19:00 - The House divided: - Ayes: 104 / Noes: 424 - Question accordingly negatived.
The Secretary of State for Housing, Communities and Local Government (Angela Rayner)
I beg to move, That the Bill be now read a Second time.
I hope the entire House will agree that everyone should live in a decent, safe and affordable home. Everyone should, but not everyone can. That is why, as Housing Secretary, I have put decency at the heart of my plans for housing, and taken steps to ensure that all homes are warm and safe. Nowhere is that more needed than in the private rented sector, which plays an undeniably critical role in our housing system.
I want to be clear from the outset that this Government recognise the important role of landlords, most of whom provide good-quality homes for their tenants. But this is a sector in serious need of reform. Millions of people live in fear of section 21 no-fault evictions that could uproot them from their homes and communities, and they are forced to live in homes that are riddled with damp and mould, too scared to complain in case they end up being evicted and homelessness, and knowing that another potential tenant will be desperate enough to move in.
Mr Luke Charters (York Outer) (Lab)
During the general election campaign—a stressful time indeed— I was served with a section 21 notice. Thankfully, my family supported me, but such support is not available to everyone. Does my right hon. Friend agree that ending no-fault evictions will give British families the peace and stability that they desperately need?
Angela Rayner
I thank my hon. Friend for giving us the benefit of his personal experience—an experience that is suffered by far too many families. Hundreds of thousands of young families are in temporary accommodation, in many cases because of section 21. In 2019 the ending of this scandalous practice was included in the previous Government’s manifesto, but we are still waiting. It has taken us just four months to bring the Bill to the House, because we felt that the need for it is critical. Too many young people are priced out of leaving home, unable to move to the big city where they could start their careers because of sky-high rents, and that too must change—I know that many hon. Members agree.
The Conservatives promised to pass a renters reform Bill in their 2019 manifesto, but, in a desperate attempt to placate their Back Benchers, they caved in to vested interests, leaving tenants at the continued mercy of unfair section 21 eviction notices. They dithered, delayed and made excuse after excuse for their inaction. What has been the human cost of that failure? Since 2019, when the Conservatives first promised action, more than 100,000 households have faced a no-fault eviction, with 26,000 facing eviction last year alone. Too many families facing homelessness; too many families priced out of a safe and secure home; and too many families stuck in cold, rotting, damp homes—that is the inheritance that we need to fix.
Dawn Butler (Brent East) (Lab)
I thank my right hon. Friend for pursuing renters’ rights in this way. Does she agree with the Mayor of London that we should consider setting caps for rent increases?
Angela Rayner
I will set out later in my speech what we are doing to ensure that renters get a fair deal.
This is why we have moved so speedily in getting this Bill to its Second Reading. We will not take another four years, which is why we have done it in less than four months. I must give credit where it is due, because many parts of the Bill build on the good work of my predecessor in the Department. However, let me be clear that this is a fundamentally different Bill; it goes above and beyond the last Government’s Bill in several critical ways. This is not just a renters reform Bill; it is a Renters’ Rights Bill, a plan to ensure that all private tenants can aspire to a decent, affordable and safe home.
Sir Desmond Swayne (New Forest West) (Con)
Changing tenants involves significant expense for both tenant and landlord—my interests can be found in the Register of Members’ Financial Interests—and the ability of a tenant to end a tenancy after two months presents a significant risk to the landlord, particularly in the student rental market, where re-letting a property within the academic year can present a considerable difficulty. Will the Secretary of State at least consider amendments in Committee to address that issue?
Angela Rayner
I say to the right hon. Gentleman, whose interventions are normally more pithy, that the Bill accommodates the unique circumstances of students. I hope he can see that we are trying to strike a balance. I am sure that his entry in the Register of Members’ Financial Interests proves that he is one of those landlords I would like to commend for being decent landlords. We want to ensure that the standard that I am sure he gives to his tenants is applied across the whole country.
Many right hon. and hon. Members will have heard heartbreaking stories from constituents who have been forced to leave their homes with little or no justification. This Government will remove the threat of arbitrary evictions by finally bringing to an end no-fault evictions. Unlike the previous Government, who put in place last-minute caveats, we will abolish no-fault evictions for new and existing tenancies at the same time, to give all tenants the same security immediately.
Jake Richards (Rother Valley) (Lab)
In Maltby in my constituency, the campaign group Big Power for Little London has been campaigning to end no-fault evictions for years, because the community have suffered as a result of rogue landlords. I am very grateful to the Housing Minister, who is sitting next to the Secretary of State, for agreeing to meet the group later this year. Does my right hon. Friend agree that this Bill will be welcomed by the thousands of campaigners across the country who have fought so long for this important change?
Angela Rayner
I absolutely agree with my hon. Friend. I, too, pay tribute to the Housing Minister for the work that he did in opposition and in getting us here today.
In saying that we need to end the cruel practice of no-fault evictions, I recognise the huge pressures on the court system as a whole, which have been caused by years of Tory failure and neglect. To support the changes, we will digitise the county court possession process, working closely with colleagues in the Ministry of Justice to create a modern, efficient service for our courts. We will also take steps to ensure that, wherever possible, disputes will be resolved at an early stage, and the new private rented sector landlord ombudsman service that the Bill introduces will play a vital supportive role.
Shaun Davies (Telford) (Lab)
I welcome the Deputy Prime Minister to her place. Does she agree that no-fault evictions are bad not only for tenants but for local councils, which across the country spend billions of pounds on temporary accommodation? It causes havoc for children and the education system, as young people have to go from one school to another.
