Clause 6 - Repeal of Section 346 of the Housing Act 1985
Home Energy Conservation Bill
6:15 pm
Mr Jonathan Sayeed (Mid Bedfordshire, Conservative)
I seek clarification. The Minister talked about local authorities' ability to vary the model scheme. Is that a variation not only of the scheme but of the documentation? Is he seized of the point that to be able to determine not only the efficacy but the justice of a scheme, it is worth ensuring that there is as little variation as possible? It is understood, however, that different areas may have different and pressing problems, which they may wish to amplify the registration to cover.
I welcome the Minister's recognition that high fees could put off good landlords. As I understand it, under the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997, the level was £60 per habitable room per HMO under the scheme. Is the level proposed by the Local Government Association—£112 per five-year period per tenancy agreement—approximately the level that the Minister is considering? I understand that he cannot be explicit, but existing and potential landlords would be considerably reassured if the figure was in that region.
Could the Minister clarify the appeals procedure? He correctly said that, under section 348 of the Housing Act 1985, HMO landlords had a right of appeal to the county court. The rights of appeal are fairly narrowly drawn. The first relates to the application for registration under a scheme containing control provisions. As I understand it, the only other ground is the condition set by an authority for registering an application under a control scheme. Does that mean that a landlord can go to the county court if he believes that the requirements proposed by the local authority are so onerous as to be greater than those that would be imposed by other authorities in similar circumstances?