Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government, further to the response by Lord Bourne of Aberystwyth on 15 October 2018 (HL Deb, cols 366–8), what progress they have made in establishing whether someone who has a licence as a property guardian is living in what can be defined as a “dwelling".
Answered by Lord Bourne of Aberystwyth
The Housing Act 2004 defines a “dwelling” as a building or part of a building occupied or intended to be occupied as a separate dwelling. Whether a building occupied by a property guardian is in fact a dwelling would be dependent on the particular facts of the case.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government whether the Homes (Fitness for Human Habitation) Act 2018 covers the rights of individuals who hold a licence as a property guardian.
Answered by Lord Bourne of Aberystwyth
The Homes (Fitness for Human Habitation) Act 2018 will apply to any tenants occupying guardian properties on Assured Shorthold Tenancies. The provisions of the Act will not apply to people who hold licences to occupy; these individuals can contact their local authority if they are concerned about potential health and safety hazards. If these hazards are present, local authorities have tough enforcement powers that are not dependent on the type of tenancy or licence held.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government what criteria would result in a property that is used as a dwelling by a property guardian licensee being designated as a house in multiple occupation.
Answered by Lord Bourne of Aberystwyth
Whether or not a property is a house in multiple occupation (HMO) is set out in Part 2 of the Housing Act 2004, and this definition includes properties occupied under licence agreements. A property that is occupied by three or more people who are from more than one family and who share one or more basic amenity is an HMO, although there are some exemptions to this set out in Part 2 of the Act. HMOs with more than five tenants comprising two or more separate households are usually required to be licensed by the local authority, and local authorities can designate ‘Additional Licensing’ areas, where HMOs with fewer than five tenants are licensed if necessary.
Detailed guidance for local authorities on the HMO licensing provisions in the Housing Act 2004 is available on the gov.uk website. This guidance covers all properties including those occupied by licensed property guardians. We are also undertaking a review of enforcement guidance for local authorities on private rented sector enforcement. We expect to publish this guidance by the end of March, and to deliver training for all local authorities in March and April.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government what guidance they have provided to local authorities about the inspection of properties occupied by licensed property guardians that may be subject to house in multiple occupation licensing requirements.
Answered by Lord Bourne of Aberystwyth
Whether or not a property is a house in multiple occupation (HMO) is set out in Part 2 of the Housing Act 2004, and this definition includes properties occupied under licence agreements. A property that is occupied by three or more people who are from more than one family and who share one or more basic amenity is an HMO, although there are some exemptions to this set out in Part 2 of the Act. HMOs with more than five tenants comprising two or more separate households are usually required to be licensed by the local authority, and local authorities can designate ‘Additional Licensing’ areas, where HMOs with fewer than five tenants are licensed if necessary.
Detailed guidance for local authorities on the HMO licensing provisions in the Housing Act 2004 is available on the gov.uk website. This guidance covers all properties including those occupied by licensed property guardians. We are also undertaking a review of enforcement guidance for local authorities on private rented sector enforcement. We expect to publish this guidance by the end of March, and to deliver training for all local authorities in March and April.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government what estimate they have made of the number of individuals who are living as property guardians in England.
Answered by Lord Bourne of Aberystwyth
The Government does not collect data on property guardians. According to research carried out by the University of York, it is estimated that there are between 5,000 and 7,000 property guardians in the UK, representing 0.1 per cent of households in the private rented sector.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government, further to the response by Lord Bourne of Aberystwyth on 15 October 2018 (HL Deb, cols 366–8) regarding the information about their factsheet being "not, of itself, sufficient", what progress they have made in producing further guidance.
Answered by Lord Bourne of Aberystwyth
Following my engagement on this issue, the Department is reviewing the current factsheet about property guardianship and considering how best this information can be disseminated to property guardians.
We are also undertaking a review of enforcement guidance for local authorities on private rented sector enforcement, including on the enforcement of relevant standards in buildings occupied by property guardians. We expect to publish this guidance by the end of March, and to deliver training for all local authorities in March and April.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what advice they have given to those UK museums and galleries that are public bodies regarding the employment status of workers who have been employed for 10 years or more.
