Draft Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025
Draft Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (First sitting)
(2 days, 23 hours ago)
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The Minister for Housing and Planning (Matthew Pennycook)
I beg to move,
That the Committee has considered the draft Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025.
The Chair
With this it will be convenient to discuss the draft Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.
Matthew Pennycook
It is a pleasure to serve with you in the Chair, Mr Vickers. Alongside our commitment to delivering the biggest increase in social and affordable house building in a generation, the Government are determined to drive a transformational and lasting change in the safety and quality of social housing. By ensuring that tenants can feel safe in their homes and giving social landlords clarity as to their responsibilities, the draft regulations are a vital part of that effort.
I will take the draft regulations in turn, starting with the hazards in social housing regulations, or Awaab’s law. As the Committee will know, Awaab Ishak was just two years old when he died in December 2020, as a result of a severe respiratory condition that was due to prolonged exposure to mould in the social home that his family rented from Rochdale Boroughwide Housing. In the wake of his untimely death, Awaab’s parents have tenaciously and courageously fought to secure justice not only for their son, but for all those who live in social housing. The Deputy Prime Minister and I are deeply grateful to them for their passion and persistence.
Awaab’s death was wholly avoidable. His parents raised concerns about their living conditions time and again, but their landlord failed to take any action to treat the dangerous mould present in their home. Awaab’s law is vital legislation that will empower social tenants to hold their social landlords to account, using the full force of the law, if they fail to investigate and fix hazards in their homes within set timeframes. Tenants will also be able to secure access to the Housing Ombudsman Service if their landlord does not adhere to the strict timelines for action in the regulations.
Although progress also depends on a more fundamental change in the culture and values of social housing providers, Awaab’s law will play an integral role in ensuring that all social landlords take complaints about hazards seriously, respond to them in a timely and professional manner, and treat tenants with empathy, dignity and respect. It is also the Government’s sincere hope that over time it will build trust between tenants and landlords.
The regulations apply to the social rented sector, but we are committed to extending Awaab’s law to the private rented sector, and have included measures in the Renters’ Rights Bill to achieve that. We are carefully considering how best to apply Awaab’s law to the PRS in a way that is fair, proportionate and effective for both tenants and landlords. We will consult on that matter separately.
The Awaab’s law regulations will require social landlords to investigate and fix all emergency hazards, as well as damp and mould hazards that pose a significant risk to residents’ health and safety, within set timeframes. Potential significant hazards will have to be investigated by social landlords within 10 working days. Once the landlord has carried out an investigation, they will have to send written summaries to tenants within three working days and take action to ensure that the home is safe within five working days. Emergency hazards will have to be investigated and made safe within a maximum of 24 hours. If the social landlord cannot make the home safe within relevant timescales, they will be required to secure suitable alternative accommodation for the household until their home is safe to return to.
Finally, any additional works to prevent the hazard from recurring must begin as quickly as possible, and no later than 12 weeks from the time of the investigation, and will have to be completed within a reasonable period. Social landlords will also need to investigate potential emergency hazards and take action to make all emergency hazards safe, excluding cladding remediation work, as soon as possible and within 24 hours.
Awaab’s law implies terms into social housing tenancy agreements, so that once the regulations are in force, all social landlords will have to comply with the requirements of Awaab’s law. If they do not, tenants will be able to hold their social landlords to account by taking legal action through the courts for breach of contract. Awaab’s law will also include a provision for a defence if registered providers can prove that they have used all reasonable endeavours to comply with the requirements of the regulations. That means that landlords will not be liable for a breach of the regulations if, for reasons genuinely beyond their control, they have not been able to comply with them.
We intend to act as quickly as possible to bring all relevant hazards within the scope of the new legal requirements, but, to ensure its effective implementation, we have been clear that we intend to implement Awaab’s law through a phased approach. The regulations represent the first phase, covering emergency hazards and damp and mould hazards that present a significant risk of harm to tenants. They will provide for an initial period of testing and learning to ensure the reform is being delivered in way that benefits social tenants and secures the lasting legacy that Awaab Ishak’s family have fought so hard for.
