Schedule 2 - Consequential amendments relating to Chapter 1 of Part 1

Part of Renters (Reform) Bill – in the House of Commons at 6:00 pm on 24 April 2024.

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Amendments made: 245, page 128, line 2, at end insert—

“Landlord and Tenant Act 1985

A1 In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by section 25) omit paragraph (b) and the ‘or’ before it.

Agricultural Holdings Act 1986

A2 In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of tribunal to operation of notice to quit is not required), in Part 2, in paragraph 3—

(a) in sub-paragraph (c)—

(i) omit ‘which is not an assured shorthold tenancy’;

(ii) for ‘those terms’ substitute ‘that term’;

(b) in sub-paragraph (d) omit ‘which is not an assured shorthold tenancy’.”

The Bill provides that assured tenancies are to be periodic tenancies and abolishes assured shorthold tenancies and these amendments are consequential on those changes.

Amendment 258, page 128, line 2, at end insert—

“Housing Act 1985

ZA1 In section 82A of the Housing Act 1985 (demotion because of anti-social behaviour), in subsection (8), omit paragraph (b).”

This amendment is consequential on clause 2 of the Bill which repeals Chapter 2 of Part 1 of the Housing Act 1988.

Amendment 246, page 128, line 15, at end insert—

“4A In section 7 (orders for possession)—

(a) in subsection (3), for “subsections (5A) and (6)” substitute “subsection (5A)”;

(b) in subsection (4), for “subsections (5A) and (6)” substitute “subsection (5A)”;

(c) in subsection (5) omit the words from “and Part IV” to the end.

4B In section 8 (notice or proceedings for possession), in subsection (5), for “or 8” substitute “, 8 or 8A”.”

This amendment is consequential on changes made by clause 3 of, and Schedule 1 to, the Bill.

Amendment 247, page 128, line 19, at end insert—

“6A In section 18 (provisions as to reversions on assured tenancies)—

(a) in subsection (3)—

(i) in the words before paragraph (a) omit “which is a periodic tenancy (including a statutory periodic tenancy)”;

(ii) omit paragraph (a) and the “or” after it;

(iii) in paragraph (b), for “periodic” substitute “assured”;

(iv) in the words after paragraph (b), for “periodic” substitute “assured”;

(b) omit subsection (4).”

The Bill abolishes assured shorthold tenancies and this amendment is consequential on that abolition.

Amendment 198, page 128, leave out lines 20 and 21.

This amendment, together with amendment NC29, moves an amendment of section 24 of the 1988 Act to a new clause with other amendments of that section.

Amendment 248, page 128, line 21, at end insert—

“7A In section 34 (restrictions on new protected tenancies and agricultural occupancies) omit subsection (3).”

The Bill abolishes assured shorthold tenancies and this amendment is consequential on that abolition.

Amendment 249, page 128, line 22, at end insert—

“8A In section 41 (rent assessment committees: procedure and information powers), in subsection (2), omit “or Chapter II”.

8B In section 41A (amounts attributable to services) omit “or 22”.”

This amendment is consequential on clause 2 of the Bill which repeals Chapter 2 of Part 1 of the Housing Act 1988.

Amendment 250, page 128, line 23, after “Part 1)” insert “—

“(a) in subsection (1) omit the definition of “statutory periodic tenancy”;”.

This amendment is consequential on the amendment to section 5 of the Housing Act 1988 made by paragraph 3(b) of this Schedule.

Amendment 251, page 128, line 25, after “possession)” insert “—

(a) in Part 3, in paragraph 2(a), omit the words from “other than—” to the end of sub-paragraph (ii) (but not the “, or” at the end of the paragraph);”.

This amendment is consequential on Schedule 1 to the Bill, which abolishes the existing prior notice grounds in Part 1 of Schedule 2 to the Housing Act 1988, and on clause 2 of the Bill which abolishes assured shorthold tenancies. The amendment removes the references in paragraph 2(a) of Part 3 of Schedule 2 to the 1988 Act to those grounds and to assured shorthold tenancies.

Amendment 252, page 128, line 26, at end insert—

“Local Government and Housing Act 1989

11A In Schedule 11 to the Local Government and Housing Act 1989 (minor and consequential amendments) omit paragraphs 103 and 108.”

This amendment repeals amendments in the Local Government and Housing Act 1989 of provisions in the 1988 Act that are being repealed by the Bill.

Amendment 253, page 128, line 28, at end insert—

“12A In section 64 omit the entry for “assured shorthold tenancy”.

12B Omit sections 96 to 100.

12C In section 143 (index of defined expressions) omit “and assured shorthold tenancy”.”

This amendment is consequential on clause 2 of the Bill which repeals Chapter 2 of Part 1 of the Housing Act 1988.

Amendment 239, page 128, line 29, leave out “omit subsection (5)” and insert

“, in subsection (5)—

(a) in paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;

(b) in paragraph (b), for “that notice will expire” substitute “the date specified in that notice is””.

This amendment changes an amendment to section 175 of the Housing Act 1996, classing a person as threatened with homelessness if they have been given a valid notice under section 8 of the 1988 Act and the date specified in the notice is within 56 days.

Amendment 240, page 129, line 1, leave out “omit subsection (6)” and insert

“, in subsection (6)—

(a) in the words before paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;

(b) in paragraph (a)—

(i) for “will expire” substitute “specifies a date that is”;

(ii) for “expired” substitute “passed””.

This amendment changes an amendment to section 195 of the Housing Act 1996 so that a housing authority may not end its duty to a person under the circumstances in section 195(8)(b) where the person has been given a valid section 8 notice specifying a date within 56 days or that has passed.

Amendment 254, page 129, line 9, at end insert—

“18A In section 230 (minor definitions: general), in the first definition, omit “, “assured shorthold tenancy””.

18B Omit Schedule 7.”

This amendment is consequential on clause 2 of the Bill which repeals Chapter 2 of Part 1 of the Housing Act 1988.

Amendment 259, page 129, line 9, at end insert—

“Capital Allowances Act 2001

18C In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy allowances), omit “(but not an assured shorthold tenancy)”.

Police Reform Act 2002

18D In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority housing) omit subsection (4).

Finance Act 2003

18E In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownerships leases etc)—

(a) in paragraph 13, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”;

(b) in paragraph 14, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”.

Anti-social Behaviour Act 2003

18F In the Anti-social Behaviour Act 2003—

(a) in section 14 (security of tenure: anti-social behaviour) omit subsection (4);

(b) omit section 15.

Housing Act 2004

18G In the Housing Act 2004—

(a) omit section 75;

(b) omit section 98.

Housing and Regeneration Act 2008

18H In Schedule 11 to the Housing and Regeneration Act 2008 (possession orders relating to certain tenancies), in Part 1—

(a) omit paragraph 7;

(b) omit paragraph 9.

Localism Act 2011

18I In the Localism Act 2011—

(a) in section 162 (secure and assured tenancies: recovery of possession after tenant’s death) omit subsection (4);

(b) omit section 163;

(c) omit section 164;

(d) in Schedule 14 (grounds on which landlord may refuse to surrender and grant tenancies), in paragraph 6(4), in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Deregulation Act 2015

18J In the Deregulation Act 2015—

(a) omit section 31;

(b) omit sections 33 to 41.

Immigration Act 2016

18K In section 41 of the Immigration Act 2016 (order for possession of dwelling-house), in subsection (3), omit paragraphs (c) and (d).”—(Jacob Young.)

This amendment is consequential on changes made by clauses 2, 3 and 22 of the Bill.