Angela Rayner
I absolutely agree with my hon. friend, and I pay tribute to him for the work that he did in local government before coming to this place. He will know about the direct impact of this issue, as will many Members of this House. It is not just about having a home; no-fault evictions have an effect on children, and on a person’s life, job, income and everything else that they want to do. That is why it is so important that, whereas the previous Government made no progress in four years, we are now at this stage of the Bill after four months and we intend to continue at speed.
Andrew George (St Ives) (LD)
I warmly welcome the Bill. It is right that we should regulate to avoid bad practice in the sector, but does the Secretary of State agree that measures should be available to enable, and indeed incentivise, good practice? Given that the previous Government gave millions of pounds to holiday homeowners in various tax incentives to encourage that sector, surely there must be methods by which the Government can incentivise good practice. Otherwise, the Bill might become counterproductive.
Angela Rayner
I thank the hon. Member for his comment. I hope that he recognises from my opening remarks that good landlords have nothing to fear from this Bill, and we will help them. The new database will help landlords to understand and meet their legal duties, and we will provide clear guidance. I will talk more about how that database will work.
Part 1 of the Bill will introduce a new, modern tenancy system that removes fixed-term tenancies, meaning that tenants can stay in their home until they decide to end the tenancy, and they will only need to give two months’ notice. This will end the injustice for tenants who want or need to leave at short notice but cannot, and allow both landlords and tenants the flexibility to respond to changes in their circumstances.
I want to make it clear that our Bill ensures that landlords will still be able to reclaim their properties when they legitimately need to, through clear and robust possession grounds. We have also considered the unique situation of student accommodation and specialist sectors such as stepping-stone accommodation, for which the Bill also includes a possession ground. In most cases, tenants will have four months’ notice, so that there is time to find a new home, and landlords will have to wait a year from the beginning of a tenancy before they can use the “moving in and selling” grounds for eviction. This honours our commitment to level the playing field decisively for renters, which goes further than the last Government’s ambitions. Of course, landlords will still be able to quickly evict tenants who engage in antisocial behaviour and make other people’s lives a misery, to protect the strong communities that we want to see flourishing around the country.
The Bill will also empower tenants to challenge unfair rent increases that are designed to drive them out. It will prevent tenants from being bound by rent review clauses, putting them in a stronger position to challenge unreasonable rent hikes at tribunal.
Jeremy Corbyn (Islington North) (Ind)
I welcome most of what is in this Bill. A third of my constituents live in the private rented sector. The last time I looked, there were hardly any available properties to rent in my constituency that were within the local housing allowance. The level of rent is astronomical, unaffordable and driving working-class communities out of inner-city areas. Does the Secretary of State not agree that the Bill needs to go further and bring in rent controls, so that housing is available for all people?
Angela Rayner
I understand the right hon. Gentleman’s point, but I disagree on how to resolve the issue. Rent controls restrict housing supply, which does not help anyone, but our Bill takes practical measures to help renters by empowering tenants to tackle unreasonable rent hikes and prohibiting unfair rental bidding, and we will continue to assess potential action on sky-high rents. Hopefully, we are taking measures that will help his constituents and others across the country.
Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
Could my right hon. Friend clarify whether, under the Bill, landlords and letting agents will be prevented from requiring individuals who do not have all the correct supporting information to pay excessive deposits, which prohibit people from getting secure properties for their families?
Angela Rayner
My hon. Friend makes a really important point about deposits and paying rent in advance. This Bill will protect tenants from requests for large amounts of rent in advance, but we are in listening mode. We will keep this issue under review during the passage of the Bill, and we will take the necessary action. We think that we have done enough on that, but we are open to interventions, if people feel that they would help.
Unlike in the previous Government’s Bill, the tribunal will not be able to increase rent above what was originally proposed by the landlord. In cases of undue hardship, we will give the tribunal the power to defer rent increases by up to two months, thereby finally ending the injustice of economic evictions.
However, that is not all we will do to tackle unfair rent costs. We remain committed to ending rental bidding wars, which all too often price hard-working families out of a home. Landlords and letting agents will be required to publish an asking rent for their property, and will not be allowed to ask for, encourage or accept a higher offer. We are delivering real change for working people.
Andrew Griffith (Arundel and South Downs) (Con)
The challenges faced by tenants in the private sector are very real, but is the right hon. Lady familiar with the law of unintended consequences? What have she and her officials learned from the study of the application of similar rules in Scotland, which have made the plight of renters worse, not better?
Angela Rayner
I do not accept that from the hon. Member. We have had scare stories about this before. As I have said, the majority of landlords are doing the right thing. The Bill is about fairness for landlords and tenants, and I think it strikes the right balance. I am acutely aware of the law of unintended consequences. In fairness, the previous Government were batting around these ideas for years, after promising in their manifesto to tackle the issues, but they let down the people who are in these situations, who deserved better from their Government. This Government will do better than the previous Government.
As I set out at the start of my speech, tackling the blight of poor-quality homes is a priority of mine and of this Government. That is why part 3 of the Bill will apply a decent homes standard to the sector for the first time, requiring privately rented homes to be safe, secure and free from hazards.
Ben Coleman (Chelsea and Fulham) (Lab)
My right hon. Friend will be aware that the Darzi report last month highlighted the severe problem of damp and mould, particularly in the private sector, and the bitter impact of that, notably on children’s health. Over a third of my constituents in Chelsea and Fulham live in privately rented homes, and in Fulham the council has had to chase landlords 74 times in the past year alone to address damp and mould. It is tremendous that the Government are tackling this, and I know that my constituents will be delighted. May I ask her to ensure that councils are resourced sufficiently to exercise the stronger investigatory and enforcement powers that the Bill provides?