In 2026, we will expand the requirements to apply to a wider range of hazards beyond damp and mould. The hazards we expect to extend Awaab’s law to in the second stage of implementation include excess cold and heat, falls, structural collapse, fire, electrical and explosions, and hygiene hazards. In 2027, we will expand the requirements further to apply to the remaining hazards as defined by the housing health and safety rating system, excluding overcrowding. As we progressively extend the application of Awaab’s law, we will continue to test and learn to ensure that the new requirements are operating effectively, and we will clarify and adapt our approach if it proves necessary to do so.
It is important to stress that the phased approach to introducing Awaab’s law in no way means that social landlords have any leeway when it comes to meeting their existing duties to address dangers to health and safety present in their homes before Awaab’s law is fully implemented. Awaab’s law establishes timeframes for social landlords to act, and if social landlords fail to meet those timeframes they could be challenged by tenants through complaints processes, the Housing Ombudsman Service, and ultimately the courts.
However, social landlords already have a duty to keep their homes fit for human habitation and free of category 1 hazards, as well as to remedy disrepair. The Government expect those duties to be met. Social landlords must ensure that their homes meet the decent homes standards, and it is critical that they take action as quickly as possible to resolve any issues of concern in the homes they let, and to guarantee the safety and comfort of their occupants.
I will turn now to the draft Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025. All rented homes must be free from dangerously hazardous conditions, including dangerous electrics. In addition, private landlords are required to check the electrical installations in their properties every five years. This Government are determined to ensure that tenants in social housing have the same protections. The regulations will come into force for new tenancies in November this year, and for all existing tenancies in May next year.
All landlords, social and private, will have to have the electrical installations in their properties inspected and tested by a person who is qualified and competent at least every five years. Landlords will need to ensure that electrical safety standards are met, and that investigations or repairs are carried out if required. The electrical safety standards, as set out in the British standard BS 7671, are the national standard developed by the Institution of Engineering and Technology.
Chris Vince (Harlow) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Vickers. I thank the Minister for giving way; I know it is not the convention in a Delegated Legislation Committee, but I wanted to raise issues in my constituency for both social and private tenants. The Minister touched on the issue of ensuring that electrics are checked every five years. Does he recognise the importance of that for residents in my constituency of Harlow, who are concerned about the electrics in their rented properties? That has caused them anguish. Does the Minister see the regulations as the first part of tackling that, making residents in Harlow feel secure and safe in their homes?
Matthew Pennycook
It would not be a debate of any kind with my hon. Friend present were he not to take the opportunity to get Harlow on the record. He is a doughty champion for his constituency and I recognise the concern that he raises. The importance of these regulations is that requirements that already apply to the private rented sector will apply equally to those in the social rented sector. We want parity with how the requirements apply across tenancies, so that social housing tenants benefit from the same protections.
The regulations also introduce mandatory appliance inspections on electrical appliances that social landlords provide. All landlords will have to provide a copy of the electrical safety report to their tenants and local authority if requested. That means that tenants will be informed about what work has been carried out in their home, and will have a record of the testing. Local authorities will also have the power to require landlords to carry out vital remedial works, or to arrange the works themselves and recover the costs from the landlord if relevant action is not taken by them.
Additionally, the regulations will raise the maximum financial penalty to £40,000 for those landlords, private or social, who do not comply. Many landlords are already taking a proactive approach to keeping homes safe from electrical faults, so these regulations will not add additional burdens to them. However, we must ensure that all landlords are taking appropriate action and that all tenants can feel safe by making electrical safety checks a mandatory requirement for social landlords as well as those in the private rented sector.
To conclude, the Government are clear that homes must, above all, be safe. Establishing clear standards and requirements of social landlords, and clear timelines to meet those requirements, will eliminate uncertainty for tenants and for landlords, helping to ensure that that is the case. Since their inception in primary legislation, both sets of draft regulations have received broad support, including from across the House—I recognise that Awaab’s law has its genesis in primary legislation under the previous Government and I commend the previous Secretary of State for his work in the area.
