Social Housing (Regulation) Bill [Lords]
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 1st March 2023
(1 year, 9 months ago)
Commons ChamberSocial Housing (Regulation) Act 2023 View all Social Housing (Regulation) Act 2023 Debates Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 1 March 2023 - large print - (1 Mar 2023)
16:32 - The House divided: - Ayes: 179 / Noes: 273 - Question accordingly negatived.
16:46 - The House divided: - Ayes: 180 / Noes: 273 - Question accordingly negatived.
16:57 - The House divided: - Ayes: 180 / Noes: 276 - Question accordingly negatived.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Amendment (a) to new clause 1, after “Social housing leases:” insert “prescribing and”.
Amendment (b) to new clause 1, after “comply with all the prescribed requirements” insert
“under regulations made under this section and section 10B”.
Amendment (c) to new clause 1, after “regulations under subsection (3) insert “or section 10B”.
Amendment (d) to new clause 1, after “sections 68 and 72 of that Act).”, insert—
“(8) Any provision of a lease or of any agreement relating to a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports—
(a) to exclude or limit the obligations of the lessor under the covenant implied by section 10A(2), or
(b) to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of the lessee enforcing or relying upon those obligations.
(9) Where in any proceedings before a court it is alleged that a lessor is in breach of an obligation under the covenant implied by section 10A(2), the court may order specific performance of the obligation (regardless of any equitable rule restricting the scope of that remedy).
(10) 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.”
Amendment (e) to new clause 1, leave out line 50.
Amendment (f) to new clause 1, leave out lines 79 to 81.
These amendments seek to strengthen Gov NC1 by clarifying the relevant prescribed requirements at 10A(2), making clear the extent of their application, inserting non-avoidance and non-penalisation provisions and detailing where courts may order specific performance of certain obligations.
Government new clause 2—Power of housing ombudsman to issue guidance to scheme members.
Government new clause 3—Action after inspection.
Government new clause 4—Secretary of State’s duty to give direction about providing information to tenants.
New clause 5—Persons engaged in the management of social housing to have relevant professional qualifications—
‘After section 217 of the Housing and Regeneration Act 2008 (accreditation), insert—
“217A Professional qualifications and other requirements
(1) The Secretary of State may, by regulations, provide that a person may not engage in the management of social housing or in specified work in relation to the provision of social housing unless he or she—
(a) as appropriate professional qualifications, or
(b) satisfies specified requirements.
(2) Regulations specifying work for the purpose of subsection (1) may make provision by reference to—
(a) one or more specified activities, or
(b) the circumstances in which activities are carried out.
(3) Regulations made under this section may, in particular, require—
(a) the possession of a specified qualification or experience of a specified kind,
(b) participation in or completion of a specified programme or course of training, or
(c) compliance with a specified condition.
(4) Regulations may make provision for any of the following matters—
(a) the establishment and continuance of a regulatory body;
(b) the keeping of a register of qualified social housing practitioners;
(c) requirements relating to education and training before and after qualification;
(d) standards of conduct and performance;
(e) discipline and fitness to practise;
(f) removal or suspension from registration or the imposition of conditions on registration;
(g) investigation and enforcement by or on behalf of the regulatory body, and appeals against the decisions or actions of the regulatory body.”’
This new clause would require managers of social housing to have appropriate qualifications and expertise.
New clause 6—Application of Freedom of Information Act 2000 to registered providers—
‘Within six months of this Act receiving Royal Assent, the Secretary of State must by order designate registered providers of social housing as public authorities for the purposes of the Freedom of Information Act 2000.’
This new clause would bring registered providers of social housing within the scope of the Freedom of Information Act 2000.
New clause 7—Regulator duty to ensure continuity of secure and assured tenancy in cases of threat to safety—
‘(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) After section 92K insert—
“92KA A Duty to ensure continuity of secure and assured tenancy in cases of threat to safety
(1) Duty to ensure continuity of secure and assured tenancy in cases of threat to safety
(a) a registered provider of social housing has granted a secure tenancy or assured tenancy of a dwelling-house in England to a person (whether as the sole tenant or a joint tenant), and
(b) the registered provider is satisfied that there is a threat to the personal safety of that person or of a member of that person’s household which means there is a risk to their personal safety unless they move.
(2) When subsection (1) applies, the regulator must ensure that the registered provider grants the tenant a new secure tenancy which is—
(a) on terms at least equivalent to the existing tenancy; and
(b) a threat of targeted youth or gang violence.
(3) In this section, a “threat to personal safety” means any threat of violence, including in circumstances of—
(a) domestic abuse where the perpetrator does not live at the same address as the victim;
(b) an escalating neighbour dispute;
(c) a threat of targeted youth or gang violence.
