English Devolution and Community Empowerment Bill

Baroness Hayter of Kentish Town Excerpts

Committee stage
Thursday 29th January 2026 Grand Committee

[Lord Tope (LD)]

My Lords, I declare an interest as one of the co-presidents of London Councils. Since the previous two speakers gave their entire London political history, I cannot resist the temptation to do the same.

I was a London borough councillor for 40 years, and leader of that council for 13 years. I cannot resist saying that it has been under Liberal Democrat control for 40 years already and is now no doubt well on its way to 44 years. I am looking forward to it reaching 50 years, by which time I shall have just about reached my century. I stood down as leader of the council to fight the GLA elections, and was elected for its first eight years, along with the noble Lord, Lord Harris. At the beginning, we had many happy meetings trying to work out what on earth we were there to do, how on earth we should do it, whether we really needed committees and, if we did, which committees—and so on.

I spent some not so happy and very long nights in this place working on the GLA Bill, which took a lot of time and consideration. I have had a long interest in London and its governance. I was briefly even a London Member of Parliament, before all those other things. I always felt that that was the best apprenticeship for being a London borough councillor, but nobody else tried it that way round.

I came here at the request of London Councils to express support for the six amendments in the name of the noble Lord, Lord Harris. My name is attached to one of them but should have been attached to all six, as they are a package, and I certainly support them all. They propose sensible arrangements to enable London Councils to distribute government grants, which it is unable to do at the moment. I do not need to go into the details of exactly how it would work, but the proposal to have a statutory joint committee seems entirely sensible. That is the real point of it: the mechanics of exactly how it would work are not for us to determine, as long as there is an ability to make those arrangements. I am strongly in support of that.

I had not intended to join the discussions on the other issues that have been raised today. I noted, not for the first time, the desire of the noble Lord, Lord Harris, to get rid of what he calls small London boroughs. I suppose that that is the only way Labour would ever win most of them. I do not agree with that, not surprisingly.

I suspect that a review of London governance is not likely to happen, but I think it should. I was not entirely happy with the one that happened just before 2000, which resulted in the arrangements that we have now. If we are to have a serious review of London governance, I would welcome it, but I reserve my welcome for whatever its results may be. I would greatly welcome a proper consideration of the role of the borough councils, the Greater London Authority and particularly the London Assembly.

As I said, my main purpose for being here is to support the proposal for a London joint committee. I had understood that it has all-party support; it certainly has the support of the Liberal Democrats, for whom I can speak, as co-president. I am pleased, therefore, to support those amendments from the noble Lord, Lord Harris.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, like the noble Lord, Lord Tope, and my noble friend Lord Pitkeathley, I have added my name to Amendment 72 and the others already spoken to by my noble friend Lord Harris.

I have to say only two things. These amendments would provide the appropriate vehicle, as some of the tasks that fall within London are cross-borough. A lot of tasks and responsibilities fall to the GLA, and some fall quite clearly to the boroughs, but some are cross-borough. It is important that we have the correct vehicle for that to happen, both for statutory consultations and, as has already been mentioned, to make it possible to spend money in that way, rather than it having to be funnelled through a particular lead borough. It is therefore useful and probably necessary.

I do not agree with what the noble Baroness, Lady O’Neill of Bexley, said about it being another level of government. That is absolutely not the intention. There is a non-statutory vehicle there, which is immensely useful, but there are a couple of things that it cannot do. It seems to me that defining it in statute would fill a gap and would be better for the people and boroughs of London.

[Lord Fuller (Con)]

My Lords, I am not a London councillor, nor am I a vice-president of the Local Government Association, so I suppose I have a bit of an independent view here. I am just a provincial councillor from Norfolk. However, I associate myself with the remarks of the noble Lord, Lord Harris. It is time to have a look at governance in London, because 32 plus one is quite a lot. There is also an assembly and a mayor—arguably, London is over-governed.

