Social Housing Bill [HL]

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
Monday 20th July 2026

(1 week, 3 days ago)

Lords Chamber
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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.

Social Housing Bill [HL]

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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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 Portrait Baroness Taylor of Stevenage (Lab)
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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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Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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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 Portrait Baroness Taylor of Stevenage (Lab)
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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 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. 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 Portrait Baroness Taylor of Stevenage (Lab)
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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.

Social Housing Bill [HL]

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
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 participated in the debate and, of course, to the Minister for her response. I especially mention my noble friend Lord Evans, as he saw this as an important debate to make his first contribution in.

The discussions highlighted an important point. Although much attention is devoted to increasing housing supply, making best use of the homes that we already have has to be equally important. The amendments in the group have approached the challenge from a number of angles, including regeneration, supported housing, stock management, fraud prevention and the utilisation of vacant properties. Although they focus on different aspects of the system, they all ask whether existing housing assets are being used as effectively as they could be.

I remain particularly concerned that, at a time when housing waiting lists remain high, we should do everything possible in our power to ensure that social housing properties are occupied by those who are entitled to them and that homes do not remain vacant for longer than necessary. I appreciate the Minister’s comments about turnaround times and look forward to seeing that information. Effective management is not an alternative to new supply, but it is certainly an essential component and should not be forgotten.

I was interested in the discussion around regeneration. Done well, regeneration can improve housing quality, strengthen communities and increase housing supply simultaneously. It is therefore important that the Government continue to think strategically about how existing estates can contribute to meeting future housing need. The need may change. It is not easy. We all know that, at the start of a regeneration project, you have decamped people. If you have not got the empty homes, it is difficult to make that happen.

On Amendment 116, tabled by the noble Lord, Lord Bird, concerning empty homes, I agree that long-term vacant properties can represent a missed opportunity, particularly where housing need is acute. However, I sound a note of caution. Property rights remain an important principle. We should be careful about any approach that assumes that the state should have an ever-expanding role in determining how privately owned homes are used. The challenge is to strike the right balance between encouraging properties back into use and respecting legitimate private ownership. That does not mean that we could not address the empty ones in social housing—about 92,000 homes, according to the House of Lords Library.

I thank my noble friend Lady Eaton for her contribution and hope that we can work together ahead of Report to tackle fraud in the social housing system. We need to make use of the powers and encourage others to use those powers. We know that, in a lot of these cases, these are the tenants who are not going to raise their head above the parapet because they are not going to want to be seen. I heard of a case at the weekend in which a key worker thought that they were privately renting a property for £2,000 a month but had a knock on the door from the council. It was actually a council property, costing the council tenant £800 a month. Someone is making a nice amount of money while the wrong person is living in the property. We need to concentrate on this.

I have listened carefully to the Minister’s response and will reflect on the points that were raised in the debate.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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Rather than the noble Baroness waiting for a letter from me, I can give her the answer to her question about the time spent between tenancies now. It is a median of 30 days.

Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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I beg leave to withdraw my amendment.

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Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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My Lords, I thank all noble Lords who have contributed so thoughtfully to this sensitive and highly important debate. As my noble friend Lady Scott said at Second Reading, we welcome the Government’s efforts to empower landlords and the courts to protect all victims of domestic abuse.

I thank the noble Lord, Lord Best, for his amendments, which focus on the issues concerning tenants’ safety. His Amendment 61 asks us to consider threats to personal safety due not only to domestic abuse but to escalating disputes with neighbours or targeted youth and gang violence. It is right that we consider how tenants can be protected from those other threats, and Amendment 62 seeks to give providers greater powers to carry out legally required safety checks. I hope the Government will give those amendments their due consideration.

Amendment 63, in the name of my noble friend Lord Holmes of Richmond, seeks to ensure that vulnerable groups such as older tenants, veterans, care leavers, disabled people, those with mental health conditions and families with children in temporary accommodation have the necessary statutory provision. We will also touch on prioritising veterans in another amendment later today, but my noble friend is right that we should consider the specific needs of these groups too, and that we expect local authorities to do so as well.

Amendment 65, which is in the name of the noble Baroness, Lady Neate, and was responded to by many others, raises a very important issue. I am grateful to noble Lords who have spoken on this. Victims of financial abuse should be protected, not prevented from bidding for social housing. I would be interested to hear from the Government how that could be implemented by working together with local authorities, and how we can ensure that such protections are not themselves abused.