Angela Rayner
We are extending ring-fenced extra resources to councils, because we recognise the need to do that. I want to pick up on my hon. Friend’s comment on children’s health. This Bill will also make good on our promise to extend Awaab’s law to the private sector. When I met Awaab’s family recently, I made a commitment to putting safety first, and it is an honour to pay tribute to Awaab’s legacy, and to his parents’ resolute campaigning for meaningful change for the many thousands of families living in unfit homes. I hope that no family ever has to endure what that family had to.
Paul Waugh (Rochdale) (Lab/Co-op)
It was an utter tragedy and a source of national shame that the two-year-old toddler Awaab Ishak died of a respiratory disease caused by extensive mould in his family’s flat. I am delighted that this protection will be offered in the private rented sector. Will my right hon. Friend make sure that the private rented sector upholds its obligations to all its tenants in future?
Angela Rayner
Absolutely; I thank my hon. Friend for that comment. That has been at the forefront of our minds, and not just in our work on this Bill. Hon. Members will recall that it is only a few weeks since we had the report on phase 2 of the Grenfell inquiry, so when we talk about providing housing, it is at the forefront of my mind that houses have to be safe for people. It is absolutely scandalous that here in Britain at the moment we cannot guarantee that, and I will do everything I can as Secretary of State to fix that problem.
Talking about families more widely, we will also end the abhorrent practice of denying a family a home purely because they receive benefits or have children, by making it illegal for landlords and letting agents to discriminate against tenants on that basis. This Bill is about social justice and fairness for all.
Ms Stella Creasy (Walthamstow) (Lab/Co-op)
I thank my right hon. Friend on behalf of the many families in Walthamstow who have been in exactly that position. One of the things that drives my constituents mad is having to move repeatedly because of rent increases that they cannot afford, because it means that their good credit rating stops and starts, which makes it harder for them to get on the housing ladder. What more can we do to tackle this discrimination against tenants and give them a chance of owning a home in the future, by tackling this basic issue of credit ratings, perhaps with a good credit passport?
Angela Rayner
This is a wider issue to do with the poverty trap that so many people face this country. I am also proud to plug the employment Bill that will be coming forward this week. It is another incredibly important part of this Government’s agenda; the Prime Minister mentioned it earlier today. We want to make sure that the working people of this country feel better off, and are able to get on and do the things in life that we should expect anyone to be able to do—things that we were able to do as a result of the toils of the generations before us.
I want to talk database. Part 2 of the Bill will introduce a new online private rented sector database, to the benefit of landlords and tenants alike. Landlords will need to provide key information about the properties they let out, including around property standards and compliance with the law, helping tenants to understand more about the property and the landlord who they are looking to rent from.
Mr Joshua Reynolds (Maidenhead) (LD)
Energy efficiency is really important in the rented housing sector, so does the Secretary of State agree that it is important that the Bill ensures that landlords upgrade their rented properties to an energy performance certificate grade C or above by 2028?
Angela Rayner
I agree that we should be moving towards doing everything we possibly can to be efficient, and there will be consultations on that issue. One of the things that shocked me in bringing this Bill forward was that the standards are so low for some; we need to really ramp them up. The bottom line for me in bringing this Bill forward is that people should have safe, secure homes that are free from hazards. We can then build on that. We are doing much more as a Government on our ambitions to do that, working with landlords.
The database, alongside greater guidance and support from the Government, will also help landlords to understand and meet their legal duties. Good landlords should be supported and helped. In addition, the database will provide local authorities with the information that they need in their enforcement activities to drive out rogue landlords. In this Bill, I have also taken steps to support local government in its crucial role in keeping tenants safe and rooting out bad actors from the sector. That is why, as well as setting up the database, the Bill will give local authorities stronger powers to root out and punish the small number of landlords who deliberately flout the law, and will increase the maximum civil penalties, so that we punish offenders and further support local authorities.
Ben Obese-Jecty (Huntingdon) (Con)
Where I previously lived, there was a huge number of illegal houses in multiple occupation. Those residents are potentially not protected by this legislation. In giving local authorities more enforcement powers against rogue landlords, how exactly will we define a rogue landlord, and protect people who will potentially be off the radar?
Angela Rayner
There are separate rules for HMOs, but we are also extending ringfenced civil penalties to support councils more, because we need to make sure that there is enforcement. A database will be important when we are looking at what we face, and also in making sure that we can take action. The problem is not every landlord. Most landlords act in a reasonable way, but we need to make sure that action is taken against those who do not.
We recognise the important role that tenants play in holding their landlords to account, and we want to incentivise them to do so. That is why we have significantly strengthened rent repayment orders. To empower tenants to take direct action against unscrupulous landlords, the Bill will add new rent payment order offences, double the maximum penalty for offences, and ensure that offenders will more often pay the maximum penalty. When landlords break the rules, tenants must have recourse to action.
Finally, I want to mention pets. It is a shame the Speaker is not here, because this was my bit for him! Our reforms are aimed squarely at improving the lives of people and families, but I trust that right hon. and hon. Members will agree that pets are not just animals but family. That is why this Bill will make it easier for tenants to request the ability to have a pet in their home. It will also allow landlords to require insurance covering pet damage, so that everyone is covered and no one is left unfairly out of pocket.