It is time to have a look at this, because it is out of kilter with elsewhere. Outside the M25, the Government are proceeding on the basis that all local authorities must be half a million people or more, covering huge territories. Norfolk, where I come from, has over 900 parishes. It is 85 miles wide and 40 miles long. If you were to start here in Westminster and then travel down to the south coast, the width of Norfolk would take you 30 miles past Brighton and out into the English Channel before it ran out. That is the size and scale of the territories we have in the shires. In Norfolk, over 9,000 electors are needed to elect a councillor. In Essex and Kent, it is between 12,000 and 15,000. In London, just 3,108 electors are required to elect a borough councillor—and of course there are other representatives too. These London boroughs are much smaller territories and much more tightly defined—they do not have 900 parishes. As a result, not only is democratic representation diluted to an unacceptable extent outside the M25, but we end up with the nonsense of the borough bike wars. If you ride a Lime or a Forest, there is an inexplicable invisible line in the middle of the road that applies the brakes as you ride up the King’s Road.

London is overrepresented; there are more councils and more councillors. In fact, there are more councillors within the M25 than in all the county councils of England. This review should happen. I associate myself with the remarks of the London councillors who have spoken. You cannot reorganise local government everywhere else and leave London to sit it out. That is not good for democracy, councils, governance or the country, and it certainly is not good for the principle of equality of democratic representation.

In the other place, all the constituencies have been equalised, plus or minus 5,000, so that there is an equality of representation. The value of everybody’s vote is the same, wherever you are in the United Kingdom. In London, because of the excess number of councils and councillors, the vote representation is up to five times greater than it is outside the M25. That alone should be an example and a reason to go into a governance review. London cannot just sit it out any more while, elsewhere, there is wholesale reorganisation.

Holocaust Memorial Bill

Baroness Hayter of Kentish Town Excerpts

Report stage
Wednesday 11th June 2025 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I will speak briefly. It is interesting for how many of us Belsen was part of our lives. I was born in Celle, after the war, my father being in the BAOR and working with what were called DPs—displaced persons. He arrived not on the first day of the liberation of Belsen but soon after. I grew up, albeit with a very different background from that of the noble Lord, Lord Howard, with that experience. I think those of us who were brought up in that childhood have commemorated almost every day of our lives what happened. For those of us who believed in the European Union, it grew from the same basis—I know not everyone took the same view on Europe—of “never again”. This is a part big of my life.

The desire for commemoration does not mean that one has to support the particular proposal here, with the learning centre. I thought the reference to the Cenotaph was very moving. When one walks through the park—those of us who work in Millbank use it a lot—one stops at the Burghers of Calais. I think I am right in saying that the only time Rodin came to London was to discuss and choose the site of the Burghers of Calais, one of the most memorable statues or memorials in the country. Care was taken with the story he was trying to portray, albeit a much older story.

Yes, there should be a commemoration with a statue or equivalent, but there is this idea of millions of people coming. How are we going to deal with the traffic? I think we will deal with that in a later amendment. Before we come to that amendment, which will deal with a proper assessment, let us say yes to a commemoration, but that does not mean that we have to take over the whole of that garden and put in what would be a very small learning centre, with all the disadvantages that come with that.

[Baroness Altmann (Non-Afl)]

My Lords, I declare my interests as being on the Chief Rabbinate Trust and the Jewish Leadership Council, and as someone whose family was mostly wiped out by the Holocaust. My parents escaped and came here, and have always been hugely grateful for the protection of this country. I am deeply saddened at the controversy created by this proposed memorial and learning centre to support the promise to remember, which I have always believed is so important and so valuable.

I would like to put on record my gratitude for the support for this important project from both the previous and the current Government, and for the work put into it by so many Ministers, noble Lords and people who, as we have heard, have no direct interest and are not Jewish themselves. I recognise that we are a tiny minority of the population, but the work that has gone into this by so many is something that I am most grateful for. I understand the many objections and concerns that have been raised by noble Lords. I know that they are deeply and passionately held, and I do not believe they stem from antisemitism in any way, but this amendment would undermine the vision and purpose of this project.