Amendment 64, in my name and that of my noble friend Lord Jamieson, seeks to ensure that the court system has the capacity and resources to effectively determine whether domestic abuse has taken place within a household with a social housing tenancy, an issue that a few of the speakers referred to. Court readiness was debated at length in relation to the Renters’ Rights Act, and it is important that the Government ensure that landlords and courts are ready for these changes too, so that victims are protected effectively.

Amendment 108, also in my name and that of my noble friend Lord Jamieson, raises the issue of which local authority is responsible for safeguarding needs when a tenant is moved out of an area of one local authority to another. Our amendment suggests that, where a local housing authority secures accommodation for tenants outside its area, that authority retains responsibility for safeguarding oversight and the costs involved. We welcome the insights of other noble Lords on this issue and what scenarios must be taken into account, but I hope the Minister will look into it and how the Bill could address it. I look forward to her response.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, I thank all noble Lords who have taken part in this very thoughtful debate on these amendments. I start by thanking the noble Lord, Lord Best, for tabling Amendment 61, which addresses an important issue around the safety and security of tenants facing violence. I am very sympathetic to this amendment’s aims to protect all tenants of social housing providers registered with the Regulator of Social Housing and thank the noble Lord for bringing this important issue forward. I want to be clear that tenants should never fear losing their security of tenure if they need to move because of the threat of violence and abuse.

While I am supportive of the intent of the amendment, as drafted it will mean a fundamental shift in the role of the Regulator of Social Housing as currently set out in statute. The regulator’s statutory remit does not include intervening in individual tenancy decisions. The regulator focuses interventions on systemic issues, and this amendment would change this and risk cutting across established principles of regulatory best practice. Furthermore, the consumer standards set by the regulator already place on registered providers several requirements relevant to this amendment, including to work with partners to support victims of domestic abuse and to demonstrate how they deliver the outcomes of these standards.

In addition, there is already legislation in place that seeks to protect people at risk of violence in need of urgent rehousing. If a local authority grants a victim of domestic abuse a new tenancy for reasons connected with the abuse, it is required to give former or existing secure tenants another secure lifetime tenancy rather than a fixed-term tenancy. The social housing allocations framework dictates that where people are homeless or need to move on welfare grounds and apply to be rehoused through a local authority waiting list, they must be given reasonable preference—priority—for social housing. By extension, these protections can also engage private registered providers through the duty to co-operate with their local authority in housing people with priority. Homelessness legislation is also clear that, where appropriate, victims of serious violence are able to access support from homelessness services should they need to relocate, and that a vulnerable victim of domestic violence has priority need for accommodation.

Measures in the Bill to protect victims of domestic abuse also seek to achieve a similar aim to this amendment by ensuring that a joint tenant remains housed either in their original home or in suitable alternative accommodation where this is available. While it does not oblige a registered provider to act, it does empower it to do so. I therefore ask the noble Lord to withdraw his amendment. However, I recognise that this is an important issue and have asked my officials to consider this matter further. I or my officials or both would be happy to meet the noble Lord before Report to discuss this matter.

I also thank the noble Lord, Lord Best, for Amendment 62, which would introduce a new statutory route for registered providers of social housing to gain access to homes to meet statutory safety duties. I absolutely recognise the importance of ensuring that landlords are able to carry out essential safety checks, including gas and electrical inspections, and to ensure that smoke and carbon monoxide alarms are installed and functioning properly. I also recognise that access to homes is a growing concern. However, I am not persuaded that creating a new statutory access route is necessary to achieve this.

Landlords already have established routes for enabling access to homes. In addition, the Landlord and Tenant Act 1985 and the Housing Act 1998 imply a right of access to tenancies where landlords are required to meet repairing obligations. Where a tenant refuses access, landlords can seek to remedy this through an injunction from the court. I reassure the Committee that, following a joint consultation with the Ministry of Justice on housing disrepair claims, we are currently analysing the responses to deepen our understanding of how the current process works, including what does not work or is unclear, so we can make sure that that process is as effective as possible.

Extending the needs of landlords to enable them to force access must be balanced, of course, against tenants’ existing rights, including the right to respect their private and family life and their home under Article 8 of the ECHR. Where a landlord has taken appropriate steps and cannot gain access, the Government made it clear in our response to the decent homes standard consultation that guidance will set out steps providers should take, and we will work with the sector and tenants to develop this guidance.

