Clause 15 - Demoted assured shorthold tenancies

Anti-social Behaviour Bill – in a Public Bill Committee am 12:00 pm ar 13 Mai 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Tony McNulty Tony McNulty Parliamentary Under-Secretary, Office of the Deputy Prime Minister 12:00, 13 Mai 2003

I beg to move amendment No. 230, in

clause 15, page 14, line 27, at end insert—

'( ) In section 21 of that Act (recovery of possession on expiry or termination of assured shorthold tenancy) after subsection (5) there is inserted the following subsection—

''(5A) Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.''.'

Photo of Mr Bill O'Brien Mr Bill O'Brien Llafur, Normanton

With this it will be convenient to discuss Government amendment No. 231.

Photo of Tony McNulty Tony McNulty Parliamentary Under-Secretary, Office of the Deputy Prime Minister

The tenants of RSLs will be able to be demoted from assured tenancy agreements to assured shorthold tenancy agreements because of antisocial behaviour. Amendment No. 230 ensures that landlords can obtain a possession order at any time during a demoted assured shorthold tenancy by giving the tenant two months' notice of their intention to end the tenancy.

Amendment No. 231 clarifies what happens to the demoted assured shorthold tenancy at the end of the demotion period. It is important that a demoted tenant who changes their behaviour should be able to return to the same rights as other tenants. It has always been the intention that a period of demotion should be fixed rather than indefinite, with either eviction or full tenancy rights coming to fruition at the end of the period. The clause as drafted allows for that but the amendment clarifies that a demoted assured shorthold tenancy will become an assured tenancy at the end of the period.

Amendment agreed to.

Amendment made: No. 231, in

clause 15, page 14, line 27, at end insert—

'( ) In Schedule 2A of that Act (assured tenancies which are not shorthold tenancies) after paragraph 5 (former secure tenancies) there is inserted the following paragraph—

''Former demoted tenancies

5A. An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).''.'

—[Mr. McNulty.]

Clause 15, as amended, ordered to stand part of the Bill.