(4) In assessing the threat under subsection (1)(b), the registered provider must act in accordance with any relevant police advice provided to—
(a) the registered provider,
(b) the tenant, or
(c) any member of the tenant’s household.
(5) In the event that a registered provider is unable to ensure the provision of an appropriate new secure tenancy pursuant to subsection (2), the regulator must ensure that the registered provider concerned co-operates with other registered providers to ensure an appropriate new secure tenancy is provided in a timely manner.”’
This new clause would require the regulator to ensure that tenants whose safety is threatened are granted alternative accommodation by their housing provider on equivalent terms to their existing tenancy. It also requires the regulator to ensure that a provider which is unable to provide appropriate alternative accommodation co-operates with other providers to do so.
New clause 8—Regulator duties relating to supported exempt and temporary accommodation—
‘(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) In section 192 (Overview), in paragraph (a), after “social housing” insert “, supported exempt accommodation and temporary accommodation”.
(3) In section 193 (Standards relating to consumer matters), in paragraph (a), after “social housing” insert “, supported exempt accommodation and temporary accommodation”.
(4) After section 195 (Code of practice) insert—
“195A Regulation of codes of guidance issued by the Secretary of State
The regulator shall have a duty to inspect local housing authorities as to their compliance with any code of guidance issued by the Secretary of State under section 182 of the Housing Act 1996”’.
This new clause would enable the regulator to set standards for the provision of supported and temporary accommodation, make the regulator responsible for enforcing any Code of Guidance issued by the Secretary of State relating to local authorities’ duty to provide temporary accommodation, and give the regulator the ability to inspect local authorities for compliance.
New clause 9—Review of impact of this Act—
‘(1) The Secretary of State must, within one year of the passing of this Act, carry out a review of the impact of this Act.
(2) A review under this section must make an assessment as to whether the Act has improved the safety and quality of social housing both in its own terms, and in comparison to the safety and quality of housing in the private rented sector.’
This new clause would require the Government to undertake a review of the impact of this Act.
Amendment 41, in clause 1, page 1, line 10, at end insert—
“(d) after paragraph (d) insert—
‘(da) to safeguard and promote the interests of persons who are or who may become homeless in relation to the provision of social housing.”’
This amendment would add to the regulator’s remit an additional objective of safeguarding and promoting the interests of persons who are or who may become homeless in the context of the provision of social housing.
Amendment 42, page 1, line 10, at end insert—
“(2) In section 92K of the Housing and Regeneration Act 2008 (fundamental objectives), after subsection (3) insert—
‘(3A) In undertaking its objective under subsection (2)(b) the regulator must report to the Secretary of State at least every three years on whether the provision of social housing in England and Wales is sufficient to meet reasonable demands, and must make recommendations to the Secretary of State on how to ensure that the provision of social housing is so sufficient.
(3B) The Secretary of State must lay before Parliament a copy of any reports prepared by virtue of subsection (3A).
(3C) In undertaking its objective under subsection (3)(a) the regulator must report to the Secretary of State on the progress of the removal of unsafe cladding and the remediation of other fire safety defects in social housing, and may make recommendations to the Secretary of State on further action required.”’
This amendment would include in the regulator’s objective a requirement to report to the Government on the removal of cladding. It would also require the regulator to report to the Government on the adequacy of the stock of social housing, and lay a copy of any such report before Parliament.
Amendment 37, in clause 2, page 1, line 18, at end insert—
“(2A) The Panel may provide information and advice to the Secretary of State about, or on matters connected with, the regulator’s functions and wider issues affecting the regulation of social housing (whether or not it is requested to do so by either the regulator or the Secretary of State).”
This amendment would enable the Panel to provide information and advice and to proactively raise issues affecting social housing regulation more generally directly to the Secretary of State.
Amendment 38, page 1, line 19, leave out “subsection (2)” and insert “subsections (2) and (2A)”.
This amendment is consequential on Amendment 37.
Amendment 36, page 2, line 17, at end insert—
“(8) The Panel must be chaired by a tenant of social housing.
(9) The Chair is responsible for setting Panel meeting agendas.
(10) The majority of persons appointed to the Panel must be tenants of social housing.”
This amendment would ensure that tenant representation on the advisory panel is mandatory and that tenants are able to influence effectively what information and advice is presented to the regulator in respect of issues affecting social housing regulation.
Government amendments 4 to 10.
Amendment 39, page 17, line 16, leave out clause 21.
Government amendments 44 to 47, 11 and 12.
Amendment 40, in clause 28, page 23, leave out lines 23 to 26 and insert—
“(a) the inspection of every registered provider within four years of the commencement of this Act,
(b) the inspection of every registered provider at intervals of no longer than four years thereafter, and”.
