Member

188: Clause 34, page 50, line 5, at end insert— “(2) In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows— (a) after sub-paragraph (1) insert—“(1A) But that is subject to sub-paragraphs (2B), (2C) and (5) to (7).”;(b) after sub-paragraph (2) insert—“(2A) Regulations under sub-paragraph (2) may, in particular, specify as a body of persons—(a) the members, or(b) a class of the members,from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2).(2B) The Secretary of State may by regulations made by statutory instrument—(a) specify a class of building, and(b) provide that a tenancy—(i) does not fall within this paragraph if the dwelling-house is in a building of the specified class, or(ii) falls within this paragraph only if the dwelling-house is in a building of the specified class.(2C) The Secretary of State may by regulations made by statutory instrument—(a) specify a student landlord or a class of student landlord,(b) specify a class of building in relation to the specified student landlord or specified class of student landlord, and(c) provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy—(i) does not fall within this paragraph if the dwelling-house is in the specified class of building, or(ii) falls within this paragraph only if the dwelling-house is in the specified class of building.(2D) Regulations under sub-paragraph (2B)(a) or (2C)(b) may, in particular, specify as a class of building—(a) the buildings, or(b) a class of the buildings,from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2B)(a) or (2C)(b).(2E) Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord—(a) the members, or(b) a class of the members,from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).”;(c) in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”;(d) after sub-paragraph (3) insert—“(4) Regulations under this paragraph—(a) may make different provision for different purposes;(b) may make supplemental, consequential, incidental, transitional, transitory or saving provision.(5) The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted. (6) A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where—(a) the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and(b) at the time when the tenant is entitled to possession—(i) condition A is met (see sub-paragraph (8)),(ii) condition B is met (see sub-paragraphs (9) and (10)), or(iii) both of those conditions are met.(7) In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession.(8) Condition A is met if—(a) the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, but(b) at the time when the tenant is entitled to possession of the dwelling-house, the landlord (whether that is the body of persons who granted the tenancy or a successor in title) is not a student landlord.(9) Condition B is met if—(a) at the time when the tenancy was granted—(i) regulations under sub-paragraph (2B) or (2C) were in force, but(ii) those regulations did not prevent the tenancy from being within this paragraph, but(b) at the time when the tenant is entitled to possession of the dwelling-house—(i) regulations under sub-paragraph (2B) or (2C) are in force, and(ii) those regulations prevent the tenancy from being within this paragraph.(10) But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State.(11) For the purposes of this paragraph—(a) “student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2));(b) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);(c) a building is “subject to” a housing management code of practice if it—(i) is a particular building subject to the code, or(ii) is of a class of buildings subject to the code;(d) a reference to—(i) a class of the buildings from time to time subject to a housing management code of practice, or(ii) a class of the members from time to time of a housing management code of practice,includes the buildings or members that are from time to time in a class provided for in the code of practice;(e) a body of persons are “a specified landlord solely by reference to a code of practice” if they—(i) are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and (ii) are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.””Member’s explanatory statement Paragraph 8 of Schedule 1 to the Housing Act 1988 provides for certain student lettings not to be assured tenancies. This amendment would enable the exemption to be limited to buildings of a specified class; and for regulations to operate by reference to codes of practice approved under section 233 of the Housing Act 2004.