Dr Neil Hudson (Epping Forest) (Con)
It is important that this legislation balances the rights of both tenants and landlords. We all know the benefits of pet ownership to our physical and mental health, and indeed to the animals. I very much welcome the fact that clauses 10 and 11 will allow pet ownership in tenancies, but can the Secretary of State reassure the House that those clauses will allow responsible pet owners to ask to keep pets in their property while ensuring that landlords are insured in case of property damage caused inadvertently, or perhaps advertently, by pets?
Angela Rayner
The hon. Gentleman is absolutely right that there is a balance to be struck. We are ensuring that landlords are protected with insurance. It is about reasonableness—so long as it is not an antisocial parrot that speaks all night, I am sure everyone will agree that this is a good thing.
The Bill will finally address the insecurity and injustice that far too many renters experience. We value the contribution made by responsible landlords who provide quality homes to their tenants, but there is no place for unscrupulous landlords who tarnish the reputation of the entire sector by seeking to exploit or discriminate against tenants.
This Government were elected with a mandate to deliver change, and this Bill is the first of many with which we will honour our promise to the people. After the last Government failed to legislate for renters’ rights in five years, we have introduced this Bill within our first 100 days in office. This will change the lives of millions of people, so for them, and for future generations, I commend this Bill to the House.
Madam Deputy Speaker (Judith Cummins)
I call the shadow Secretary of State.
Mrs Kemi Badenoch (North West Essex) (Con)
It is a privilege to open for the Opposition on Second Reading of the Renters’ Rights Bill in this momentous week. As the Secretary of State mentioned, Labour reaches 100 days in office this week, for which it is to be congratulated, as not everyone gets to 100 days—Sue Gray didn’t. [Hon. Members: “Liz Truss didn’t!”] Neither did Sue Gray. The point is that not everyone gets to 100 days, so we congratulate the Government. So far, the only real actions we have seen are the noisy infighting and chaos that resulted in the hurried reset we saw over the weekend—oh dear. This Renters’ Rights Bill will only add to the chaos.
The first time the Secretary of State and I faced each other across the Dispatch Box, I warned her that she is being stitched up by the Prime Minister and the Chancellor. I also told her that we are here to help, and we are, especially as it has been a particularly rough time to be a woman in the Labour party. It is not just the sacking of Sue Gray—she is soon to be awarded what Winston Churchill called a “disapeerage”—as the hon. Member for Canterbury (Rosie Duffield) has taken the brave decision to leave the Labour party. I have followed the hon. Lady’s career in this place closely and, although we do not agree on everything, she is very brave.
Dawn Butler
On a point of order, Madam Deputy Speaker. This is Second Reading of the Renters’ Rights Bill, and the shadow Secretary of State is all over the place.
Madam Deputy Speaker
I am sure the shadow Secretary of State will come back to that subject.
Mrs Badenoch
I am still on that subject, Madam Deputy Speaker.
As I was saying, the hon. Member for Canterbury took the brave decision to leave the Labour party. I have followed her career in this place closely and, although we do not agree on everything, she is very brave. Perhaps the Secretary of State will feel nervous as she introduces the Bill, because I know that her Department is already breaking promises of its own. It promised a new national planning policy framework within 100 days, yet there is no new framework. There is just a consultation, as I predicted during our last debate on this subject.
To be fair, the Department has finally produced this Renters’ Rights Bill, after copying and pasting quite a lot of our Bill, but it is still not ready. The truth is that it cannot fix the rental market by tying it in knots with further interventions and directives. The simple truth is that this Bill will not work and the proposals will fail.
We know the Bill will fail because this approach has been tried in Scotland by those great experts in failure, the Scottish National party. Research by Indigo House, the housing expert, has found that none of the Scottish legislation since 2017 has protected the majority of private residential tenants against excessive rent increases or high advertised market rents. It has discovered that tenants have found it more difficult to find a home, and that there is a particularly negative impact on those in greatest need, including homeless households and those with less economic power, such as those claiming welfare benefits.
Andrew Griffith
My right hon. Friend is making a powerful speech on an important subject. Is she familiar with this week’s report from Scotland’s Housing Network revealing that 16% of landlords are reducing their supply, and fully 12% are considering leaving the sector over precisely this sort of attempt to over-regulate what would otherwise be a free market?
Mrs Badenoch
I have not seen that specific report, but I have seen others that indicate that this is happening. We have to be careful. I appreciate that the Government want to make renting more secure and affordable, and we want to do that too, but this Bill will have the opposite effect, as we have seen in Scotland. As this Government will find out over the course of this Parliament, they cannot buck the market.
Rachel Blake (Cities of London and Westminster) (Lab/Co-op)
Does the Secretary of State recall why the previous Government failed to introduce such measures, as they intended?
Mrs Badenoch
Yes, I do recall. The reason why our Bill did not get through is that we recognised its flaws. That is what I mean when I say that I worry about the Secretary of State, because the bright young things in Downing Street who have sent her out with this Bill do not care if it fails. They will take the credit today, but she will get the blame tomorrow, and tenants will get bad regulation, shortages and higher prices, as we have seen in Scotland. Those higher prices will be paid by tenants, especially young people and the less well off.
Shaun Davies
Is it not the case that, as the country will see from the right hon. Lady’s speech, tenants in the private rented sector will fear the return of the Conservative party, in the same way as mums who rely on maternity pay?
Mrs Badenoch
That question is nonsense. My point is that tenants will not be able to find properties to rent in the first place. From that intervention, it seems that Labour still does not understand these concepts.
We worry that the higher prices will be paid by tenants, especially young people and the less well off. Demand is rising in England, but availability is not keeping up. Forty-seven per cent. of landlords have either attempted to sell a property in 2023 or are thinking of doing so, with the biggest reason being to their fear of new laws.