This amendment would ensure that the regulator is required to carry out regular inspections of every registered provider.
Amendment 43, in clause 30, page 28, line 39, leave out “24” and insert “48”.
This amendment is intended to probe why an authorised person must only give 24 hours’ notice to tenants under this section, whereas providers are given 48 hours’ notice.
Government amendments 13, 2, 15 to 34, 14, 35, 1 and 3.
Dehenna Davison
I am proud to be here today opening the Report stage of the Social Housing (Regulation) Bill. The Bill has been long awaited, but I hope we can all agree that the time we have taken to engage with tenants and stakeholders has helped us to ensure that the Bill is as robust as possible. I am grateful that Grenfell United, Shelter and others are able to join us today as the Bill reaches its Report stage. I must pay tribute to them for their steadfast campaigning on this crucial legislation. I am also grateful to Members from across the House for the incredibly constructive way in which they have approached this legislation. Thanks to the strength and breadth of engagement, we have tabled a number of amendments and new clauses to reinforce the Bill even further, and I will begin with new clause 1, on Awaab’s law.
Chris Clarkson (Heywood and Middleton) (Con)
As one of Rochdale borough’s two MPs, I thank the Minister’s Department for the speedy and sensitive way it has dealt with this, and I am sure that that would be echoed by the hon. Member for Rochdale (Tony Lloyd), who sadly cannot be here for this debate. Can I ask my hon. Friend to give an assurance that once this legislation is passed, social housing tenants can have confidence that the homes they are provided with are fit for habitation in a way that simply has not been the case up to now?
Dehenna Davison
I am grateful to my hon. Friend not just for his contribution today but for the way in which he engaged with us following this incredibly tragic case. This legislation is designed specifically to ensure that terrible cases like that faced not only by Awaab but by the Grenfell United community do not happen again, and that tenants have the protection and the respect they deserve from social housing providers.
I know I am not alone in saying that I was deeply shocked by the tragic death of Awaab Ishak. The death of a child is always heartbreaking, and its having been entirely preventable makes it even more devastating. My thoughts remain with Awaab’s family in the difficult time that they have been going through. This terrible case has thrown into sharp relief the need for this Government to continue steadfastly in their mission to drive up the quality of this country’s social housing and, crucially, to rebalance the relationship between tenants and landlords. Within the Government we are well aware that, unfortunately, damp and mould are not the only hazards that can pose a threat to social residents’ health. For example, excessive cold and falls caused by disrepair in homes are among the top five hazards found in homes in England.
That is why the Secretary of State has tabled the Government new clause for Awaab’s law, which not only addresses the concerns underpinning the Awaab’s law proposals but goes further by enabling the Government to introduce new requirements on landlords to act on a broader range of hazards. We will take a power for the Secretary of State to set out in secondary legislation requirements for landlords to rectify hazards or rehouse residents within a certain time. Our new clause will empower tenants to challenge their landlords for inaction. It inserts an implied covenant into tenancy agreements that landlords will comply with the requirements prescribed in regulations. This will empower landlords to deal with hazards such as damp and mould in a timely fashion, knowing that if they fail to do so they can face a legal challenge from residents.
It is crucial that any new measures to address the issues of damp, mould and other hazards putting residents’ health at risk are proportionate and evidence-based and deliver the right outcomes for social residents in the long term. That is why we intend to consult on these new requirements, including time limits, within six months of Royal Assent and to lay the secondary legislation as soon as possible thereafter.
We are also tabling new clause 4 and Government amendments 1 and 11 to 14, which will ensure that the Regulator of Social Housing sets standards for landlords and provides tenants with information about how to make complaints and about their rights as tenants. To demonstrate our commitment to this, we have included a duty for the Secretary of State to issue a direction to this effect within six months of the Bill receiving Royal Assent.
I turn now to the important matter of professional standards in the sector. Grenfell United has long campaigned for mandatory qualifications to be introduced in the sector to ensure that professional standards are consistently high across the sector and to bring social housing into line with other frontline services such as social work, teaching and health and social care. At the earlier stages of the Bill I made it clear that we had to proceed cautiously on mandatory qualifications, as there was an identified risk that requirements could lead to housing associations being reclassified by the Office for National Statistics to the public sector, which in turn would hamper their ability to invest in improving the quality of existing homes and in building new stock.
