Baroness Thornhill Portrait Baroness Thornhill (LD)
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My Lords, in speaking to this group of amendments I echo the comments from the noble Lord, Lord Farmer, regarding the loss of the noble Lord, Lord Timpson, from the Front Bench.

Amendment 82 is a sound and compassionate amendment. Speaking from experience, I learned the hard way that the exchange of data between the Prison Service and local authorities with regard to placing ex-offenders does not happen as it should. I felt that the noble Lord’s comment about all local authorities taking their share is particularly pertinent, as I found out from bitter experience. To cut a long story short, I noticed a spike in homelessness and offences in certain neighbourhoods. When I dug under those statistics and spoke to the Probation Service, it turned out it was to do with the lack of homes for ex-offenders. I said, “How come it’s all congregating here?”, and they said, “Well, Hertfordshire councils aren’t very co-operative”. I then found out that only two of the 10 authorities in Hertfordshire actually co-operated and tried to work with this group of people. I am pleased to say to the Minister that they were Watford and Stevenage.

However, I fear that Amendments 86, 87 and 88 confuse a lack of action with a lack of oversight. The social housing sector is not short of reviews, strategies or regulators; what it is short of is homes. On Amendment 86, the noble Baroness, Lady Eaton, was absolutely right that every home unlawfully sublet is a home denied to someone in real housing need. We should tackle tenancy fraud whenever it occurs, but I am not persuaded that yet another review from Whitehall will tell us anything that landlords do not already know. In my experience, the challenge is not a lack of understanding but often a lack of capacity and resources.

My greatest concern is with Amendment 87. Of course we want fewer voids, faster reletting and better use of existing stock—yes, yes, yes—but this amendment seems to assume that nobody is already collecting the data, monitoring performance or holding providers to account, and I do not believe that this is true. We already have a Regulator of Social Housing overseeing governance, financial viability and consumer standards; we already have the Housing Ombudsman scrutinising landlord performance and identifying systemic failings through complaints; and housing associations and councils already operate under significant scrutiny and reporting requirements. The danger is that we mistake reporting for better performance. You really do not fatten a pig by continuing to weigh it. A national strategy will not relet an empty home and another set of metrics will not house a family; good management does that, as does investment and building more homes.

As for Amendment 88, we support strong governance, transparency and tenant representation, but those principles are already embedded in the existing regulatory framework. Housing associations are independent organisations, subject to robust oversight, not bodies waiting for Whitehall to tell them how to behave.

Therefore, while I support the objectives behind these amendments clearly and firmly, I cannot support the assumption behind them: that every challenge in housing requires another review, another strategy or another layer of central direction. The sector is already regulated, scrutinised and awash with data. What it needs is the freedom, capacity and investment to focus on what matters most: providing and managing good homes for the people who need them the most. For that reason, we oppose these amendments.

Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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My Lords, I am grateful to all noble Lords who have contributed to this debate, in particular my noble friends Lady Eaton and Lord Farmer.

A common theme has run through this group: making better use of the social housing stock we already have. The amendment from my noble friend Lord Farmer addresses the important issue of prison leavers at risk of homelessness. Stable accommodation can play a crucial role in helping individuals rebuild their lives and in reducing the risk of reoffending. His amendment rightly seeks to improve co-ordination and information sharing between agencies, and I know that the House will have listened carefully to those arguments.

Amendments 87 and 88, in my name and that of my noble friend Lord Jamieson, are fundamentally about making the best use of the social housing stock we already have. We all hear calls for more social housing, but that conversation inevitably turns immediately to building more homes. As my noble friend Lady Eaton said, new supply is important, but it will not arrive overnight. Before we ask taxpayers to fund more homes, is it not reasonable to ask whether the homes we already have are being used as effectively as possible?

We need to make better use of the homes we already have. To do that, we need a more accurate view of how many we need. When an estimated 148,000 social homes may be fraudulently occupied, there is a strong case for a national strategy that tackles tenancy fraud, reduces void periods and improves re-letting performance. The Government themselves estimate that 5,800 social homes may be illegally sublet through short-term letting platforms. There could be a lot of people making a lot of money out of that. That demonstrates why tackling tenancy fraud must be part of any serious strategy for improving the use of social housing stock. Even if that figure proves to be overstated, it underlines the importance of having accurate data and a clearer understanding of the scale of the challenge.

