Parliamentary Constituencies (Amendment) Bill (Seventh sitting)
Wednesday 20th June 2018
(6 years, 6 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies (Amendment) Bill 2017-19 View all Parliamentary Constituencies (Amendment) Bill 2017-19 Debates Read Hansard Text Amendment Paper: Notices of Amendments as at 16 May 2018 - (17 May 2018)
The Chair
I remind members of the Committee that electronic devices should be switched to silent and there should be no hot drinks in the Committee Room during sittings.
As the Committee cannot consider the clauses of the Bill until the House has agreed to a money resolution, I call Afzal Khan to move that the Committee do now adjourn.
Afzal Khan (Manchester, Gorton) (Lab)
I beg to move, That the Committee do now adjourn.
I thank everyone for being here once again. We were all reunited yesterday, albeit in the Chamber rather than in our usual Committee Room. I was disappointed with the result of the motion we debated yesterday, but I will continue to do whatever I can to push the Bill forward. It was very disappointing that the Government would not allow us to make any progress in today’s Committee.
We are now somewhat used to the back and forth of these debates. The Government continue to make the argument about the sovereignty of the Crown and the separation of powers. There seems to be some overreaction to what is being proposed. We do not want to rob the Government of their control over the country’s finances or to overturn centuries of parliamentary conventions and the separation of powers. We just want to make some progress on the Bill.
The Government argued that, since we are in this position, we may as well wait for the Boundary Commission to report in the autumn. May I remind members that my Bill was passed on Second Reading unanimously on 1 December, and that was 201 days ago? To now say that we may as well wait until the autumn reveals that the Government never intended to follow proper procedure and allow us to consider the Bill in good time. They have delayed until the point at which they can say, “We may as well wait.”
As much as we all enjoy meeting on a Wednesday morning, I did not come to Parliament, and my constituents did not elect me, to discuss procedure. I am here to pass legislation. I believe that my Bill is necessary and is worth considering in line-by-line detail, which would allow us to work through any amendments hon. Members might propose. Boundary changes are a fundamental part of our democracy and it is worth considering them carefully. Unfortunately, we are again discussing only an adjournment motion. The Government have decided not even to table a money resolution. Time is running out for us to work on a viable alternative to an inevitable defeat on the boundary changes in the autumn.
Mr Mark Harper (Forest of Dean) (Con)
I want to put a few remarks on the record on the motion to adjourn because things have changed a little bit from the last time the Committee met. On previous occasions, the hon. Member for Manchester, Gorton has referred to the decision the House took to pass his Bill on Second Reading. This is and remains entirely true.
The difference today is that the House was explicitly asked a question yesterday about the proceedings in this Committee. The House was asked whether this Committee should have leave to consider the Bill, notwithstanding Standing Orders about money resolutions. Parliament, or rather the House of Commons, explicitly decided that we should not make any progress until there is a money resolution. Following the hon. Gentleman’s logic about obeying the wishes of the House of Commons on making progress, as his Bill was passed on Second Reading, I would say that the House has been explicitly asked whether we should make progress, ahead of a money resolution being granted, and the House has said, no, we should not. We had a very wide-ranging debate yesterday and a clear decision was taken.
The hon. Gentleman also alluded to what I said yesterday about the timing of the Boundary Commission report. I presume the other commissions have written to Members in other parts of the country; the Boundary Commission for England has certainly written to hon. Members representing English seats and has pointed out that it will report just before we come back in September. Of course, to anyone outside who is listening to or reading our proceedings, that might seem like a long way in the future, but it is only four full sitting weeks until we are able to consider those reports.
David Linden (Glasgow East) (SNP)
I have experience of the Boundary Commission for Scotland; there is a particular estate in my constituency and the commission was considering changing the boundaries. The problem that I found in that case was that the Boundary Commission for Scotland reported and the Government took a certain amount of time to consider that report.
Is there not a danger here that, although the right hon. Gentleman is technically right that in four sitting weeks the Boundary Commission could publish its findings, we are probably at the mercy of the Government’s introducing some sort of resolution to the House that Members can vote down? Forgive me, but I am not necessarily sure that I would trust the Government to bring forward such a resolution timeously.
Mr Harper
The hon. Gentleman makes the perfectly fair point that bringing forward the Orders in Council, and scheduling the debate and the vote on those, are obviously matters for business managers—both Government and Opposition business managers, working in conjunction and having conversations with each other. That is entirely true.
However, I think I am right—I may be wrong, but I think I am right—in saying that there is a legislative weight on Ministers, in the sense that the boundary commissions have to report between the beginning of September and the beginning of October. I think I am also right in saying that the Parliamentary Voting System and Constituencies Act 2011 puts a weight on Ministers to bring forward the Orders in Council as soon as is practically possible. Ministers cannot just delay matters forever; there is actually an injunction to move with reasonable pace, allowing for some level of consideration.
Obviously I do not speak for the Government but my sense is that the Government would want to move reasonably quickly, so that we knew what sort of position we will be in. Also, it follows from what Ministers have said already, and the Leader of the House explicitly confirmed yesterday, that the Government are not trying to kill the Bill, but they want the House to have the opportunity to reflect on the boundary commissioners’ reports and, as I have said, to debate the Orders in Council. Then we can reflect and take further steps.
It is implicit in that process that the Orders in Council need to be introduced to give the House a chance to consider and debate them while there is still enough of the Session left so that if it was considered appropriate to grant the money resolution and proceed with consideration of the Bill, there would be enough time to see that process through. Effectively, that gives a window of opportunity, which Ministers will obviously reflect on when they make their decisions.
Afzal Khan
This private Member’s Bill does not try in any way to stop the review. All it is trying to do is allow a parallel—an alternative—because many of us in the House feel that the review is dead in the water and will not get anywhere. It is also important that we have an alternative because we cannot carry on having elections for another 18 or 20 years based on the figures that we had before. It would help the House overall and help democracy to move forward in this way.
