New Clause 24 - Power of local housing authority to require information from relevant person

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

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) An officer of a local housing authority may, for purposes connected with any function of the authority under or by virtue of legislation set out in the list in subsection (3), give a notice to a relevant person requiring the person to provide the local housing authority or an officer with the information specified in the notice.

(2) In this Chapter ‘relevant person’, in relation to a power under this Chapter, means a person who has, in the twelve months ending with the day on which the power is exercised—

(a) had an estate or interest in premises which consist of or include any relevant accommodation, otherwise than as a mortgagee not in possession,

(b) been a licensor of premises which consist of or include any relevant accommodation,

(c) acted or purported to act on behalf of a person within paragraph (a) or (b), or

(d) marketed any relevant accommodation for the purposes of creating a residential tenancy, within the meaning of Part 2 (see section 57).

(3) Here is the list—

sections 1 and 1A of the Protection from Eviction Act 1977;

Chapter 1 of Part 1 of the Housing Act 1988;

section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013;

sections 21 to 23 of the Housing and Planning Act 2016;

Chapter 2A of Part 1 and Part 2 of this Act.

(4) A notice under this section must be in writing and must specify that it is given under this section.

(5) The notice may specify—

(a) the time within which and the manner in which the relevant person to whom it is given must comply with it;

(b) the form in which information must be provided.

(6) The notice may require—

(a) the creation of documents, or documents of a description, specified in the notice, and

(b) the provision of those documents to an enforcement authority or officer.

(7) The notice must include information about the possible consequences of not complying with a notice under this section.

(8) A requirement to provide information or create a document is a requirement to do so in a legible form.

(9) A notice under this section does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce in proceedings in the High Court on the grounds of legal professional privilege.

(10) In subsection (2) ‘relevant accommodation’ means any residential accommodation in England that is connected with the exercise or proposed exercise of the function in relation to which the power under this Chapter is exercised.”—

This new clause confers a power on local housing authorities to require information from property owners, their agents and others with a connection to the property for the purposes of certain functions that relate to the renting of “relevant accommodation” as defined. Together with other new clauses relating to investigatory powers, it is expected to form a new Chapter in Part 3 of the Bill, the title of which is expected to become “Enforcement”.

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