Committee (1st Day)

Part of Housing and Planning Bill – in the House of Lords at 5:45 pm on 9th February 2016.

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Photo of Baroness Grender Baroness Grender Liberal Democrat 5:45 pm, 9th February 2016

I thank all noble Lords for their contributions to this discussion and the noble Earl, Lord Lytton, for his support for continuing to examine this area. I also thank the noble Lord, Lord Palmer of Childs Hill, who raised property transfer and the noble Lords, Lord Campbell-Savours and Lord Greaves, for commenting on where the resource goes, about which we have already had much discussion. The Minister said that we would find some answers and reassurance for tenants in Schedule 3. We will continue to scrutinise this issue to make sure that there is absolutely no threat of a tenant being made homeless as a result of the activities of a dreadful rogue landlord. That is the main aim of this amendment and we will continue to review that as the Bill progresses. However, at this point, I beg leave to withdraw the amendment.

Amendment 2 withdrawn.

Clause 16 agreed.

Clauses 17 to 19 agreed.

Clause 20: Offence of breach of banning order

Amendments 3 and 4

Moved by Baroness Williams of Trafford

3: Clause 20, page 11, line 23, leave out “this section” and insert “subsection (1)”

4:Clause 20, page 11, line 27, at end insert—

“(3A) Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues.

(3B) In proceedings for an offence under subsection (3A) it is a defence to show that the person had a reasonable excuse for the continued breach.”

Amendments 3 and 4 agreed.

Clause 20, as amended, agreed.

Clause 21 agreed.

Clause 22: Financial penalty for breach of banning order

Amendments 5 and 6

Moved by Baroness Williams of Trafford

5: Clause 22, page 12, line 4, leave out “20” and insert “20(1)”

6: Clause 22, page 12, line 9, at end insert “, unless subsection (3A) allows another penalty to be imposed.

“(3A) If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.”

Amendments 5 and 6 agreed.

Amendment 7 not moved.

Amendment 8

Moved by Baroness Williams of Trafford

8: Clause 22, page 12, line 13, leave out “20” and insert “20(1)”

Amendment 8 agreed.

Amendment 8ZA not moved.

Clause 22, as amended, agreed.

Schedule 1 agreed.

Clauses 23 and 24 agreed.

Schedule 2 agreed.

Clause 25 agreed.

Schedule 3 agreed.

Clause 26 agreed.

Clause 27: Database of rogue landlords and property agents

Amendment 8A not moved.

Clause 27 agreed.

Clauses 28 to 30 agreed.

Clause 31: Appeals

Amendment 9

Moved by Baroness Bakewell of Hardington Mandeville

9: Clause 31, page 15, line 29, at end insert—

“( ) An appeal under this section must be heard within 28 days.”