Renters’ Rights Bill

Baroness Eaton Excerpts

Tuesday 4th February 2025 Lords Chamber

[Baroness Eaton (Con)]

My Lords, I offer my thanks to both the noble Baroness, Lady Brown, and the noble Lord, Lord Wilson of Sedgefield, for their enthusiastic and energy-driven speeches, which were very infectious. They will help to drive me along and give me the energy to do all the things that will come along to all of us. They are both very welcome.

I must declare my interests as a vice-president of the Local Government Association and as a part-owner of rented property in Bingley, west Yorkshire.

The renters Bill aims to ensure that those renting homes from landlords across the nation have a safe, secure place to live, managed by a landlord who is reasonable, responsive and reactive when problems in their rented home occur—something I am sure that we all wish to see. However, I do not believe that this Bill will necessarily achieve that. I have spoken with a range of stakeholders in the rental market prior to the debate, including those in the built-to-rent sector, which has the potential to deliver up to 10% of this Government’s overall housing targets. The built-to-rent sector—if it is given the policy environment to deliver new, net, additional, high-quality, long-term rent homes—would do a great deal to achieve the housing targets that we need.

It appears to me that the built-to-rent sector is particularly susceptible to the clauses in the Bill, in its current form, that pertain to open-ended tenancies with two-month notice periods, where renters can serve notice to leave their home on day one. This is because built-to-rent homes can be moved into quickly, as they benefit from shared amenities such as wifi and concierge services, among others, that make them very attractive places to live. Renters can move in with just their suitcase and some groceries, and without the need to set up the water meter and internet provider, or deal with the utility providers.

The Government have put on record their support for bringing more institutional investor landlords into the rental market and driving up standards across the market, both of which are laudable goals, alongside the building of new homes. However, allowing renters to immediately serve notice to leave their rented home on day one of their tenancy will have a detrimental impact, particularly on the build-to-rent sector’s ability to secure investment, both domestic and foreign, to deliver the homes that this Government want to see built.

To reiterate, this measure increases the risk of short-term renting by those looking to take advantage of the legislative issues that the Bill creates, and prevents those who truly want to put down roots in the area where they rent their home doing so, while also having an impact on future housing supply. That is not what this Government intend, I am sure, and is certainly not supportive of the Government’s growth agenda or housebuilding targets.

I want the Bill to put in place the ability for renters to serve their two months’ notice only after they have rented their home for a minimum of four months, thereby discouraging those who would use the Bill in its current form to take advantage of the facilities and high-quality homes that build-to-rent landlords provide. I am well aware of the need to ensure that renters are not trapped in unsafe, mis-sold, damp or mould-ridden rented homes, and such exemptions should of course be included in any amendments made to the relevant clauses in Committee.

An additional potential consequence of the Bill that has been raised with me and that warrants consideration in this place is the impact on housing supply due to the incentive the Bill presents to renters to challenge their landlords’ rent increase when served a Section 13 notice. I add at this point that the fact that Section 13 notices have not yet been digitised is an issue that, in this day and age, needs urgent attention. Section 13 notices being challenged by any and all renters simply to delay a rent increase will serve to achieve only one goal: discouraging landlords looking to provide rental homes and investors looking to create new rental homes. These delays in landlords being able to achieve reasonable increases in their rent from renters will mean that less investment is available for these landlords to build the new homes we need.

The Government cannot expect institutional landlords and investors to deliver new high-quality, sustainable homes if they face so much uncertainty and delay about the rent they might reasonably receive. I strongly support an amendment to the Section 13 clause of the Bill to ensure that legitimate rent challenges from renters are progressed through the courts at speed—we have heard a lot of attention being drawn to the difficulties of the court process at the moment—while rent challenges that have no legitimacy and are being lodged simply to delay fair and reasonable rent increases are deterred.

Some opinions that landlords should focus on are the ability for a failed rent challenge in the court to bring the date of the original rent increase back into effect with a payment plan put in place that is achievable for the renter to pay off over a reasonable period, or giving the courts the ability to increase rents past the point proposed on the Section 13 notice if the increase is below market rate and is subsequently challenged by the renter.

The Government have some laudable ambitions, and improving the lives of renters while delivering new homes are clearly two that many in this and the other place will rightly support. However, the Bill as it stands leaves too many loopholes open for some to exploit, at the expense of those who the legislation is being put in place to protect.