Leasehold and Freehold Reform Bill

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Committee stage
Wednesday 24th April 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My answer is that I am not sure, but I will make sure that I let the noble Lord know. If we can do that, obviously we will.

[Lord Young of Cookham (Con)]

My Lords, I am grateful to all noble Lords who have taken part in this short debate. I am grateful to the noble Lord, Lord Mann, for reminding us that it is often a rather one-sided battle, with leaseholders confronted by freeholders with massive resources. I am grateful to the noble Baroness, Lady Pinnock, for her support for my amendment.

As far as the noble Lord, Lord Berkeley, is concerned, I have happy memories of replying when I was on the Front Bench to his Duchy of Cornwall Bill. He spoke at somewhat greater length on that occasion about the need for major reform of the Duchy.

On the specific issue that I raised, I am not expecting any legislative change because my noble friend said, quite rightly, that the Crown is not bound by legislation, but she said on several occasions that the Crown would act by analogy with the terms of the leasehold Acts. I think that gives me what I want, so long as it covers the Crown acting as freeholder as well as the Crown acting as owner of land in escheat. At the moment, that is not the case. At the end of my remarks, I asked whether my noble friend would be good enough to get the necessary assurance from the Crown Estate and the Treasury that they would deal with escheat applications in the same way as applications for where they are the freeholder.

I am grateful to my noble friend for her sympathetic reply. I think I can build on the undertaking that she has given to make some progress. I do not want to wait until the Law Commission has gone round the course all over again, whenever that may be. The leases that I referred to are coming towards the end of their time, and each delay adds to the potential cost for the leaseholders.

I hope we can make progress without waiting for a Law Commission report. It is simply a case of the Crown acting equitably and doing exactly what my noble friend has said: acting by analogy and delivering the laws that have been passed by Parliament. On that basis, I am happy to withdraw the amendment at this stage.

Leasehold and Freehold Reform Bill

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Committee stage
Monday 22nd April 2024 Lords Chamber

[Lord Young of Cookham (Con)]

I am most grateful to my noble friend for that undertaking, but I remind her that the Government said:

“We will provide an exemption”,


for these types of scheme.

[Baroness Scott of Bybrook (Con)]

I have noted that.

The noble Baronesses, Lady Pinnock and Lady Taylor, and the noble Lord, Lord Young of Cookham, also brought up the issue of the exempting of retirement houses. Retirement houses do not stand alone; they are usually part of a wider scheme with extensive communal facilities and packages of support care and hospitality services. A lease can help to organise the relationship between the two parties, with the home owner and provider managing the development in properties such as these. We think this justifies an exemption from the ban.

The noble Baroness, Lady Taylor Stevenage, also brought up the commencement day for this Bill. The letter that we wrote to the noble Lord, Lord Kennedy, explained that it is a complex Bill, and there will be complexities as we roll out the Bill after Royal Assent. However, I think we did put in that that commencement is likely to be 2025-26, not 2026.

I want to reassure noble Lords that there is a power in the Bill, should evidence of any abuse emerge, to tighten definitions further or remove exemptions entirely if there is evidence that a stricter approach is necessary. With these assurances in mind, I hope that the noble Baroness will agree not to press her amendment at this stage. In this group—

--- Later in debate ---

[Lord Young of Cookham (Con)]

I am enormously grateful for the assurances that my noble friend has given. Will the Government respond to the Select Committee report on shared ownership before Report? It raises some important issues which I touched on and it would be nice to have the Government’s response before Report.

[Baroness Scott of Bybrook (Con)]

I am not aware of the timescale for that, but I will make some inquiries and come back to my noble friend.

Housebuilding

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 28th February 2024 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government what is their response to the final report of the Competition and Markets Authority’s housebuilding market study, published on 26 February.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

We welcome the CMA’s final report, following its full market study into housebuilding. In 2022, the Secretary of State wrote to the CMA, supporting the suggestion of a full market study, the first since 2008. The Government will now take away and carefully consider these findings and recommendations, and formally respond within 90 days. The CMA’s recommendations can help industry, the Government and regulators to make sure that the market is operating effectively, and working well for consumers.