Mr Harper
I take the hon. Gentleman’s point, which is perfectly sensible. I just do not agree with matters being conducted “in parallel”, for two reasons. First, if we are going to debate the Bill, we should find out the House’s view of the boundary proposals. Although he asserts, as he did yesterday, that he knows what the answer is, in my experience—as a Back Bencher, a Minister and Government Chief Whip—it is always quite useful to test the opinion of the House through a Division rather than just assuming what the answer will be, because sometimes the answer will be a pleasant surprise and sometimes it will not be such a pleasant surprise. We should not assume that we know what the answer will be.
Secondly, if the Government are not successful in getting those Orders in Council through, the debate on the Bill would be better informed by the Government’s having listened to the concerns that Members express in the debate on the Orders in Council.
I know that it would be a slight tragedy, because I would effectively be arguing for not continuing to debate things in this Committee, but given that the boundary legislation is constitutional in nature and by definition affects every single Member of Parliament, there would be a case, were we to make progress with the Bill at some point, for the debate on it not to take place in Committee. Committee stage should take place on the Floor of the House, as it did for the Parliamentary Voting System and Constituencies Bill. That is generally what happens to constitutional legislation: all stages are taken on the Floor of the House.
That is another reason why it is better to wait for the House to have the opportunity to consider the boundary proposals. If the Government do not get those proposals through and want to make progress on the Bill, using it as a vehicle, it would be better if time were found for all its stages to be debated on the Floor of the House because of the nature of the subject matter. Realistically, we cannot do that when we do not know the outcome of the boundary commissions’ proposals.
For all those reasons, it is right for the Committee to adjourn. We shall know what the boundary commission reports are in four sitting weeks, and the Government will then reflect on them—I hope, reasonably quickly—before they come up with the Orders in Council. That is why it is right for the Committee to adjourn, so I hope that we agree that motion.
David Linden
It is a pleasure, as always, to serve under your chairmanship, Mr Owen, and to see you back in the Chair.
I shall be brief, because we have had quite a lot of debate this week. It has been a pleasure to spend Monday, Tuesday and today with the Minister and the shadow Minister. It is apparent to me that one of the most pressing and gripping issues is parliamentary and constitutional reform, but perhaps that view is not shared by the wider public.
It is also a pleasure to follow the right hon. Member for Forest of Dean. I was intrigued by what he said about how yesterday the House of Commons made clear its view. If that is indeed the case, perhaps something new is happening: the right hon. Gentleman and the Government are now taking part in Opposition day votes. If they are saying that when the House of Commons votes on an Opposition day, the result should be taken note of, I look forward to future votes on the Women Against State Pension Inequality Campaign and many other issues. So when the House sends a very clear signal, the Government will listen to that.
Mr Harper
It is very clear. Certain motions passed by the House are binding, and motions such as yesterday’s, which was to direct the business of the House, are binding, so the vote yesterday was binding. However, some of the other motions that the hon. Gentleman is talking about are not binding, so to do what he suggests would require primary legislation.
David Linden
I have a lot of respect for the right hon. Gentleman, but that is probably just parliamentary gymnastics in action. When the House of Commons divides and the opinion of the 650 or so Members, who are sent here to represent their constituents, is tested, the Government cannot say, “On these particular votes the House of Commons’ voice can be heard and somehow respected, but those other votes are a bit inconvenient for us, because we don’t have the numbers, so we’ll just ignore them.” The Government were getting into a difficult position on Opposition day votes and when Government Members take part.
Yesterday, there was some debate about whether the Bill was being killed. I would probably have taken that view, but the right hon. Member for Forest of Dean and indeed the Minister have said no, the Government are not killing the Bill in Committee. They might not be killing the Bill, but it does feel as if it is in Guantanamo Bay at the moment—being held for numerous days without trial. We have not had the opportunity to put the Bill on trial, to scrutinise it line by line.
My final observation this morning is about something I found very telling last night. When the House divides, it is very unusual for Democratic Unionist party Members not to take part in a vote, and it is curious that, in the five, six or seven sittings of the Committee, the hon. Member for North Antrim has not always been present—he is a larger than life character, so if he is in the room, we tend to notice him. Yesterday I found the comments of the right hon. Member for Belfast North (Nigel Dodds) and the fact that Democratic Unionist party Members chose to abstain very interesting. It is fairly well known that the DUP is not united at the moment on the whole issue of reform of parliamentary constituencies.
I am happy to sit in Committee every Wednesday morning, but yesterday’s debate in the House was interesting. Comments such as those of the hon. Member for St Austell and Newquay (Steve Double) show the direction of travel in the House. He did a very good job of being both a Government loyalist and a rebel—the right hon. Member for Forest of Dean, as a former Chief Whip, is aware of how such speeches are made. He said that he was not happy about how the terms of yesterday’s motion were framed, and he would therefore go into the Lobby to support the Government. However, he made it absolutely clear that he does not support the reduction of 650 seats to 600.
We can come here and continue to have these debates, but it was clear yesterday that the direction of travel is that the democratically elected House of Commons does not support the number of seats being reduced from 650 to 600. I think we will find that out very clearly when the will of the House is tested on it.
Christian Matheson (City of Chester) (Lab)
It is a pleasure to see you in the Chair, Mr Owen. I will follow on from my good friend the hon. Member for Glasgow East, because the same thought had occurred to me about yesterday’s debate.