Markus Campbell-Savours (Penrith and Solway) (Lab)
Penrith and Solway contains the Lake District national park and other tourist areas. Does the right hon. Lady recognise that the previous Government’s failure to introduce their promised reforms to section 21 has led to many private landlords moving from the private rented sector into the holiday let market? Her reasoned amendment says the Bill will
“reduce the supply of housing”—
Mrs Badenoch
Private landlords react to legislation, which is why we say that such legislation will reduce housing in the private rented sector. Fifty-six per cent. of landlords cited our Renters (Reform) Bill as a factor in their decision to sell. We already recognise those flaws, and such a reduction in supply is bad for both tenants and landlords. We are losing homes in the private rented sector.
Nesil Caliskan (Barking) (Lab)
Does the right hon. Lady recognise that the reduction in supply over the past few years is primarily down to the increase in interest rates, which has driven landlords out of the sector? A sector that is fundamentally broken requires the Government to take action to provide security for those who need a home for themselves and their children.
Mrs Badenoch
Of course we want people to have security in homes, but to do that we need to increase supply. We did what we could when we were in government, and we will help this Government to deliver. The fact of the matter is that this legislation is not going to help. We would love it if it did—we tried to make it work and we could not—but it would have a negative effect.
Landlords provide a vital service. The private rented sector is essential for those who cannot yet afford a mortgage, for young people and for those who need to move for work. Landlords selling and giving up homes for rent for mortgages do not help many of the people who need to rent. The overwhelming majority of landlords are responsible—I am glad the Secretary of State acknowledged that—and law abiding, and they see their property as a sustainable long-term investment.
The Government claim the Bill will reform the rental market. We do not believe it will—it will break it. Respect for property rights is not just an abstract principle. It underpins confidence in our economy and legal system. If the Government do not protect property rights, investment is damaged. If investment is damaged, growth is hit. It is painfully clear to anyone who understands markets that the Bill will act as a powerful disincentive for anyone to rent out their property. Most tenants do not have friends and family to rent from and, unlike Members of the Labour party, they do not have millionaire donors to put them up, so they will suffer most when supply goes down and rents go up.
Luke Murphy (Basingstoke) (Lab)
If it was so patently obvious and it was such a fundamental principle of property rights, why did everyone on the Conservative Benches, including the right hon. Lady, stand on a manifesto committed to reform? Is it not the truth that rather than thinking such legislation would not work, the previous Government simply failed to deliver it, in common with many other things?
Mrs Badenoch
There is a big difference between having a headline in a manifesto and seeing the detail, as many Members on the Government Benches will soon find out. Earlier on, their Prime Minister could not answer the question about whether the Government will increase taxes. Campaigning is easy, but governing is hard.
Mrs Badenoch
We will find out soon enough.
Perhaps Members on the Government Benches are oblivious to these costs and dynamic effects—listening to their interventions, it appears so. I note that no impact assessment for the Bill is available, an omission that has rightly drawn criticism from the Regulatory Policy Committee. Will the Secretary of State tell us whether an impact assessment has been undertaken? If it exists, where is it? If it does not exist, why did the Government not ask for one? I hope this is not how the Labour Government mean to go on.
When I was in government, I provided impact assessments on all sorts of complex legislation. I know that is difficult and can create arguments, but I also know there is a lot more badly thought out and costly regulation where this came from, and we on the Opposition Benches are worried. I know Members on the Government Benches will want to point to the last Government’s Renters (Reform) Bill—I have heard their interventions—but the fact is, that Bill was flawed. I am quite happy to say that, but at least it recognised the practical effect of its provisions and would not have come into full effect until the courts were ready.
The then Levelling Up, Housing and Communities Committee warned in 2023 that the equivalent provisions in the Renters (Reform) Bill created
“a real risk that the current systems will be overwhelmed, and there will be a logjam with lengthy delays.”
This Government are pressing ahead with measures that will cause gridlock in our justice system, and pit landlords and tenants against each other in protracted litigation.
Ben Coleman
It is absolutely extraordinary to hear strong opposition to every part of the Bill from the right hon. Lady, or am I mistaken? Is she opposed to the parts of the Bill that will protect children from getting breathing problems and ending up being hospitalised? Is she against the protections the Bill introduces so that people can finally live in decent accommodation? If she does not oppose those things, why is she so relentlessly negative and—forgive me, as a new Member—so relentlessly patronising?
Mrs Badenoch
I do not mean to be patronising, but it is quite difficult when there are very clear issues that have a precedent in Scotland. The question is not why I am being patronising; the question is why the Government are ignoring what has happened when these proposals have been tried in another part of the UK. That is a serious problem. All of us here want the best for children and to see tenants do well. It is very wrong of the hon. Gentleman to ascribe negative motivations when we are pointing out problems with legislation. We on the Opposition Benches are doing our job. We do not think the Bill will work.
Mike Martin (Tunbridge Wells) (LD)
On that point, will the right hon. Lady give way?
Mrs Badenoch
I would like to make some progress.
The Government are pressing ahead with measures that will cause gridlock in the justice system, which will create even more problems for tenants. The people the Government are trying to help will not be able to get a home in the first place—none of us want to see that. We have to do better.
Dame Siobhain McDonagh (Mitcham and Morden) (Lab)
On that point, will the right hon. Lady give way?
Mrs Badenoch
I will give way first to the hon. Member for Tunbridge Wells (Mike Martin).
Mike Martin
I thank the right hon. Lady for giving way. Some 25% of Conservative MPs are landlords. Does that have any bearing on the Conservative party’s position on the Bill?
