Clause 27 - PMS and PDS lists
Homes Bill
2:30 pm
Mr Nick Raynsford (Minister of State, Department of the Environment, Transport and the Regions; Greenwich and Woolwich, Labour)
I am coming to precisely that point. We are setting a series of tests that will have to be satisfied. Then we come to the point about review procedures that we debated on Tuesday evening. The hon. Gentleman will be pleased with the provisions that we have made to ensure that any such decisions will be subject to review so that an aggrieved applicant would have the opportunity for his case to be considered.
Let me continue. I was talking about the definition. First, the authority cannot simply apply for a possession order; it must be entitled to it. Secondly, it is extremely unlikely that any review body, let alone a court, would regard the applicant's behaviour as unacceptable if he or she had been evicted for rent arrears that were due to housing benefit delay. It would be a clear case that those were circumstances outside the individual's control and not unacceptable behaviour.