The right hon. Member for Forest of Dean talks about the will of the House of Commons being expressed yesterday, but the Government have form in this area. Every other Opposition motion in this Parliament has been ignored. That gives the Government a way out, because they could ignore the vote on yesterday’s Opposition day motion and proceed to table a money resolution for the Bill. That would be entirely consistent with their actions during the rest of this Parliament, unless of course, as my very good friend the hon. Member for Glasgow East suggests, they want to start taking note of votes in the House of Commons—even those in which Government Members do not bother to take part. We could start by taking the Commons and the votes seriously. I would happily take yesterday’s vote more seriously if there were consistency from the Government.
I want to talk about the character of my hon. Friend the Member for Manchester, Gorton, who has shown a certain resilience throughout the process. He and I have been friends outside this place for 15 to 20 years. We come from the same region. As far as I know, he came to this country with his parents as a young child, with very little in his pockets. He served as a police officer, studied law in his own time, built up his own successful law practice, was elected to Manchester City Council, became the first Asian lord mayor of Greater Manchester, by which time I had known him for several years, and was elected to the European Parliament.
This is not a gentleman who gives up easily and throws in the towel when faced with adversity. If the Government are looking for somebody who will simply give up on the process because they are stonewalling, I suggest they have the wrong Afzal Khan. They will have to go outside and find another Afzal Khan, who would give up earlier. I pay tribute to my hon. Friend for his resilience and determination, which is the hallmark of the man I have known for many years.
We can keep playing a straight bat, but straight bats can be played at both ends of the wicket, and a devastating pace attack can be played at one end of the wicket as well. I urge the Minister to keep the bat up, but every innings must come to an end. At some point, this matter will be considered by the House, because I know that my hon. Friend will not give in. With that, for this week at least—looking forward with anticipation to next week—I will resume my seat.
Question put and agreed to.
Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill
Wednesday 20th June 2018
(6 years, 6 months ago)
Public Bill CommitteesRead Full debate Homes (Fitness for Human Habitation) Act 2018 View all Homes (Fitness for Human Habitation) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 20 June 2018 - (20 Jun 2018)
The Chair
Welcome to the Public Bill Committee on the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill. Before we begin, I have a few preliminary announcements. Please switch electronic devices to silent. Teas and coffees are not allowed during sittings.
Clause 1
Fitness for human habitation
Ms Karen Buck (Westminster North) (Lab)
I beg to move amendment 1, in clause 1, page 1, line 2, at end insert—
“( ) In section 8 (implied terms as to fitness for human habitation)—
(a) in the heading, after ‘habitation’ insert ‘: Wales’;
(b) in subsection (1), after ‘house’, in the first place it occurs, insert ‘in Wales’.”
This amendment would ensure that the existing section 8 of the Landlord and Tenant Act 1985 (which imposes an implied covenant as to fitness for human habitation but only in relation to leases falling within certain rent limits) will continue to apply so far as relating to Wales. The substituted section 8 introduced by the Bill, which imposes the new implied covenant in relation to England, will be re-numbered as section 9A (see Amendment 2).
The Chair
With this it will be convenient to discuss the following:
Amendment 2, in clause 1, page 1, line 3, leave out from beginning to “Fitness” in line 4 and insert—
“( ) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—
‘9A ’”.
This amendment is consequential on Amendment 1.
Amendment 8, in clause 1, page 3, line 45, leave out
“and Liability for Housing Standards”.
This amendment is consequential on Amendment 15.
Amendment 9, in clause 1, page 4, line 2, at end insert—
“9C Application of section 9A to certain dwellings occupied by agricultural workers
(1) This section applies where under a contract of employment of a worker employed in agriculture—
(a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and
(b) the provisions of section 9A (implied term as to fitness for human habitation) are inapplicable by reason only of the dwelling not being let to the worker.
(2) There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.
(3) The provisions of section 9A apply accordingly—
(a) with the substitution of ‘employer’ and ‘employee’ for ‘lessor’ and ‘lessee’, and
(b) with such other modifications as may be necessary.
(4) This section does not affect—
(a) any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or
(b) any remedy for enforcing such an obligation.”
This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the new implied covenant, is consequential on Amendments 1 and 2.
Amendment 10, in clause 1, page 4, line 3, leave out subsection (3).
This amendment is consequential on Amendments 1 and 2.
Amendment 11, in clause 1, page 4, line 11, leave out sub-paragraph (i) and insert—
“(i) after ‘house’, in both places where it occurs, insert ‘or dwelling’;”.
This amendment is consequential on Amendments 1 and 2.
Amendment 12, in clause 1, page 4, line 15, before “any” insert
“in relation to a dwelling in England,”.
This amendment is consequential on Amendments 1 and 2.
Amendment 13, in clause 1, page 4, line 27, after “habitation” insert “of dwellings in England”.
This amendment is consequential on Amendments 1 and 2.
Amendment 14, in clause 1, page 4, line 27, at end insert—
“( ) In section 302 of the Housing Act 1985 (management and repair of houses acquired under section 300 or retained under section 301), in paragraph (c)—
(a) for ‘section 8’ substitute ‘sections 8 and 9A’, and
(b) for ‘does’ substitute ‘do’.”
This amendment is consequential on Amendments 1 and 2
Amendment 15, in clause 2, page 4, line 32, leave out
“and Liability for Housing Standards”.
This amendment would change the short title of the Bill so as to leave out the reference to liability for housing standards (see the explanatory statement for Amendment 16).
Amendment 16, in title, line 3, leave out from “habitation;” to “and” in line 5.
This amendment would remove the second of the objects mentioned in the long title in relation to amendments of the Building Act 1984 making provision about liability for works not complying with the Building Regulations. There are no such amendments in the Bill so this part of the long title is unnecessary. As a consequence it is proposed that the short title of the Bill changes so as to leave out the reference to liability for housing standards (see Amendment 15).
Ms Buck
It is a pleasure to serve under your chairmanship this morning, Mr Wilson. I am very grateful to the Minister and to everyone who spoke on Second Reading and who has agreed to serve on this Committee.
