Clause 14 - Security of tenure: anti-social behaviour
Anti-social Behaviour Bill
12:00 pm
Mr James Paice (South East Cambridgeshire, Conservative)
There is a clear distinction. Both the tenant and landlord know that an assured shorthold tenancy is for a fixed duration. That form of tenancy was introduced to stimulate the private rented sector by ensuring that both parties know the precise duration of the tenancy and that there is no certainty of continuation beyond its finish. However, we are talking about a tenant who has a full assured tenancy under an RSL, HAT or local authority finding that the landlord, having got the demoted tenancy, can decide
to continue with possession proceedings without any just cause. That is a different situation.
I shall not press amendment No. 103. However, in the light of the Minister's misunderstanding—to be charitable—of our purpose, I signal my intention to divide the Committee on amendment No. 234 at the appropriate time. Having made that point, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: No. 227, in
clause 14, page 13, line 13, at end insert—
'(4A) Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—
(a) the parties to the tenancy;
(b) the period of the tenancy;
(c) the amount of the rent;
(d) the dates on which the rent is payable.
(4B) Subsection (4A)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.
(4C) If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.'
No. 228, in
clause 14, page 13, line 36, at end insert—
'(d) it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the assured tenancy is credited to the tenant's liability to pay rent under the demoted tenancy.
No. 229, in
clause 14, page 13, line 43, at end insert—
'(4A) Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the assured tenancy at the time it is terminated by virtue of the order—
(a) the parties to the tenancy;
(b) the period of the tenancy;
(c) the amount of the rent;
(d) the dates on which the rent is payable.
(4B) Subsection (4A)(b) does not apply if the assured tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.
(4C) If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the assured tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.'
—[Mr. McNulty.]
Clause 14, as amended, ordered to stand part of the Bill.