Nearly Legal: Housing Law News and Comment

Goodbye to all that?

So, a 4 July general election it is.

Dissolution of Parliament will be on 30 May 2024. If Sunak hasn’t already dissolved. Wash-up – pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when Parliament is prorogued.

What does this mean for some key bits of housing legislation?

The Renters (Reform) Bill is currently awaiting committee stage in the House of Lords (meaning committee, report, and third reading stages in the Lords, plus any ping pong with the House of Commons over amendments to go.)

The Leasehold and Freehold Bill is currently awaiting report stage in the House of Lords (meaning report and third reading to go in the Lords, plus any ping pong with the Commons over amendments. (And so far, the Bill is notably lacking any Govt amendments to bring in restrictions on existing ground rents.)

The ‘wash-up’ process at the end of a Parliament can see bills pushed through at incredible speed. But – big buts – this is a) only if both the Govt and all the opposition parties agree to pass them in this way, with effectively no discussion and certainly no amendments made, and b) if the Govt prioritises them in view of all the other legislation competing for space in wash-up.

Both a) and b) being the case seems to me to be a bit unlikely. We will know very soon. But if either or both of the Bills fall, that means starting from scratch for the incoming post-election government.

The there are the regulations to implement Awaab’s Law – section 10A Landlord and Tenant Act 1985. There has been the consultation, but as yet no consultation response, and no sign of a statutory instrument. Technically, it would be feasible for the regulations to be laid before 30 May, but it has to be said, it seems unlikely.

This too, would then be a decision for the incoming post-election government.

It is quite extraordinary that some of the most seismic changes to landlord & tenant and leasehold law, which were 2019 manifesto commitments, are potentially about to vanish. Even if they don’t, there will be a lot of pieces for any incoming Govt to pick up. But after the last 9 years (at least) of chaotic government, perhaps we should not be surprised.

We’ll know in a couple of days. Then everything will have to wait until 5 July…

(Update 23 May. The Leasehold and Freehold Bill will be considered in the Lords on 24 May. This means it has made wash-up, though we will have to see in what form. Silence on the Renters (Reform) Bill, which does not look hopeful.)

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