The first group of amendments are broadly technical. With your permission, Mr Wilson, I will spend a minute or two setting them in the context of the Bill. I hope that that means we will not have to spend time later on clause stand part.
Clause 1 is, in effect, the Bill. It would amend the Landlord and Tenant Act 1985 to ensure that homes are required to be in a condition that is fit for human habitation at the beginning of the tenancy and throughout the tenancy. Landlords are not currently required to ensure that the properties they rent out are free of potentially harmful hazards. There are statutory obligations on most landlords to keep in repair the structure and exterior of their properties and to repair installations for the supply of water, heating, sanitation and so forth. However, provisions requiring landlords to ensure that their properties are fit for human habitation have ceased to have effect over the past half century as a result of the annual rent limits, which have not been updated.
This short Bill would amend the 1985 Act to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. There is to be an implied covenant in a lease that a landlord must ensure that their property is fit at the beginning of the tenancy and for its duration. Where a landlord fails to do so, the tenant would have the right to take action in the courts for breach of contract on the grounds that the property is unfit for human habitation.
Currently, tenants must rely on local authority environmental health departments to enforce against bad landlords on their behalf. As I found in my research with Dr Stephen Battersby, and as Generation Rent confirmed this weekend in its research, enforcement is wholly inadequate to the task almost everywhere, and non-existent in some places. If the tenancy is with the local authority, the position is even more restricted, since environmental health departments cannot enforce against themselves.
Despite a long-term improvement in housing conditions over recent years, around 1 million properties remain in such a state that they represent a serious hazard to health. That affects about 3 million people who are overwhelmingly the most vulnerable and deserve our protection.
The Bill would do three things: it would ensure that any home has to be fit for the tenant to live in; it would update the fitness standards; and it would apply the legislation to local authority housing as well as to other forms of rented housing. It would do so by replacing section 8 of the Landlord and Tenant Act 1985 in its entirety for England. The proposed new sections in the Bill set out the implied covenant regarding fitness, the various exemptions and the leases to which the implied covenant applies.
There are two groups of amendments to clause 1, the first being largely technical. Amendments 1 and 2 and 9 to 13 address the position of Wales. The Bill extends to tenancies in England only. Housing is a devolved matter and section 8 is a matter for the Welsh Government in Wales. Until any changes are made, sections 8 to 10 of the 1985 Act will continue to apply in Wales in their existing form. The amendments provide for that, while introducing the provisions of the Bill for England.
Amendments 8, 14 and 15 correct the short and long titles of the Bill to remove the wording that originally related to a contemplated clause addressing liability for failure to comply with building regulations. That clause was not brought forward on Second Reading, so the short and long titles should be amended to reflect that.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is a pleasure, Mr Wilson, to serve under your chairmanship.
I congratulate the hon. Member for Westminster North on successfully taking the Bill through Second Reading and, more generally, on raising awareness about the importance of improving standards in the rented housing market. I look forward to working with her as the Bill proceeds through its many stages.
We are in favour of these technical amendments and I have nothing more to add.
Amendment 1 agreed to.
Amendment made: 2, in clause 1, page 1, line 3, leave out from beginning to “Fitness” in line 4 and insert—
“( ) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—
‘9A ’”.—(Ms Buck.)
This amendment is consequential on Amendment 1.
Ms Buck
I beg to move amendment 3, in clause 1, page 2, line 7, after “landlord” insert “or other third party”.
This amendment would ensure that a landlord will not be liable under the implied covenant as to fitness for human habitation in circumstances where the required remedial works require the consent of a third party if reasonable efforts to obtain the consent are made but the consent cannot be obtained.
The Chair
With this it will be convenient to discuss the following:
Amendment 4, in clause 1, page 2, line 28, at end insert—
“( ) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”
This amendment would extend the implied covenant as to fitness for human habitation in cases where the dwelling forms a part of a building to any of the building’s common parts in which the landlord has an estate or interest.
Amendment 5, in clause 1, page 2, line 38, at end insert—
“‘common parts’ has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;”.
This amendment is consequential on Amendment 4.
Amendment 6, in clause 1, page 3, line 7, after “(4)” insert “, (4A)”.
This amendment is consequential on Amendment 7.
Amendment 7, in clause 1, page 3, line 20, at end insert—
“(4A) Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.”
This amendment would ensure that the implied covenant as to fitness for human habitation will apply to a periodic or secure tenancy that comes into existence after the date on which the Bill comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that date.
Ms Buck
Since Second Reading, I am very pleased to say that, with the co-operation of the Minister and the help of officials, we have been able to bring forward a planned amendment to extend the provisions of the Bill to common parts, which I will briefly explain.
Where a dwelling is part of a larger building—a room, for example, in a home in multiple occupation, a flat in a purpose-built block or a house that has been converted into flats—amendment 4 would extend the implied covenant of fitness, so that the whole dwelling would be fit for habitation, including any part of the building in which the landlord has an estate or an interest. That would include, for example, the outside walls and roof of a block of flats, and the internal common parts where the landlord owns the block.
If the common parts are in such a state that they present a risk to the health or wellbeing of the occupiers of the dwelling, the landlord will be required to take remedial action, subject to any exceptions available under, for example, the main amendments that we have made to clause 1. Amendment 4 is necessary to give effect to the purpose of the Bill, because without it the implied covenant would be restricted to the extent only of the demised property—that is, the flats—and would not catch, for example, fire safety hazards in the common parts.
Amendment 3 would ensure that where a landlord requires the consent of a third party—such as a neighbour, a superior landlord, a mortgage company or a public authority, such as one responsible for giving listed building consent—to carry out the works required to remedy unfitness, the landlord would not be liable if they had made reasonable efforts to obtain that consent but it had not been given.
