Social Housing Bill [HL]

Baroness O'Neill of Bexley Excerpts

Report stage
Monday 20th July 2026 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak to Amendment 22, which again is about transparency. I am sure the Minister is going to say again that all the information is out there, but this is actually about collating it, so that we do not have to hunt for it, and it is easy to read. I am grateful to the Local Councils Network for highlighting this issue and the gap in current reporting arrangements. This amendment would require post-disposal reporting to distinguish between homes let at social rent and those let at affordable rent. It would require the Regulator of Social Housing to publish annual data in a form that allows useful analysis over time.

This is important as, although both tenures fall within the broad category of affordable housing, they are not the same. Social rent remains the only tenure that is genuinely affordable for many households on the lowest income, while affordable rent can be set at up to 80% of market rent. If social rent homes are being sold and replaced by homes at affordable rent, it represents a significant change in the nature of our social housing stock. At present, Parliament has no way of assessing whether that is actually happening.

The Regulator of Social Housing has confirmed that it has collected disposal data since 2017 but has never published any analysis of it. As a result, although we know that more than 28,000 homes have been permanently sold out of the social housing sector since 2018-19 through disposals, we cannot establish just how many of those had been at social rent and how many had been at affordable rent. Without that information, it is impossible to judge whether we are losing the homes that are most affordable for those who need them most or whether they are being replaced on a like-for-like basis.

The regulator already collects the information that this amendment asks for, but we need the data published in a way that enables Parliament, local authorities, housing providers and the public to understand what is actually happening to our social housing stock over time. Perhaps the Minister could tell the House whether the Government see any objection in principle to the regulator publishing this information annually. If the data is already being collected, what is preventing it from being published in a way that enables proper parliamentary scrutiny?

This is quite an interesting group, and I support quite a lot of these amendments, including Amendments 17, 21, 26 and 27, which are all good. I will support the amendments of the noble Lord, Lord Young—he is not listening to me. I think he might divide the House, and I will be supporting him on Amendments 23 or 25.

[Baroness O'Neill of Bexley (Con)]

My Lords, I will continue with the brevity. I thank all noble Lords who have contributed to this thoughtful and constructive debate. Given it is my first time speaking this afternoon, I remind your Lordships of my interest as a part-owner of a rental property in Bexley and as a vice-president of London Councils.

We have heard a range of important contributions on how the disposal of social housing should be managed, and I am grateful to my noble friend Lady Coffey and to the noble Lords, Lord Stoneham of Droxford, Lord Cameron of Dillington and Lord Best, and of course the noble Baroness, Lady Jones of Moulsecoomb, for bringing forward these amendments for consideration.

First, there is the importance of transparency. Whether through the provision of additional information on sales notices, the establishment of a national register or post-disposal reporting requirements, noble Lords have rightly highlighted the need for greater visibility of what is being sold, to whom, and with what consequences for local housing provision.

Secondly, there has been a strong focus on ensuring that social housing assets remain within the sector, wherever reasonably practicable. Amendments concerning notification periods, opportunities for other registered providers to purchase properties and the development of a code of responsible disposal practice all seek to address that objective.

Thirdly, several amendments have recognised that not all social housing is the same. Homes adapted for people with disabilities, homes in rural communities and homes let at social rent all make a particularly valuable contribution to meeting local housing need. It is understandable that noble Lords wish to ensure that such properties are not lost without proper consideration of the consequences.

We have also heard persuasive arguments regarding the recycling of capital grant and the importance of replacing homes within communities from which they are lost, wherever possible. As housing pressures continue to be felt across the country, there is clear merit in ensuring that local areas benefit from local reinvestment. From these Benches, we believe that housing providers should have the flexibility to manage their stock effectively, but that must be balanced against the equally important objective of maintaining the supply of social housing and ensuring confidence in disposal decisions.