However, I have made it clear in this process that we are here to listen and take on board comments from stakeholders and Members from across the House. We took heed of the arguments made by Grenfell United and Shelter and by those who spoke so passionately in both Houses on this matter. The tragic death of Awaab Ishak also underlined how vital it is that we use every lever at our disposal to deliver the consistently high level of professional standards that tenants deserve. Since the Commons Committee stage, we have worked incredibly hard to find a solution. I am grateful to Grenfell United and Shelter for their ongoing work with us on this issue and to my right hon. Friend the Member for Maidenhead (Mrs May) and my noble Friend Baroness Sanderson. I am proud to stand here today having tabled Government amendments 44 to 47 to deliver qualification requirements to improve the experience of social housing tenants.
We agree with the Government that the regulator should retain a high degree of operational independence and flexibility in formulating and implementing the inspections plan now required by clause 28, but we believe the Government are making a mistake in refusing to mandate the two basic requirements that we have proposed: namely, an inspection for all landlords irrespective of size at least once every four years.
Dehenna Davison
I am grateful to my hon. Friend not only for his intervention but for the constructiveness and diligence with which he conducted himself in Committee, which we can all agree was done with the best of intentions to get the best for social housing tenants. He is right that we need to make sure the process is done correctly, which is why we will be working with the sector and key stakeholders to get this absolutely right, while committing to ensuring that professional qualifications are required for the executives and managers of social housing providers to make sure that tenants get the experience they deserve.
The qualification requirements will be delivered through the competence and conduct standards, for which we have already made provision in the Bill. The new provision will require housing managers and senior housing executives to have, or to be working towards, a housing management qualification at levels 4 and 5 respectively. Qualifications must be independently regulated by Ofqual or, in the case of senior housing executives, can be a foundation degree. Relevant staff who are not already qualified will have to enrol on and complete the appropriate qualification within a specified timescale, which will be set following consultation.
We are setting qualification requirements for housing managers and executives because they are responsible for, and are best placed to drive, the delivery of high-quality professional services through their management of frontline housing officers, repairs and maintenance staff and customer service staff; through the day-to-day decisions they make about the delivery of services to tenants; and, crucially, through their ability to drive culture and change across their organisations. It was imperative that we found a way to introduce requirements that will not increase the risk of reclassification. By tightly defining the roles in scope and the qualifications that will be required, and by enabling staff to gain qualifications in post, we have been able to achieve that.
Importantly, the new requirement for managers and senior executives will work in tandem with the competence and conduct standards, which already require that the standards will have a broad application, requiring landlords to take appropriate steps to ensure all their staff involved in the provision of housing management services, including housing officers and repairs and maintenance staff, have the skills, knowledge, experience and behaviours needed to deliver professional, high-quality services to tenants.
The combination of competence and conduct standards for all staff and qualification requirements for all housing managers and senior executives will drive change throughout organisations. Together, they will deliver the transformation of the sector’s culture, staff professionalism and service standards that we all want to see.
New clause 3 adds requirements relating to the production and publication of an inspector’s report following the completion of an inspection. Currently, following the completion of an inspection carried out under section 201 of the Housing and Regeneration Act 2008, the inspector is required to produce a report and the regulator is required to share that report with the registered provider. The new clause provides that, instead, the inspector must produce a summary of findings, as well as a report, on any matters specified by the regulator. The regulator will then be required to share the summary and any report with the provider, and it may also publish all or part of these documents.
Crucially, new clause 3 gives the regulator the flexibility to decide, on a case-by-case basis, whether a full inspector’s report is necessary or whether a shorter summary of the inspector’s findings is sufficient. The changes also allow the regulator to specify matters for the inspector to report on, allowing it to use its expertise and understanding of a provider’s risks to determine the nature of inspections that should be carried out. The regulator continues to develop its approach to inspections and will work closely with the sector in this process.
New clause 2 and Government amendments 2 and 3 will give the ombudsman explicit statutory power to issue and publish guidance on good practice, alongside the power to order landlords to complete a self-assessment if the ombudsman has received a relevant complaint about the landlord. We believe these amendments are necessary in the light of the recent tragic case of Awaab Ishak. The housing ombudsman can play an important role in raising awareness of the key issues it sees within the complaints it receives, such as on damp and mould. This power will enable the ombudsman, following a complaint, to challenge social landlords to consider and improve their service to residents by ordering them to complete a self-assessment against the good practice guidance. This provides greater weight to the good practice guidance and should prevent further issues from arising. It will also mean that a great number of issues should be resolved at an earlier stage.
Government amendments 4 to 10 and 15 to 34 concern housing moratorium procedures, as set out in the 2008 Act, and restrictions on insolvency procedures imposed by the Housing and Planning Act 2016. The powers of the Regulator of Social Housing in the event of a provider experiencing financial difficulty offer important protections for the social housing sector and protect social housing tenants by helping to ensure they can remain in their home. The housing moratorium provides time for the regulator to work with a provider and secured creditors to produce the best outcome in such a scenario.