Bob Blackman (Harrow East) (Con)
This is an excellent Bill, which I think we all support strongly. One issue that has raised concerns is the definition of “fitness” and who decides whether a building is fit or not. Is it the individual who has the lease or is it the landlord? Who makes that decision? Is there agreement on that matter with the Government and the Minister?
Ms Buck
That matter has indeed been agreed with the Government and is included in the Bill. The Bill amends the fitness standards of the Landlord and Tenant Act 1985 and updates them to incorporate part of the Housing Act 2004, which is basically the housing health and safety rating system. It will therefore be a more comprehensive and updated list.
In some cases, the tenant would still require an assessment to be carried out by the local authority before taking legal action under the Bill. In that sense, this legislation is complementary to the work that local authorities already carry out. In some cases, the tenant will make private arrangements for that, and in some cases the unfitness will be so evident that the tenant will be able to take action themselves by gathering photographic and other evidence that will clearly imply that the property is unfit.
In incorporating the updated fitness standards, we have made sure that we have future-proofed them, because I am conscious that there is a debate about the housing health and safety rating system and the risk-based approach. I am sure that there will be an opportunity to look at that again and consider how it can best be revised. We want to ensure that the Bill can incorporate any changes of that nature in the future.
Heidi Allen (South Cambridgeshire) (Con)
The hon. Lady is very kindly clearing up a few items. I am just thinking back to when I owned a flat that was originally in a leasehold property—four flats in a big Victorian house. We collectively bought out the freehold together. Is she content that the wording is tight enough to cover situations where there are multiple parts of freehold owner within one building?
Ms Buck
The Bill relates to tenants, not leaseholders. It means that if a tenant is renting a property where there is more than one landlord, the provisions that I have just outlined will apply. The tenant will have recourse through their own landlord, but if the landlord is unable, after making reasonable efforts, to secure permission to make the changes required owing to other obligations, that constitutes an exemption under the legislation.
The wording of amendment 4 follows from the Landlord and Tenant Act 1985, which imposes an equivalent liability on the landlord for section 11 repair obligations. The fitness requirements are therefore very much consistent with the repair obligations that are already well established.
The definition of common parts is taken from the Landlord and Tenant Act 1987 and refers to
“any building or part of a building”
including
“the structure and exterior of that building or part and any common facilities within it”.
The same definition is used in respect of section 11 of the 1985 Act. In effect, the amendments secure consistency between the main statutory repairing rights.
Amendments 6 and 7 clarify that the implied covenant applies to any periodic or secure tenancy arising after the commencement date at the end of the fixed-term tenancy granted before the commencement date. That would include a secure tenancy after, for example, an introductory tenancy, an assured tenancy after a fixed-term starter tenancy, or a statutory periodic tenancy arising at the end of a fixed-term assured shorthold tenancy.
Amendment 4 is the most substantial amendment relating to common parts. We were unable to table it on Second Reading, but I am extremely grateful for the work that has been done by officials working with Justin Bates and Giles Peaker, who were the two lawyers who helped to draft the original legislation. Working on the Bill over the last few months to ensure that it, as a whole, is fit for our purpose and to table these amendments has been an incredibly productive experience for us all. I hope that all hon. Members will support the amendments and clause 1.
Mrs Wheeler
I, too, congratulate everyone on the Bill team and all the lawyers who have been working on this matter. This is a sensible amendment that the Government accept and are very happy to support.
John Healey (Wentworth and Dearne) (Lab)
It is a pleasure to serve under your chairmanship on a Bill Committee for the first time, Mr Wilson. In the spirit in which my hon. Friend the Member for Westminster North introduced the first group of amendments, perhaps I may deal with amendment 4 but also speak a little more widely. That may help you decide, Mr Wilson, whether we should have a clause stand part debate and how wide it should be.
I underline the Opposition’s continued strong support for the Bill. It sets out exactly the legal changes that Opposition Front Benchers tried to introduce two years ago into the Housing and Planning Bill. We were resisted at that time, which is why in January I warmly welcomed the Minister and the Conservative party’s change of approach. I also welcome the willingness of the Government to set up a second Committee to deal with the bottleneck that we had regarding private Members’ Bills that have reached this stage.
I pay tribute to the work that the Minister and her officials have done. They have not taken this private Member’s Bill and filleted it, as sometimes happens. On the contrary, on amendment 4 they have proved willing, as they suggested on Second Reading, to extend the basic provisions on the responsibility of landlords to make and keep fit for human habitation—not just to make repairs—to common parts as well. I strongly welcome that.
I, too, pay tribute to the advisers that my hon. Friend the Member for Westminster North has had in Giles Peaker and Justin Bates. They are among the finest housing lawyers in the country. The Committee and the House are very fortunate to have their unremunerated commitment and expertise behind the Bill.
Above all, I cannot let this opportunity go by without paying tribute to my hon. Friend the Member for Westminster North. This really is the Buck Bill. This is not a hand-out Bill from Government, or a Bill prepared by an outside organisation and thrust into the hands of a Member who has come out high in the private Member’s Bill ballot. My hon. Friend has worked for a long time to develop the content of, and the case for, the legislation. She has also worked for some time to build the coalition of support behind the measures, which includes the Residential Landlords Association and the National Landlords Association.
The Bill is a really important step forward. My hon. Friend has mentioned the scale of the desperately bad, indefensible housing that too many people, as tenants, have to put up with across the country. You will be familiar with that, Mr Wilson, from many cases in your own part of the north-east. The provisions in the Bill are long overdue.
Finally, I say gently to the Minister that I am so glad that the Government have shifted their view and accepted, in this small way, the need to regulate more strongly a market that the Prime Minister herself described as “broken”. I hope it will be a first step towards some of the other changes that are clearly necessary, such as longer tenancies, controls on rents and greater licensing of private landlords. Will the Minister give us an indication of when mandatory electrical safety checks will see the light of day, given that they are already part of legislation? They would be a great complement to the provisions that my hon. Friend the Member for Westminster North is leading on for us today.
