Clause 14 - Security of tenure: anti-social behaviour
Anti-social Behaviour Bill
5:15 pm
Mr Tony McNulty (Parliamentary Under-Secretary, Office of the Deputy Prime Minister; Harrow East, Labour)
The purpose of amendments Nos. 226 and 228 is to ensure that any rent that a secure or assured tenant has paid in advance before demotion is credited to their new rent account under the demoted or demoted assured shorthold tenancy. There is already a provision in the Bill to ensure that any rent arrears are debited from the new rent account. It is only right and proper that any rent paid in advance is treated appropriately.
The purpose of amendments Nos. 227 and 229 is to clarify to both landlord and demoted tenants the terms of the demoted or demoted assured shorthold tenancy. Amendment No. 227 relates to secure tenancies and amendment No. 229 to assured tenancies.
New section 82A(4A)(a) to (d) to the Housing Act 1985 ensures that the names on the tenancy agreement, the period of the tenancy, the rent payable and the date when the rent is payable are the same for the demoted tenancy as for the secure tenancy. New section 6A(4A)(a) to (d) to the Housing Act 1988 ensures that these things are the same for a demoted assured shorthold tenancy as for the assured tenancy that it replaces.
Most tenancies run from one period to the next and last indefinitely. Some social landlords let properties for a fixed period only, after which the tenancy ends. New sections 82A(4B) and 9A(4B)to the 1985 Act ensure that fixed term tenancies become weekly periodic tenancies on demotion. That allows landlords to end such tenancies as easily as any other demoted tenancy.
Some social landlords have terms set out in their secure or assured tenancies that they will also want to apply to their demoted or demoted assured shorthold tenancies. For example, a local authority may make it a term of its tenancy agreement that tenants should not cause nuisance or annoyance to any council staff. New sections 82A(4C) and 6A(4C) ensure that if a landlord wants to apply some express terms from the secure or assured tenancy into the demoted or demoted assured shorthold tenancy, he can do so by serving a statement of terms on the tenant.
These are important issues that, in the overall context of the clauses on housing, are relatively technical. I hope that the Committee accepts the amendments.
Amendment agreed to.