I am confident that in bringing the draft regulations into force, we will have robust regulations and robust protections for tenants of all tenures. They have been strengthened by consultation with the sector. Subject to the approval of Parliament, Awaab’s law is due to come into force from October this year. Electrical safety requirements, as I have said, will come into force for new social tenancies in November this year, and for all existing tenancies six months later. I commend the draft regulations to the Committee.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Once again, it is a pleasure to serve under your chairmanship, Mr Vickers. I say at the outset that the Opposition have no intention of dividing the Committee on the draft instruments.
As the Minister set out, the origin of Awaab’s law in legislation is from 2023, under the previous Government. Again, it enjoyed cross-party support in the Chamber, bringing into effect regulations to ensure that the hazards that were highlighted in that case—many of us will be familiar with them from our own constituents—were addressed effectively. For that reason, we are supportive of the measures we are considering today. In respect of electrical safety, likewise, the intention set out is one that any Government would wish to achieve.
I have two points to highlight, although I am sure that the Minister has given them some thought. All members of the Committee will have read with great interest paragraph 7.13 of the explanatory memorandum that goes with the draft hazards regulations, which highlights the Government’s assessment of the cost of implementing the proposals and the feedback from the sector. Those of us who have had the joy of being involved in housing committees and so on in local authorities are particularly conscious of the theory that the monitoring and enforcement system is financially self-sustaining by cost recovery through the fines levied under the enforcement process. I want to highlight some concerns about that. The issues we are addressing are incredibly important, but we want to ensure that, in the real world, the legislation has teeth. In particular, with issues of damp and mould—we will all know from constituency experience that they can be technically complex to resolve—we want the draft regulations to result in a material change for people, especially those whose health is vulnerable to such issues.
My final point is about electrical safety. Many of us know that accessing the necessary skilled workers to undertake such work, given the scaling up of regular monitoring and testing envisaged under the draft legislation, is a significant challenge in that sector of the market. It will be helpful to understand from the Minister what consideration has been given to how those skills will be created and developed, whether through apprenticeships, or engagement with colleges or industry. There were questions in the House today about the education sector and the Government’s actions on apprenticeships, but it would be helpful to be certain that any actions taken will not have a negative impact on the availability of the necessary skills to ensure that safer homes, in electrical terms, is an achievable and realistic objective.
Matthew Pennycook
I thank the shadow Minister for his broad support for the regulations and their intention, and for his questions. Again, before I address his specific points, I express my gratitude to Awaab’s family for their tireless campaigning in reaching this point—and, it should be said, to all the organisations and campaigners that have supported them along the way.
To respond to the hon. Gentleman’s points, we have absolutely given serious consideration to the ability of registered providers of social housing to implement these requirements. One of the reasons why we are taking a phased approach, as I explained when setting out the purpose of the instrument dealing with emergencies and damp and mould hazards in the first instance, is to ensure that the sector as a whole is able and ready to implement these requirements, and that we can take a “test and learn” approach before extending the hazards in phases two and three.
We also absolutely recognise that placing additional requirements on social landlords brings challenges in terms of costs. I hope that the hon. Gentleman will recognise the measures that the Government have undertaken, including recently through the spending review, to rebuild the financial capacity of social landlords, so that they can play their full part not only in maximising the delivery of new social homes, but in bringing their existing stock up to standard. He will know that we announced £39 billion at the spending review for a 10-year social and affordable homes programme, but we also took other action, including a 10-year rent settlement and holding a consultation, which is currently out, on a rent convergence mechanism, which will rebuild that capacity and allow social housing providers to make these changes, as well as others that we are bringing forward on quality and decency. He will know that, for example, a modernised decent homes standard is out for consultation, and we have consulted on minimum energy efficiency standards.
On enforcement generally, as I said, Awaab’s law implies terms in all social tenancy agreements. Social landlords will have to meet those requirements when they come into force, and if they do not, tenants can hold their landlords to account. If social landlords fail to comply with the requirements of Awaab’s law, tenants will be able to challenge them through the courts for breach of contract. If the court finds that the social landlord is in breach, it will be able to order the landlord to rectify the problem and/or pay compensation. Seeking redress through the courts is not the only way that tenants can challenge their landlords for breaches of Awaab’s law. Tenants may wish to complain directly to their landlord in the first instance. That can then be escalated to the housing ombudsman, which has the power to order landlords to undertake repairs and pay compensation to the tenant—as the Committee will know, the housing ombudsman is a free service for tenants.
