New Clause 3 - Duty of landlord and contractor to give statement of terms and other information

Renters (Reform) Bill – in a Public Bill Committee am 2:45 pm ar 28 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“In the 1988 Act, after section 16C (inserted by section 7 of this Act) insert—

‘Duties of landlords and persons acting on their behalf

(1) This section applies to an assured tenancy other than—

(a) a tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) under which the landlord is a private registered provider of social housing, or

(b) a tenancy granted by implication, after an implied surrender of a previous tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy.

(2) The landlord under a tenancy to which this section applies must give the tenant a written statement of—

(a) such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, and

(b) any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State—

(i) the tenancy;

(ii) the dwelling-house let on the tenancy;

(iii) the tenant;

(iv) the landlord;

(v) the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it.

(3) The landlord may include in a statement under subsection (2) a statement of the landlord’s wish to be able to recover possession on one or more of Grounds 1B, 2ZA, 2ZB, 4, 4A, 5 to 5G or 18 in Schedule 2 (for the consequences of specifying a ground mentioned in this subsection in a notice under section 8 where no statement under this subsection is so included, see section 16E(2)(e) and section 16H(1)(a)).

(4) Subject to subsection (5), the statement under subsection (2) must be given before the beginning of the tenancy or on the day on which the tenancy begins.

(5) Where a tenancy to which this section applies—

(a) arises by succession as mentioned in section 39(5), or

(b) is an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3,the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the landlord acknowledges the tenant’s right to a tenancy.

(6) Where a landlord has entered into a contract with a person which requires that person to ensure compliance with this section (whether or not this section is referred to individually), subsection (2) also applies to that person, as it applies to the landlord.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’”—

This new clause is intended to replace clause 9. It is different from clause 9 in that it applies to landlords’ contractors as well as landlords, carves out certain tenancies by implication and contains modifications for certain tenancies.

Brought up, read the First and Second time, and added to the Bill.