It is essential that the legislation works as effectively as possible, and that we use this opportunity to make some technical changes that will help to ensure this. Amendment 4 will ensure there is no gap between the occurrence of an insolvency-related event and the beginning of a moratorium so that a provider cannot dispose of land. Amendments 6 and 8 make it clear that the regulator can both extend the moratorium and impose a further moratorium where it has made inquiries but has been unable to locate any secured creditors of the registered provider.
Amendment 9 relates to the process by which proposals about the future management of a registered provider made during a moratorium are put in place. It clarifies how the process works in a scenario where the regulator is unable to locate any secured creditors to agree the proposals. Not every registered provider will have secured creditors and, as such, the amendments will ensure that legislation continues to work effectively and that processes are clear in those cases.
Amendments 15 to 34 concern the giving of notices. They contain provisions on the signature and content of notices, and they provide powers for the regulator to deal with notices that have not been validly signed. Amendment 35 is a technical amendment relating to data protection, and it introduces a provision that clarifies the relationship between data protection legislation and part 2 of the 2008 Act.
I hope hon. Members see the importance of all the Government amendments before the House today and will support them, because I firmly believe they will make the Bill even stronger to deliver the high standards that we are all looking for in social housing and that we know all tenants deserve.
Mike Amesbury
As always, I have the utmost respect for the Chair of the Select Committee, and I look forward to the Minister’s reply on that powerful and informed point.
We are in a social housing crisis. Tenants deserve so much better—the very best public housing that this country could provide. That is where we should be going, whether the Government of today or a Labour Government in the not-too-distant future. Tenants deserve so much better. We should not hold back when it comes to the safety, health and wellbeing of tenants and residents. We must make the most of the Bill and act collectively with key stakeholders so that we do not have a repetition of the disasters of the not-too-distant past, such as the 72 people who lost their lives in the Grenfell tragedy and the most recent tragic death of Awaab, which has been referred to across this Chamber—my heart goes out to his family.
Everyone should feel safe in their home. It should be a place of sanctuary, not anxiety and worry. Let us not waste this opportunity as the Bill goes through its passage in the House. Let us be bold. Let us work together in this place.
Dehenna Davison
With the leave of the House, I will try to address the concerns raised by Members across the House. First, I thank hon. Members with all sincerity for their thoughtful and considered debate, not just today but throughout the passage of the Bill. We have dealt with things in a constructive manner, ultimately to try to strengthen the Bill to its fullest extent and provide the maximum protection for social housing residents.
I will seek to answer as many questions as I can, starting with Awaab’s law. I am grateful to the hon. Member for Salford and Eccles (Rebecca Long Bailey), my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), and the hon. Member for Rochdale (Tony Lloyd), who is not here today, for their constructive engagement following the devastating case of Awaab, which touched them and many of us in this House incredibly personally.
I thank the hon. Member for Greenwich and Woolwich (Matthew Pennycook) for amendments (a) to (f) to Government new clause 1 relating to Awaab’s law. However, we are clear that our current proposals already sufficiently achieve what the hon. Member is seeking to do. Prescribed requirements are already defined in new clause 1 and therefore do not need to be defined in the alternative way proposed. Moreover, new clause 1 already gives us the power to make provision ensuring that social housing providers’ duty to meet requirements cannot be overridden or circumvented by the terms of the lease. We also think it important to be able to make provision enabling the landlord to inspect the property to ascertain whether there are any hazards present, provided reasonable notice is given if it is to be under an obligation to rectify prescribed hazards.
As I have made clear, we will consult on Awaab’s law within six months of the Bill achieving Royal Assent. The consultation will inform the detail of the regulations that the Secretary of State will set for Awaab’s law, including timescales and details on the prescribed hazards themselves. I hope that will reassure the hon. Member for Salford and Eccles, who raised concerns on that point. I reiterate the importance of setting requirements that deliver the best outcomes for residents, while being achievable, proportionate and evidence-based. I assure the House that with new clause 1, landlords will have no choice but to comply with new regulations and to take action to ensure homes are free of hazards that pose health risks to their residents. I therefore hope the hon. Member for Greenwich and Woolwich will withdraw his amendment.
On professionalisation, on which many Members expressed their concerns and passion, I am incredibly grateful for the broad support across the House for our amendment. I believe our approach is the right way to drive up professional standards in the sector, but we will of course carry out further engagement with the sector, including landlords, tenants and professional bodies, as we develop our approach to implementation. I hope that will reassure my hon. Friend the Member for Harrow East (Bob Blackman), who is no longer in his place but who raised that point earlier.