Lastly, to answer the shadow Minister’s question about electrical safety—essentially, it was, “Will there be enough electricians to carry out these works?”— I draw his attention to the efforts we are making in various other respects and across Departments to expand and upskill the construction workforce, and to expand the supply of all the construction workforce we need for the built environment more generally, to ensure that we can meet our ambitious targets and all the other quality and safety measures that we are introducing. In relation to these regulations, we work closely with the electrical safety industry—the very people who will be doing the inspections—and with landlords to develop the policy.
To support implementation, we are introducing the regulations through a phased approach, as I have said, with new tenancies coming into scope first and existing tenancies six months later. We will absolutely continue to engage with landlords and encourage them to carry out inspections sooner rather than later, rather than waiting until the date on which the new requirements come into force. I am more than happy to extensively describe the other measures that the Government are taking—albeit perhaps on a different occasion, Mr Vickers—such as the £625 million that the Chancellor has just allocated to bring forward construction workers, or the various industry-led initiatives out there that we are supporting.
To conclude, it is not in dispute that far too many tenants still live in homes that are not well managed or maintained—we all know that from our postbags—or that they often struggle to secure adequate redress. We are taking action today to address this indefensible situation by ensuring that damp and mould hazards and all emergency repairs, whether they relate to damp or mould or any other hazards, are addressed within fixed timescales, and requiring landlords to meet standards of electrical safety. We will drive up the safety and quality of all social homes.
Question put and agreed to.
Draft Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025
Resolved,
That the Committee has considered the draft Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.—(Matthew Pennycook.)
Draft Criminal Justice Act 2003 (Removal Of Prisoners For Deportation Order 2025) (First sitting)
(2 days, 23 hours ago)
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The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
I beg to move,
That the Committee has considered the draft Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025.
It is a pleasure to see you in the Chair again, Ms McVey. As the Committee knows, when this Government came to power we inherited a prison system in crisis. From January 2023 to September 2024, the adult male prison estate routinely operated at over 99% capacity. Had we exceeded maximum capacity, the consequences would have been unthinkable: with nowhere to put new prisoners, the police would have stopped making arrests and courts would have suspended trials. It could have led to the total breakdown of law and order, with criminals running amok in our streets.
The Government carried out a series of emergency prisoner releases to prevent that disaster. At the same time, we launched the independent sentencing review with one clear goal: to make sure we never again run out of prison places. David Gauke and his expert panel published their recommendations on 22 May and the Government responded the very same day, accepting the majority of them in principle.
One specific area we asked the review to look at was how we tackle the number of foreign national offenders in our prisons. They currently account for about 12% of our prison population and cost British taxpayers millions of pounds every year. The Government have made it very clear that foreign nationals should be in no doubt whatever that the law will be enforced, and where appropriate, we will work with the Home Office to pursue their deportation. I am pleased to say that in our first year, we have removed more foreign national offenders than in the previous 12 months or in any other July to July period, but we must go further.
The draft order implements the sentencing review’s recommendations to reduce the minimum period that foreign national offenders have to spend in prison to 30% of the custodial term, and to increase the window in which they can be removed from prison for the purpose of immediate deportation. As the Committee will be aware, the Secretary of State has the power to remove eligible foreign national offenders—those serving a determinate sentence who are liable to be removed from the UK—from prison for the sole purpose of immediate deportation. That is referred to as the early removal scheme. Foreign national offenders serving indeterminate sentences—life sentences and sentences of imprisonment for public protection—are outside the scope of the scheme, and rightly so. Prisoners serving any type of sentence for a terrorism-related offence are also excluded. The power to remove a foreign national offender under the scheme is discretionary, and prison governors can refuse to remove individuals in certain circumstances, for example where there is clear evidence that the prisoner is planning further crime or dealing class A drugs in custody, or there are serious public safety concerns regarding early removal.
