The Localism Bill and Tenant Deposits
The 2004 Housing Act will be amended as follows.
- Protect Deposit in 30 days (no longer 14 days)
- Issue PRESCRIBED INFORMATION within 30 days (no longer 14 days)
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Where 1 & 2 above not complied with, return the deposit in full (or deductions only with Tenants' consent) otherwise no Section 21 Notice can be relied on until the court awards damages being ; return the deposit or and fine not more than three times the value of the deposit.
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"grounds for an application to a county court" 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.”
Members Help
- We have reviewed the Deposit Legislation and updated the 2004 Housing Act to reflect compliance, and definitions of penalties and fines
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The Bill will devolve greater powers to councils and neighbourhoods and give local communities more control over housing and planning decisions.
The housing provisions will
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allow local authorities to discharge their duties to homeless people by using private rented accommodation
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abolish the requirement to have a Home Improvement Pack
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reform the Housing Revenue Account system
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provide for a new form of flexible tenure for social housing tenants
- give local authorities the power to limit who can apply for social housing within their areas
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abolish the Tenant Services Authority and provides for a transfer of functions to the Homes and Communities Agency
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amend the way in which a social tenant can make a complaint about their landlord
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improve the ability of social tenants to move to different areas.
The planning and regeneration provisions will
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abolish Regional Spatial Strategies
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abolish the Infrastructure Planning Commission and return to a position where the Secretary of State takes the final decision on major infrastructure proposals of national importance
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amend the Community Infrastructure Levy, which allows councils to charge developers to pay for infrastructure. Some of the revenue will be available for the local community
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provide for neighbourhood plans, which would be approved if they received 50% of the votes cast in a referendum
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provide for neighbourhood development orders to allow communities to approve development without requiring normal planning consent
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give new housing and regeneration powers to the Greater London Authority, while abolishing the London Development Agency.
The provisions relating to councils include:
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giving councils a general power of competence
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allowing councils to choose to return to the committee system of governance and allowing for referendums for elected mayors in certain authorities
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abolishing the Standards Board regime and the model code of conduct, and introducing local accountability and a criminal offence of deliberate failure to declare a personal interest in a matter
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giving residents the power to instigate local referendums on any local issue and the power to veto excessive council tax increases
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allowing councils more discretion over business rate relief
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providing new powers to help save local facilities and services threatened with closure, and giving voluntary and community groups the right to challenge local authorities over their services.
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