New Clause 4 - Other duties

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 16D (inserted by section (

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

(2) A relevant person must not, in relation to a tenancy to which this section applies—

(a) purport to let a dwelling-house on the tenancy for a fixed term (see section 4A),

(b) purport to bring the tenancy to an end orally or by service of a notice to quit (see section 5(1)),

(c) serve on the tenant a document which purports to be a notice under section 8 but is not in the form prescribed under section 45(1) for the purposes of that provision,

(d) rely on a ground in Schedule 2 which the landlord is not entitled to rely on,

(e) where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA, 2ZB, 4, 4A, 5 to 5G or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them, or

(f) if relying on one or more of Grounds 1, 1A and 6 in Schedule 2, specify in the notice under section 8, or purported notice under section 8, a date earlier than 6 months after the beginning of the tenancy as the earliest date on which proceedings for possession of the dwelling-house would begin.

(3) Where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to a tenancy to which this section applies, the landlord must not, within the restricted period, let the dwelling-house on a tenancy for a term of 21 years or less.

(4) Where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to a tenancy to which this section applies, a relevant person in relation to that tenancy must not—

(a) within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less, or

(b) authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period.

(5) Where a prohibition in subsection (3) or (4) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.

(6) For the purposes of this section—

(a) a person relies on a ground in Schedule 2 in relation to a tenancy where the person serves on the tenant a notice under section 8, or a purported notice under section 8, which specifies that ground;

(b) a landlord is entitled to rely on a ground in Schedule 2 where the landlord can establish the ground.

(7) A breach of subsection (2)(e) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16H(1)(a)).

(8) In this section—

“purported notice under section 8” means any document which is not a notice under section 8 but purports to bring an assured tenancy to an end;

“relevant person” , in relation to a tenancy to which this section applies, means—

(a) the landlord, or

(b) a person acting or purporting to act on behalf of the landlord;

“the restricted period”, in relation to a tenancy in relation to which Ground 1 or 1A in Schedule 2 is relied on, means the period beginning with the date on which a notice under section 8, or a purported notice under section 8, is served which specifies that ground and ending—

(a) at the end of the period of three months beginning with the date specified in the notice, or

(b) if earlier, with the date on which any order for possession of the dwelling-house is made.

(1) For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when—

(a) the person advertises that the dwelling-house is or may be available to let on a tenancy, or

(b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

(2) But subsection (1)(a) does not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.

(3) For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—

(a) a person (“a prospective landlord”) seeking to find another person to whom to let a dwelling-house, or

(b) a person (“a prospective tenant”) seeking to find a dwelling-house to let.

(4) However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (3)—

(a) publishing advertisements or disseminating information;

(b) providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or prospective landlord;

(c) providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other.

(5) “Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State by statutory instrument.

(6) 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 10. The key differences are that it applies to persons acting or purporting to act on behalf of landlords, as well as landlords themselves, makes clearer what the period is within which re-letting is prohibited following reliance on Ground 1 or 1A and contains provision consequential on NC3.

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