[Lord Young of Cookham (Con)]

I appreciate that the report was published only two days ago, but it was published after the Government made significant changes to housing and planning policy. On those changes, the CMA report is very clear. It says that “significant interventions” and “further actions” are required by government if we are to address what it describes as the “complex and unpredictable” planning system, with its underresourced planning departments. The report also makes it clear that local authorities should have clear housing targets if we are to meet the demand in housing that we have just heard about. Will the Government be looking very sympathetically at these recommendations?

[Baroness Scott of Bybrook (Con)]

As I have said, we will carefully consider all the recommendations and findings from the report. Our National Planning Policy Framework means that councils must have local plans in place to deliver more homes in the right places and of the right type that are required in that particular community. As part of the recent consultation on changes to the National Planning Policy Framework, we have committed to review our approach to assessing housing need, once the new housing projections data based on the 2021 census is released next year.

Local Authorities: Financial Difficulties

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 14th February 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, for many years we have had a cap on council tax increases. It remains at 2.99% for the general fund, with 2% extra for councils that want more money for social care funding. However, the department is establishing an expert panel to advise local government and the department on local government financial sustainability into the future. The panel will include the LGA and the Office for Local Government, and we look forward to its findings.

[Lord Young of Cookham (Con)]

My Lords, the local authorities that have so far gone bankrupt and applied for Section 114 have, by and large, been the authors of their own misfortune. Is my noble friend the Minister aware that many well-run upper-tier authorities—controlled by all parties—are now running out of road? Will not whoever wins the next election have to undertake a major review of local government finance? The current regime of overreliance on government grants, rate capping and an out-of-date council tax is simply unsustainable.

Temporary Accommodation Costs

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 31st January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I think I have already answered most of that. We have increased the amount of money going to the base budgets of local authorities across the country this year. We are giving money to prevent homelessness—which is as important as dealing with the issue. As I have said, we are giving money to councils so that they can build better properties and access better temporary accommodation. We are doing all we can in what has been quite a difficult economic climate. However, we are coming out of it, things are beginning to look better, and houses are being built.

[Lord Young of Cookham (Con)]

My Lords, my noble friend will not be surprised to hear that I think we should be building a lot more houses. In the meantime, should we not consider amending the Renters (Reform) Bill, now in another place, to increase substantially the amount of long-term institutional investment in private renting and relieve some of the pressures on the market that we have been hearing about?

[Baroness Scott of Bybrook (Con)]

My noble friend is absolutely right. The Government will support institutional investment in the private sector as well as in the social rented sector, provided, of course, that they stick to the rules and we can regulate them. That includes Build to Rent homes, which can boost supply and drive up standards. We are offering support through the £1.5 billion levelling up home building fund being delivered through Homes England to provide loans, equity investment and joint ventures to encourage such institutional investment companies and to support new Build to Rent developments. I think they will be a growing part of the market.

Private Rented Sector Ombudsman

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 18th January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

The noble Baroness asked a number of questions. First, we have sought extensive procurement and legal advice on this, and we are confident that the approach we are taking is in line with procurement regulations. I can only reiterate that this work is still in its very early stages, and no decisions have been made. Of course, we will talk to stakeholders throughout the whole of the process. If the noble Baroness or any other noble Lord would like to meet me and my team, I am happy to do so as we go forward.

Secondly, the question on the interaction between schemes is very interesting. We envisage that, where a complaint covers both landlords and letting agents, the separate schemes will work together to triage the complaint effectively and, if necessary, have a joint investigation. Importantly, we want to make sure that, where it is not clear which scheme a tenant should complain to, there is no wrong access point. We will work together to make sure that the tenant gets the service that they require.

[Lord Young of Cookham (Con)]

My Lords, I too welcome the Bill’s proposal to establish a private rented sector ombudsman service. There will be an opportunity when the Bill reaches your Lordships’ House to discuss the issues raised by the noble Baroness, Lady Warwick, as to where this service should best be provided. What powers will the ombudsman have to enforce his or her findings? Who will bear the cost?

[Baroness Scott of Bybrook (Con)]

I thank my noble friend. He is absolutely right: the Bill will come to this House shortly and I am sure we will have many more debates on this issue. As far as powers are concerned, the Bill says that the ombudsman’s enforcement powers will be to expel the landlord from membership of the organisation unless they deal with their obligations and then rejoin, and they will be liable for civil and, in the worst cases, legal penalties if they continue to operate without that membership. Those are quite strong powers that will back up local authorities’ powers. On the scheme’s funding, it will be a landlord membership scheme, as is the Housing Ombudsman scheme. Membership of that scheme is at £5.75 per unit.