Both the memorial and a learning centre are essential and are part of what this original project envisaged. Without the learning centre, I do not believe that it would achieve the aims. Noble Lords may or may not like the design, and I have enormous respect and admiration for the noble Lord, Lord Russell, and the noble Baronesses, Lady Blackstone and Lady Deech, all of whom I know have good intentions.

The Berlin museum is underground and actually, that subterranean environment contributes in some way to the power of the horrors portrayed. Not everyone will agree, but that is how it struck me. All the elements outlined by the noble Baroness, Lady Blackstone, can and will be incorporated into the learning centre—and she is right: they are all so important.

The bottom line is that at this stage, after so many years of such regrettably bitter controversy, I sincerely believe that if this project as proposed, with the support of both the current Government and the Opposition, does not go ahead now, there will be no memorial and no new visitor or education centre to explain what happened. In the context of Parliament, of democracy, and of moral and historical issues, the siting next to Parliament is important. I hope that noble Lords will be able to accept this now.

Renters’ Rights Bill

Baroness Hayter of Kentish Town Excerpts

Monday 12th May 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords, I put my name to these amendments. I must confess I did not quite understand Amendments 193 and 198, so I did not put my name to them, but I am grateful for the explanation that my noble friend has given. There is no doubt that the availability of private rental in having pets is considerably smaller. I am conscious that when I moved to Suffolk, I think it was back in March 2010, when I was looking for places to rent—not to holiday rent, but to rent properly as a home—had I not had my dog Rizzo at the time, more than 200 properties would have been available, but when it came to any landlord that would even encounter having a dog, the number was reduced to four, and this in an area of 300 square miles.

It gave me a clear insight into the restrictions placed on people who want to move with their family—and pets are considered often part of that family. As has been mentioned elsewhere, there was certainly a premium to pay, as a consequence of what property was available, for the opportunity to have Rizzo come and visit on a regular basis.

I was struck by one issue in the amendments that my noble friends have tabled, to do with mortgaged premises. I have been pretty horrified to learn, in the variety of casework that I have undertaken over the years, about the artificial restrictions placed on mortgages that people have taken up. They have simply told me, “I’m not allowed to do this”. I felt that this was too good an opportunity to miss; that is why I signed my noble friend’s amendment.

As my noble friend Lord Lexden said, this is plain discrimination against people who have not yet been able to secure a home in a particular area. These are sensible additions to the Bill. I am aware that your Lordships have, overall, welcomed the opportunity to try to remove these exclusions on keeping pets in homes that people are renting. I hope the Minister will look kindly on these amendments to make sure that this part of the potential loophole is addressed and filled.

[Baroness Hayter of Kentish Town (Lab)]

I do hope that the Minister will not agree to this. I have a flat that I live in part-time but sometimes rent, and I am allergic to animals. The idea that I would have to consider and take an application from someone with a pet, when I could not possibly have them living there because of my allergy, seems to me quite unfair. They would come to see the flat and waste their time when there is no chance in the world that I could let it to someone with a pet. I do hope that we will not go the way of forcing somebody like me to waste someone’s time in going to see a property. There is no way that I would be able to have an animal in the flat that I live in at other times.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend Lord Black of Brentwood for his amendments. I also thank my noble friends Lord Lexden and Lady Coffey for their contributions, as well as the noble Baroness, Lady Hayter, who makes it very clear that we need to have a balance.

This group seeks to address the growing concern among renters, but we must also consider the valid and practical concerns of landlords. Although these proposals aim to prevent blanket bans on pets in rental properties, it is essential to recognise that there must be legitimate reasons for any restrictions. Many tenants may view their pets as family members, as we have heard, but we must also acknowledge the potential challenges and consequences of allowing pets in rental properties. These are challenges that can affect property maintenance, insurance costs and, as we have heard, the well-being of other tenants. A balanced approach is needed, one that considers the rights of tenants and the legitimate concerns of landlords and property owners.

