New Clause 9
Welfare Reform Bill
12:00 pm
Possession action for rent arrears involving housing benefit
‘(1) Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as follows.
(2) In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.
(3) In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.
(4) After subsection (6), insert—
“(6A) If the court is satisfied—
(a) that Ground 8 in Part I of Schedule 2 to this Act is established; and
(b) that rent is in arrears as mentioned in that Ground as a consequence of a delay or failure in the payment of relevant housing benefit, it shall not make an order for possession unless it considers it reasonable to do so.”.
(5) At end insert—
“(8) In subsection (6A) above—
(a) “relevant housing benefit” means—
(i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rentunder the Housing Benefit Regulations 2006(S.I. 2006/213); or
(ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations;
(b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure so far as referrable to any wilful act or omission of the tenant.”.’.—[Danny Alexander.]