Leasehold Reform

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 11th January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I will not apologise; the measures in the Bill will benefit owners of flats and houses alike. The majority of houses have always been provided as freehold, and there are few justifications for building new leasehold houses, so the Government will ban them, other than in exceptional circumstances. However, flats have shared fabric and infrastructure and therefore require some form of arrangement to facilitate management. This has been facilitated by a lease. None the less, the Government recognise the issues in the leasehold system and remain committed to reinvigorating the commonhold system so that developers and home owners have an alternative to leasehold ownership.

[Lord Young of Cookham (Con)]

My Lords, further to the question from the noble Lord, Lord Kennedy, the Secretary of State made his views absolutely clear when he said:

“I don’t believe leasehold is fair in any way. It is an outdated feudal system that needs to go”.


But the Bill does not do that—it does not even mention commonholds. When I asked about this in the previous exchange, I was told by the noble Baroness, Lady Penn:

“When it comes to reforms to commonhold, we continue to consider the Law Commission’s report in detail to find the best way forward”.—[Official Report, 30/11/2023; col. 1180.]


The commission reported in 2020. When will we learn the Government’s conclusion?

[Baroness Scott of Bybrook (Con)]

I assure my noble friend that we remain committed to continuing our leasehold and commonhold reforms, and the Bill is a major step forward. The Government remain committed to a widespread take-up of commonhold for flats, and we have been reviewing the Law Commission’s recommendations to reinvigorate commonhold as a workable alternative to leasehold, alongside working with the Commonhold Council to consider practical steps to prepare consumers and the markets.

Social Housing: Mould

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 10th January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, there are differences between the rented housing tenures. Almost half of private rental landlords own a single property and the vast majority own fewer than five so, unlike social housing landlords, very few will have in-house or contracted repair and maintenance teams, which makes it more difficult. We have to consider proportionate timescales in legislation for the private rented sector. However, we are taking action to improve the safety and decency of private rented homes through the Renters Reform Bill, which will be in this House shortly. We have introduced an amendment to the Bill to apply a decent homes standard to the private rental sector for the first time and to give local councils enforcement powers to deal with non-decent homes. As I say, that Bill will be introduced to this House shortly. We will also set up a new private rented sector ombudsman through that Bill, which will also have extra powers.

[Lord Young of Cookham (Con)]

My Lords, I welcome my noble friend back to the Dispatch Box. I welcome the speed with which the Government have implemented Awaab’s law and issued the consultation documents. Is there not now a dilemma facing social housing tenants who want their landlord to effect repairs? They can either go to the social housing regulator or to the Housing Ombudsman, which have different regimes but overlapping powers. Will my noble friend issue guidance so that social housing tenants can use the new powers the legislation has given to them?

[Baroness Scott of Bybrook (Con)]

My noble friend is right; this is all about communication, to make sure that tenants know what to do if they have an issue with their property. We have had a number of communications and marketing campaigns, such as Make Things Right, and the latest one is just being completed. That makes sure that all tenants know that, first, they should go to their social landlord, and if they do not get the right answer—or any answer, as sadly happens in some cases —they must go to the ombudsman. The social housing regulator will deal not with individuals but with bigger issues relating to individual housing associations.

New Homes

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Tuesday 12th September 2023 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government in what year they expect to reach their target of building 300,000 new homes a year.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, we are continuing to work towards our ambition of delivering 300,000 homes a year. This has always been a stretching ambition and we have made strong progress. The three highest rates of annual supply in more than 30 years have all come since 2018. We are aware that increasing supply even further will be made more difficult due to the economic challenges we face, but we are engaging with Homes England, developers and registered providers to understand their delivery challenges.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend, but has she read the leader in last Saturday’s Times? It said of the Government’s housing target:

“That goal has now been sacrificed on the altar of appeasing rural Conservative backbenchers fearful of a backlash in their green and pleasant constituencies”,


and concluded:

“The political calculations of the Tory party are in danger of strangling Britain’s housebuilding industry, retarding economic growth and depriving young people of the affordable homes they so desperately need”.