Mrs Badenoch
We need to focus on the contents of the Bill. If anyone has an issue with landlords in this House, it is Labour Members—I notice the hon. Member for Ilford South (Jas Athwal) ran away before the discussion about the Bill started. They should look at themselves, and the hon. Member for Tunbridge Wells had better check his fellow Members before asking that sort of question.
As I was saying, when the problems of protracted litigation in the courts are combined with the new, extended and highly convoluted notice requirements for recovering a property where the tenant has not paid the rent, a landlord whose tenant is in arrears will face many months of uncertainty and cost. Let me summarise in two words why the Bill will fail: unintended consequences. That is what we get when we start with policy rather than first principles.
Dame Siobhain McDonagh
Does the right hon. Lady think that there is already gridlock in the county courts? As of today, a landlord who secures a possession order will wait 12 weeks to get a bailiff’s warrant. Our courts are gridlocked right now.
Mrs Badenoch
That is an excellent point—we should not make the problem worse.
We should start with first principles not policy, but there are no first principles here that will help the Bill get through. We want to help the Bill become legislation to deliver for tenants and landlords. However, as I have heard from the comments that have been made, this seems to be about the left being seen to be tough on landlords and passing legislation with the right sounding title, rather than delivering real improvement to people’s lives.
I heard the Secretary of State teasing my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), but it is hypocritical to criticise those of us in the House who declare our interests—we on the Conservative Benches do that well—when a Labour MP was disgraced in the press for letting out unsanitary homes with mould. The Government should look at why they have Members who are behaving that way.
We want a housing market that works for everyone—landlords, tenants and those who want to own their home. By attacking those who rent out homes, they will damage investment in new homes. They will push landlords out of the market and drive up rents. That is bad for everyone. By piling on excessive regulation, they will push good landlords out and empower those bad landlords who simply ignore the rules. We need to look at enforcement of the rules we already have.
We all agree that renters need a better deal, but this Bill is not going to work. It is not what renters need—we found that out and we want to help deliver a good Bill. If the Government want to help renters, they should drive up housing supply: so far, no sign of that. If the Government want to help renters, they need to reduce immigration: so far, no sign of that. Some 80% of recent migrants have moved into the private rental sector, creating a demand the sector cannot cope with. If the Government want to help renters, they need to enforce existing rules against the bad landlords that do not look after their tenants, rather than create new rules that will make the problem worse.
This legislation is typical of Labour in government. We have tabled a reasoned amendment because the Bill fails to fix the major issues and adds yet more rules and regulations to keep the bureaucrats busy, rather than finding solutions to help those tenants who desperately need them.
Madam Deputy Speaker (Judith Cummins)
I call the Chair of the Housing, Communities and Local Government Committee.
The Minister for Housing and Planning (Matthew Pennycook)
It is a real pleasure to close this Second Reading debate, and I thank all hon. and right hon. Members who participated in it. Members from all parts of the House have spoken with passion and clarity, and there has been a large number of outstanding contributions. I pay particular tribute to the six Members who made their maiden speeches this afternoon, including my five hon. Friends on the Government Benches. The quality was uniformly high, and I wish each of them well in their parliamentary career.
I am encouraged by the broad support expressed today for the main principles of the Bill. The current system for private renting is broken, and renters have been demanding change for years. That is why, as my right hon. Friend the Deputy Prime Minister made clear in opening the debate, the case for fundamentally reforming England’s insecure and unjust private rented sector, and taking decisive action to drive up standards in it, is as watertight as they come. The experience of renting privately must be improved. It already would have been, to an extent, had the previous Government not buckled under pressure from vested interests in the dying months of the last Parliament.
This Labour Government will succeed where the Conservative Government failed by finally modernising regulation of the sector. In contrast to the previous Government’s attempt, we will do so in a way that truly delivers for renters, as well as for good landlords, by addressing the numerous defects, deficiencies, omissions and, most importantly, fatal loopholes that the previous Government’s legislation contained.
Chris Vince
Does the Minister agree that this legislation will help not only the many people in the private rented sector, but charities, such as the one I worked for in Harlow, which helps people who are homeless to get into the private rented sector? Would he also agree that this legislation could have come much sooner?
Matthew Pennycook
My hon. Friend is absolutely right. We think that the legislation will take the burden off advice charities. The database provisions will ensure that tenants and landlords have access to information, and know better what is required from them under the new system. It is absolutely right that we move at pace to get the legislation through the House.
During the many hours we have debated the Bill, an extremely wide range of issues have been raised, and I will seek to respond to as many as possible in the time available to me. First, I want to address the reasoned amendment tabled by the Opposition. My opposite number, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), struck a constructive tone, but when the shadow Secretary of State, the right hon. Member for North West Essex (Mrs Badenoch), made the case for the reasoned amendment, we were treated to a bizarre spectacle; she chid us for copying and pasting many of the sensible provisions in the previous Government’s Bill, but then told us that those provisions would have “added to the chaos”. The problem is that she supported that legislation at every stage. She voted for its Second Reading; she supported it through Committee; and she voted for the carry-over motion to see it progress. She voted for it on Report and Third Reading, and took it into wash-up. She now asks us to accept that she believed it was flawed all along. Well, party leadership election contests can do funny things. She may not have confidence in her manifesto—which, let me remind her, stated that the Government at that time were committed to passing renters reform along the lines of their previous legislation—but we have confidence in ours and we are determined to deliver it.
Matthew Pennycook
No. The right hon. Member has had her time.