Landlords are often responsible for the upkeep of the property and ensuring the safety and comfort of all tenants. Allowing pets may also complicate insurance policies, leading to higher premiums or even exclusions in certain cases. These concerns are not trivial and must not be dismissed lightly, but rather addressed in a way that is both fair and proportionate. The amendment in this group recognises the need for a balanced approach that takes into account the rights of those tenants and the legitimate interests of landlords.

We on these Benches have made our position clear on previous days in Committee. We continue to advocate for a balanced solution that respects the needs of both tenants and property owners. Ultimately, these amendments contribute to a more equitable housing market, where tenants with pets are not excluded from their right to live in a home that suits their needs. They also ensure that the landlord can continue to manage their properties responsibly with the appropriate protections in place.

--- Later in debate ---

[Lord Young of Cookham (Con)]

My Lords, once again I follow in the slipstream of the noble Lord, Lord Best, and have added my name to one of his amendments. I commend the work that he has done on this particular subject.

The only point I want to make is to draw attention to the growing gap between the qualifications that are needed to manage a block in the social sector as against those needed to manage a block in the private sector. I take the view that, whether you live in a block managed by a social landlord or a private landlord, you are entitled to the same quality of management, professionalism and competence.

Two years ago, we had the then Social Housing (Regulation) Bill. That set out requirements of qualifications for those in the registered social landlord sector, and it required some 25,000 people to go out and get qualifications. Senior housing managers have to have a level 4 housing qualification and senior housing executives need level 5. One could make the case that requirements are even more necessary in the private sector, because it does not have the overall protection that the social housing sector has with either local authorities or registered social landlords.

There is now a growing gap between the relative qualifications you need, depending on whether the block is in the private or public sector. Although some progress has been made in driving up the standards of lettings agents, there is still some way to go. I hope the Minister will be able to express some sympathy for these two amendments. As the noble Lord, Lord Best, indicated, if we do not make any progress with this Bill, we will be back with the leasehold Bill later in the Session.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I have also put my name to Amendment 203 and I declare a non-financial interest as chair of the Property Institute, which favours regulation of all property agents, as the noble Lord, Lord Best, has said. Amendment 203 is about safety, security and the good management of people’s homes. I think we all agree that residents deserve to be safe in their homes, but in rented accommodation it is impossible for residents to do everything themselves, because the building and the environment are actually owned and managed by the landlord.

The noble Lord, Lord Young, intimated that, in the case of social housing, it actually took the death of Awaab Ishak to bring forward mandatory qualifications for those who manage social property. As he said, however, there is no equivalent for private property, where unqualified and even rogue agents take responsibility for vital parts of the building’s upkeep, its safety, its access, its insurance and its legality. Unlike other professions handling legal and financial transactions, most of which are regulated, there are no mandatory qualifications or any minimum requirements for property agents, even when they are managing the money of assured tenancies. The absence of regulations clearly can lead to the mismanagement of deposits and rents and legal non-compliance, very often through ignorance rather than wickedness.

Managing shared buildings, particularly tall ones, is extremely complicated and demanding, and growing more so. There are a lot of new energy-efficient rules, quite rightly; there are increasing tenant demands for involvement, quite rightly; there is the rising cost of insurance; and there is more focus on legislation on health and safety, particularly after Grenfell. All these are complicated issues that need to be handled by a professional in the private rented sector, which houses, of course, many vulnerable people.

The private rented sector is often the home of people who can least afford to pay for any additional services, and, if they are paying too much in rent, they cannot even heat the property, and that can be because of mismanagement. It should be obvious without, I hope, having to wait for a death in the private rented sector, that all managing agents looking after homes should be properly competent and qualified. It is a job for professionals, not amateurs.