This has been a valuable debate which has explored how that balance might best be struck. I once again thank all noble Lords who have participated, and I look forward to the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am grateful to all noble Lords who have taken part in the debate on these amendments. I will now address those amendments relating to the operation of the disposals measure in the Bill. This measure is simple: it will ensure that councils and other social housing providers in the local area are notified before social homes are sold. In doing so, we hope it will do what we all want it to do, which is to maximise opportunities for other social housing providers to buy and retain social homes.

The new requirement must of course be balanced against the need to ensure that private registered providers are free to make their own responsible decisions about how to manage their assets, so they can keep their homes safe and decent and continue to invest for the long term. I am pleased that noble Lords are largely supportive of the measure, and I have been grateful for the opportunity to discuss these issues raised in Committee with noble Lords ahead of this debate.

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[Lord Best (CB)]

My Lords, I speak in support of Amendment 25 in this group of amendments in the names of the noble Lord, Lord Young of Cookham, and the noble Baronesses, Lady Watkins of Tavistock and Lady Thornhill. This amendment calls for a review of shared ownership. I emphasise that this proposed review should cover the special circumstances of shared ownership for older people.

Fortunately, the All-Party Parliamentary Group on Housing and Care for Older People, which I have the honour to chair, produced an excellent analysis of the key issues back in 2023 from our inquiry into shared ownership for an ageing population. A large section of our ageing population cannot afford to downsize to more manageable, accessible homes but will never be eligible for social housing. This squeezed middle can benefit in later life from the opportunity to move from family-sized accommodation to somewhere more compact, starting a chain of sales that help young and old alike. Savings accrue to the NHS and social care, alongside the direct benefits to the older person, but it has been a struggle to find a form of shared ownership that can be provided on an affordable basis for the less affluent home owner. The right shared ownership model could achieve this.

Homes England has devised its own older people’s shared ownership model—OPSO. The trouble is that this product currently involves an anomalous form of grant aid, which needs fixing. The OPSO grant means that, if potential occupiers can afford a 75% share, they will not be charged any rent on the 25% that remains in the ownership of the provider. This is very helpful, but the OPSO terms then stipulate that, if the shared owner can afford only 70% or less, they must pay full rent on the remaining 30% or corresponding share of the going rent. Someone who can afford only a 50% share must pay 50% rent; the combination of a 50% rent plus a significant service charge could be just too expensive for owners of middle-value homes.

Amendment 25, in its call for a review of shared ownership, needs to include the specific circumstances of older people and sort out the rather weird offering currently available from Homes England. The amendment could trigger a review that leads not just to an improvement in the amount of shared ownership housing for older people but that also means more sensible terms for the product itself—an excellent opportunity for a reset of a tenure that has much unrealised potential for young and old alike.

[Baroness O'Neill of Bexley (Con)]

My Lords, I thank all noble Lords who have contributed to this debate, particularly my noble friends Lord Young of Cookham and Lord Fuller, the noble Baronesses, Lady Thornhill and Lady Watkins of Tavistock, and the noble Lord, Lord Best. They have brought forward these amendments and highlighted the very real challenges faced by many shared owners. I thank Lucy and the many others who have shared their examples with us that have brought this to light.

This has been a valuable debate on an area of housing policy which was intended to provide a bridge to home ownership but which, for some households, has been increasingly difficult to navigate. We have heard concerns about affordability, rising service charges, the costs associated with staircasing and the difficulties faced by leaseholders whose homes may be difficult to sell or mortgage. We have also heard concerns about the loss of affordable housing stock, where shared ownership properties leave the sector altogether.

The amendments before us seek above all to shine a light on these issues. Amendment 23 focuses on gathering better evidence about unsaleable and unmortgageable homes and on understanding the extent to which affordable housing stock is being lost. Amendment 25 asks the Government to undertake a broader review of whether the shared ownership model is delivering the outcomes it was designed to achieve.

