New Clause 22 - Interpretation

Welfare Reform and Work Bill – in a Public Bill Committee at 3:45 pm on 15th October 2015.

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“(1) In sections 19 to (Rent standards), this section and Schedule (Further provision about social housing rents)—

“affordable rent” and “affordable rent housing” have the meaning given by Schedule (Further provision about social housing rents);

“local authority” has the same meaning as in the Housing Associations Act 1985;

“low cost home ownership accommodation” has the meaning given by section 70 of the Housing and Regeneration Act 2008;

“low cost rental accommodation” has the meaning given by section 69 of the Housing and Regeneration Act 2008;

“private registered provider” means a private registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);

“registered provider” means a registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);

“the regulator” means the Regulator of Social Housing;

“relevant year” has the meaning given by section 19;

“rent” includes payments under a licence to occupy;

“service charge” means an amount payable by the tenant of particular accommodation as part of, or in addition to, the rent, and which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord’s costs of management;

“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act);

“the social housing rents provisions” means sections 19 to (Rent standards), this section and Schedule (Further provision about social housing rents);

“tenancy” includes a licence to occupy;

“tenant” includes a person who has a licence to occupy.

(2) In the social housing rents provisions, a reference to the beginning of a tenancy is a reference to the day on which, under the terms of a lease or other agreement, the tenant is entitled to possession under the tenancy, subject to subsection (3).

(3) For the purposes of the social housing rents provisions, a tenancy of particular social housing is to be regarded as having been assigned to the tenant under the following tenancy (and not as coming to an end) where—

(a) that tenancy is followed by another tenancy of that social housing and at least one person is a tenant under the first tenancy when it comes to an end and under the following tenancy when it begins,

(b) that tenancy gives rise to another person’s statutory or assured tenancy of that social housing by virtue of Part 1 of Schedule 1 to the Rent Act 1977 (statutory tenants by succession), or

(c) that tenancy gives rise to another tenancy of that social housing by virtue of paragraph 13 of Schedule 1 to the Rent Act 1977 (change of statutory tenant by agreement and with consent of landlord),

but a tenancy of particular social housing is to be regarded as coming to an end on being assigned by way of exchange (and the assignee is to be regarded as a tenant whose tenancy began at that time).

(4) References to the tenant under a tenancy of particular social housing are to be read in accordance with subsection (3).

(5) In the social housing rents provisions, a reference to an amount of rent payable to a registered provider for social housing—

(a) in the case of social housing that is affordable rent housing and is let at an affordable rent, includes a reference to an amount payable by way of service charge, and

(b) in the case of other social housing, does not include a reference to an amount payable by way of service charge.’—(Guy Opperman.)

This amendment makes provision about terms used in the social housing rents provisions. In particular, it makes provision about when a tenancy begins and how a tenancy is to be treated as continuing, or as coming to an end.

Brought up, read the First and Second time, and added to the Bill.