Amendments made: 223, page 114, line 9, leave out

“date specified in the notice under section 8”

and insert “relevant date”.

This amendment, together with amendment 237, provides for the application of Ground 1 in Schedule 2 to the 1988 Act as amended by the Bill in a case in which the court dispenses with the requirement for a possession notice

Amendment 224, page 115, line 7, leave out

“date specified in the notice under section 8”

and insert “relevant date”.

This amendment, together with amendment 237, provides for the application of new Ground 1A in Schedule 2 to the 1988 Act as inserted by the Bill in a case in which the court dispenses with the requirement for a possession notice.

Amendment 225, page 115, leave out lines 10 to 14 and insert—

“(ii) notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;”.

This amendment to new Ground 1A (possession for sale by landlord) in Schedule 2 to the 1988 Act, together with amendment 238, extends paragraph (c)(ii) of that ground to compulsory acquisitions via routes other than a compulsory purchase order and from first notice of the compulsory acquisition process.

Amendment 158, page 115, line 36, at end insert—

“or

(iii) to grant an assured tenancy to another person pursuant to a rent-to-buy agreement;”.

This amendment extends the ground of possession for rent-to-buy dwelling-houses (Ground 1B, inserted into the 1988 Act by the Bill) to cover cases where the landlord wants to re-let the dwelling-house to a different rent-to-buy tenant.

Amendment 159, page 116, line 29, after “tenancy” insert

“as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date”.

This amendment limits a landlord’s ability to rely on paragraph (a)(i) of the new Ground 2ZA to cases in which the notice to terminate by the superior landlord will take effect within 12 months of “the relevant date” as defined in amendment 237.

Amendment 160, page 116, line 30, leave out

“for a fixed term which will end”

and insert

“a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier)”.

This amendment is intended to make the drafting of Ground 2ZA consistent with the drafting of the new Ground 2ZB inserted by amendment 161 and of clause 25.

Amendment 161, page 117, line 7, at end insert—

“Ground 2ZB

The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and—

(a) the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or

(b) if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date.”

This amendment allows any landlord under an assured tenancy who holds their interest in a dwelling under a superior fixed term lease of more than 21 years to obtain possession of the dwelling where the superior lease is coming to an end at the end of the fixed term or after the fixed term. “The relevant date” is defined in amendment 237.

Amendment 163, page 117, line 8, leave out “2ZB” and insert “2ZC”.

This amendment is consequential on amendment 161.

Amendment 164, page 117, line 23, at end insert—

“Ground 2ZD

The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end—

(a) on the expiry of the fixed term,

(b) within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or

(c) after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.”

This amendment allows a person who has become the landlord under an assured tenancy as a result of an intermediate fixed term lease of more than 21 years coming to an end to obtain possession of the dwelling within an initial six month period.

Amendment 226, page 118, line 4, leave out

“dwelling-house is an HMO and”

and insert “following conditions are met”.

This amendment removes the requirement in the new ground for possession of a student house that the Bill inserts into the 1988 Act for the house to be an HMO.

Amendment 227, page 118, line 4, at end insert—

“(za) the landlord or, in the case of joint landlords, at least one of them, gave the tenant, before the beginning of the tenancy or on the day on which it began, a written statement of the landlord’s wish to be able to recover possession on the basis that—

(i) at the beginning of the tenancy, as regards each tenant either—

(A) the tenant was a full-time student, or

(B) the landlord reasonably believed that the tenant would become a full-time student during the tenancy, and

(ii) the landlord intends to let the dwelling-house, on the next occasion on which it is let, to people who are full-time students or who the landlord reasonably believes will become full-time students during the tenancy;”.

This amendment means that in order for a landlord of a student house to be able to rely on the new ground 4A (student accommodation) to gain possession the tenant must have been given a written statement to that effect before or at the start of the tenancy.

Amendment 228, page 118, leave out line 10.

This amendment removes the requirement in the new ground for possession of a student house that the Bill inserts into the 1988 Act for the tenants being evicted to be joint tenants.

Amendment 229, page 118, leave out lines 11 and 12 and insert—

“(c) the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and”.

This amendment, together with amendment 237, provides for the application of new Ground 4A in Schedule 2 to the 1988 Act as inserted by the Bill in a case in which the court dispenses with the requirement for a possession notice. It also contains a small drafting clarification.

Amendment 165, page 120, line 22, leave out “at the dwelling-house”.

