Clause 72
Tribunals, Courts and Enforcement Bill [Lords]
9:00 am
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
I beg to move amendment No. 135, in clause 72, page 48, line 27, at end insert
‘, and must be set at a reasonable amount so that a landlord does not suffer hardship.’.
Clause 72 refers at some length to CRAR. The Committee will be aware of the background to the clause, which sets out how the rent is recoverable. Subsection (2) states that the
“amount of any rent recoverable by CRAR is reduced by any permitted deduction”,
while subsection (4) refers to the minimum amount of the rent and states:
“The minimum amount is to be calculated in accordance with regulations.”
That is clear to some extent, but the amendment would insert at the end:
“and must be set at a reasonable amount so that a landlord does not suffer hardship.”
It is a probing amendment suggested by a number of organisations that are interested in that part of the Bill. It might be slightly clumsily drafted and mightnot be ideal. However, in setting the minimum amount and calculating it, in accordance with regulations,there is some concern that in a small minority of circumstances, the interests of the landlord might not be considered. Obviously, one has to look at what the regulations say; some of them will presumably be laid at some future stage and it has been indicated that they will lay down certain parameters. In debating the Bill, we have talked about the interests of either the debtor or the tenant, but our small amendment is a probing one to ensure that the interests of the landlord are properly considered at all times, particularly when the minimum amount is being calculated.