Likewise, we need to understand how accurate housing waiting lists are and when they were last reviewed. Circumstances change, and it is only with a timely review that a more accurate and transparent assessment can be made of the number of dwellings actually needed, as well as ensuring that the list is assessing accurate prioritisation. Without that information, it is difficult to judge how many additional homes are genuinely required and how many could be made available through better stock management.

At a time when the demand for social housing continues to grow, it is not enough simply to talk about building new homes. We must ensure that the homes we already have are being managed as effectively as possible. Too often, concerns are raised about lengthy void periods, delays in re-letting, outdated waiting lists, tenancy fraud and unlawful subletting. Every property left empty unnecessarily is a missed opportunity for a family in need. Every home unlawfully sublet is a home denied to someone on a waiting list.

Our amendment would require the Government to produce a national strategy for improving the management and utilisation of existing housing stock. It would improve transparency, requiring key information to be published on void properties, re-let times, recovered properties and enforcement activity relating to unlawful subletting. It is not about creating additional bureaucracy; it is about ensuring that landlords, local authorities and government focus on making the best use of an extremely valuable and scarce public asset.

The related amendment on unlawful subletting seeks to better understand whether current enforcement powers are being used effectively and the barriers that might exist. Before calling for ever more supply, it is entirely reasonable to ask whether the stock we already have is being managed as efficiently as possible.

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, I am grateful to all noble Lords who have spoken in this debate and to the noble Lord, Lord Farmer, for Amendment 82, which seeks to ensure that local authorities receive the necessary information and collaborate with others to support prison leavers at risk of homelessness. I echo the noble Lord’s words about my noble friend Lord Timpson. He was an exceptional Minister who brought both the discipline of running a business and the compassion that he embodies in the principles by which he runs his business to his ministerial role. He has been an incredible success as a Minister and I wish him well for the future.

This amendment is focused on an issue that my department and the Ministry of Justice recognise. Supporting people into accommodation on release from prison is critical to reducing both homelessness and reoffending. I am grateful to the noble Lord, Lord Farmer, for meeting my officials and for the work that he has done previously with my noble friend Lord Timpson on this issue. Although I recognise and am supportive of the intent of the amendment, I do not believe that it is necessary. Public bodies such as His Majesty’s Prison and Probation Service are already required to refer anyone who is homeless or at risk of becoming homeless to a local housing authority of the person’s choice.

The Government have also outlined an ambition that no one should leave a public institution into homelessness. Collaboration is key to achieving this goal. As the noble Lord said, we have committed to consulting on a duty to collaborate to compel certain public bodies to work together to prevent homelessness and support those who are at crisis point. Getting the design right will be important to ensure that public services work together more effectively to identify those at risk of homelessness as early as possible. I always get a little nervous when I read out something such as “getting the design right”, because that sometimes means a very long time thinking about it. Let us therefore be optimistic about our new Prime Minister’s pledge to end rough sleeping. We know, as the noble Lord said, that a lot of these issues lead to rough sleeping, so I hope that our PM’s pledge to end it will accelerate progress on this issue.

My department also already collects data on the number of prison leavers provided with social housing by local housing authorities on release from prison through the CORE data collection and publishes this annually. I therefore ask the noble Lord to withdraw his amendment.

I am grateful to the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson, for raising the important issue of effective use of social housing stock in Amendments 86 and 87. The Government want to ensure that social housing is used effectively and efficiently to meet housing need. Addressing illegal subletting, as Amendment 86 would, is an important element of that. However, as I have already set out, the Government are undertaking a review of social housing stock management, which will report later this year—not too long to wait for that. It will examine issues covered by these amendments, including voids, underoccupation, unlawful subletting and tenancy fraud. It would be premature to legislate for a separate review or strategy before that work has concluded. This will enable us to properly assess its findings and inform next steps.

The amendments would also duplicate existing data collection. Much of the information they seek to mandate is already collected through sources, including the CORE social housing lettings data and local authority housing statistics. New statutory reporting requirements would add limited value while placing additional burdens on local authorities and registered providers, as the noble Baroness, Lady Thornhill, outlined.

