Renters’ Rights Bill

Debate between Baroness Lister of Burtersett and Lord Fuller
Monday 7th July 2025

(1 week ago)

Lords Chamber
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Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I will speak briefly against Amendment 61. It is well-meaning, but I am afraid it is a blunt instrument full of unintended consequences. I do not deny that to require a guarantor for most tenancies is disproportionate and unnecessary, and the Bill makes welcome provisions to regularise what has become standard practice for the most part. However, I want to alert your Lordships’ House to some perverse consequences for three particular types of potential tenant who are among the quietest voices: the foreign student; the groups of students; and those with impaired reputation or difficult personal circumstances. Guarantees make the unrentable into rentable, in some cases. It makes opportunities exist when refusal would otherwise be the only other choice.

Let us dwell for a moment on the case of the foreign student. The foreign students come from far away; they have no reputation, there is no covenant strength and they may not even have arrived in the United Kingdom. They certainly do not have a UK bank account at this point and they probably do not have a UK mobile phone either. In many cases, the only way in which they can secure a property to live in before they arrive is to have the support of a guarantor; a guarantor allows them to have a roof over their head.

Then we have the groups of students. I refer to the case of my daughter, when she went off to Newcastle. There were seven students who were friends, although none of them really knew each other that well; they certainly were not related to each other, and there were no family bonds to tie them, whereas the Bill contemplates that the tenant is a single tenant. It is quite reasonable for a landlord renting to students, if they cannot have payment in advance—I will not talk about that because we discussed that on day one of Committee—to require some sort of guarantor so that the downside risks can be compensated. Not all students want to live in expensive halls of residence; they are disadvantaged at an early part of their lives.

Let us think also about those with an impaired reputation—people who may have left prison or are suffering from domestic abuse or family breakdown. I have been a guarantor for hundreds of families in these sorts of situations, but the Government seek to make my well-meaning interventions unlawful. Let me explain. Sitting in your Lordships’ House, I see the Minister and my noble friend Lord Jamieson who, like me, have been leaders of councils. We know that councils, in certain circumstances, have to step in to avoid homelessness. We know there are not enough registered social landlords and that the private sector landlords are our friends—they are part of the solution, not the problem. However, we cannot expect the private sector landlord to be the only one who takes a chance to get that person, who may have become homeless, a roof over their head.

In common with many other councils, my council—and I am proud that we pushed this hard—went for guarantees. We stood as guarantor for somebody in difficult circumstances so that the private sector landlord, who was prepared to take a chance with us, could provide a home. This is an essential part of managing a housing market. It is all about supporting the most vulnerable. It works; it is a success. If you have been a council leader—I am sorry that I failed to identify the noble Baroness, Lady Scott, who has also been a council leader in these circumstances—this is about helping families get back on their feet.

In considering Amendment 61, I ask noble Lords: in what universe can this misdirected, misguided and counterproductive amendment help those with the quietest voices get a roof over their heads? Providing a guarantor is the way in which the unrentable can rent, and there is nothing fair about keeping people in bed and breakfasts if they could, via a guarantor, be housed. I cannot support this amendment.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I am pleased to support my noble friend Lady Kennedy of Cradley, and I am grateful to her for taking over the amendment. She is much better placed than I am to speak to it, and has done so very persuasively. The noble Lord, Lord Fuller, called it a blunt instrument and was hyperbolic in his description of the amendment. According to Shelter, the Bill and this amendment would restrict the scenarios in which a landlord can legitimately request a guarantor to those in which a prospective tenant cannot prove that the rent is affordable to them.

So it does not seem to me that the amendment excludes the groups that the noble Lord described. If it does so, then perhaps we can have a refined version of it, but the fact is that there are problems without an amendment of this kind. My central argument in Committee—

Lord Fuller Portrait Lord Fuller (Con)
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The noble Baroness talks about the burden of proof. In the three examples I gave, proof is not available. I can understand the intent and the well-meaning behind Amendment 61, but if it is to form part of the Bill, noble Lords need to ask themselves how those people in difficult circumstances are going to demonstrate the proof. They cannot, so a guarantor is the only way forward.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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This amendment does not preclude the use of guarantors; it just limits their use. I will leave it at that. As I said in Committee, if there is a better way of doing it, then fine—perhaps the Government could bring forward an amendment that ruled out any unintended consequences. I am not convinced that there are any—but anyway.