This amendment would introduce a separate, highly prescriptive statutory process alongside the existing routes and work we already have under way to consider access to homes for emergency safety reasons. In particular, the provision to authorise the use of reasonable force raises concerns about tenants’ rights and the potential impact on their sense of security in their own home. The amendment would also impose detailed procedural requirements that could reduce flexibility and delay action where timely access is needed to meet critical safety obligations. However, I recognise that this matter needs further consideration, so I intend to convene interested stakeholders to discuss access in emergency situations and identify the next steps.

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Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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My Lords, I thank my noble friend Lord Fuller for raising the important subject of adapted social housing. As we have argued throughout this day of Committee, we must improve how we manage the existing stock of social housing by making better use of what we have and what is being built. It strikes us as entirely sensible that, where possible and appropriate, homes that have been adapted are then given to applicants who would also benefit from those adaptations. That would save social housing providers money and ensure that we made the best use of resources and housing stock. I look forward to the Minister’s response and any details that she might be able to give us on how it might be implemented.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, we seem to have wandered a long way this evening from the straightforward purpose of the Bill: to adjust right to buy, to give confidence to local authorities to deliver social housing, and to protect domestic abuse victims. Anyway, I thank the noble Lord, Lord Fuller, for his amendment. He says he is disappointed. I have probably been disappointing the noble Lord, Lord Fuller, for most of the last 15 or so years that we have known each other, so I am just carrying on in that vein, I am afraid.

We recognise how important home adaptations are in enabling disabled people to live as independently as possible in a safe and suitable environment. Disabled facilities grant funding helps adapt over 55,000 homes annually, helping disabled people and their families live independently, reducing demand for health and social care support. It is also important that local authorities make the best use of the homes they have available, particularly any adapted properties.

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Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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My Lords, I am grateful to noble Lords who have contributed to this group. Amendment 90, in the name of my noble friend Lord Fuller, seeks guidance on the social responsibilities and purposes of social housing providers. As we argued in our Amendment 108, we need to understand the other responsibilities that providers have towards tenants and the boundaries that exist. My noble friend’s amendment is very similar to our Amendment 109; it is clear that we are united in our priorities, but we can look at the drafting more closely ahead of Report.

Community engagement brings me to Amendment 103, in the name of my noble friend Lord Holmes of Richmond, which proposes tenant board representation of at least one-fifth, as well as mandatory tenant advisory panels for the codesign of allocation policies and a requirement to publish complaints data by protected characteristic. We agree that tenant voices should be heard, with their dreams and aspirations for the places and communities in which they live. That is admirable and we welcome the intention behind the amendment.

I turn to the amendments in my name and that of my noble friend Lord Jamieson. Amendment 110 seeks a wider review of governance arrangements for social housing providers. This includes board composition, tenant representation and the role of elected councillors, but also their accountability to local communities, scrutiny arrangements and performance information. This is crucial. Community engagement should not be a box-ticking exercise or tokenistic; it should be rooted in existing democratic structures.

Amendment 111 would enable local authorities to require senior housing association representatives to attend scrutiny committee meetings. In my experience, I could always rely on my good relationships with local housing association representatives, but we realise this is not the case for everyone. Although we have argued for the independence of housing associations to be recognised, this should not prevent associations being held accountable to local elected representatives and having constructive conversations.

Amendment 112 would require housing associations to publish quarterly performance information, including performance in relation to repairs, complaints, tackling anti-social behaviour, tenant satisfaction and void properties. This would be useful both for tenants and for local authorities, and for the associations themselves to help focus on areas for improvement.

Finally, Amendment 115 would empower social housing tenants to request an inspection from the Regulator of Social Housing. The Secretary of State could make regulations outlining the grounds on which this could be requested, including how many tenants would be required to support such a request and in what circumstances a request could be refused. We believe this is a balanced approach but one that is tenant-led. We hope that we can work together with noble Lords to finalise amendments to be brought forward on Report. I would be interested to hear the response of the Minister to those amendments.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, this group of amendments concerns a range of mechanisms to strengthen the tenant voice and engagement across the social housing sector. It is a bit odd, as the noble Lord, Lord Stoneham, said, to be in this parallel universe where the Conservative Benches are arguing for more regulation—I find that a bit strange.

Matters relating to tenant voice and engagement are already central to the Regulator of Social Housing’s existing consumer standards. The regulator’s approach is proactive and outcomes-based, setting clear standards that providers must deliver, while allowing flexibility on how those outcomes are achieved. On that basis, my concern is that a number of these amendments would introduce new statutory requirements that would duplicate or cut across the existing regulatory framework. This would result in unnecessarily prescriptive requirements and potential confusion for the sector, without materially improving outcomes for tenants or communities.