This amendment is a way forward. We are not talking about an expensive thing to run; it is not asking for very much. It asks simply that those who are paid to manage rented properties know what they are doing and have the qualifications to prove it, so that landlords would employ only agents capable of managing homes legally and honestly. Let us not wait for a tragedy: let us do it now. We owe it to all residents to make sure that the state requires those managing their homes to know what they are doing.

[Lord Truscott (Non-Afl)]

My Lords, I rise to support Amendments 203 and 204, in the name of the noble Lord, Lord Best, and others. I declare my interest as a leaseholder, as well as a landlord and former PRS tenant. Noble Lords supporting these amendments have already made a cast-iron case for requiring property-management agents to have relevant training and qualifications, and for these requirements to be legally enforced.

I have dealt with a number of property management agents. Some have been excellent and others have been appalling. It seems extraordinary to me that property agents who may deal with millions of pounds of property and revenue are currently not required to have any professional qualifications or training whatever. Some agents I have dealt with in the past have no property qualifications and had little or no understanding of property law or lease enforcement. There is no other sector that I am aware of where individuals dealing with such large amounts of money and such valuable assets can be wholly unqualified and virtually unregulated.

Anyone can set themselves up as a property agent, with little or no knowledge of the sector. Many property agents are, of course, very professional, but the rogues and amateurs undermine the reputation of the whole property sector. This must end, as we have heard. For that reason, I wholeheartedly support these two amendments and urge the Minister to accept them.

Political Parties: Donations from Abroad

Baroness Hayter of Kentish Town Excerpts

Wednesday 22nd January 2025 Lords Chamber

[Lord Khan of Burnley (Lab)]

I think it always good to have consensus across the House and in politics. On the noble Lord’s point about transparency, as stated, we are looking at strengthening the rules around donations. To do so, we will look at all the evidence and in due course we will set out our proposals.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I raised before the issue of permitted donors who live abroad being able to give to political parties. The last Government went ahead with that, despite opposition from this side. Similarly, they brought in ID for voting against our recommendations. I welcome the rather belated view that we should have a negotiation, and perhaps the Opposition would like to say that, this time, they will co-operate this time and not try to do something by themselves.

[Lord Khan of Burnley (Lab)]

My noble friend makes an excellent point. She is correct that overseas voters have the right to participate in UK parliamentary elections, and this includes the right to donate to parties or candidates they support. However, foreign money is not permitted, and it is a criminal offence to facilitate an impermissible donation. Those rules apply to voters abroad as well.

Political Parties: Funding

Baroness Hayter of Kentish Town Excerpts

Wednesday 15th January 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The noble Lord raises an important point. Political parties registered in Northern Ireland can also accept donations from Irish sources, such as Irish companies that meet prescribed conditions. Allowing Irish donations to Northern Ireland parties recognises the special place of Ireland in the political life and culture of Northern Ireland. The rules are consistent with the principles set out in the Good Friday agreement. Irish donations are subject to the same scrutiny by the Electoral Commission as donations from any other permissible donor and if there are any complaints about that, they must be referred to the Electoral Commission.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, the last Government extended voting to people who had been out of this country for more than 15 years. That in itself was not very problematic but it meant that they all became permitted donors. People who had not lived in this country for 40 or 50 years could become permitted donors and give money, with absolutely no ability to check on its source. Can my noble friend assure me that when this is looked at, that aspect introduced by the last Government will also be properly scrutinised?

[Baroness Taylor of Stevenage (Lab)]

My noble friend raises a very important issue. Political parties can accept donations only from registered electors but of course that now includes overseas electors. They are subject to the same counter-fraud measures as domestic electors, including having their identity confirmed as part of the registration process, but that very important issue will be looked at as we all look at all matters relating to elections.

Shared Prosperity Fund: Wales

Baroness Hayter of Kentish Town Excerpts

Wednesday 4th December 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

I have great admiration for and friendship with the noble Lord from the previous Government, when I was an Opposition Whip and he was a Whip. These are the conversations that my honourable friend Alex Norris MP is currently having, so I would not like to pre-empt them. I will also be visiting Wales to meet my counterpart in my portfolio, and I will raise that particular point.