Renters’ Rights Bill

Debate between Baroness Lister of Burtersett and Lord Fuller
Tuesday 1st July 2025

(1 week, 6 days ago)

Lords Chamber
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Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, in my Second Reading speech, I drew attention to the role played by high housing costs in driving poverty. I was thus pleased to add my name to Amendment 114, tabled by the noble Baroness, Lady Grender, although I am supportive also of the other amendments in this group and hope that what I have to say will add to the case for them too.

Evidence from the Joseph Rowntree Foundation illustrates the extent to which high rents in the private sector are associated with poverty. Shockingly, it points out that around

“half of private renters were only in poverty after their housing costs were factored in”.

Two more reports specifically on child poverty, published this year, reinforce the point. The first, by IPPR, argues that:

“Housing costs are core to understanding child poverty”.


It notes that the number of children counted as in poverty is about a third higher when housing costs are factored into the measure, and that the private rented sector has become increasingly significant in the lives of children.

The second report was co-published by IPPR together with CPAG—of which I am honorary president—and Changing Realities, which involves people with lived experience of poverty. The report observed that rent increases are

“stressful for families to manage, and … the Renters’ Rights Bill as currently drafted will continue to enable large increases in rent … providing they are deemed to reflect ‘market rents’”—

a point made by the noble Lord, Lord Best. It suggests that this

“risks exposing tenants to sudden and unaffordable hikes in housing costs, undermining the Bill’s stated aim of providing greater security and fairness for renters”.

The report quotes one tenant:

“I’m getting really worried about my rent going up this year. It keeps rising every year yet the local housing allowance is frozen for this year! … It’s frightening”.


Both reports underline how the situation is aggravated by freezes in the local housing allowance and by the operation of the benefit cap, which hits larger families and/ or those paying higher rents in particular. As the amendment states, any review of rent affordability must include in its remit the effectiveness of policy interventions to improve affordability relative to incomes. I would argue that this would need to include policies on the incomes side, which are making it impossible for some families to meet their rent commitments alongside other essentials.

This seems to me a very modest amendment that would complement the Government’s welcome commitment to an ambitious child poverty strategy. I know that the Child Poverty Taskforce is aware of the importance of housing to the strategy, but it is unrealistic to expect it to carry out the thorough review of rent affordability proposed in the amendment.

I hope, therefore, that my noble friend will be able to give a more positive response than the one she gave in Committee, which I found rather disappointing. What is needed is something more robust and holistic than the regular monitoring to which she referred, important though that might be. A review of this kind would be in the spirit of the Bill and would help to ensure that its impact is not blunted by the continued damage created by excessively high rents in the private sector.

Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I rise briefly to try to understand what the definition of rent is if we are going to control rents or somehow curtail them or attenuate the increases.

One can see the base rate just by googling property websites. It is a good idea to get a feel for the cost of a basic, low-cost, unfurnished property in the worst part of town, but that is not necessarily the market price, which is determined by a number of factors: the property may be furnished; it may be serviced accommodation; there may be porterage; there may be other benefits— I am not going to go as far as swimming pools and gyms, but I know they are available in some circumstances. Parking would be another one. All these different elements have different cost pressures and inflationary increases, which may be determined by factors outside the landlord’s control. A property that has inclusive parking may become significantly more valuable, one could anticipate, if the local council applies permits on the streets around it.

I am tempted to support Amendment 25, but I am reluctant to do so because at the moment all these extras are rolled into the single price. The logical conclusion of where this debate is going is that we will get menu pricing, rather as we see on low-cost airlines. There may be an attractive flight—£5.99 to fly to Spain or whatever—but by the time you add in the baggage, the booking fee and everything else, it rolls up to a significantly higher value. My noble friend Lord Young of Cookham made the point that the risk of the price going up over the four-year period may be somewhat attenuated, but those extras amounting to what I would call the landed price, or total cost of ownership, could vary accordingly.

Another significant point that we need to take into account is that there may be Section 20 repairs or improvements, particularly in the case of furnished accommodation where the landlord is prepared to improve and upgrade the fixed furnishings, such as tables and chairs and possibly soft furnishings as well. All of this complicates what is a rolled-up figure at the moment. The logical conclusion is that all those extras are going to be disaggregated and obfuscated, so it is going be harder to compare for the potential tenant. But it is going to be essential for the landlord to obfuscate in this way in the circumstance of a First-tier Tribunal appeal, which is really concerned with the underlying rent—that £5.99 figure. It is very difficult.

I have a huge amount of sympathy with the amendment of the noble Lord, Lord Best, but I cannot support it because I think the logical conclusion of it will be that we will get a fragmentation of the landed rent so that the tail wags the dog. The landlord will be so focused on restricting the base rate that those other things will get lost.