Under the current rules, eligible offenders can be removed up to 18 months before the earliest release point of the sentence, provided they have served one half of the requisite custodial period. This statutory instrument amends the Criminal Justice Act 2003 to allow foreign national offenders to be removed up to four years before the earliest release point of their sentence, subject to having served one third of the requisite custodial period. That means that eligible offenders can be removed from prison earlier.
At current removal rates, we expect that the change will free up approximately 500 prison spaces a year. Not only will that help to safeguard prisons from collapse, with all the risks that poses to the public; it will also prevent taxpayers’ money from being spent to keep foreign nationals in this country any longer than absolutely necessary.
Dr Kieran Mullan (Bexhill and Battle) (Con)
It is a pleasure to serve under your chairmanship, Ms McVey. Let me begin by confirming that the Opposition will not be voting against the statutory instrument. We support further reforms to the removal of foreign national offenders from our prisons. It is right that those who have committed crimes here and have no right to remain should be removed at the earliest possible opportunity, both to protect the public and to reduce the pressure on our system.
This measure builds on steps that we took in January of last year to advance the point at which early release can take place, from 12 months from the end of a sentence to 18 months. The order expands the early removal scheme to allow foreign national offenders serving determinate sentences to be removed from prison and deported as early as the later of two points: once they have served one third of their custodial sentence, or when they are four years from their earliest release point. The Government’s own explanatory memorandum for the order confirms that the impact of this change on the prison estate is modest—just 350 to 500 spaces freed up—and those gains will be quickly offset by the forecast growth in the prison population.
Perhaps more telling than what the order does is what it fails to do. First, there is no serious new mechanism for enacting it. Far too many countries simply refuse to take their own nationals back. We in the Opposition have been clear: if a country refuses to accept the return of its own nationals, we should apply visa sanctions, because there must be consequences for countries that are unwilling to co-operate. The Government’s refusal to act on that proves that they are not truly committed to tackling the issue.
Secondly, nothing in the order stops foreign national offenders abusing the Human Rights Act 1998 to block their removal. We all know how that plays out: legal claims made by those abusing the Human Rights Act, appeals, reappeals and endless delays, while taxpayers foot the bill and the dangerous individuals remain in the UK. The Conservatives would disapply the Human Rights Act from all immigration-related cases, ending the cycle of endless appeals and legal loopholes. We would ensure that if someone breaks the law here, they are returned to their country of origin or a third country—no excuses, no exceptions and no delays.
Earlier this year, we tabled to the Government’s Border Security, Asylum and Immigration Bill an amendment calling for the automatic removal of any foreign national convicted of any offence or charged with immigration offences. Labour had the chance to back firm action, but it chose to reject that. Right now, removal is triggered only if the offender receives a prison sentence of at least one year. Our amendment would have replaced that broken model with a clear principle: if someone breaks the law here, they are returned to their country of origin. We are not opposed to this order, but let us not pretend that it is a bold step forward. It is a half measure from a Government who refuse to face up to the scale of the challenge.
I will finish by saying that I have enjoyed speaking opposite the Minister over this session and I wish him and his colleagues an enjoyable recess. With all the rumours of a reshuffle, who knows whether we will end up facing each other again?
Sir Nicholas Dakin
I thank the Opposition spokesman for those closing comments. I wish him and his colleagues, you, Ms McVey, and, indeed, all members of the Committee well for the forthcoming recess. I am sure that he was referring to potential reshuffles among the Opposition rather than anywhere else. I am grateful to him for recognising that this Government are going much further than the Government whom he supported did over their 14 years in office. Much as I like him, I do feel that often his contributions to debates such as this are rather like the arsonist turning up at the fire, blaming the fire brigade for the fire and adding more things to the fire while he is there.
The proposed changes in the Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 will enable the Government to remove foreign national offenders for the purpose of immediate deportation earlier in their sentence. We are agreed across this House that that is the right thing to do, and I am grateful for the support of all members of the Committee on that. It will help to ease the prison capacity crisis inherited from the last Government, keep the British public safer and ensure that less of their tax money is spent on those who come to this country and abuse our hospitality by committing crime. I commend the draft order to the Committee.
Question put and agreed to.