I turn briefly to Amendment 90, tabled by the noble Lord, Lord Fuller, and Amendment 109, tabled by the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson. I am not persuaded that additional statutory guidance from the Secretary of State is necessary. Core elements of these amendments and any subsequent guidance are already central to the regulator’s regulatory standards.

The consumer standards require providers to deliver safe and well-managed homes, to engage with tenants and take their views into account, to work with partners to tackle anti-social behaviour, and to support the well- being of the communities in which they operate. The regulator already has the power, through Section 195 of the Housing and Regeneration Act 2008, to issue codes of practice on matters relating to its consumer and economic standards. These can be used to amplify requirements that registered providers must deliver, and the regulator exercised this power in 2024 in relation to consumer standards.

The amendment from the noble Lord, Lord Fuller, raises the question of the balance between the development of new supply and the social responsibilities of registered providers. If he has not been notified of this, on 9 June, the regulator published a discussion document, More and Better Social Homes, which explores how the regulatory framework can be adapted to support the delivery of more and better social housing. I hope the noble Lord is reassured that the objectives behind the amendments are already central to requirements placed on registered providers by the regulatory standards and is content to withdraw.

On Amendment 110, tabled by the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson, I recognise the importance of governance underpinning effective services for tenants. However, as I said, the regulator already has a proactive role in assessing how far providers perform for their tenants, including through the regulation of consumer standards and routine inspections. The areas identified in the amendment, including tenant voice, accountability, transparency and performance, are already core components of the framework.

I turn to Amendment 111, tabled by the noble Baroness, Lady O’Neill. While oversight of registered social housing providers is important, it would be disproportionate to require a senior officer of a registered social housing provider to attend a local authorities’ overview and scrutiny committee. However, the Government will keep this under review, as part of the conversations we are having on local scrutiny committees, given their larger geographical footprint. It is important to establish scrutiny at the appropriate level. Imposing a statutory duty at local authority level, when a similar and more flexible function is being introduced at mayoral level, would be duplicative and may be unnecessary.

On Amendment 112, also tabled by the noble Baroness, Lady O’Neill, I recognise the importance of landlords being transparent and accountable to their tenants in supporting tenant voice and accountability. To that end, registered providers are already required to publish information through the tenant satisfaction measures. These measures have been carefully designed to ensure that tenants have the information they need to hold their landlords to account, and to ensure consistency across the sector while balancing the burden on landlords. In addition, private registered providers already submit data to the regulator through the annual statistical data return, and local authorities provide that information through the local authority housing statistics. We do not consider it necessary or proportionate to mandate the publication of quarterly void property performance metrics. This would introduce additional reporting burdens without any clear benefits to tenants.

Sustainable Drainage Systems

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
Thursday 11th June 2026

(1 month, 2 weeks ago)

Lords Chamber
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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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I understand the noble Lord’s point, but the substantial cuts to local government funding imposed by the party opposite mean it has been very difficult for local authorities to fulfil all the functions they need to undertake. Our local authorities understand that it can be devastating for households and communities that are affected by flooding, particularly where we get sudden downpours and there is an influx of water. I know they take this very seriously. We have introduced a new fair funding formula, which has increased the funding substantially to local authorities. I am sure they take their responsibilities extremely seriously.

Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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My Lords, our changing weather is bringing more frequent episodes of surface water flooding, and the importance of sustainable drainage systems in the new developments has been increasingly clear. While the revised National Planning Policy Framework strengthens expectations, what steps are the Government taking to ensure that local planning authorities have the expertise and resources to implement these requirements consistently?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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I know I did so yesterday, but I welcome the noble Baroness to her place. She has great experience in local government and I look forward to working with her. She is quite right that it is important that local authorities take the maintenance seriously. Planning practice guidance already sets out that local authorities should be satisfied that all SUDS have clear maintenance and adoption arrangements in place for the lifetime of developments. In June we published new national standards on SUDS that introduce the need to consider the multiple benefits of SUDS—reuse, run-off quantity, water quality, amenity and biodiversity—and those standards should be used by developers to provide the best possible SUDS and by local planning authorities to assess the quality of proposals, with the aim that they will be consistently provided and, importantly, consistently maintained.