From these Benches, we continue to support the principle of shared ownership as a route into home ownership for those who might otherwise be excluded from the housing market. However, support for the principle should not prevent us from examining how the scheme operates in practice and where improvements are needed. A review of the sort proposed by my noble friend Lord Young would provide an opportunity to assess the evidence, understand the experiences of shared owners and identify any barriers preventing the scheme from fulfilling its original purpose. If my noble friend is minded to move his amendment, we shall support him. I look forward to the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am grateful to the noble Lord, Lord Young of Cookham, for tabling Amendments 23 and 25, and to the noble Baronesses, Lady Watkins of Tavistock and Lady Thornhill, for their support. I recognise the constructive and persistent way in which the noble Lord has raised issues relating to shared ownership throughout the passage of the Bill and, indeed, in previous Bills. In my responses, I in no way want to undermine the difficulties of shared owners, which I understand have caused great anxiety and for which I am deeply sympathetic. In a moment, I will come on to the work that the department is doing to provide support for some of the issues the noble Lord raised.

I turn first to Amendment 23. Shared ownership landlords are independent bodies and decisions about the repurchase of individual homes sit with them. However, landlords already have the option to buy back homes, including where shared owners are unable to sell due to building safety issues. Landlords can already use their recycled capital grant funding to cover up to 100% of the cost of that.

Furthermore, allocating social and affordable homes programme grant funding for use on shared ownership buybacks would not be conducive to the core strategic objective of that new programme, which is to maximise supply, particularly of social rent homes. We expect landlords to set out any buyback policies, or confirm if they do not have one, on their websites. Ultimately, the solution for those struggling to sell their homes due to building safety issues is the remediation of unsafe buildings.

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[Baroness Teather (LD)]

My Lords, I too was very pleased to add my name in support of the amendment tabled by the noble Baroness, Lady Neate. I want to also say a few remarks about the other amendments that we support in this group, and I will turn to them in a moment. Again, I will not repeat what the noble Baroness, Lady Neate, has so ably laid out, but I want to follow up the point from the noble Baroness, Lady Lister of Burtersett, that we would be pleased to hear a commitment from the Minister about what the Government will do if the guidance proves to be ineffective, how they will monitor whether it is effective and what the back-up plan is.

I think we are all of one mind that we want to see action on this point. Without action on it, that risks undermining the good work that the Bill lays out on support for victims of domestic violence. To leave one huge hole in the Bill would be very disappointing, and I know that the Minister is very committed to tackling this issue of financial abuse.

Briefly, we on these Benches also support Amendments 28 and 29 in the name of the noble Lord, Lord Best. I note in particular on Amendment 29 that it is not just a nice to have. The point is that there really is legal ambiguity; housing associations say that, without this legislation, they are in a difficult position if they are to be able to fulfil their legal obligations. The noble Lord indicated that the Minister has said that she is very sympathetic to this point, and I really look forward to hearing what she says on how she will meet the requests of housing associations there.

Finally, we welcome the expansion of scope in laying out and making sure that these provisions apply to other forms of abuse including, for example, sibling abuse or child-to-parent abuse. These are made available by the amendments that the Government have tabled here. We really welcome that change.

[Baroness O'Neill of Bexley (Con)]

My Lords, I am grateful to all noble Lords who have contributed to this debate. I begin by thanking the Minister for the constructive approach that she has taken throughout consideration of the Bill and for listening to concerns raised from across the House on the provisions relating to domestic abuse. I know that a number of noble Lords highlighted situations where abuse does not occur solely within a current or former intimate relationship but can also involve wider family members, including circumstances where children abuse parents, parents abuse children or other family members within the household are victims.

It is therefore welcome that the Government have reflected on those concerns and brought forward amendments which broaden the scope of these protections. The objective must always be to ensure that victims are protected and not left at a disadvantage, simply because their particular circumstances do not neatly fit within a narrower definition.

During Committee, we also raised concerns about the practical operation of these provisions and over the timescales involved in securing outcomes through the courts. While it is right that safeguards are in place, it is equally important that victims are able to obtain protection without unnecessary delay. I hope that the Government will continue to keep the implementation of these measures under review to ensure that they achieve their intended purpose in practice as well as in principle.

We have also heard valuable contributions on the amendments tabled by the noble Lord, Lord Best. The proposed duty to ensure continuity of tenancy for those forced to move because of threats of targeted youth or gang violence raises an important issue. Nobody should face the prospect of losing the security of their tenancy because they are compelled to move for the safety of their family.