This amendment amends Ground 5E (possession for use as supported accommodation) in line with other amendments to Schedule 1 which mean that a dwelling-house may be supported accommodation even if the tenant receives the support services elsewhere and not at the dwelling-house.

Amendment 166, page 121, line 10, leave out “has”.

This amendment amends paragraph (c)(ii) of the ground for possession of supported accommodation (Ground 5F) and is consequential on amendment 167.

Amendment 167, page 121, line 11, leave out “but has not been” and insert

“before the relevant date but was not”.

This amendment amends paragraph (c)(ii) of the ground for possession of supported accommodation (Ground 5F) to require that the landlord must have sought alternative funding before “the relevant date” as defined in amendment 237.

Amendment 168, page 121, line 16, leave out “without that funding” and insert “in the circumstances”.

This amendment amends paragraph (c)(iii) of the ground for possession of supported accommodation (Ground 5F) to avoid it appearing only to refer back to sub-paragraph (ii).

Amendment 169, page 121, line 16, at end insert—

“(ca) the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so;”.

This amendment provides that the landlord who funds a dwelling which is supported accommodation may seek possession of it on the ground that the financial viability of the landlord or of supported accommodation it provides or funds for others would be threatened were it to continue to provide or fund the supported accommodation of which the dwelling forms part. “The relevant date” is defined in amendment 237.

Amendment 170, page 121, line 18, leave out “at the dwelling-house”.

This amendment, along with others, amends Ground 5F (possession of supported accommodation) so that a dwelling-house may be supported accommodation even if the tenant receives the support services elsewhere and not at the dwelling-house.

Amendment 171, page 121, line 20, leave out “at the dwelling-house”.

This amendment, along with others, amends Ground 5F (possession of supported accommodation) so that a dwelling-house may be supported accommodation even if the tenant receives the support services elsewhere and not at the dwelling-house.

Amendment 172, page 121, line 28, at end insert—

“In paragraph (ca), “supported accommodation project” means—

(a) supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other,

(b) supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or

(c) support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation.”.

This amendment, together with amendment 169, provides that a landlord may obtain possession of a dwelling which is supported accommodation if the financial viability of the landlord or of supported accommodation it provides or funds for others would be threatened were it to continue to provide or fund the supported accommodation of which the dwelling forms part.

Amendment 173, page 121, line 39, leave out

“grant of the tenancy was”

and insert

“the tenant’s occupation of the dwelling-house was (at any time during the period of occupation)”.

This amendment, together with amendment 174, makes it clear that Ground 5G (possession after tenancy for homelessness duty) applies also in a case where the tenancy was not granted expressly.

Amendment 174, page 122, line 2, leave out “no longer” and insert “not”.

This amendment, together with amendment 173, makes it clear that Ground 5G (possession after tenancy for homelessness duty) applies also in a case where the tenancy was not granted expressly.

Amendment 230, page 122, line 4, leave out

“date specified in the notice under section 8”

and insert “relevant date”.

This amendment, together with amendment 237, provides for the application of new Ground 5G in Schedule 2 to the 1988 Act as inserted by the Bill in a case in which the court dispenses with the requirement for a possession notice.

Amendment 175, page 122, line 11, at end insert—

“New ground for possession of stepping stone accommodation

18A After Ground 5G (inserted by paragraph 18 of this Schedule) insert—

“Ground 5H

The landlord seeking possession is a registered provider of social housing or a charity and—

(a) the tenancy was granted because the tenant met eligibility criteria of a description specified in regulations made by the Secretary of State,

(b) the eligibility criteria that the tenant met were set out in a written tenancy agreement,

(c) the tenant no longer meets the eligibility criteria or the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,

(d) the rent is no higher than the highest amount that would be affordable rent, within the meaning given by regulations under paragraph 4(2) of Part 1 of Schedule 2 to the Welfare Reform and Work Act 2016 (whether or not those regulations apply in relation to the tenancy), and

(e) the tenancy was not granted—

(i) pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,

(ii) as a tenancy of supported accommodation, or

(iii) in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.

Regulations under paragraph (a) are to be made by statutory instrument.

A statutory instrument containing regulations under paragraph (a) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.””

This amendment adds a new ground for possession for landlords of stepping stone accommodation.

Amendment 231, page 122, line 22, leave out

“date specified in the notice under section 8”

and insert “relevant date”.

