Moved by
Lord Ahmad of Wimbledon
46C: After Clause 30, insert the following new Clause—
“Notice to be provided in relation to periodic assured shorthold tenancies
In section 21 of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy), after subsection (4) insert—
“(4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.””
46D: After Clause 30, insert the following new Clause—
“Time limits in relation to section 21 notices and proceedings
(1) Section 21 of the Housing Act 1988 is amended as follows.
(2) After subsection (4A) insert—
“(4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—
(a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and
(b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.
(4C) Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).
(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).
(4E) Where—
(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and
(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,
proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.”
(3) In subsection (6), for “subsection” substitute “subsections (4B)(b) and”.”
46E: After Clause 30, insert the following new Clause—
“Prescribed form of section 21 notices
In section 21 of the Housing Act 1988, after subsection (7) insert—
“(8) The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England.
“(9) A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.””
46F: After Clause 30, insert the following new Clause—
“Compliance with prescribed legal requirements
After section 21 of the Housing Act 1988 insert—
“21A Compliance with prescribed legal requirements
(1) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.
(2) The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—
(a) the condition of dwelling-houses or their common parts,
(b) the health and safety of occupiers of dwelling-houses, or
(c) the energy performance of dwelling-houses.
(3) In subsection (2) “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
(4) For the purposes of subsection (2)(a) “common parts” has the same meaning as in Ground 13 in Part 2 of Schedule 2.
(5) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.””
46G: After Clause 30, insert the following new Clause—
“Requirement for landlord to provide prescribed information
After section 21A of the Housing Act 1988 insert—
“21B Requirement for landlord to provide prescribed information
(1) The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of dwelling house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy.
(2) Regulations under subsection (1) may—
(a) require the information to be given in the form of a document produced by the Secretary of State or another person,
(b) provide that the document to be given is the version that has effect at the time the requirement applies, and
(c) specify cases where the requirement does not apply.
(3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).
(4) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.””