Where unlawful occupation of social housing properties occurs, the Government expect landlords to take active steps to tackle fraud and ensure that social housing is used fairly. This may include taking legal action. I was very pleased to read about a case in Hertfordshire today where technology was used to detect and convict on a housing fraud case. That will be a very useful tool in supporting this work.

On 8 July, the Government announced a new, innovative data-sharing partnership between the Public Sector Fraud Authority and Airbnb. This first-of-its-kind agreement, led by the Public Sector Fraud Authority within the Cabinet Office, will ensure that social housing properties remain there for the families that need them and are not in the hands of criminals. For those reasons, I respectfully ask that these amendments are not moved.

Amendment 88, tabled by the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson, would require the Secretary of State to publish guidance on governance standards for registered providers of social housing. It is of the utmost importance that registered providers are well run organisations and that fundamental principles such as transparency and accountability are core to all their operations. However, as I am sure noble Lords will be aware, registered providers of social housing are already subject to standards set by the Regulator of Social Housing. Specifically, private registered providers are required to meet the outcomes that are set out in the regulator’s governance and financial viability standard. This standard requires private registered providers to have effective governance arrangements that deliver their aims, objectives and intended outcomes for tenants and potential tenants in an effective, transparent and accountable manner.

Local authority-registered providers are not subject to this standard but instead are subject to a range of other governance requirements, including the statutory best-value duty. This requires them to secure continuous improvement in the exercise of their functions, having regard to economy, efficiency and effectiveness. In addition, all registered providers of social housing must meet the outcomes set out in the regulator’s transparency, influence and accountability standard, which requires that they take tenants’ views into account in their decision-making on how landlord services are delivered. Consequently, I am of the view that further governance standards set by the Secretary of State would duplicate these existing requirements set by the regulator. I therefore kindly ask the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson, not to move their amendment.

That said, the regulator is currently seeking views through its discussion document, More and Better Social Homes, on its approach to economic regulation. This includes exploration of good governance and how to regulate for it. If there are specific ideas about how to strengthen governance requirements in the sector, I encourage noble Lords to engage with this process. If anybody needs any help with that, my officials will be happy to facilitate.

Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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The Minister said that the stock management review would come before the end of the year. Can she be clearer about a timescale? Will it be in the autumn or on Christmas Eve? Will that review show the data openly and transparently so that people can assess who is doing well and who is not?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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It is a review of the practices of stock management. It is intended to flag up good practice but also look at what needs doing further to make stock management easier. I am going to say yes to the second question. To the first question, the safest that I can say is “by the end of the year”. The year ends, as far as I know, on 31 December, so it will be before that. I hope that it will be earlier than that, because we all want to get on with this work.

Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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Taking that one step further, is the Minister likely to share that with the House at that time? Obviously, I am hoping that she will still be in her place.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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Discussions will take place when the review is complete. We have had some good discussions around this in the House. It is obviously of interest to noble Lords. I am very happy to discuss it further when we get the outcome of that review.

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Tabled by
87: After Clause 18, insert the following new Clause—
“National strategy for management of social housing stock(1) Within the period of 12 months beginning on the day on which this Act is passed, the Secretary of State must publish a strategy for improving the management and utilisation of existing social housing stock.(2) The strategy must include proposals for—(a) reducing vacancy periods;(b) improving re-letting performance;(c) tackling unlawful subletting and tenancy fraud;(d) improving waiting list management;(e) addressing under-occupation;(f) tackling barriers to downsizing, where appropriate;(g) improving transparency and data collection in stock management.(3) Every local housing authority and registered provider of social housing must publish annually, in such form as the Secretary of State may direct, information relating to—(a) the number of void properties;(b) average re-let times;(c) unlawful subletting investigations and prosecutions;(d) recovered properties;(e) the date on which the housing waiting list was most recently reviewed.(4) The Secretary of State must publish and lay before Parliament an annual report summarising and analysing the information published under this section.”Member’s explanatory statement
This amendment seeks to require a national strategy to improve the management of existing social housing stock and requires social landlords to publish key stock-management data, with the Secretary of State reporting annually on performance.
Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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Based on the commitment made earlier by the Minister, I am happy not to move this amendment.

Amendment 87 not moved.