This amendment, together with amendments 234 and 237, provides for the application of Ground 6 in Schedule 2 to the 1988 Act as amended by the Bill in a case in which the court dispenses with the requirement for a possession notice.

Amendment 232, page 122, line 23, leave out from beginning to “and” in line 25 and insert

“notice of a compulsory acquisition was given in respect of the dwelling-house where the acquiring authority was the person who became the landlord who is seeking possession”.

This amendment to Ground 6 (redevelopment) in Schedule 2 to the 1988 Act, together with amendment 238, extends paragraph (aa)(ii) of that ground to compulsory acquisitions via routes other than a compulsory purchase order and from first notice of the compulsory acquisition process.

Amendment 233, page 122, line 26, leave out “one year” and insert “12 months”.

This is a small drafting change to make the language in the Bill more consistent.

Amendment 234, page 122, line 27, leave out

“date specified in the notice under section 8”

and insert “relevant date”.

This amendment, together with amendment 231 and 237, provides for the application of Ground 6 in Schedule 2 to the 1988 Act as amended by the Bill in a case in which the court dispenses with the requirement for a possession notice.

Amendment 235, page 126, line 20, at end insert—

“‘acquiring authority’ means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative;”.

This amendment defines the term “acquiring authority” used in amendment 225 and amendment 232.

Amendment 236, page 126, leave out lines 21 to 23.

This amendment is consequential on amendment 238.

Amendment 176, page 126, line 31, leave out “and”.

This amendment, along with others, amends the definition of “managed accommodation” and is consequential on amendment 177.

Amendment 177, page 126, line 32, leave out “where the” and insert

“in a case in which that”.

This amendment amends the definition of “managed accommodation” (relevant to the ground for possession of supported accommodation) so that a dwelling-house may be managed accommodation even if the tenant receives the support services elsewhere and not at the dwelling-house.

Amendment 237, page 126, line 34, at end insert—

“‘relevant date’—

(a) in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8;

(b) otherwise, means the date specified in the notice under section 8;

but where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) is to be read as a reference to the date on which proceedings for possession began;”.

This amendment provides for the meaning of “relevant date” in other amendments of grounds for possession.

Amendment 178, page 126, line 36, at end insert—

“(a) which is provided by the landlord or a person acting on behalf of the landlord, or

(b) which the tenant was admitted into the accommodation for the purpose of receiving;”.

This amendment amends the definition of “support services” to link the services with the accommodation where the tenant lives.

Amendment 179, page 126, line 37, after “dwelling-house” insert “let”.

This amendment to the definition of “supported accommodation” is consequential on amendment 181.

Amendment 180, page 126, line 38, leave out “let”.

This amendment to the definition of “supported accommodation” is consequential on amendment 181.

Amendment 181, page 127, line 3, leave out “where a tenant” and insert “to a tenant who”.

This amendment amends the definition of “supported accommodation” so that a dwelling-house may be supported accommodation even if the tenant receives the support services elsewhere and not at the dwelling-house.

Amendment 238, page 127, line 10, at end insert—

“(2) For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition—

(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order—

(i) publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or

(ii) service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;

(b) in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;

(c) in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

(3) In sub-paragraph (2)—

‘compulsory purchase order’ means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act);

‘special enactment’ means—

(a) a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b) a provision which—

(i) is contained in an Act other than a local or private Act, and

(ii) authorises the compulsory acquisition of land specifically identified in that Act.”

This amendment sets out what constitutes giving notice of a compulsory acquisition for the purposes of Grounds 1A (sale, inserted by the Bill) and 6 (redevelopment) in Schedule 2 to the Housing Act 1988.

Amendment 182, page 127, line 12, leave out “2ZB,” and insert “2ZC,”.

This amendment is consequential on amendment 161.

Amendment 183, page 127, line 17, leave out “2ZB,” and insert “2ZC,”.

This amendment is consequential on amendment 161.

Amendment 184, page 127, line 21, at end insert—

“(ca) amend Ground 5H to change the descriptions of landlord who may use the ground;

(cb) amend Ground 5H to give a different meaning for “affordable rent” in consequence of regulations under paragraph 4(2) of Part 1 of Schedule 2 to the Welfare Reform and Work Act 2016;”.—(Jacob Young.)

This amendment allows the Secretary of State to change the kinds of landlord to whom Ground 5H (possession of stepping stone accommodation) inserted by amendment 175 is available, and to fill the gap if the regulations by reference to which “affordable rent” is defined are revoked or changed.