§ Mr. StinchcombeTo ask the Secretary of State for the Environment, Transport and the Regions what assessment he has made of the need for primary legislation following the judgment of the Court of Appeal in R vs Secretary of State for the Environment, Transport and the Regions ex parte Spath Holme Limited that the Rent Acts (Maximum Fair Rent) Order 1999 (SI 1999 No. 6) was ultra vires. [108787]
§ Mr. MullinWe will consider whether any further action is appropriate once the outcome of the petition to another place is known.
155W
§ Mr. StinchcombeTo ask the Secretary of State for the Environment, Transport and the Regions what assessment he has made of the impact on the stock of affordable homes of the judgment of the Court of Appeal in R v. Secretary of State for the Environment, Transport and the Regions ex parte Spath Holme Limited that the Rent Acts (Maximum Fair Rent) Order 1999 (SI 1999 No. 6) was ultra vires. [108783]
§ Mr. MullinThe Court of Appeal's judgment does not affect the supply of affordable homes. However, it is likely to affect the ability of some tenants to afford rent increases which would have been capped under the Order.
§ Mr. StinchcombeTo ask the Secretary of State for the Environment, Transport and the Regions what action he plans to take following the judgment of the Court of Appeal in Rv. Secretary of State for the Environment, Transport and the Regions ex parte Spath Holme Limited that the Rent Acts (Maximum Fair Rent) Order 1999 (SI 1999 No. 6) was ultra vires. [108785]
§ Mr. MullinWe intend to petition another place seeking permission to appeal the Court's decision.
§ Mr. StinchcombeTo ask the Secretary of State for the Environment, Transport and the Regions what assessment he has made of the impact on rents of the judgment of the Court of Appeal in Rv. Secretary of State for the Environment, Transport and the Regions ex parte Spath Holme Limited that the Rent Acts (Maximum Fair Rent) Order 1999 (SI 1999 No. 6) was ultra vires. [108784]
§ Mr. MullinThe judgment is likely to lead to significant increases in fair rents that would have been capped under the Order. The impact will vary between regions. However, provisional analysis of rents registered by rent officers in England and Wales shows an average difference between the amount capped under the Order and the uncapped amount of £5.61 per week.
§ Mr. StinchcombeTo ask the Secretary of State for the Environment, Transport and the Regions by what means he will prevent disproportionate increases in rent following the judgment of the Court of Appeal in Rvs Secretary of State for the Environment, Transport and the Regions ex parte Spath Holme Limited that the Rent Acts (Maximum Fair Rent) Order 1999 (SI 1999 No. 6) was ultra vires. [108786]
§ Mr. MullinThe Secretary of State has no powers to intervene to prevent disproportionate increases in rent. It is for rent officers and rent assessment committees to decide whether and by how much to increase the rent for tenancies registered under Part IV and Part VI of the Rent Act 1977. They must follow the rules set out in Section 70 of the Act and have regard to leading court judgments on the assessment of a fair rent.