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Affordable Housing and Rent Control Bill
A
B I L L
T O
provide for the regulation of rent increases, enhance tenant rights, promote the availability of affordable housing options, and address the housing affordability crisis and ensure the stability and well-being of renters across the country and for connected purposes.
BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Section One - Rent Control and Rent Stabilization
(1) "The Commission" in this Act is the Rental Property Operators Commission as established by the Rental Property Licensing Act 2023.
(2) The Commission shall determine rent increase limits for designated areas with high housing demand or rapidly rising rents based on the following formula:
(a) Annual Rent Increase Limit = [Percentage] x [Inflation Rate]
(3) Landlords shall be prohibited from imposing rent increases beyond the limits prescribed by the Commission. Any rent increases in violation of this provision shall be void and unenforceable.
(4) The regulations on rent do not apply on a period between the vacation of an old tenant for new, with rent control recommencing on the new rent following a new tenancy.
(5) Newly-built properties will not be brought under the control regime for fifteen years following being signed off by a building inspector as habitable.
Section Two - Enhanced Tenant Rights
(1) No tenant shall be evicted without just cause, as defined by the Commission. Landlords shall be required to provide a written notice stating the grounds for eviction, and tenants shall have the right to challenge the eviction in a First-Tier Tribunal (Property Chamber - Residential Property). Tenants may not be evicted any less than twenty-eight days after the landlord chooses to inform them they shall end their tenancy.
(2) Retaliatory evictions, wherein a landlord seeks to evict a tenant in response to the exercise of their legal rights, shall be prohibited. Any eviction carried out as a form of retaliation shall be deemed unlawful and subject to an unlimited fine in accordance with Level Five of the Standard Scale in England.
(3) The Commission shall develop standard lease agreements that outline the rights and responsibilities of tenants and landlords. Landlords shall be required to provide tenants with a copy of the standardised lease agreement, ensuring transparency and fairness in rental agreements.
Section Three - Abolition of Assured Shorthold Tenancies
(1) In the 1988 Act, before section 5 insert—
“4A Assured tenancies to be periodic with rent period not exceeding a month
(1) Terms of an assured tenancy are of no effect so far as they provide for the tenancy to be a fixed term tenancy.
(2) Where terms of an assured tenancy are of no effect by virtue of subsection (1), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as those for which rent is payable.
(3) Terms of an assured tenancy which provide for the periods for which rent is payable (“rent periods”) are of no effect if they— (a) provide for any rent period to exceed 28 days, and
(b) do so otherwise than by providing for monthly rent periods.
(4) Where terms about rent periods are of no effect by virtue of subsection (3), the tenancy has effect as if it provided—
(a) for successive rent periods of one month beginning with the first day of the tenancy, and
(b) for the rent for each such rent period—
(i) to be the amount calculated in accordance with the formula in subsection (5), and
(ii) to be due on the first day of the period.
(5) The formula is r/D x 30.42 where R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3); D is the number of whole days in that period.
(6) Except as provided by subsections (1) and (3), nothing in this section limits any right of the landlord and the tenant to vary a term of the tenancy by agreement.
(7) For the purposes of this section, terms of an assured tenancy provide for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days.”
(2) In the Housing Act 1988:
(a) omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour);
(b) omit Chapter 2 of Part 1 (assured shorthold tenancies).
Section Four - Tenant Support and Dispute Resolution
(1) The Commission shall establish a Tenant Support and Dispute Resolution Division to assist tenants with inquiries, complaints, and dispute resolution related to their tenancy.
(2) The Tenant Support and Dispute Resolution Division shall provide accessible and affordable mediation services to resolve disputes between tenants and landlords.
(3) Financial assistance programs, such as rent subsidies or emergency housing funds, shall be made available to tenants facing housing insecurity or potential eviction, ensuring they have access to appropriate support systems.
Section Five - Affordable Housing Initiatives
(1) The Secretary of State shall establish a dedicated Affordable Housing Fund, hereinafter referred to as the "Fund," to finance the development of affordable housing units across the country.
(2) The Fund shall provide financial assistance, in the form of grants, low-interest loans, or tax incentives, to developers and housing organisations involved in the construction or renovation of affordable housing units.
(3) The Secretary of State shall collaborate with the Local Planning Authority and housing associations to identify suitable sites for affordable housing developments and expedite planning processes.
Section Six - Enforcement and Monitoring
(1) The Commission shall have the power to investigate complaints, conduct inspections, and enforce compliance with the provisions of this Act.
(2) The Commission may revoke a rental licence if:
(a) a landlord is in breach of any requirement of this Act; and
(b) it believes that it is in the public interest to revoke the licence.
(3) A landlord (L) commits an offence if:
(a) L raises the rent more than the amount permitted by the Commission under section 1;
(b) L evicts a tenant without just cause under section 2(1);
(c) L carries out a retaliatory eviction under section 2(2); or
(d) L fails without reasonable excuse to provide a copy of the standardised lease agreement to a tenant under section 2(3).
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) The Commission shall be responsible for monitoring the implementation and impact of this Act, conducting regular assessments, and reporting to the Secretary of State and the government on the effectiveness and outcomes of the legislation.
Section Seven - Extent, commencement and short title.
(1) This Act extends to England only.
(2) This Act comes into force three months after receiving Royal Assent.
(3) This Act may be cited as the Affordable Housing and Rent Control Act 2023.
This Bill was written by His Grace the Most Honourable Sir /u/Sephronar KG KCT GBE LVO PC MP MSP FRS, the 1st Duke of Hampshire, 1st Marquess of St Ives, 1st Earl of St Erth, 1st Baron of Truro on behalf of His Majesty’s 33rd Government, and Section Three is taken from the IRL Renters Reform Bill.
Referenced Legislation:
Opening Speech:
Deputy Speaker,
This Bill aims to tackle the pressing issue of housing affordability and provide greater stability for renters across our nation - as well all know the housing crisis spiralled out of control under Solidarity. Renters, and those trying to buy affordable housing, were left without hope. The soaring costs of housing and skyrocketing rent prices have left many hardworking individuals and families struggling to make ends meet. This legislation seeks to address this crisis by introducing comprehensive measures that promote affordable housing options and protect tenant rights.
Through the implementation of rent control and rent stabilisation measures, we will ensure that tenants are shielded from arbitrary and unaffordable rent increases. Enhanced tenant rights will provide greater security and stability, prohibiting unjust evictions and retaliatory actions. This Bill also prioritises the development of affordable housing units - by utilising the establishment of an Affordable Housing Fund to support construction initiatives.
This Bill will begin to create lasting partnerships between the public and private sectors, through which we can support communities where all individuals have access to safe and affordable homes. This Bill is not only about addressing the immediate needs of our citizens but also about building a stronger, fairer society. It is time to act decisively, to stand up for the rights of tenants and to ensure that every individual has the opportunity to thrive in a home they can truly call their own.
This division will end on Friday 11th August at 10pm BST.
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