Mrs Wheeler
I have nothing further to add, other than to say that we support the amendment.
Amendment 3 agreed to.
Amendments made: 4, in clause 1, page 2, line 28, at end insert—
“( ) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”
This amendment would extend the implied covenant as to fitness for human habitation in cases where the dwelling forms a part of a building to any of the building’s common parts in which the landlord has an estate or interest.
Amendment 5, in clause 1, page 2, line 38, at end insert—
“‘common parts’ has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;”.
This amendment is consequential on Amendment 4.
Amendment 6, in clause 1, page 3, line 7, after “(4)” insert “, (4A)”.
This amendment is consequential on Amendment 7.
Amendment 7, in clause 1, page 3, line 20, at end insert—
“(4A) Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.”
This amendment would ensure that the implied covenant as to fitness for human habitation will apply to a periodic or secure tenancy that comes into existence after the date on which the Bill comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that date.
Amendment 8, in clause 1, page 3, line 45, leave out
“and Liability for Housing Standards”.
This amendment is consequential on Amendment 15.
Amendment 9, in clause 1, page 4, line 2, at end insert—
“9C Application of section 9A to certain dwellings occupied by agricultural workers
(1) This section applies where under a contract of employment of a worker employed in agriculture—
(a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and
(b) the provisions of section 9A (implied term as to fitness for human habitation) are inapplicable by reason only of the dwelling not being let to the worker.
(2) There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.
(3) The provisions of section 9A apply accordingly—
(a) with the substitution of ‘employer’ and ‘employee’ for ‘lessor’ and ‘lessee’, and
(b) with such other modifications as may be necessary.
(4) This section does not affect—
(a) any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or
(b) any remedy for enforcing such an obligation.”
This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the new implied covenant, is consequential on Amendments 1 and 2.
Amendment 10, in clause 1, page 4, line 3, leave out subsection (3).
This amendment is consequential on Amendments 1 and 2.
Amendment 11, in clause 1, page 4, line 11, leave out sub-paragraph (i) and insert—
“(i) after ‘house’, in both places where it occurs, insert ‘or dwelling’;”.
This amendment is consequential on Amendments 1 and 2.
Amendment 12, in clause 1, page 4, line 15, before “any” insert
“in relation to a dwelling in England,”.
This amendment is consequential on Amendments 1 and 2.
Amendment 13, in clause 1, page 4, line 27, after “habitation” insert “of dwellings in England”.
This amendment is consequential on Amendments 1 and 2.
Amendment 14, in clause 1, page 4, line 27, at end insert—
“( ) In section 302 of the Housing Act 1985 (management and repair of houses acquired under section 300 or retained under section 301), in paragraph (c)—
(a) for ‘section 8’ substitute ‘sections 8 and 9A’, and
(b) for ‘does’ substitute ‘do’.”—(Ms Buck.)
This amendment is consequential on Amendments 1 and 2.
Question proposed, That the clause, as amended, stand part of the Bill.
Ms Buck
We have had a brief discussion of the amendments in the context of clause 1, so I do not wish to detain the Committee long. Clause 1 is the substance of this short Bill. We had a good debate on Second Reading in which virtually everyone on the Committee today participated.
I am very grateful to my right hon. Friend the Member for Wentworth and Dearne for his kind words. The Bill has caught the moment in terms of housing standards. Although there has been an improvement in the quality of the housing stock over decades, millions of people still remain in unfit housing, including many children. They are often the families and individuals who have the least choice in their housing. They are people with disabilities and long-term health problems, and people on very low incomes. Although a local authority has an important role to play in enforcing behaviour, it is essential that those people have a direct means of redress against the worst landlords.
As my right hon. Friend said, this is just one of many different measures that we would like to see brought forward; the Government have brought some forward and there are other measures we would like to see that would strengthen the role of tenants. We are conducting our business at the same time as the Grenfell inquiry into the worst residential fire in modern British history is going on, and we are reminded of the critical importance of listening to tenants’ concerns. The Bill is one of the ways in which we can reflect those concerns.
Mrs Wheeler
I am happy to support the clause.
Question put and agreed to.
Clause 1, as amended, accordingly ordered to stand part of the Bill.
Clause 2
Extent, commencement and short title
Amendment made: 15, in clause 2, page 4, line 32, leave out
“and Liability for Housing Standards”.—(Ms Buck.)
This amendment would change the short title of the Bill so as to leave out the reference to liability for housing standards (see the explanatory statement for Amendment 16).
Question proposed, That the clause, as amended, stand part of the Bill.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to serve under your chairmanship, Mr Wilson. I rise to add my congratulations and thanks to my hon. Friend, who has not only championed the Bill but, as the MP for Westminster North, has championed the rights of private tenants over a long period.
Caroline Lucas (Brighton, Pavilion) (Green)
It is a pleasure to serve under your chairpersonship, Mr Wilson. I warmly congratulate the hon. Member for Westminster North, and I echo what others have said about her hard work, much of it behind the scenes.
I simply want to add how extraordinary it is that landlords have no legal obligations to their tenants to put or keep the property in a condition fit for habitation. Like every member of the Committee, I have, over my eight years as the Member for Brighton, Pavilion, seen literally hundreds, if not thousands, of cases of people living in the most awful conditions. In my experience, it is the most disadvantaged people who live in the worst and most dangerous rented housing. I want to put on record my pleasure at the progress of the Bill. I look forward to seeing it reach the statute book very soon.
Finally, I echo the words of the right hon. Member for Wentworth and Dearne on the next challenge, which I agree is about controls on rent. I hope that one day we will get to that as well.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I pay tribute to my hon. Friend the Member for Westminster North for her dogged determination in introducing the Bill.
