Clause 13 - Abolition of duty to maintain housing register
Homelessness Bill
9:45 am
Dr Alan Whitehead (Parliamentary Under-Secretary, Department for Transport, Local Government and the Regions; Southampton, Test, Labour)
We can take considerable heart from the fact there is agreement in the Committee. As the hon. Member for Eastbourne (Mr. Waterson) underlined, the clause is an important attempt to ensure that balance is kept between the discretionary power that a local authority has and the proper rights of those who are subject to its discretion. The hon. Gentleman has emphasised the LGA's view and the agreement with that view that is present in the clause; that is, that it is proper that local authorities have that discretionary power. They should have the right to exclude unacceptable tenants because of their previous or current behaviour, or because they have treated properties unacceptably.
New section 160A(7) states that local authorities cannot exclude someone just because of a record of unreasonable behaviour. It is a redemption clause; they must take into account whether a prospective tenant—even one previously deemed ineligible under the clause—has made any improvement, and whether he or she is a suitable tenant. The clause balances discretion and description and it will be welcomed by both the LGA and local authorities. Those who live in areas where such tenancies are granted reasonably require their neighbours to behave. The whole Committee welcomes the clause.
Question put and agreed to.
Clause 13 ordered to stand part of the Bill.
Clause 14 ordered to stand part of the Bill.