We strongly refute the central contention in the reasoned amendment that the Bill fails to provide security and affordability for private renters or to respect the property rights of landlords and that it
“will reduce the supply of housing in the private rented sector”.
The Bill strikes the right balance between the interests of landlords and tenants. While we acknowledge that it will take time for the sector, including build to rent providers, to adjust to a significant change in regulation, we do not believe that this legislation will have a harmful impact on future rental supply—which, by the way, we are taking steps to boost, not least by providing more opportunities for investment in a growing build to rent sector. The reasoned amendment is weak and disingenuous. I urge colleagues to vote it down when we arrive in the Lobby in a few minutes.
Let me turn to a set of specific issues referred to in the reasoned amendment and raised by a number of hon. Members in the debate: namely, tenancy reform, fixed-term tenancies and court improvements. The move to a new single system of periodic tenancies is at the heart of the Bill. The introduction of the new tenancy regime will see the end of fixed-term tenancies and the long-overdue abolition of section 21 no-fault evictions. As a result, tenants will enjoy greater stability and security, and landlords will benefit from clear and expanded possession grounds to evict tenants in circumstances where that is justified and reasonable.
To avoid confusion and to ensure that renters on existing tenancies do not have to wait even longer for the threat of arbitrary evictions to be lifted, we intend to apply the new system to all tenancies in a single stage. We will appoint the commencement date by regulations at an appropriate interval after Royal Assent. Our intention is to give the sector as much notice as possible.
A number of hon. Members mentioned fixed-term tenancies. I want to be clear that it is the Government’s firm view that there is no place for fixed terms in the future assured tenancy system. Fixed terms mean that renters are obliged to pay rent regardless of whether a property is up to standard, and they reduce renters’ flexibility to move when they need to. It is right that the Bill ensures that all tenancies will be periodic in future, ending the injustice of tenants being trapped paying rent for substandard properties.
Good landlords have nothing to fear from this change, either. Tenants simply do not move houses unless it is absolutely necessary. When they do leave, they will be required to provide two months’ notice, giving landlords sufficient time to find new tenants. Nor will the PRS become an Airbnb-lite, as some have suggested. Tenants will still have to pay up to five weeks’ deposit, complete referencing checks and commit for at least two months. Locking tenants in for longer with fixed-term tenancies would mean people being unable to leave dangerous situations and being trapped in situations, for example, of domestic abuse. We are not prepared to accept that.
Ensuring that the Courts and Tribunals Service is prepared for the implementation of the new system is essential. I take on board the challenge that many hon. Members, including Opposition Front Benchers, put to us in that regard. In considering the potential impact of the Bill on the county courts, it is however important to bear in mind that most tenancies end without court action being needed. It would also plainly be wrong to assume that all evictions that presently occur following a section 21 notice will in future require court proceedings under section 8 grounds.
One of the main effects of the Bill will be to reduce the number of arbitrary evictions that take place. That said, we recognise that landlords need a reliable and efficient county court system to ensure that they can quickly reclaim their properties when appropriate, and that we need a well-functioning tribunal process to resolve disputes in a timely manner. We agree that improvements to the courts and tribunals are needed to ensure that the new system functions effectively. As my right hon. Friend the Deputy Prime Minister said at the outset of the debate, we are working closely with colleagues in the Ministry of Justice to ensure that they are made, and exploring options for improved alternative dispute resolution so that only cases that need a judgment come to court.
Matthew Pennycook
I will bring forward further detail as the Bill progresses, but those conversations with Ministry of Justice colleagues are ongoing, and they are constructive. We want to get to a place where the system is ready to take the new tenancy provisions forward. We will not act precipitously, and what we are not prepared to do—this is the most important point on courts—is make the necessary and long-overdue transformation of the private rented sector contingent on an unspecified degree of future court improvements subjectively determined by Ministers, as the last Government proposed in their Bill. We are determined to move quickly to give renters the long-term security, rights and protections they deserve.
A number of hon. Members raised the issue of standards, and many shared horrific stories of tenants trapped in substandard properties. It is essential, in the Government’s view, that we take decisive action to tackle the blight of poor-quality, privately rented housing and to ensure landlords are required to take swift action to respond to serious hazards.
Gareth Snell
The Minister is giving an excellent speech. Landlords in Stoke-on-Trent have told me that they welcome any move that drives the rogue landlords out of the system. That is because rogue landlords undercut the market and prey on the vulnerable and those locked into low-income jobs by offering relatively low-rent accommodation, safe in the knowledge that if they complain or seek any form of improvement, they are simply out, to be replaced by somebody else who is desperate. While my hon. Friend is talking about improvements to the landlord system, will he say more about how good landlords welcome the Bill?
Matthew Pennycook
My hon. Friend is right. We have engaged constructively and intensively with tenant representative groups and with landlord bodies. Most of them will say that what he describes is part of the problem, because they represent the better end of the market, and that good landlords welcome the new system because it forcefully targets the unscrupulous landlords, mainly at the bottom end of the market, who bring the whole sector into disrepute. That is one reason why the characterisation of this Bill as overly pro-tenant and harmful to, and unwelcomed by, landlords is misplaced. Good landlords should welcome this legislation.
I welcome the support expressed on both sides of the House for the provisions that will see a decent homes standard applied to the private rented sector and Awaab’s law extended to it. It is important that we get the detail right, and I assure the House that we intend to consult on the content of the decent homes standard for both social and privately rented homes, and on how Awaab’s law will apply to the latter, given the obvious differences between the private and social rented sectors.
