Clause 119 - Managers appointed under Part 2 of the Landlord and Tenant Act 1987

Building Safety Bill – in a Public Bill Committee at 3:45 pm on 19th October 2021.

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

Photo of Eddie Hughes Eddie Hughes Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

We recognise the need to ensure that the building safety regime is compatible with existing legislation and provides clarity as to the avenues of redress for any breaches of building safety obligations. Clause 119 makes amendments to section 24 of the Landlord and Tenant Act 1987 to ensure that the new building safety obligations, as set out by the Bill, are kept separate from other general management functions for buildings.

The clause makes amendments that provide that a tribunal cannot appoint a manager under section 24 where the breach of obligations complained of by a resident is a breach of the accountable persons building safety obligations. This means that where a manager is appointed under section 24, the tribunal cannot confer upon that manager building safety functions, which are to be carried out by an accountable person.

Photo of Selaine Saxby Selaine Saxby Conservative, North Devon

It is a privilege to serve under you, Ms Miller. I just want to ask the Minister on a point of clarification. What will you do to ensure that all accountable persons are bound by a special measures order where an accountable person changes after the order has been made, but while it remains in place?

Photo of Maria Miller Maria Miller Conservative, Basingstoke

Order. Before I call the Minister, I remind everyone that we refer to other Members in the third person in general Committees of all types. It is not “you”, it is “him”.

Photo of Eddie Hughes Eddie Hughes Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

I thank my hon. Friend for her intervention. That may be something upon which we need to deliberate further, to ensure that the purpose that she described is addressed.

Redress for any failings on the part of the accountable person are to be dealt with by the Building Safety Regulator through the residents’ complaints mechanism. Having assessed the nature and seriousness of the complaints, the Building Safety Regulator can decide whether to make an application to the tribunal to appoint a special measures manager if there have been persistent or serious breaches of building safety obligations by the accountable person.

Question put and agreed to.

Clause 119 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Scott Mann.)

Adjourned till Thursday 21 October at half-past Eleven o’clock.

Written evidence reported to the House

BSB35 Construction Industry Council (supplementary submission)

BSB36 BRE (supplementary submission)

BSB37 CICAIR Ltd

BSB38 Henry Grala, on behalf of Drayton Park Residential Group (further submission)

BSB39 Consensus Business Group and Estates & Management Limited (joint submission)

BSB40 UK Certification Authority for Reinforcing Steels (CARES)

BSB41 Get it Right Initiative (GIRI)

BSB42 London Borough of Camden

BSB43 Jennifer Melmore

BSB44 National Housing Federation (supplementary submission)

BSB45 Mayor of London

BSB46 Building Safety Alliance

BSB47 Andrew Brookes, Anthony Gold Solicitors LLP

BSB48 Joule Group

BSB49 FBU