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Clause 14 - Order for possession of dwelling-house

Immigration Bill – in a Public Bill Committee at 10:00 am on 3rd November 2015.

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Amendment proposed: 89, in clause 14, page 13, line 6, leave out “must” and insert “may”.—(Keir Starmer.)

To provide a court with a discretion as to whether or not it orders possession of a dwelling house on the grounds that the Secretary of State has issued a notice confirming that a person does not have a right to rent.

The Committee divided: Ayes 6, Noes 9.

Division number 13 Decision Time — Clause 14 - Order for possession of dwelling-house

Aye: 6 MPs

No: 9 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly negatived.

Amendments made: 19, in clause 14, page 13, line 12, after “landlord” insert

“or, in the case of joint landlords, one or more of them”

This amendment provides for a notice from the Secretary of State to be given to one or more landlords where there are joint landlords.

Amendment 20, in clause 14, page 15, line 14, after “landlord” insert

“or, in the case of joint landlords, one or more of them”

This amendment provides for a notice from the Secretary of State to be given to one or more landlords where there are joint landlords.

Amendment 21, in clause 14, page 15, line 39, leave out “under an assured” and insert

“which is for the time being let on a protected tenancy or subject to a statutory”—(James Brokenshire.)

This is a minor drafting amendment so as to better reflect the terminology employed in the Rent Act 1977, which this Clause amends.

Photo of Albert Owen Albert Owen Labour, Ynys Môn

Before I move on to stand part, may I make it clear to members of the Committee that the clause is debatable? I have not been here for all the amendments, but there has been a full debate. If Members wish to speak, please rise to catch my eye before I move on.

Question proposed, That the clause, as amended, stand part of the Bill.

Photo of James Brokenshire James Brokenshire Minister of State (Home Office) (Security and Immigration) 10:15 am, 3rd November 2015

Clause 14 amends the Housing Act 1988 to create a new mandatory ground for a landlord to obtain possession of a property following receipt of notification from the Secretary of State that an occupant is disqualified from renting as a result of their immigration status. The clause works in parallel with clause 13 and enables landlords to regain possession of their properties where some of the occupants are illegal migrants and some are in the UK lawfully with the right to rent. We have debated clause 13. Clause 14 provides slightly different mechanisms: it inserts a new mandatory ground into the 1988 Act, as I have indicated, and contains some ancillary provisions. Rather than delaying the Committee, I will leave my comments there and allow Members to ask questions and raise further points.

Photo of Keir Starmer Keir Starmer Shadow Minister (Home Office)

We debated the clause when we debated the Government amendments and the amendment to make special provision for children. That has been dealt with, so I will say little more than this: if the clause is agreed, it will provide a mandatory ground for eviction in cases involving children, older people, those with mental health issues and so on.

Photo of James Brokenshire James Brokenshire Minister of State (Home Office) (Security and Immigration)

I think all I will do in response is amplify some of the points I raised in the previous debate on notices by the Secretary of State and the factors that he or she would take into consideration as part of the removals process. I indicated that medical issues may be a factor that he or she can take into account when determining whether to issue a notice. The clause is part of that process and builds on the debate we have had.

Question put and agreed to.

Clause 14, as amended, accordingly ordered to stand part of the Bill.