[Baroness Hayter of Kentish Town (Lab)]

We look forward to welcoming the Minister to Wales. Can he say, more broadly than the fund, what action the Government are taking to spread growth and prosperity more evenly across Wales?

[Lord Khan of Burnley (Lab)]

My noble friend makes an excellent point. The UK Government are committed to addressing regional inequalities and supporting growth across the whole of the UK. Through the Council of the Nations and Regions, we will address this, working with devolved Governments. As well as the shared prosperity fund, we are taking other initiatives. For example, we will continue to support the four city and growth deals which cover the whole geography of Wales. Through the freeports and investment zones programme, we are delivering significant economic interventions into each corner of Wales, with freeports established in the north-west and south-west of Wales, and great progress has been made on establishing investment zones in north-east and south-east Wales. When I visit Wales, I promise that I will learn a few words of Welsh.

Leaseholders: Management Companies

Baroness Hayter of Kentish Town Excerpts

Monday 20th May 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, we have been very clear, and the Secretary of State was very clear, that we cannot support establishing a new regulatory body at this time and through this Bill. Measures in the Leasehold and Freehold Reform Bill are there to protect and empower leaseholders, along with existing protections, and work undertaken by the industry will seek to make property management agents more accountable to leaseholders who pay for their services.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I declare an interest as the chair of the Property Institute. The Government keep saying that they do not have time to implement RoPA; I do not believe it, and they could if they wanted to. In the meantime, at the request of people in the industry, I chaired the committee that set up a code of conduct; is there nothing the Government could do to at least endorse or make that code of conduct mandatory? That would help in making sure that all managing agents work to a high level.

[Baroness Scott of Bybrook (Con)]

My Lords, the Government welcome the ongoing work being undertaken by the industry, and thank the noble Baroness, Lady Hayter, for the work she has done with her group on codes of practice. We have said that we will consider any code produced by her steering group, and come back to the House.

Leasehold and Freehold Reform Bill

Baroness Hayter of Kentish Town Excerpts

Committee stage
Wednesday 1st May 2024 Lords Chamber

Finally, on covering the tasks that a new regulator must tackle, there is the option of delegating some administrative or other functions to designated professional bodies, such as the RICS, already operating for a segment of this sector. So we are ready to go. That just leaves the response that there is simply no time to amend the Bill if it is to pass before the forthcoming general election. The issue has been debated repeatedly over the last five years, and the commitment to professionalise the sector has been reiterated in successive manifestos. Have we now run out of time, or can the Minister report some success, not for the first time, in convincing her departmental colleagues to do the right thing? An independent statutory regulator for leasehold property agents would go an appreciable distance to tackling at least some of the extensive problems of the leasehold sector, and would earn the blessing of so many leaseholders who desperately need a powerful consumer ally. I beg to move.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I declare a non-financial interest in having worked with the Property Institute and other groups that have supported this area for many years. Also, as the noble Lord, Lord Best, alluded to, I chaired a committee working on one aspect of this matter, which I will come to shortly.

As the noble Lord said, it is quite unusual for this call for regulation to come not only from the consumers who would benefit but from the professionals already working in the field. It is virtually unanimous; in fact, among the organised groups, it is unanimous that this is the regulation under which they would like to work. The agencies and their representative bodies are waiting for this to happen.

As has just been described, in a way the reasons are obvious, not only outside but within this House. We know that, as was mentioned, the Best report was welcomed, I think universally; the Select Committee on Industry and Regulators has called for it to happen; and in the world outside there is still an expectation—a hope—that this might happen. A number of us want an election soon but we could even put it off—if that would be the only thing needed to get this through, we will put up with more of this Government.