I want to respond briefly to a question posed by the Liberal Democrat spokesman, the hon. Member for Taunton and Wellington (Mr Amos). I thank him for his kind remarks about me in his speech. The approach we are taking in this Bill to applying and enforcing the decent homes standard to the private rented sector is not, in our view, suitable for the unique and distinct nature of Ministry of Defence accommodation, but I hope he will welcome the fact that the MOD is reviewing its target standards so that we can drive up the quality of that accommodation separately from the Bill.
A large number of hon. Members raised concerns about affordability, and several argued forcefully for rent controls to be incorporated in the Bill. While we recognise the risks posed to tenants by extortionate within-tenancy rent rises, we remain opposed to the introduction of rent controls. We believe they could make life more difficult for private renters, both in incentivising landlords to increase rents routinely up to a cap where they might otherwise not have done, and in pushing many landlords out of the market, thereby making it even harder for renters to find a home they can afford. However, we are introducing a range of measures in the early part of the Bill that will empower renters to challenge unreasonable rent increases and prevent rent hikes from being used as a form of back-door eviction.
Measures in the Bill will prevent unscrupulous landlords from using rent increases in this fashion. All rent increases from private landlords will take place via the existing section 13 process, so the tenant can challenge them if necessary. That will protect landlords’ rights to achieve market rent while preventing abuse. We will also give tenants longer to prepare for rent increases, and allow only one rent increase per year. For too long—this is reflected in the low numbers of tenants going to tribunal —tenants have feared challenging a rent increase at the first-tier tribunal. We will end this situation by ensuring, by contrast to the previous Government’s legislation, that a tenant will not pay more than the landlord asked for in circumstances where a tribunal might determine otherwise.
We are going further: we will end the practice of backdating rent increases, to stop tenants being thrust into debt if they take a case to tribunal. That would have acted as a powerful disincentive for tenants to take such cases to tribunal. Let me be clear: we do not want the tribunal overwhelmed, but we want more tenants to take a challenge against unreasonable rent increases to the tribunal. The tribunal will play an important role in looking at what a reasonable market rent is in their area, and assessing whether a particular rent increase is reasonable. To protect the most vulnerable residents, in cases of undue hardship, the tribunal will be able to delay the start of the rent increase for tenants caught in those particular circumstances.
Amanda Martin (Portsmouth North) (Lab)
I thank the Minister very much for his brilliant synopsis of what has happened today. How will tenants and landlords be able to put their cases to the ombudsman without having to go through the courts? How will that give tenants more reassurance?
Matthew Pennycook
If my hon. Friend will allow me, I am about to come to the ombudsman, but I would like to make a point about affordability. Concern was expressed by several hon. Members about rent in advance. I would like to assure the House that we have long recognised that demands for extortionate rent in advance put financial strain on tenants and can exclude certain groups from renting all together. We think that the Bill as it stands protects renters against requests for large amounts of advanced rent, but I will happily continue to engage with individuals and organisations who have concerns that it does not, and I am entirely open to keeping that under review as the Bill progresses.
My hon. Friend mentioned the ombudsman. The database is also a feature of the Bill, and both are integral to the functioning of the new system. We want the database and the ombudsman to be operational as soon as possible and we think they could be transformative—particularly the database, for the information it can give tenants about landlords’ previous behaviour. All that detail is to come in secondary legislation, and I look forward to engagement from hon. Friends and colleagues across the House about how we should implement both the database and the ombudsman.
My hon. Friend the Member for Vauxhall and Camberwell Green (Florence Eshalomi), Chair-elect of the Housing, Communities and Local Government Committee—I say that carefully as she does not have a Committee yet—asked specifically which organisation will deliver the new PRS ombudsman service. No final decision on a provider has been made, but the Government remain of the view that the housing ombudsman is currently best placed to take on the role, given that it would allow us to move toward a streamlined cross-tenure redress service.
A number of hon. Members raised specific issues relating to the impact of the new tenancy system on the student rental market. The provisions that we ultimately alighted upon enable students to benefit from the new system while protecting the supply of student accommodation. However, this is an area where the judgments are finely balanced. I have heard various concerns, and I look forward to future discussions as the Bill progresses.
Lastly, a large number of hon. Members rightly raised concerns about the ability of local authorities to enforce against landlords and letting agents who flout the new rules. The enforcement of all the measures in the Bill will not begin immediately, but I recognise the resourcing challenges that many local authorities face and the impact that they could have on effective enforcement. We think that these are offset to an extent by the ringfenced civil penalties that councils can levy when landlords do not comply with the new rules, but we accept that those alone will not be sufficient, so in accordance with the new burdens doctrine, we will ensure that additional burdens on local authorities resulting from our reforms are fully funded.
It is now five and a half years since England’s 11 million private renters were first promised the biggest overhaul of the sector for a generation and the abolition of section 21 evictions. Those 11 million private renters were badly let down by the previous Conservative Government, who decided under pressure from their Back Benchers to weaken and delay the introduction of their own legislation before abandoning it all together. They are being badly let down today by the official Opposition, who, in arguing for yet more delay, would see thousands more renters unnecessarily put at risk of homelessness because of an unfair eviction, and would prolong the uncertainty that responsible landlords across the country have experienced in recent years. We will not allow that to happen.
Today, we have the opportunity to progress legislation that will overhaul the private rented sector and level decisively the playing field between landlord and tenant. Our Bill will empower renters by providing them with greater security, rights and protections so that they can stay in their homes for longer, build lives in their communities and avoid the risk of homelessness. Everyone deserves a decent, safe, secure and affordable home in which to live. With a view to taking an important step towards making that a reality, I commend this Bill to the House.
Question put, That the amendment be made.