Localism Bill

Debate between Baroness Gardner of Parkes and Baroness Wilkins

Monday 5th September 2011 Lords Chamber

[Baroness Wilkins]

My Lords, I speak to Amendments 30 and 31 concerning the Bill’s removal of automatic succession rights for relatives of those living in local authority properties and the Government’s introduction of express terms of tenancy. The purpose of these amendments is to ensure that the Government make it explicit how and when these express terms of tenancies should be given to people other than spouses and civil partners to succeed a tenancy. The learning disability organisation Mencap is concerned that, as the Bill stands, it potentially weakens the position of disabled people who live with their parents or relatives in succeeding a tenancy. It also undermines the position of carers who have had to give up their own homes to look after a parent or relative. This issue was raised by the noble Lord, Lord Rix, in the truncated hours of the Committee stage, and he would have moved these amendments today had he been able to be present. He of course supports them and is grateful to the Minister for meeting him to discuss his concerns.

The right of succession is especially important for some of society’s most vulnerable groups—especially for disabled people who have lived with and been supported by their parents well on into their adult lives. According to current figures, between 50 per cent and 55 per cent of people with a learning disability still live with their parents. Their right to the home where they have lived all their lives is currently protected when their parents pass away. The Bill removes that security.

While the Government’s move to introduce express terms of tenancy is partially welcome, it does not go far enough in protecting the interests of disabled people. It is left to the discretion of housing providers and local authorities, which may well restrict the number of tenancies with an express provision because the position is not clear cut as it is now, so that such tenancies become rarer over time. Furthermore, tenancy agreements could be drafted and agreed at a time when there is no likelihood that an express term in the tenancy agreement will be needed. However, family circumstances can change drastically, and then a carer or a disabled son or daughter could be at risk of losing the security of their home if the housing provider is unwilling to change the terms of the tenancy agreement.

The amendments would ensure that regulations were in place to outline under which circumstances and to which groups of people an express term of the tenancy should give a right to succession. Hopefully, it would be clearer that disabled people, including those with a learning disability, living with parents and relatives who have given up their home to care for a disabled relative would be entitled to a succession to the tenancy. Unless the Secretary of State sets out directions for a standard for succession rights beyond a spouse or a civil partner, the default position of housing providers could undermine the long-term interests of disabled people. That could be one of the unintended consequences of the Bill. I hope that the Government will support the amendments. I beg to move.

[Baroness Gardner of Parkes]

My Lords, I have every sympathy with the amendment, as it deals with an important issue, but I am concerned about one thing. I am all for people who have given up their homes to care for someone else to have a right of further occupation somewhere, but where a property has been specifically adapted for a disabled person, I would be much happier to see another disabled person able to use that accommodation. It should not be naturally guaranteed that the person who was there simply as a carer should then take over a property that might be eminently suited to another disabled person. I wonder whether that issue needs to be considered under the amendment.