecting changes in the value of money.
  • The local housing authority must give a notice of intent before imposing a financial penalty.
  • A person has 28 days to make written representations after receiving the notice of intent.
  • After the representation period, the authority decides whether to impose the penalty and communicates this in a final notice.
  • Appeals against penalties or their amounts can be made within 28 days to the First-tier Tribunal.
  • The Renters (Reform) Bill has been progressing through its stages in the Committee.
  • Members acknowledge robust debate but emphasize the importance of reforms for landlords and tenants.
  • Thanks are extended to Clerks, parliamentary staff, officials, and other contributors.
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