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