PART 5Housing, estate agents and rentcharges: other changes

Housing information in England

I1128Tenancy deposit information

1

The Housing Act 2004 is amended as follows.

2

In section 212 (tenancy deposit schemes), after subsection (6) insert—

6A

For further provision about what must be included in the arrangements, see section 212A.

3

After section 212 insert—

212AProvision of information to local authorities

1

Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—

a

to give a local housing authority in England any specified information that they request, or

b

to provide facilities for the sharing of specified information with a local housing authority in England.

2

In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.

3

Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.

4

Arrangements made by virtue of this section may include supplementary provision, for example about—

a

the form or manner in which any information is to be provided,

b

the time or times at which it is to be provided, and

c

the notification of anyone to whom the information relates.

5

Information obtained by a local housing authority by virtue of this section may be used only—

a

for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises, or

b

for the purpose of investigating whether an offence has been committed under any of those Parts in relation to any premises.

6

Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).

7

The Secretary of State may by regulations amend the list of purposes in subsection (5).

4

In section 250(6) (affirmative instruments), after paragraph (b) insert—

ba

regulations under section 212A,

I2129Use of information obtained for certain other statutory purposes

1

The Housing Act 2004 is amended as follows.

2

In section 237 (use of information obtained for certain other statutory purposes) after subsection (2) insert—

3

The Secretary of State may by regulations amend this section so as to change the list of purposes for which a local housing authority in England may use information to which it applies.

3

In section 250(6) (affirmative instruments), after paragraph (c) insert—

ca

regulations under section 237,

130Tenants' associations: power to request information about tenants

After section 29 of the Landlord and Tenant Act 1985 insert—

29ATenants' associations: power to request information about tenants

1

The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants.

2

The regulations may—

a

make provision about the tenants about whom information must be provided and what information must be provided;

b

require a landlord to seek the consent of a tenant to the provision of information about that tenant;

c

require a landlord to identify how many tenants have not consented.

3

The regulations may—

a

authorise a landlord to charge costs specified in or determined in accordance with the regulations;

b

impose time limits on a landlord for the taking of any steps under the regulations;

c

make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice);

d

make other provision as to the procedure in connection with anything authorised or required by the regulations.

4

The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.

5

The regulations may include supplementary, incidental, transitional or saving provision.

6

Regulations under this section are to be made by statutory instrument.

7

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

8

In this section—

  • “relevant tenants' association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England;

  • relevant qualifying tenant” means—

    1. a

      a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or

    2. b

      a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association;

  • qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.