Some 43% of people in Plymouth, Sutton and Devonport, live in the private rented sector. We are one of the areas in the south-west with the highest concentration of people in the private rented sector, and there are still far too many examples of really poor standards. In particular, people have been really scared about complaining. I wonder whether my hon. Friend, or perhaps the Minister, could briefly explain what education and empowerment can accompany the Bill, once it passes into law—assuming, as I hope, that it will—to help people who are living in substandard accommodation but do not complain about it for fear of being evicted.
John Healey
We are debating clause 2 stand part. Clause 2(2), which I am glad to see survived the joint work with the Department, states:
“This Act comes into force at the end of the period of three months beginning with the day on which it is passed.”
The Minister and her team will be not only working on the content of the Bill, but planning and anticipating its implementation. When does she expect Royal Assent, and therefore the Act to come into force?
Bob Blackman
I echo the appreciation and thanks expressed to the hon. Member for Westminster North for introducing the Bill. She tabled an amendment to my private Member’s Bill that helped vulnerable people being offered accommodation by local authorities, to ensure that their homes were fit for habitation. That was a complementary move, and I strongly support today’s Bill.
I have a few questions for the Minister, which I will ask now rather than intervening when she rises to speak. My first question complements what the hon. Member for Plymouth, Sutton and Devonport said. One concern is that tenants who complain of the poor standard of the accommodation in which they live may be subject to retaliatory evictions. Clearly the Government must take action on that, or the teeth of the Bill will be irrelevant. Will the Minister ensure that the Government consider how to prevent retaliatory evictions? Will she also look at the issue of the guidance that the Department gives local authorities on enforcement? That is another key aspect of the Bill.
Thirdly, will the Minister look at the concerns that have been raised by a number of tenants’ groups and representatives of organisations that are looking at the degree of tolerance of homes that are unfit? I raised with the hon. Member for Westminster North the concern of who defines fitness. It is clear when a place is terribly bad, but electrical dangers can be unseen and the tenant may not have the knowledge to be aware of them. How is that to be determined? It is part and parcel of what we want to do to ensure that tenants are safe and clear.
While I am on my feet, I draw hon. Members’ attention to my entry in the Register of Members’ Financial Interests.
Clive Efford (Eltham) (Lab)
I do not want to detain the Committee for long, but I add my congratulations to my hon. Friend the Member for Westminster North. We have been in the House together for 21 years and she has never failed to battle on behalf of tenants, including and people vulnerable to being exploited by ruthless landlords. I want to put on record my respect for her dogged determination over so many years. In doing so, I echo the comments of other hon. Members on enforcement and the need to ensure that what is in the Bill is followed through.
Retaliatory evictions by ruthless landlords have been mentioned. That happened to a constituent of mine, which resulted in her being deemed by the local authority to have made herself intentionally homeless. That was a double whammy for that person. The local authority does not have the resources to investigate in depth to get to the bottom of why someone has been evicted.
If the words on the Bill’s pages are to have any meaning for some of the most vulnerable of our constituents, following through and making the resources available to enforce them is essential. I conclude by again congratulating my hon. Friend.
Siobhain McDonagh (Mitcham and Morden) (Lab)
For all those people who are cynical about MPs, the Bill stands out as a shining light. My hon. Friend the Member for Westminster North regards very seriously her role of doing casework and understanding the problems of her constituents in a built-up urban area where the demands for housing outstrip supply, and where landlords can behave as they choose.
We are all beginning to understand that our local authorities are either unable or unwilling to take action to resolve many of those problems. That is either because they do not have the finances to do so or because they are concerned that, if more private tenants are evicted by landlords, they have to take on the responsibility for rehousing them and are unable to do so.
This is a great Bill born out of a great place by a great campaigning MP, but our constituents and vulnerable tenants will be able to take action only if they have support. Once again, we will fall back on the great work of our local law centres and legal advice agencies, which are also experiencing great demand and difficulty. I would be grateful if the Government took on board what needs to be done to allow the words on the page to become reality and enable some of our most vulnerable constituents to take action against their landlords.
Mrs Wheeler
It seems appropriate to wrap up my comments here. It is great news that everybody on the Committee completely agrees with the Bill. In broader terms, everyone deserves a safe and decent place to live, regardless of tenure. The vast majority of landlords work hard to ensure that their tenants live in decent and properly maintained properties. The majority of tenants are satisfied with their home, but for a minority of tenants the picture is very different.
According to the English housing survey, the social rented sector contains about 250,000 properties out of 4 million-plus with at least one serious hazard. The situation is worse in the private rented sector, where approximately 800,000 properties contains at least one serious hazard. It is unacceptable that anyone should have to live in a property with serious hazards, and we are determined to ensure that all landlords either meet their obligations or are forced to leave the sector. Local authorities have strong and effective powers to require landlords to carry out improvement works, and we expect them to be used.
We recently introduced a range of additional powers through the Housing and Planning Act 2016. Those powers include the abilities to impose a civil penalty of up to £30,000 and to ban the most serious and prolific offenders, potentially for life. We know that many local authorities are already making good use of the powers. Torbay Council, for example, has used revenue from civil penalties to fund an extra enforcement officer for its housing team. There is more to do, however. That is why the Government strongly support the Bill, which will help drive up standards in rented homes and ensure tenants get a fair deal.
The Bill will not introduce new obligations on landlords. They can already be required by their local authority to rectify any serious hazards in their property. The Bill empowers tenants to hold their landlord to account in the courts, rather than having to rely on the local authority to take enforcement action on their behalf.
