Amendments made: 12, in schedule 2, page 174, line 29 at end insert—

7A In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—

(a) in paragraph (a), after ‘person’ insert ‘otherwise than under or by virtue of an assured tenancy’;

(b) after that paragraph insert—

‘(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;’”.

This creates an exception to the restriction on the provision of temporary sleeping accommodation in residential premises in Greater London for less than 90 days, where occupation of such accommodation is under or by virtue of an assured tenancy agreement.

Amendment 13, in schedule 2, page 174, line 31, leave out paragraph 8 and insert—

“8 The Housing Act 1985 is amended as follows.

8A In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of ‘qualifying tenancy’, in paragraph (b), omit sub-paragraph (i).

8B In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of ‘qualifying tenancy’, in paragraph (b), omit ‘which is not an assured shorthold tenancy and’

8C In section 82A (demotion because of anti-social behaviour)—

(a) in subsection (1), omit paragraphs (ba) and (c);

(b) in subsection (8), omit paragraph (b).

8D In section 171B (extent of preserved right), omit subsection (1A).

8E In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of ‘demotion order’, omit ‘or section 6A of the Housing Act 1988’.”.

This adds further amendments to the Housing Act 1985 to remove the power of private registered providers of social housing and registered social landlords to apply for demotion orders relating to secure tenancies (new paragraph 8C(a)) and otherwise in consequence of the changes made by Part 1 of the Bill.

Amendment 14, in schedule 2, page 176, line 2, at end insert—

“17A In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit ‘a statutory periodic tenancy or’.

17B In section 17 (succession to assured tenancy)—

(a) in subsection (1)(a), omit ‘periodic’;

(b) in subsection (1A)(a), omit ‘periodic’;

(c) omit subsection (1B);

(d) omit subsection (1C);

(e) in subsection (1D), for ‘, (1A), (1B) or (1C)’ substitute ‘or (1A)’;

(f) in subsection (5), omit ‘or (1B)(c) above’;

(g) in subsection (6), omit ‘, (1C)’;

(h) omit subsection (7).”

This makes further amendments to the Housing Act 1988 to take account of changes made by Part 1 of the Bill.

Amendment 15, in schedule 2, page 176, line 17, leave out paragraph 21 and insert—

“21(1) Section 39 (statutory tenants: succession) is amended as follows.

(2) In subsection (5), in the words after paragraph (b), omit ‘periodic’.

(3) In subsection (6)—

(a) in the words before paragraph (a), omit ‘periodic’;

(b) in paragraph (d), after the second ‘tenancy’ insert ‘(but this is subject to section 4A)’;

(c) in paragraph (e), for ‘sections 13 to 15’ substitute ‘sections 13 to 16C’;

(d) omit paragraph (f).

(4) Omit subsection (7).

(5) In subsection (8)—

(a) omit ‘periodic’;

(b) after ‘above)’ insert ‘; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled’.

(6) For subsection (9) substitute—

‘(9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—

(a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—

(i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and

(ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;

(b) where a notice of variation has been served under paragraph (a)—

(i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and

(ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;

(c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—

(i) which begins on the date of the predecessor’s death, and

(ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration;

(d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;

(e) in making a determination under paragraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;

(f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—

(i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and

(ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;

but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;

(g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.’”.

This makes consequential amendments of section 39 of the Housing Act 1988.

Amendment 16, in schedule 2, page 176, line 37, at end insert—

“30A In section 124 (introductory tenancies), in subsection (2)(b), omit ‘, other than an assured shorthold tenancy,’.

30B In section 125 (duration of introductory tenancy)—

(a) in subsection (3), omit ‘, or a relevant assured shorthold tenancy,’;

(b) omit subsection (3A).”.

This adds further amendments to the Housing Act 1996 relating to introductory tenancies to take account of the changes made by Part 1 of the Bill.

Amendment 17, in schedule 2, page 177, line 2, at end insert—

“31A In section 143C (change of landlord), in subsection (3), omit ‘shorthold’.”

This adds further amendments to the Housing Act 1996 relating to demoted tenancies to take account of the changes made by Part 1 of the Bill.

Amendment 18, in schedule 2, page 178, line 23, at end insert—

“(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).”

This amends Schedule 1 to the Anti-social Behaviour Act 2003 in consequence of the amendment made to section 171B of the Housing Act 1985 by Amendment 13.

Amendment 19, in schedule 2, page 178, leave out lines 25 to 27 and insert—

“45 The Housing Act 2004 is amended as follows.

46 Omit section 75.

47 Omit section 98.

48 In section 116 (general effect of final management orders), in subsection (4)—

(a) in paragraph (a)(ii), omit ‘subject to paragraph (b))’;

(b) for paragraph (b) substitute—

‘(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988.’

49 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—

‘(aa) paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;’.

50 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—

(a) in paragraph (a)(ii) omit ‘(subject to paragraph (b))’;

(b) for paragraph (b) substitute—

‘(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.’”

This replaces the amendments to the Housing Act 2004 and adds new amendments to the provisions in that Act relating to management orders to take account of the changes made by Part 1 of the Bill.

Amendment 20, in schedule 2, page 179, line 4, at end insert—

“(ba) in section 158 (secure and assured tenancies: transfer of tenancy)—

(i) omit subsection (3)(b)(i) and the ‘and’ after it;

(ii) omit subsection (4)(b) and the ‘or’ before it;

(iii) in subsection (8)(b), omit the words ‘that is not an assured shorthold tenancy’;

(iv) in subsection (9)(b), omit the words ‘that is not an assured shorthold tenancy’;

(v) in subsection (10), omit ‘shorthold’;

(bb) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for ‘and “assured shorthold tenancy” have’ substitute ‘has’;”.

This adds further amendments to the Localism Act 2011 in relation to the transfer of tenancies to take account of the changes made by Part 1 of the Bill.

Amendment 21, in schedule 2, page 179, line 8, at end insert—

“(ea) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);”.—

This repeals section 184(10) to (13) of the Localism Act 2011. The repealed provision amends section 215 of the Housing Act 2004 (which is replaced by clause 25(5) of the Bill).

Schedule 2, as amended, agreed to.

Clause 29 ordered to stand part of the Bill.