New clause 6, tabled by the hon. Member for Greenwich and Woolwich, seeks to extend the Freedom of Information Act 2000 to registered providers of social housing. I am grateful to him, and to the hon. Members for Hammersmith (Andy Slaughter) and for Salford and Eccles for raising their concerns. I think we can all agree that increasing transparency in the sector is hugely important, but I do not believe that new clause 6 is necessary or advisable at this stage. Development of the access to information scheme, one of the Government’s commitments in the social housing White Paper, is already well under way. Through the scheme, private registered providers will have similar obligations as they would under the Freedom of Information Act. The tenants of providers, and their representatives, will be able to request information from their landlords in much the same way. I am also concerned—I am sorry to raise this point on another issue—that extending FOI to registered providers would increase the level of Government control exercised over the sector and may lead to the Office for National Statistics reclassifying housing associations. That is something we are incredibly concerned about.
On new clause 7, relating to Georgia’s law, I want to put on the record my thanks to the hon. Member for Dulwich and West Norwood (Helen Hayes) for campaigning on this matter and for raising the really sad case of Georgia and her family. I am grateful to her for engaging with me in a really constructive fashion as we sought to find a middle road that the Government could accept in line with the new clause she is proposing. Unfortunately, we are unable to support it today, and I will explain why that is the case. I note the hon. Lady’s additions to bring assured tenancies within the scope of her new clause, but I reiterate my concern, raised in Committee, about the new clause itself—if not its intent, which I think we can all agree is incredibly admirable. I remain concerned that binding housing providers with policies that remove flexibility to choose who they give tenancies to is not the right course of action. Those decisions are devolved for good reason.
Helen Hayes
Does the Minister accept the facts of the situation, which are as follows: the tenants who would benefit from this provision remain social housing tenants for the first six months that they are in temporary accommodation? We really are not talking about a shifting of priority among people who are on the housing waiting list; we are talking about rehousing existing tenants. The home that they vacate would then become available much more quickly precisely for those people who are genuinely on the housing waiting list.
Dehenna Davison
The hon. Lady raises a really strong point. As I outlined, our concern is about removing flexibility from social housing providers. Every social housing provider and every area faces very different challenges. We want to ensure that they have the maximum flexibility to deal with those challenges. That is why, unfortunately, we cannot support new clause 7, but I thank her again for campaigning on this issue.
New clause 8 was tabled by the hon. Member for Mitcham and Morden (Siobhain McDonagh), and I am grateful to her for meeting me to discuss her proposal further following Committee. I know how passionate she is about this issue, and her expertise has certainly brought a great deal to my knowledge and understanding of some of the problems faced by residents of temporary accommodation. She is right to say that we must drive up standards for all tenants, but what concerns me, as it did in Committee, is that this measure would be outside the scope of the Bill. We will certainly explore it with her to make sure that we drive up standards in temporary accommodation as well, but this Bill deals specifically with social housing, and we want to keep it tight to ensure that it achieves its desired aims.
Amendments 36, 37 and 38 deal with the advisory panel that will advise the regulator on a wide range of matters relating to social housing. As I said in Committee, I do want to see tenants at the heart of the changes we are delivering through the Bill—I am firmly committed to that—but I do not necessarily think the amendments are the best way to achieve that. The purpose of the advisory panel is to provide independent and unbiased advice to the regulator. I believe the separate resident panel that we have established is better placed to share views directly with the Government and Ministers. Its members have been asked to tell us what they think about our approach to improving the quality of social housing, and whether our interventions will deliver the changes that they want to see. We think that our approach is the right one.
A number of Members spoke about inspections, including the hon. Member for Weaver Vale (Mike Amesbury) and the shadow Minister, the hon. Member for Greenwich and Woolwich. The introduction of regular consumer inspections will be a key part of the proactive consumer regulation regime. It will strengthen the regulator’s oversight of the sector, ensuring that he or she can identify issues early and take effective action when necessary. The system that we propose will be based on a robust risk profile, ensuring that when landlords are at the greatest risk of failure, or when such failure would have the greatest impact on tenants, they are subject to greater oversight. As the shadow Minister knows, we have already amended the Bill to require the regulator to publish, and take reasonable steps to implement, a plan for regular inspections. When developing the plan, the regulator will engage closely with the sector, including tenants, and it is right that we do not pre-empt that process.
Let me turn briefly to amendment 41, tabled by the hon. Member for North Shropshire (Helen Morgan). The Government are absolutely committed to preventing homelessness. Significant work has already been done to address this important issue, including the publication of the Government’s bold new strategy “Ending rough sleeping for good”. We are investing £2 billion in measures to deal with homelessness and rough sleeping over the next three years, and our work in this area is already making an impact. Since the introduction of the Homelessness Reduction Act 2017, more than half a million households have been helped to move into secure accommodation. I cannot accept the amendment, as I believe that the existing legislation can achieve the outcome that the hon. Lady is seeking.