Andy Slaughter
Obviously, that is what the Bill is about. Does the Minister agree that the Government also have a role to play, either by ensuring that tenants have the resources to be able to enforce their rights, as several hon. Members have said, or by looking at how local authorities and others use the private rented sector? We have seen accommodation procured that is not fit for purpose, even with the Grenfell replacement accommodation. There has been outsourcing. In the time that I have been involved with this issue, we have gone from people in bad private rented accommodation waiting to go into council flats to people who would have expected to go into council flats effectively being put into the private rented sector in substandard accommodation. I hope the Government will also look at that as part of this exercise.
Mrs Wheeler
Indeed. Interestingly, when a tenant might take a landlord to court because of a hazard, we know that 75% of those hazards are visible, such as uneven floor surfaces, excess cold or damp and so on. Where a tenant has concerns, they should ask the local authority to inspect and determine what level of hazard it is. Bodies such as Citizens Advice and Shelter can also give advice on such matters.
Siobhain McDonagh
Is the Minister aware of how many London boroughs have capital funds to do works in default where such problems in the private rented sector are very high?
Mrs Wheeler
That is exactly why we have got the fines of up to £30,000 that can be levied. As I have explained, Torbay Council has been on the front foot. It has now employed another person because of the fines it has levied and received. I think that answers the hon. Lady’s question. Councils need to step up.
It was clear on Second Reading that there is wide cross-party support for the Bill and general agreement that we need to act now to require landlords to proactively ensure that their properties are free from hazards at the outset. Not to do so would be unfair on good landlords who are in the majority and who do keep their properties properly maintained. It would also mean that those tenants living in a property with serious hazards would be unable to hold their landlord to account.
It is important that tenants clearly understand their rights and know what to do if something goes wrong. Subject to the Bill successfully receiving Royal Assent—we hope it will be in spring 2019, to answer the question of the right hon. Member for Wentworth and Dearne—we will produce a short guidance document for tenants that will explain their rights under the legislation and how to represent themselves in court, should that prove necessary. The guidance will complement the “how to” series of guides produced by my Department, which have recently been revised and expanded. The revised versions will be published shortly. Tenants are already protected from retaliatory evictions where the local authority has confirmed that there is a legitimate complaint regarding a hazard.
The Bill sits very well with the range of initiatives that the Government have taken to improve conditions in the private rented sector. We have introduced fines of up to £30,000 for a range of housing offences. We also introduced legislation allowing tenants and local authorities to reclaim up to 12 months’ rent for offences such as failing to comply with an improvement notice or a prohibition order. We have also introduced banning orders, potentially for life, preventing the worst landlords from renting out property. We are not resting on our laurels, however; we know there is still much more to do to drive up standards. That is why we are legislating to ban letting agent fees for tenants, thereby reducing costs and improving affordability.
Ms Buck
I am not going to even acknowledge that.
I am grateful to the Minister for her positive comments, and I thank all Members who have made a contribution this morning. I thank my hon. Friends the Members for Hammersmith, for Eltham and for Plymouth, Sutton and Devonport, and the hon. Members for Harrow East and for Brighton, Pavilion.
I agree with everything that Opposition Members have said regarding the need for further support. I am concerned, even with the provisions in the Bill, that local authority finances are such that enforcement capacity is stretched. I have seen that myself through the work I have done on environmental health staffing. I do not think that the Bill in any way replaces the need for well-funded local authorities, or for the work that they do on enforcement and supporting tenants. It is a genuine problem. I also agree that there is a need for further investment in legal aid regarding housing, and for early advice. I am grateful to the Minister, who on Second Reading confirmed that legal aid would be available in cases of serious hazard under the Bill, as it is in cases of serious disrepair. However, that is clearly not enough; we know that more needs to be done.
In his short contribution, the hon. Member for Harrow East made a further reference to the issue of fitness. When I responded to him earlier, it was in the context of the definition of fitness, but ultimately—and this is the whole point of the Bill—it will be for the courts to decide on the issue of fitness, on the basis of the evidence that is brought forward. That is the purpose of the Bill, and although there is far more to be done and no one piece of legislation provides an answer to all problems, I believe that it will give tenants an important new power and right. As I have said on many occasions, the measure of success is not how often the new legal power is used, but whether landlords respond to its introduction and recognise that they cannot get away with appalling standards.
Opposition Members have referred to the vulnerability of tenants, particularly homeless tenants in temporary accommodation—one of the passions of my hon. Friend the Member for Mitcham and Morden, who has done so much work on that issue, and of my hon. Friend the Member for Hammersmith. In addition to giving tenants the rights and powers that the Bill provides and, indeed, the other measures that the Minister and the Government are bringing forward, we must recognise that ultimately, if tenants have no choice but to accept their current accommodation because they face restrictions—particularly restrictions on their capacity to afford to find somewhere else to live—they are more vulnerable, regardless of what the retaliatory eviction powers are and how they can draw upon those. Many people will put up with appalling conditions because they simply do not think that they are going to find another property that is suitable for them—for example, if they are working or if their children are in school. That wider context is way outside of the scope of the Bill, but it is a reality.
We have ranged slightly widely on clause 2, Mr Wilson—I am grateful for your tolerance—but we are drawing to a close. I very much thank the Bill team, and I thank Giles Peaker and Justin Bates, without whom none of this would have been possible. I commend clause 2 to the Committee.
Question put and agreed to.
Clause 2, as amended, accordingly ordered to stand part of the Bill.
Title
Amendment made: 16, in title, line 3, leave out from “habitation;” to “and” in line 5.—(Ms Buck.)
This amendment would remove the second of the objects mentioned in the long title in relation to amendments of the Building Act 1984 making provision about liability for works not complying with the Building Regulations. There are no such amendments in the Bill so this part of the long title is unnecessary. As a consequence it is proposed that the short title of the Bill changes so as to leave out the reference to liability for housing standards (see Amendment 15).
Bill, as amended, to be reported.