Localism Bill

181B: After Clause 161, insert the following new Clause— ““Tenants’ deposits Tenancy deposit schemes (1) The Housing Act 2004 is amended as follows. (2) In section 213 (requirements relating to tenancy deposits)— (a) in subsection (3) (landlord’s requirement to comply with initial requirements within 14 days of receipt of deposit) for ““14”” substitute ““30””, and (b) in subsection (6)(b) (landlord’s requirement to give tenant information within 14 days of receipt of deposit) for ““14”” substitute ““30””. (3) Section 214 (proceedings relating to tenancy deposits) is amended as follows. (4) In subsection (1) (grounds for an application to a county court) for paragraph (a) substitute— ““(a) that section 213(3) or (6) has not been complied with in relation to the deposit, or””. (5) After subsection (1) insert— ““(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.”” (6) In subsection (2) (conditions for a remedy)— (a) in the opening words— (i) for ““Subsections (3) and (4)”” substitute ““Subsection (3) (subject to subsection (3A)) and subsection (4)””, (ii) omit ““such””, and (iii) after ““application”” insert ““under subsection (1)””, and (b) for paragraph (a) substitute— ““(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or””. (7) After subsection (3) insert— ““(3A) Subsection (3) does not apply in a case where the tenancy has ended at the time of the application under subsection (1), and in such a case the court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.”” (8) In subsection (4) (amount of penalty payment)— (a) omit ““also””, and (b) for ““equal to”” substitute ““not less than the amount of the deposit and not more than””. (9) Section 215 (sanctions for non-compliance) is amended as follows. (10) In subsection (1) (prevention of service of notice under section 21 of the Housing Act 1988)— (a) at the beginning insert ““Subject to subsection (2A),””, and (b) for paragraph (b) substitute— ““(b) section 213(3) has not been complied with in relation to the deposit.”” (11) In subsection (2) (prevention of service of notice under section 21 of the Housing Act 1988) at the beginning insert ““Subject to subsection (2A),””. (12) After subsection (2) insert— ““(2A) Subsections (1) and (2) do not apply in a case where— (a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or (b) an application to a county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.”” (13) In Schedule 10 (provisions relating to tenancy deposit schemes) in paragraph 5A(9)(b) (modification of section 213(3)) for ““14”” substitute ““30””.”” 181C: After Clause 161, insert the following new Clause— ““Houses in multiple occupation Exemption from HMO licensing for buildings run by co-operatives (1) In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for the purposes of that Act (excluding Part 1)) after paragraph 2A insert— ““Buildings controlled or managed by a co-operative society 2B (1) A building where— (a) the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and (b) no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy. (2) The conditions are— (a) that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society, (b) that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend, (c) that each member has equal voting rights at such a meeting, and (d) that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member’s invitation. (3) For the purposes of sub-paragraph (1) ““co-operative society”” means a body that— (a) is registered— (i) as a co-operative society under section 1 of the 1965 Act, or (ii) is a pre-2010 Act society (as defined by section 4A(1) of the 1965 Act) which meets the condition in section 1(2) of the 1965 Act, and (b) is neither— (i) a non-profit registered provider of social housing, nor (ii) registered as a social landlord under Part 1 of the Housing Act 1996. (4) In this paragraph— ““the 1965 Act”” means the Co-operative and Community Benefit Societies and Credit Unions Act 1965; ““assured tenancy”” has the same meaning as in Part 1 of the Housing Act 1988; ““protected tenancy”” has the same meaning as in the Rent Act 1977; ““secure tenancy”” has the same meaning as in Part 4 of the Housing Act 1985.”” (2) Until the coming into force of section 1 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if for sub-paragraph (3)(a) of that paragraph there were substituted— ““(a) is a society registered, or treated as registered, under section 1 of the 1965 Act in the case of which the condition in section 1(2)(a) of that Act is fulfilled (bona fide co-operative society),””. (3) Until the coming into force of section 2 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if in sub-paragraph (4) of that paragraph ““Industrial and Provident Societies Act 1965”” were substituted for ““Co-operative and Community Benefit Societies and Credit Unions Act 1965””. (4) In subsections (2) and (3) ““the 2010 Act”” means the Co-operative and Community Benefit Societies and Credit Unions Act 2010.”” Amendments 181B and 181C agreed. Amendments 182 to 182K not moved. Amendments 182KA to 182KB had been retabled as Amendments 181B to 181C. Amendments 182KC to 182KG not moved. Amendment 182KH had been withdrawn from the Marshalled List. Amendments 182KJ and 182KL not moved. Schedule 18 agreed. Clauses 162 and 163 agreed. Amendment 182L not moved. Clauses 164 to 168 agreed. Clause 169 : Transfer schemes: general provisions Amendment 182LA Clause 169 : Transfer schemes: general provisions Amendment 182LA Moved by