Likewise, the amendment concerning access for registered providers to undertake essential safety inspections addresses a long-standing and very practical problem. Social landlords have a significant statutory duty in relation to gas safety, electrical safety and smoke and carbon monoxide alarms. Where access cannot be obtained despite reasonable efforts, there needs to be a proportionate mechanism that can protect both the rights of tenants and the safety of the residents. This amendment seeks to establish a clear framework for achieving that balance.

This debate is therefore united by a common theme of ensuring that the law provides appropriate protection, whether for victims of domestic abuse, tenants facing serious threats to their safety or residents whose well-being depends upon essential safety checks being carried out. I again thank all noble Lords for their contributions and the Minister for her engagement on these issues.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am grateful to all noble Lords who have taken part in this debate, including the noble Lord, Lord Best, the noble Baronesses, Lady Warwick, Lady Neate, Lady Lister, Lady Teather and Lady O’Neill. I will be moving government Amendments 30 to 75; noble Lords will be pleased to know that I will move them en bloc and not one at a time.

This Bill introduces important changes to give greater security and stability to social tenants who are victims of domestic abuse while giving landlords stronger powers to take action against perpetrators. While these protections have been warmly welcomed, we have listened closely to the legitimate concerns raised that the Bill’s protections, which focused on abuse involving a resident partner or that partner’s resident family member, are too narrow. They risk excluding victims of familial abuse in non-partner relationships, such as abuse between adult parents and adult children, siblings or other relatives. The government amendments close that gap. I especially thank my noble friend Lady Hyde for her engagement on this issue.

The amendments align the Bill’s provisions more closely with the Domestic Abuse Act 2021. by focusing on the victim who is personally connected to the perpetrator tenant and who occupies the home or has had to leave because of the abuse. They additionally make a number of consequential changes to who the court should consider when examining reasonableness under the discretionary ground or approving suitable alternative accommodation in joint tenancy cases. These amendments will deliver a fairer outcome for victims of familial domestic abuse. They demonstrate our Government’s commitment to engaging with the House and stakeholders, and to strengthening the Bill where there is a clear case to do so.

Commenting now on Amendment 28, I am grateful to the noble Lord, Lord Best, for tabling this amendment. It raises the serious issue of how the housing system responds when an existing social housing tenant needs to move urgently for their or their household’s safety. I thank the noble Lord for his constructive engagement with me on this issue. I also thank Helen Hayes MP; it was truly shocking to hear of the circumstances of her constituent, Georgia, and the shocking murder of Georgia’s son, Damarie Roye.

I agree that social housing tenants should not have to choose between their personal safety and the security of their home. There are existing protections: the social housing allocations framework requires that, where people need to move on welfare grounds, they must be given reasonable preference for social housing. Statutory guidance encourages local authorities to give additional preference to those fleeing violence. The Renters’ Rights Act will strengthen security of tenure for social housing tenants on assured tenancies from October 2027. However, I recognise the importance of considering whether we can go further to ensure that those who need to move for safety do not lose the security and associated benefits of their tenancy, which may have been built up over a number of years.

We need to consider carefully how any new duties on landlords would operate, particularly in assessing whether there is a threat to safety and where a landlord does not have suitable accommodation. We believe that further work is needed before any solution to this policy issue can be put forward. I have asked officials to explore this matter at pace, and we are keen to continue discussions with the noble Lord, Lord Best, and stakeholders on possible solutions, ahead of the Bill moving to the other place. I hope the noble Lord will understand how committed I am to ensuring that nobody should have to choose between their safety and their tenancy.

I also thank the noble Lord, Lord Best, for Amendment 29, which seeks to introduce a statutory route for registered providers of social housing to gain access to homes to fulfil their statutory safety duties. Since he last introduced this amendment, we have had a helpful discussion about these issues and my officials have been working closely with sector bodies. I recognise that there is growing concern from the sector that a lack of legal clarity leaves it unable to conduct necessary tests and repairs, and risks tenant safety.