Police, Crime, Sentencing and Courts Bill

Debate between Baroness Jones of Moulsecoomb and Baroness Kennedy of Cradley

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 292H in particular. It is a bit of a stretch to have included Amendment 292J, which has been clearly explained, in this group, but I support it as well. I am afraid the inclusion of Amendments 320 and 328 has caught me out, because I know that my noble friend Lady Bennett would have liked to have spoken on those.

On Amendment 292H, it has been extensively reported that, despite the Protection from Eviction Act, the police routinely fail to assist tenants against illegal evictions. Part of this, as the noble Baroness said earlier, is lack of police, but it is also lack of training on this Act. Many police wrongly conclude that this is a civil matter and not a criminal one. As we know, this could not be further from the truth, and I hope the Minister can confirm that the police have power of arrest to prevent an unlawful eviction, so that we are all completely clear.

This has been a problem for quite some time, and it will only get worse in the coming months as winter comes on and Covid protections against evictions lift. Many frustrated landlords will want to kick people out of their homes, and some will knowingly or unknowingly try to evict without following the correct procedures. So I hope the Minister can confirm that police have power of arrest and that the Government will outline what is being done to ensure that the police properly protect tenants.

[Baroness Kennedy of Cradley (Non-Afl)]

My Lords, I support Amendment 292H and declare my interest as director of Generation Rent. I also add my voice in support of Amendment 292J in the name of the noble Lord, Lord Hunt of Kings Heath, and others. As my noble friend Lady Blake of Leeds said, it is a criminal offence under the Protection from Eviction Act 1977 for a landlord to try to evict a tenant themselves. Local authorities and police officers have a crucial role to play and have the powers to stop illegal eviction and to prosecute offenders. However, the law on illegal evictions is not enforced nearly as much as it should be. Generation Rent research has shown that less than 2% of cases result in a prosecution.

As the noble Baroness, Lady Jones, said, there are too many instances where a tenant calls the police for help with an illegal eviction, only to find that the police officer dismisses the issue as a civil matter, despite it clearly being a criminal act. This was highlighted very well in a 2020 report by Safer Renting, a charity which helps tenants enforce their rights. If the Minister has not read it, I urge her to do so. In London in 2018, for example, there were 130 cases of homelessness due to an illegal eviction, but only 14 incidents were recorded by the police.

We need a stronger partnership between the police and local authorities to combat this serious crime. Requiring co-operation and sharing of relevant information by police forces is necessary. This amendment will help secure that co-operation. In addition, more needs to be done to reset police attitudes to illegal evictions, with better training of police officers and call handlers so that they know how to respond correctly when a renter is being illegally evicted. We need better data recording and the publishing of that data on incidents between landlords and tenants. Authorities need the powers that currently exist with regard to enforcing safety standards and licensing to demand documents from parties of interest to cover investigations into illegal evictions. The sentencing guidelines should also be addressed; only two of the 10 fines handed down in 2019 were of more than £1,000. Fines can even be lower than the £355 it costs to make a legal claim for possession through the courts. They are far too low to act as any real deterrent to the crime.

Illegally evicting someone is a grave offence, and it affects the most vulnerable renters. Amendment 292H is a step forward. It will improve enforcement of this crime through ensuring that closer working relationship between the police and local authorities which is necessary for proper enforcement and prosecution.