Housing and Planning Bill

Baroness Pinnock Excerpts

Tuesday 8th March 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, the amendment is in my name and that of my noble friend Lord Beecham. It would make a grant made to a private provider conditional on the equivalent market rate for the property sold under the right to buy being spent on the provision of affordable housing in the same local authority area, including at least one replacement home of the same tenure and in the same locality.

We have heard a lot from the Government about this policy not reducing the number of affordable homes, but I am not so sure. One problem we must grapple with when debating this Bill is the term “affordable housing”, because I think it means different things to different noble Lords. When many noble Lords from the government Benches speak, they see affordable housing through the prism of a discounted rate of up to 80% of the market value. In many parts of the country, especially London, such housing would more accurately be described for people on low and modest incomes as unaffordable. There are not many noble Lords on the government Benches, with the exception of the noble Lord, Lord Horam, who have so far put the case for social housing and the need to build more of it. That is why we make specific reference to “tenure” in our amendment, otherwise we would be letting the Government off the hook when they say, “Everything is fine. We have provided so much more affordable housing. Haven’t we done a good job?”, when, in fact, if we look in more detail at what has happened, I fear that we will see an erosion of social housing, of council housing, and its replacement with “affordable housing” that is a very different product.

Amendment 60, in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville, and other noble Lords, will be spoken to shortly and has the full support of these Benches. It would put in the Bill a mechanism to ensure that the tenure of a replacement property was the same as that of the property sold, unless on the basis of local need a different tenure could be justified. This seems a good, sensible example of delivering a national policy with an element of localism included. I will probably intervene again as the debate progresses. I beg to move.

[Baroness Pinnock (LD)]

My Lords, I shall speak to Amendment 60, to which the noble Lord has just referred and said he will fully support, as will colleagues on his Benches—so I start off from a good place. Before I do so, I draw attention to my entry in the register of interests: I am vice-president of the Local Government Association and a councillor in the metropolitan borough of Kirklees, which, for those who do not know, is in West Yorkshire.

I am very pleased to be able to support Amendment 60, because looking back at the evidence from the right to buy of former council properties during the past 35 years is very instructive in determining whether there is any genuine, realistic hope of like-for-like replacements.

The example that I would like to share with noble Lords is from Kirklees. Prior to the right to buy, there were nearly 40,000 council properties in Kirklees. Now there are fewer than 24,000. Only a very small minority have been replaced by what we now call social housing. Indeed, in the last two years and within the period when councils have had the ability to enable replacements —which is rather different from ensuring that they are enabled, of course—403 homes in Kirklees have been sold under right to buy and only six have been built to replace those that have been lost. What provision is being made to ensure that we can get like-for-like replacements? Without them, we are pushing many people, particularly families, into private rented accommodation.

The provision of decent-quality housing for rent is vital. A particular case was brought to me by a local family. It illustrates why I am particularly concerned about the diminishing stock of social housing for rent. A young family with four children was renting a former council house which was subsequently run by a private landlord. It had what I would describe as 2.5 bedrooms and was semi-detached. It was about 50 years old. The rent was £600 a month—this is in West Yorkshire, not London and that is a lot of money in West Yorkshire.

The other half of the semi next door was still in council ownership under the ALMO that was set up when I was leader of the council, I am pleased to say. It was rented out at £320 per month, so the private rented accommodation was nearly double the price. That was not the only difference. The council house was in a good state of repair. The ex-council house had a leaking roof, which was why it was brought to my attention. The roof had been leaking for a while and the walls were damp, there was mould and the wallpaper was peeling off. The children had health problems, which the GP determined were partly caused by the state of the house. Obviously my first question to the mother who brought this problem to me was, “Have you spoken to the landlord? They should keep the house in a good state of repair. They have a responsibility to do that”. “Yes”, she said. “The only problem is that he lives in South Africa”, and getting action through the agent to the owner was well-nigh impossible, despite the so-called responsibilities and duties of the landlord to do so. Fortunately, I was able to help her find good-quality social housing for her to move into.