Mr Betts
In an earlier intervention I mentioned the Select Committee’s report and the fact that we are still waiting for a Government response, several months later. One of the issues that arose was the need to address problems such as damp and mould in properties. Some housing associations and councils will need to regenerate whole estates substantially and probably rebuild them, but in doing so they will be hit by Homes England’s “no net additionality” rule. Homes England cannot fund any scheme that replaces poor homes with good ones if more homes are not provided. Will the Minister agree to look into that? It can be an obstacle to many important ways of addressing these problems.
Dehenna Davison
I am grateful to the hon. Gentleman for raising this issue, and for bringing his intense expertise to the debate. I will certainly do that, and I will chase up the response to the Select Committee’s report as well.
My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) also brought considerable expertise to the debate, and I thank him for his support for the Bill. He asked about unscrupulous providers seeking loopholes. I hope I can reassure him by saying that we have deliberately designed the Bill to tighten the existing economic regulatory regime in order to prevent new types of provider from taking advantage of possible loopholes in the system and to ensure that we are future-proofing it against such issues.
I would like to thank hon. Members across the House who have spoken here today and particularly those who have been involved in the earlier stages of the Bill. Cross-party, this shows that we are all committed to driving up standards in social housing and to empowering tenants to ensure that we never again see an incident like the tragedies of Grenfell and Awaab Ishak. Together we have strengthened the Bill substantially, and with our amendments today will do so even further.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Power of housing ombudsman to issue guidance to scheme members
“(1) The Housing Act 1996 is amended as follows.
(2) In the italic heading before section 51, for ‘complaints’ substitute ‘ombudsman’.
(3) After section 51 insert—
‘51ZA Power of housing ombudsman to issue guidance to scheme members
(1) This section applies where a scheme is approved by the Secretary of State under Schedule 2.
(2) The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.
(3) Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—
(a) the Regulator of Social Housing,
(b) members of the scheme, and
(c) individuals who may make complaints under the scheme.
(4) If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.
(5) Subsection (7) applies if—
(a) an individual makes a complaint against a member of the scheme,
(b) the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and
(c) it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.
(6) The conditions referred to in subsection (5)(b) are that—
(a) the complaint is made to the member of the scheme,
(b) the complaint is one that the individual could subsequently make under the scheme, and
(c) the individual has notified the ombudsman about the complaint.
(7) The housing ombudsman may order the member of the scheme to—
(a) assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and
(b) within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.
(8) If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.
(9) If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—
(a) take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and
(b) recover from the member the costs of doing so.
(10) In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.’”—(Dehenna Davison.)
This new clause confers a power on a housing ombudsman to issue to scheme members guidance as to good practice in the carrying on of housing activities. The new clause also provides that in certain circumstances where a complaint is made against a scheme member the housing ombudsman may order the scheme member to assess whether its policies and practices in relation to a matter to which the complaint relates are consistent with the guidance.
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Action after inspection
“(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) In section 202 (inspections: supplemental), omit subsections (1) to (3).
(3) In section 203(12) (definition of ‘inspector’), after ‘this section’ insert ‘and section 203A’.
(4) After section 203 insert—
‘203A Action after inspection
(1) After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—
(a) a written summary of the inspector’s findings, and
(b) a written report about any matters specified by the regulator.
(2) The summary and any report must be in the form specified by the regulator.
(3) The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.
(4) The regulator must give the registered provider a copy of the summary of the inspector’s findings.
(5) The regulator must also give the registered provider—
(a) a copy of the inspector’s report, or
(b) a notice confirming that no matters were specified for the purposes of subsection (1)(b).
(6) The regulator may publish—
(a) all or part of the summary of the inspector’s findings,
(b) (where relevant) all or part of the inspector’s report, and
(c) related information.’”—(Dehenna Davison.)
This new clause replaces and changes provision about what the inspector and the regulator must do after an inspection. It enables the regulator to determine whether the inspector must produce a report (rather than just a summary of findings) and, if so, what matters the report must cover.
Brought up, read the First and Second time, and added to the Bill.
New Clause 4
Secretary of State’s duty to give direction about providing information to tenants
“(1) The Secretary of State must give a direction to the Regulator of Social Housing under section 197(2A) of the Housing and Regeneration Act 2008 about setting a standard under section 194B of that Act (standards relating to information and transparency) for the purpose of securing that registered providers of social housing are required to provide their tenants of low cost rental accommodation with information about—
(a) their tenants’ rights in connection with the low cost rental accommodation and with facilities or services provided in connection with that accommodation, and
(b) how their tenants can make a complaint against them.