Answered by Lord Ashton of Hyde
The Department for Digital, Culture, Media and Sport (DCMS) and Ministry of Defence both sponsor museums and galleries in England; these are all Arm’s Length Bodies (ALBs). The Border Force, part of the Home Office, also supports a collection (Seized!), housed in a DCMS museum ALB. All Government ALBs, including museums and galleries, are responsible for their own employment policies and processes, including ensuring that they comply with employment laws.
The Government will be considering the Pimlico Plumbers LTD and another v Smith judgment as we prepare the response to our employment status consultation. The outcome of this consultation should help provide clarity for all public bodies, including ALBs, regarding the status and rights of of individuals who work for them, as well as advice on sick and holiday pay. More information regarding the consultation can be found here, and is attached: https://www.gov.uk/government/consultations/employment-status.
National museums in Scotland, Wales and Northern Ireland are sponsored by the respective devolved administrations.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of the number of people who work for UK museums and galleries that are public bodies who are on the payroll and taxed at source but inaccurately described as freelance, following the Supreme Court ruling in Pimlico Plumbers Ltd and another v Smith.
Answered by Lord Ashton of Hyde
The Department for Digital, Culture, Media and Sport (DCMS) and Ministry of Defence both sponsor museums and galleries in England; these are all Arm’s Length Bodies (ALBs). The Border Force, part of the Home Office, also supports a collection (Seized!), housed in a DCMS museum ALB. All Government ALBs, including museums and galleries, are responsible for their own employment policies and processes, including ensuring that they comply with employment laws.
The Government will be considering the Pimlico Plumbers LTD and another v Smith judgment as we prepare the response to our employment status consultation. The outcome of this consultation should help provide clarity for all public bodies, including ALBs, regarding the status and rights of of individuals who work for them, as well as advice on sick and holiday pay. More information regarding the consultation can be found here, and is attached: https://www.gov.uk/government/consultations/employment-status.
National museums in Scotland, Wales and Northern Ireland are sponsored by the respective devolved administrations.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what plans they have, following the ruling of the Supreme Court in Pimlico Plumbers Ltd and another v Smith, to advise those museums and galleries in the UK that are public bodies about sick pay and holiday pay.
Answered by Lord Ashton of Hyde
The Department for Digital, Culture, Media and Sport (DCMS) and Ministry of Defence both sponsor museums and galleries in England; these are all Arm’s Length Bodies (ALBs). The Border Force, part of the Home Office, also supports a collection (Seized!), housed in a DCMS museum ALB. All Government ALBs, including museums and galleries, are responsible for their own employment policies and processes, including ensuring that they comply with employment laws.
The Government will be considering the Pimlico Plumbers LTD and another v Smith judgment as we prepare the response to our employment status consultation. The outcome of this consultation should help provide clarity for all public bodies, including ALBs, regarding the status and rights of of individuals who work for them, as well as advice on sick and holiday pay. More information regarding the consultation can be found here, and is attached: https://www.gov.uk/government/consultations/employment-status.
National museums in Scotland, Wales and Northern Ireland are sponsored by the respective devolved administrations.
Asked by: Baroness Grender (Liberal Democrat - Life peer)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what actions they have taken, following the ruling of the Supreme Court in Pimlico Plumbers Ltd and another v Smith, to ensure that workers in museums and galleries in the UK that are public bodies have appropriate rights.
Answered by Lord Ashton of Hyde
The Department for Digital, Culture, Media and Sport (DCMS) and Ministry of Defence both sponsor museums and galleries in England; these are all Arm’s Length Bodies (ALBs). The Border Force, part of the Home Office, also supports a collection (Seized!), housed in a DCMS museum ALB. All Government ALBs, including museums and galleries, are responsible for their own employment policies and processes, including ensuring that they comply with employment laws.
The Government will be considering the Pimlico Plumbers LTD and another v Smith judgment as we prepare the response to our employment status consultation. The outcome of this consultation should help provide clarity for all public bodies, including ALBs, regarding the status and rights of of individuals who work for them, as well as advice on sick and holiday pay. More information regarding the consultation can be found here, and is attached: https://www.gov.uk/government/consultations/employment-status.
National museums in Scotland, Wales and Northern Ireland are sponsored by the respective devolved administrations.