That account paints a picture of what is going on. So when the noble Lord, Lord Porter, says, “Don’t worry. We’ll gain one when one is lost because the house is still there”, yes, but what he did not say is that the tenure of that house can be just as important. The selling off of housing association homes will start once this Bill wends its way into law, and the experience of selling off council houses shows that we are pushing families who cannot afford to buy into private rented accommodation. Despite what the Minister and other noble Lords on that side have said, which is that it is important for people to have the right to home ownership, someone needs to explain to me how families that in my experience are often—not always—pushed into poor-quality and poorly maintained private rented properties will ever be able to own their own home. If that conundrum can be explained, I might have more faith in what is being done here. But currently all I can see is that those at the bottom of the income pile are pushed into low-quality accommodation, paying high rents that are not always covered by housing benefit, with little opportunity to put down roots in the community because the length of the lease is short and they have to move on. I know that we passed a Bill which said that if you complain you would not be pushed out, but it does not seem to have worked. I hope that the Minister will be able to explain that conundrum away for me.

--- Later in debate ---

[Lord Porter of Spalding]

I largely agree with the noble Baroness: it is not right that local authorities are funding inefficient RSLs to make the discount up. The money should come first and foremost from the RSLs, but again, nobody on the other Benches is making that case. The case should be made that RSLs should be forced to sweat their assets properly. They are sitting on more than £2.5 billion on their balance sheets in cash, plus the unsecured money that they have that they could take out against those properties. That is where we should be coming from. If we do not stick to taking just them on, then we could come back to the Government and say, “Actually, the state’s sitting on a lot of land that is redundant and not used for the purpose that it was originally bought for. It is sitting there undervalued”. We should then purchase it or give it to local authorities to increase its value and then use that money. Again, nobody is making that point. Noble Lords are challenging the right to buy itself; that is not where the fire should be. The country voted to extend right to buy. We should be challenging the Government to find a way to fund it that is more appropriate and sustainable.

[Baroness Pinnock]

The noble Lord, Lord Porter, has not listened to what I said. Not one word did I say in opposition to right to buy. I did say that there was not the opportunity, once you have released that equity, necessarily to house a family. What happens, certainly under right to buy, which is the experience we have for council housing, is that councils are fearful—in fact, they would be foolish—to build houses subject to future right to buy because they will be constantly losing the equity value of it. It would be under right to buy constantly. Certainly in my experience of councils in West Yorkshire what is happening once a house is sold is those councils are either building properties that are not subject to right to buy or putting the equity into a community housing group so that they cannot be subject to right to buy. That is one of the problems that I have urged the Government to look at.

[Lord Horam (Con)]

Can we come back to the amendment for a moment? It is on how the housing association spends the money it gets from selling a house. With the best will in the world, I am afraid that the amendment in the name of the noble Lord, Lord Kennedy, presents a problem. He knows London very well, as do I. The fact is that it is more or less impossible to replace a house sold in, say, Westminster with another house—certainly two houses, but even one house—in Westminster. It is simply impossible to do that in London, and nor is it necessary, because people who have lived in Westminster do not necessarily need to live in Westminster. They can live in Kensington, Surbiton, Lewisham or Bromley for all we know. The distances are not that great.

I do not know whether the noble Lord heard—he probably did—the very interesting evidence given by Philippa Roe, the leader of Westminster Council, at the hearings in the other place. She was saying that it is absolutely impossible to have a like-for-like replacement within a similar London borough. It cannot be done, because of density and because of cost, but you do need to do something in London. Clearly, we would be in favour of something in London, but she was hoping, in her evidence, that some sort of mechanism would be established between, say, a rich central London borough such as Westminster and, I will not say a poor outer London borough such as Lewisham, but another London borough, whereby they could agree a housing policy between them which would make sense by way of some sort of replacement in a cheaper area. They could thereby get very good value for money; they could get not only one but two or three houses for the price of one sold in Westminster or Kensington. So I think the noble Lord is barking up the wrong tree, if I may say so, in this particular aspect of his amendment, though I agree with what he was saying about tenure.