Local Government Reorganisation

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
Wednesday 25th February 2026

(5 months ago)

Lords Chamber
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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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There is no dimming of the Government’s ambition around devolution and local government reorganisation. We are pushing on with the agenda. I thank my noble friend for recognising how well councils have worked together. I have been in meetings with many groups of councils, and they have said to me that this has got people talking together. They may have had a falling out 20 years ago and they could not even remember what it was about, but having to sit around the table and work on these proposals has been a really positive experience right across local government. I welcome that and think that it bodes well for the future. Certainly, the Government’s intention is to carry on with both the local government reorganisation and the devolution process.

Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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My Lords, the Minister said that she recognised the value of the electoral returning officers. I absolutely agree with that, but the fact is that they are always looking at the next set of elections, so the fact that they stood down some elections would have caused a difficulty. The Minister said that the Government got legal advice before they proceeded to cancel the elections. If they did, what changed in that legal advice to make the change to reinstate them?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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It is usual practice continually to review legal advice. The legal advice came forward and, as I have said before, there is a long-standing convention not to reveal the content of or publish legal advice, so I cannot enlighten the noble Baroness any further on that. When the legal advice was received, the Government took a very prompt decision to withdraw the cancellation of the elections, because we knew how important it was for local authorities to deal with this promptly.

English Devolution and Community Empowerment Bill

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, the Government are committed to supporting the high street economy, a key part of which is the hospitality sector and the night-time economy. Amendments introduced on Report in the other place established a new strategic licensing role for the Mayor of London. This included a duty on the mayor to publish and set out his licensing priorities in a new London-wide statement of licensing policies.

There was also an amendment that served as a placeholder for a new call-in power, which provided the Secretary of State with the power to make regulations to confer on the Mayor of London the function of determining relevant licence applications in certain circumstances. Government Amendments 174 to 181 replace this placeholder and provide more detail around the types of circumstances in which the mayor may call in or determine relevant licence applications.

The amendments also add the Greater London Authority as a responsible authority in certain circumstances under Part 3 of the Licensing Act 2003. They place a requirement on the GLA to notify interested parties, including the applicant and the relevant licensing authority, of applications that the GLA considers to meet the definition of potential strategic importance to Greater London. This will be set out in regulations by the Secretary of State. If a London licensing authority decides not to grant an application of potential strategic importance as applied for, including, for example, by rejecting the application or applying additional conditions to it, the mayor is required to decide whether or not to call in the decision.

If a decision is called in, the mayor must issue a direction to the relevant licensing authority, having given regard to his licensing policy and the importance of promoting the licensing objectives. New rights of appeal in relation to directions issued by the mayor will also be introduced to help ensure the call-in power is used judiciously. The new call-in power will initially be given effect in London to help unleash the full potential of our capital’s world-renowned cultural venues but could be deployed in mayoralties across the country in the future to help prevent decisions from being blocked by unnecessary red tape or short-term thinking.

Separately, at a national level, the Government launched a joint government and industry licensing taskforce last year and are considering more than 2,000 responses to a call for evidence that sought the public’s views on its proposals. We expect to consider those views before making any future reforms to the national licensing regime, including on aspects such as pavement licensing. For the avoidance of doubt, the amendments being discussed today concern the licensing regime in Greater London, not national licensing reforms. I beg to move.

Baroness O'Neill of Bexley Portrait Baroness O'Neill of Bexley (Con)
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My Lords, I have a real concern about this group of amendments, which appears to look to tinker around the edges to bring the Mayor of London and the Greater London Authority into line with other strategic authorities. We already established in an earlier session that governance in London was the first established; it has never been repeated and, indeed, this Bill does not seek to repeat it either. Surely the sensible route is the one that we suggested in Amendment 75: to have a full review, consider the future governance of London and deal with issues such as this at that time.

I do not want to revisit the earlier argument, but I remind noble Lords that in London there is not the same relationship between the mayor and the boroughs as is suggested there might be in the new governance relationships, or indeed that exists elsewhere. In practice, that means that the mayor might not appreciate local circumstances—as I have said before, not all of London is the same. The mayor might not appreciate the local policing capacity, or lack of it, and the implications of that on licensing decisions. He might not understand the local economy and what licensing could mean for that. He might not appreciate the impact of the local demographics when decisions are being made to overturn local licensing decisions.

What is more, as we have heard before, the current scrutiny of the mayor is not considered to be effective. Devolution should mean respect for decision-making at its lowest common denominator—in this case, the borough level. If a more strategic decision is needed for a wider area, the decision should include the local decision-making processes or partners. For those reasons, I urge the Minister to consider the proposals put forward previously for a thorough review, at which time the implications of these amendments could be considered.

