New Clause 20 - Decent homes standard

Renters (Reform) Bill – in a Public Bill Committee am 3:00 pm ar 28 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) The Housing Act 2004 is amended as follows.

(2) In section 1 (new system for assessing housing conditions and enforcing housing standards), after subsection (3) insert—

‘(3A) This Part also provides—

(a) for regulations to specify requirements that must be met in England by qualifying residential premises, and

(b) for the enforcement of those requirements by local housing authorities in England.’

(3) In subsection (4) of that section, after paragraph (d) insert—

‘(e) accommodation in England—

(i) the availability for occupation of which is secured under Part 7 of the Housing Act 1996 (homelessness), and

(ii) that is of a description specified by regulations made by the Secretary of State.’

(4) After section 2 insert—

‘Additional standards for certain housing in England

2A Power to set standards for qualifying residential premises

(1) The Secretary of State may by regulations specify requirements to be met by qualifying residential premises.

(2) The matters which may be covered by the requirements include (but are not limited to) the following matters—

(a) the state of repair of the premises,

(b) things to be provided for use by, or for the safety, security or comfort of, persons occupying the premises, and

(c) the means of keeping the premises at a suitable temperature.

(3) The requirements are to consist of one or both of the following—

(a) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 5 (duty of local housing authorities to take enforcement action), referred to in this Part as “type 1 requirements”, and

(b) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 7 (power of local housing authorities to take enforcement action), referred to in this Part as “type 2 requirements”.

(4) The regulations may contain exceptions from the requirements.

2B Qualifying residential premises

(1) The following are “qualifying residential premises” for the purposes of this Part—

(a) a dwelling or HMO in England—

(i) which is let under a relevant tenancy, or

(ii) which is supported exempt accommodation,

except where the dwelling or HMO is social housing and the landlord under the tenancy, or the provider of the accommodation, is a registered provider of social housing,

(b) an HMO in England where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, except where the unit is social housing and the landlord under the tenancy is a registered provider of social housing,

(c) any accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness), except where the accommodation is social housing and the provider of the accommodation is a registered provider of social housing, and

(d) any common parts of a building in England containing one or more flats falling within paragraph (a), (b) or (c) of this subsection.

(2) In this Part—

“relevant tenancy” means—

(a) an assured tenancy within the meaning of the Housing Act 1988,

(b) an assured agricultural occupancy within the meaning of Part 1 of that Act, or

(c) a regulated tenancy within the meaning of the Rent Act 1977;

“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008;

“supported exempt accommodation” has the same meaning as in the Supported Housing (Regulatory Oversight) Act 2023 (see section 12 of that Act).

(3) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant tenancy” so as to add or remove a particular kind of—

(a) tenancy that is periodic or granted for a term of less than 21 years, or

(b) licence to occupy.’

(5) In Schedule (

This clause extends Part 1 of the Housing Act 2004 to cover temporary accommodation provided under homelessness duties of local housing authorities in England. It also provides for regulations to specify new requirements which will form part of the Decent Homes Standard and will apply to temporary accommodation, rented property and supported exempt accommodation. This clause and NS1 are expected to form a new Part of the Bill after the existing Part 2, and are intended to replace clause 63 of the Bill.

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