It is fairly obvious that housing is not just bricks and mortar. Homes are fundamental to people’s financial and emotional well-being. Get this right, and their own quality of life improves dramatically. Get it wrong, and it is debilitating, stressful and expensive. It starts, of course, with the purchase, or indeed the sale, of a leasehold property, which is a more complicated transaction than simply buying a freehold house. So even at that stage, transparency, clarity, openness and proper explanation by estate agents are essential, and so, therefore, is the need for their expertise in these specialist areas of purchase and sale.

However, even once it has happened and you are living in the leasehold property, that can be a particularly fraught arrangement. With leasehold management there is a three-way relationship between the landlord, the resident—that is, the leaseholder or the owner—and the managing agent. Marriages with three in are always a bit complicated, but in this case, of course, you have the managing agent, who is appointed by the landlord but who has duties and, even more importantly, a close working relationship with the leaseholder. That adds an element of necessary expertise in how to handle it.

As important is the complexity of the law involved in this. It covers particular rights that are different from those associated with a freehold house. There are the safety issues, which have been well rehearsed in Committee. There are consumer issues and fiduciary duties, as well as myriad external bodies and requirements that have to be met. Frankly, managing agency is no task for an amateur. Agents need to be trained in ethics as well as the law and building regulations, and they need to be checked to ensure that they are fit and proper to handle both people’s money and their safety, and to prepare all the legal and other paperwork essential for running a complex operation. That is why we require regulation and oversight of this important profession.

As was mentioned, a code of conduct is needed across the industry, not simply to provide the requirements on agents but, importantly, to enable consumers to understand and thus to be able to enforce their rights. As the noble Lord, Lord Best, said, a cross-industry group that I had the privilege to chair and whose outcome was welcomed by the department has prepared the code and it is ready and waiting, so the work in setting up this regulatory body would be less than otherwise. It is there, ready and waiting for the legislation to make adherence to that code a legal requirement. That is the key to professionalising the industry and enhancing the experience of all who deal with managing agents—landlords and leaseholders alike.

It is not sufficient, welcome though it might be, to have an ombudsman to adjudicate and put things right when things have gone wrong. We need to prevent problems arising, which means raising standards, ensuring compliance, requiring training and qualification, and continuing professional development in a world of statutory requirements that seem to be changing, not just year by year but month by month, as is the technology involved in building, which we know about.

The Best way is the only way. Let us give the noble Lord what he has been asking for for so long and just get this report into law—let us get on with it. I am delighted to support Amendment 94.

[Lord Young of Cookham (Con)]

My Lords, I will add a very brief footnote to the excellent speeches made by the noble Lord, Lord Best, and the noble Baroness, Lady Hayter.

The point I want to make is that the market is changing. We are moving away from a position where the freehold of blocks of flats was owned by the Grosvenor estates, Cadogan Estates, the Portman Estate —professional freeholders—and they were well able to choose responsible managing agents and keep an eye on them. We are moving away from that to a position where more and more of the blocks of flats are owned by the leaseholders. It is a trend that I that I welcome—indeed, the Bill accentuates that trend—and eventually we will end up with commonhold. Against that background, it becomes even more important that the managing agents should be professional. The background is changing and the need for this is now much more urgent than it was a few years ago.

I very much hope that the Government will be able to respond to the eloquence of the noble Lord, Lord Best, and introduce regulation of managing agents. However, if they cannot, he hinted at two intermediate steps, which I think the Government might be able to take. One is requiring mandatory qualifications. As the noble Lord said, these have already been introduced for the social housing sector and could be expanded to protect leaseholders and private tenants. The second thing the Government could do, which the noble Lord also mentioned, is to introduce the mandatory code of practice, drawing on his working group on the regulation of property agents—this case was well made by the noble Baroness, Lady Hayter.

The Government could do one final thing which has not been mentioned so far. There is a government document called the How to Lease guide, and they could make that a mandatory document to be shared with consumers who purchase a leasehold property, in exactly the same way in which landlords and agents must provide the How to Rent guide to tenants. Therefore, if my noble friend cannot go the whole hog, I very much hope that she can smile warmly on intermediate steps, which might then pave the way to the final introduction of regulation of managing agents in the very near future.