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, I thank noble Lords for their comments on these amendments. I will be very happy to meet noble Lords to discuss the proposals further and in more detail. I will give a little more information now and, I hope, answer some of the questions that noble Lords have asked.

On why we feel that the new call-in power is needed, there is evidence of unmet potential for London’s night-time economy. A YouGov survey found that 45% of Londoners stated that they had ended a night out before midnight in 2023-24, despite wanting to stay out later—I never do but, obviously, there are people who do. Night-time spending in the capital fell by 3% from 2022-25. London also has a lower premises licence approval rate than the rest of England and Wales. Of course, the reasons for that are multifaceted but, through the establishment of a new mayoral call-in power, intended to be used only in specific circumstances, as a measure of last resort, we would hope to encourage a more enabling and joined-up approach to premises licensing that unleashes the full potential of London’s cultural hospitality and night-time economy sectors. I know we have talked many times in your Lordships’ House about the restaurant and pubs business, and so on. We particularly want to encourage that sector in London—and everywhere else, but it is important to do that for the capital’s tourism and other trades.

In answer to the questions from the noble Baroness, Lady O’Neill, the Government support the principle of localism in licensing decisions, but we are committed to putting the right powers at the right levels to drive economic growth that we want to see. Local licensing authorities are often, or in fact nearly always, best placed to make licensing decisions based on their local knowledge and in consultation with other responsible authorities, including the police and enforcement authorities. But where the licensing system affects sectors with a strategic economic role—the noble Baroness, Lady O’Neill, mentioned that aspect—it is important that city-wide considerations can be taken into account. The new strategic licensing role of the Mayor of London would enable this and provide an opportunity to adopt a similar approach to those that have worked effectively in New York, Amsterdam and Sydney.

To pick up on some specific points about how this is going to work—the noble Baroness, Lady Pinnock, asked a couple of questions about this—the mayor will draw his strategic licensing policy by consultation on it before it is published. The mayor will be required to consult each London licensing authority, which will be able to make representations about its local circumstances. The Government intend to consider this and may seek to engage with key licensing stakeholders before setting out thresholds of what that

“potential strategic importance to Greater London”

actually means in regulations. That will provide further detail on the types of licence applications that will potentially fall within the scope of the mayor’s call-in power.

In answer to the question from the noble Lord, Lord Jamieson, about why this issue has not come forward before, that is a fair point. Further time is required to develop the new mayoral call-in process, including how it would interact with existing licensing legislation. In thinking about bringing this forward, the Government have considered that sometimes the best way in which to deliver devolution across the country is to test out new powers or approaches in one or two places first. As a globally renowned centre for culture and nightlife, London represents an ideal location to test new strategic licensing powers and duties. Nevertheless, it is very much our intention to ensure that it will be possible to roll these out to other mayors across the country, subject to the provision of appropriate evidence via provisions in the Bill. Piloting things is a very good way in which to see how effective they are, and whether they get the balance right between the local decision-making to which the noble Baroness, Lady O’Neill, referred and what we might think of as a strategic call-in power—so it is very important to do that.

I thank my noble friend Lady Dacres for her comments about licensing. She and I had an informal meeting with some London leaders on Saturday. They were not all London leaders, so I will not use that as evidence because that would not be fair, but, broadly, their view was similar to that of my noble friend Lady Dacres: although you would not want this to be used all the time, it is an important power to have in a key city such as London. However, a call for evidence is out and is currently being reviewed.

Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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Were all those whom the Minister consulted inner London authorities, or did they include outer London boroughs as well? My frustration is with the fact that everyone assumes that London is all the same, yet Westminster is certainly not like Bexley; and Lewisham, where the noble Baroness, Lady Dacres, comes from, is not like Bexley. Bexley has a night-time economy, yet the Mayor of London is considering closing our police front counter but will not close Lewisham’s because it is that much closer. The police in Bexley are closing down and not working past 10 pm, yet obviously the nightclubs are open till 2 am. Those sorts of things have to be considered for the benefit of all local people, but the mayor will not be aware of them. I apologise, but I felt I needed to say that.

English Devolution and Community Empowerment Bill

Debate between Baroness O'Neill of Bexley and Baroness Taylor of Stevenage
Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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I will reflect on that question and come back to the noble Lord.

Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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I beg leave to withdraw my amendment.