(2) The Secretary of State must give the direction before the end of the period of six months beginning with the day on which this Act is passed.
(3) In this section—
‘low cost rental accommodation’ means accommodation which—
(a) is low cost rental accommodation (as defined in section 69 of the Housing and Regeneration Act 2008) provided by a registered provider of social housing, and
(b) is not low cost home ownership accommodation (as defined in section 70 of that Act);
‘tenant’, in relation to low cost rental accommodation, includes other occupiers.”—(Dehenna Davison.)
This new clause requires the Secretary of State, within 6 months of Royal Assent, to give a direction to the regulator for the purpose of securing that registered providers of social housing are required to provide their tenants of low cost rental accommodation with information about the tenants’ rights and about making complaints against their landlord.
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
Regulator duty to ensure continuity of secure and assured tenancy in cases of threat to safety
‘(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) After section 92K insert—
“92KA A Duty to ensure continuity of secure and assured tenancy in cases of threat to safety
(1) Duty to ensure continuity of secure and assured tenancy in cases of threat to safety
(a) a registered provider of social housing has granted a secure tenancy or assured tenancy of a dwelling-house in England to a person (whether as the sole tenant or a joint tenant), and
(b) the registered provider is satisfied that there is a threat to the personal safety of that person or of a member of that person’s household which means there is a risk to their personal safety unless they move.
(2) When subsection (1) applies, the regulator must ensure that the registered provider grants the tenant a new secure tenancy which is—
(a) on terms at least equivalent to the existing tenancy; and
(b) a threat of targeted youth or gang violence.
(3) In this section, a “threat to personal safety” means any threat of violence, including in circumstances of—
(a) domestic abuse where the perpetrator does not live at the same address as the victim;
(b) an escalating neighbour dispute;
(c) a threat of targeted youth or gang violence.
(4) In assessing the threat under subsection (1)(b), the registered provider must act in accordance with any relevant police advice provided to—
(a) the registered provider,
(b) the tenant, or
(c) any member of the tenant’s household.
(5) In the event that a registered provider is unable to ensure the provision of an appropriate new secure tenancy pursuant to subsection (2), the regulator must ensure that the registered provider concerned co-operates with other registered providers to ensure an appropriate new secure tenancy is provided in a timely manner.”’—(Helen Hayes.)
This new clause would require the regulator to ensure that tenants whose safety is threatened are granted alternative accommodation by their housing provider on equivalent terms to their existing tenancy. It also requires the regulator to ensure that a provider which is unable to provide appropriate alternative accommodation co-operates with other providers to do so.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Dehenna Davison
I beg to move, That the Bill be now read the Third time.
I thank the Department’s Bill team, its policy and legal officials, and my amazing private office team, who have worked hard to deliver this legislation through both Houses. I also thank the House authorities, parliamentary staff, Clerks, Doorkeepers and hon. Members on both sides of the House who have participated in the debate today and at previous stages.
In particular, I sincerely thank the hon. Member for Greenwich and Woolwich (Matthew Pennycook) for his time and his thoughtful contributions. Although we have disagreed about one or two aspects on the path to Third Reading, I hope that he will agree that the Bill delivers welcome change for millions of residents across the country by strengthening the powers of the regulator and empowering social housing tenants to hold their landlord to account.
The Bill is integral to this Government’s ongoing commitment to learning lessons from the Grenfell Tower fire and ensuring that such an appalling tragedy never happens again. I remain incredibly grateful for all the contributions from the community throughout, as well as their ongoing engagement with the Department. Specifically, I know that Grenfell United has long campaigned for mandatory qualifications to be introduced to the sector, bringing it in line with other sectors that provide frontline services. We have been listening, including to those in both Houses who spoke so passionately on the matter, and have been working hard to find a solution. I am very proud to stand before the House today having amended the Bill to deliver that critical change in the sector in order to benefit the experience of tenants.
At this point, it would be remiss of me to not acknowledge the coroner’s report that shone a light on the heartbreaking case of two-year-old Awaab Ishak in Rochdale. Words alone cannot help his family to hear from such an unimaginable and inexcusably preventable loss, but I hope they can find some degree of comfort in the amendment to the Bill made in his name, which will make clear to landlords that hazards such as damp and mould have absolutely no place in their tenants’ homes. We must do more to ensure that people are safe in their own home, and that starts with landlords providing high-quality accommodation and a high-quality service to all of their tenants. I sincerely hope that the residents and families of Grenfell, including Grenfell United, as well as the Ishak family can look on this Bill as part of their own legacy of delivering real change in the social housing sector for the people living in that sector, because they really need it.
I commend the Bill to the House.