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[Baroness Hayter of Kentish Town (Lab)]

My Lords, I apologise to the Committee. From what the noble Lord has said, I realise that I probably should have said that I was a leaseholder when I spoke.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to offer Green support for this clear, obvious and essential amendment, which already has strong support across the Committee.

I want to pick up a point made by the noble Baroness, Lady Hayter, about how both buyers and sellers desperately need confidence and how that confidence is utterly lacking at the moment. A lot of our discussion has focused on the problem of estate management, where there are clear and obviously pressing problems, but to focus a little on sales of properties and the need for some oversight there, I note that, last year, trading standards warned that many agents were not passing on the best offers that they had received from purchasers, as they are legally required to do, because they were getting commission fees from mortgage brokers, solicitors, surveyors and other third parties. They were choosing to go with what would produce a better result for them but a lower price for the seller. The only way that this is generally uncovered is if the would-be buyer who did not succeed in purchasing the property happens to look at the Land Registry sales price, says “but that’s less than I was offered” and creates a fuss. That is a sign of just how utterly cowboy the current situation is without regulation.

A report out yesterday noted that for 34% of the “for sale” stock on some major websites there had been an asking price reduction. People often need to sell for all kinds of reasons—including divorce, bereavement or perhaps because they need more bedrooms for extra children. These are all stressful, difficult situations where delays can cause damage and create uncertainty. We have a cowboy situation out there, and as the noble Baroness, Lady Hayter, said, the people in the industry who want to do the right thing know that there are cowboys out there who are a threat to them. Therefore, the amendment is clearly essential to making our housing sector less of a cowboy environment than it is now.

Private Rented Sector Ombudsman

Baroness Hayter of Kentish Town Excerpts

Thursday 18th January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

Of course we will work with the local authorities as the Bill moves forward. The ombudsman will complement local authority decisions and back them up.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I very much welcome the expansion of the ombudsman service. My worry about what appears to be a decision by the Government is that representatives of private tenants, which will be different from the ones dealt with already, will not get a voice if there is no open procurement. I hope the Government will look to representatives of private rented accommodation to ensure that they are involved in the choice of ombudsman so that it fits that particular client group.

[Baroness Scott of Bybrook (Con)]

My Lords, of course we will, but what is important is the tenants, who sometimes do not know where to go. In my opinion and that of the department, it is important that they have one front door and that they get the services they require.

Recall Petitions: Voter ID

Baroness Hayter of Kentish Town Excerpts

Monday 10th July 2023 Lords Chamber

Asked by

[Baroness Hayter of Kentish Town]

To ask His Majesty’s Government whether voter ID will be required for a recall petition.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, the Answer is, yes, it is set out in legislation that voter identification is required in order for an elector to sign the signing sheet in person at an MP recall petition.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, at least 14,000 people without ID were not able to vote in local elections, even on a date known to them in advance, so they had time to get ID if they did not have a passport. But recall petitions are sudden, unexpected and speedy, with no national awareness campaign. There is a petition in Scotland with just 40 days to obtain that photo ID, if you do not have a passport, and then to sign in person, as the Minister said. Three Tory recall petitions could have happened; two were saved by the MPs resigning, but one may still be to come. Given that 10% of voters are needed to trigger a by-election, anyone being unable to obtain voter ID in time makes recall less possible. How convenient for the Government. So will the Minister agree that a review is urgently needed if the recall procedure is to work as the Government first intended?

[Baroness Scott of Bybrook (Con)]

I am sorry to disappoint the noble Baroness but I cannot agree that we should look at this again; it was not long ago that we looked at all this in the now enacted Elections Bill. On the 40 days, I assure the noble Baroness that the election department has been working on the voter identification process where anyone needs a VAC. It also wrote to all the electorate about the process, giving clear instructions that people would require voter ID, and instructions on what voter ID was available for them to use and, if they could not, where they could get a VAC.