Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Baroness Manzoor Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 24th January 2018 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as this is my first contribution in Committee, I draw the House’s attention to my registered interests, namely as a councillor in the London Borough of Lewisham and as a vice-president of the Local Government Association. My noble friend Lady Lister moved Amendment 1 in great detail. I fully support that amendment and the intention behind it—as I do Amendment 3.

This issue was, as we heard, raised by my noble friend at Second Reading and deals with the situation where a victim of domestic violence has a joint tenancy with the perpetrator but wants to remain in the property and wants some security and to avoid upheaval. They need to be granted a new secure sole tenancy, rather than the joint tenancy that they have at that time. My noble friend highlighted the risk of the perpetrator remaining on the tenancy and the problem of them being able to effectively cancel that tenancy. I hope that the Minister agrees that this is an issue and will say that he will come back with an amendment on Report. I certainly fully support these amendments and the intention behind them.

[Baroness Manzoor (Con)]

My Lords, I rise briefly from these Benches to say that I fully support what the noble Baroness, Lady Lister, said. I think that it clarifies the situation for victims and survivors; it is very important that people have a right to stay in the home that they love and where their children are being brought up.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, I thank the noble Baroness, Lady Lister, very much indeed for bringing forward this amendment and for her positive engagement on this issue. I also thank the noble Lords, Lord Shipley and Lord Kennedy, and my noble friend Lady Manzoor who spoke in support of the amendment. I absolutely understand and support the intention of Amendments 1 and 3 to extend the Bill to offer protection not just to tenants seeking to escape domestic abuse but to those who remain in their existing home after the perpetrator has left. That issue was discussed at Second Reading. I absolutely support that intention.

Amendment 1 seeks to extend the Bill so that it applies where a local authority grants a further tenancy to a lifetime tenant in the same home. I listened carefully to the debate at Second Reading and I have found this further discussion in Committee very useful. Granting a further “sole” lifetime tenancy to survivors of domestic abuse who remain in their current home would go further than the original purpose of the Bill, which was to ensure that lifetime tenants were protected where they had to leave their home. However, I recognise that there is a strong, indeed overwhelming, case for ensuring that lifetime tenants who have suffered domestic abuse—I absolutely accept that usually these victims are women—and remain in their home are given the same level of protection as those who have been forced to leave. That is logical and sensible. It would safeguard against the perpetrator bringing the joint tenancy to an end—either tenant may terminate a joint tenancy by serving a notice to quit—or returning to the property. The noble Baroness, Lady Lister, made a very forceful point in that regard. It would also be in line with the Government’s wider policy of ensuring that victims of abuse and their families are provided with the stability and security that they need and deserve.

As I said at Second Reading, protecting victims of domestic abuse is a priority for the Prime Minister and the Government. However, while I am sympathetic to the intention behind these amendments, I do not think that they would work in practice as they presume that a local authority would be able to grant a secure tenancy where the tenant has an assured housing association tenancy—that is, in a property which the local authority does not own. This is because a “qualifying tenancy” in the Bill includes both secure local authority and assured housing association tenancies. This point is relatively technical but nevertheless important in terms of the amendment.

In addition, the link to removing the risk of further abuse is maintained. This may not be the most appropriate test where the victim remains in the home and the perpetrator has moved out. However, I am able to give an absolute undertaking that we will bring forward an amendment—or amendments, if necessary—on Report that will meet the intention behind these amendments and ensure that, where local authorities offer a new tenancy to a lifetime tenant in their own home, this must be a further lifetime tenancy where the tenant is a victim of domestic abuse.

I am very happy to work with the noble Baroness and other noble Lords to achieve what we clearly all want in this regard. I hope that the commitment I am giving to extend the Bill to include tenants who remain in their homes will give noble Lords and the noble Baroness the reassurance they seek. As I say, I will be very happy to work with noble Lords in this regard. On that basis, I hope that the noble Baroness will withdraw her amendment.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, Amendment 5A addresses an issue I raised at Second Reading—namely, that victims are victims and need to be protected and helped. As part of gathering evidence to satisfy a housing officer that they are a victim of domestic violence, they should not have to pay a fee. That is just wrong. One profession where this is an issue is GPs. We all respect doctors and GPs. They provide a vital service in their community, but some GPs charge for writing letters or notes that are outside their contract with the NHS, and for signing forms and things. Most GPs do not, but some do. Charging to sign letters to confirm that someone is a victim of domestic violence is unacceptable, whether it is to enable the victim to provide evidence to the housing department or to access legal aid. It is just wrong. At this stage, this is a probing amendment, but I hope the Minister agrees that this is not a practice we condone. Perhaps we can have a meeting with officials at the Department of Health and Social Care or elsewhere to see what advice and guidance they could provide to health professionals to make it clear that in these cases they should not be charging anyone for letters to confirm that they are the victim of a crime.

[Baroness Manzoor]

My Lords, I rise to support the noble Lord, Lord Kennedy. It seems a sensible and reasonable way to proceed. It seems inherently wrong that a woman who has been abused and subjected to domestic violence, who may be financially distressed because she has no money, and who finds it very difficult, has to pay a professional or any other organisation to say that she has been abused. I support this amendment and hope that my noble friend will look at it in a favourable light. If he cannot agree to this wording, perhaps there can be other wording on Report.

[Lord Shipley]

I add the support of these Benches for this amendment. This seems to us an extremely important issue. Charging in these circumstances would be unacceptable to us. I hope that on Report, or through regulations, the Minister will say something about how the problems that would be caused by charging can be prevented.