Can my noble friend confirm that this controversial policy, which was launched in a consultation document last December and has not yet been adopted, might be amended in light of the widespread criticism that it has now generated?

[Baroness Scott of Bybrook (Con)]

Yes, I have read the Times article. We are carefully analysing the many detailed responses we received to the consultation and expect to respond formally later in the autumn. It is worth making it clear to my noble friend that the proposals in the consultation are not government policy. My noble friend should also be reassured that, as I have said before, the Government remain committed to our ambition of delivering 300,000 new homes per year. The proposals in the consultation are designed to support areas to get more local plans in place. That will deliver more housing and stop communities being exposed to development by appeal.

Private Sector Renters: Eviction Protection

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 6th September 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I do not have that information with me but I will certainly look at it and write to the noble Baroness. However, the Government are investing £12 billion in Help to Heat schemes. As I said to the noble Baroness, Lady Grender, it is sad that not enough private rental landlords are taking up those grants. We also have the ECO Plus scheme—the GB insulation scheme—for which both tenants and landlords can apply. In the energy security strategy, the Government have just announced zero-rated VAT for the next five years on the installation of insulation and low-carbon heating. It is important that landlords know what is available and that tenants ask them for it.

[Lord Young of Cookham (Con)]

My Lords, I welcome what my noble friend said on the Renters (Reform) Bill, but what action is being taken to address the delays in the courts that are asked to process cases relating to tenancies?

[Baroness Scott of Bybrook (Con)]

My noble friend is absolutely right about the court system: it is too slow. On difficult cases that escalate to the courts—not all of them do—we are working with the judiciary, the Ministry of Justice and HMCTS to target areas that frustrate proceedings, including through digitising more of the court process to make it simpler and easier for landlords to use.

Leasehold Properties: Managing Agents

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 17th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I agree with the noble Lord. That is exactly what we are doing. The commitment includes raising professionalism and standards among property agents. As I am sure the noble Lord knows, the noble Baroness, Lady Hayter, and RICS, which she is working with, will meet the Housing Minister to discuss a code of practice for property agents. I thank the noble Baroness for all the work she is doing on this, and I welcome her excellent stewardship of the independent steering group as we strive to promote best practice among property agents in future.

[Lord Young of Cookham (Con)]

My Lords, the Building Safety Act has given leaseholders very welcome protection against the costs of making their buildings safe, following the Grenfell tragedy. But the legislation has an important defect, in that if any leaseholder subsequently extends his or her lease, they lose all their protection. I think my noble friend is aware of this oversight in the legislation, but when will she put it right and will it be retrospective?

[Baroness Scott of Bybrook (Con)]

My Lords, we are well aware of the significant issue concerning leaseholder protections where leases are extended or varied. A change to primary legislation is necessary to ensure the continuation of protection. We are looking to bring forward the necessary legislation as soon as parliamentary time allows. Obviously, compensation will be part of that discussion, I am sure.

Small and Medium-sized Housebuilders

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 12th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I can tell the noble Baroness that I will look at her amendment.

[Lord Young of Cookham (Con)]

My Lords, further to my noble friend Lord Swire’s excellent question, the number of sites with planning consent for fewer than 100 dwellings has fallen by 38% over the past five years. These are the sites most used by small and medium-sized builders. Is there not a case for the planning system to promote much more effectively the use of smaller sites, not just to help smaller builders but to strengthen and diversify the construction industry and accelerate the delivery of new homes?

[Baroness Scott of Bybrook (Con)]

My noble friend is right. That is why the NPPF includes policies to support SMEs; for example, it sets out that local planning authorities should identify land to accommodate at least 10% of their housing requirements on sites no larger than one hectare. That might seem large, but we also make it clear in the framework that local planning authorities should work with developers to look at subdivisions in those areas where we could help speed up the delivery of homes, particularly by SMEs delivering those homes.

Homelessness: Vagrancy Act 1824

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 10th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, the Vagrancy Act, as I have said, is an outdated piece of legislation; I agree with the noble Baroness that it needs repealing. However, the House rules on admissibility of amendments are set out in the Companion; amendments we have consulted on that were related to repealing the vagrancy offences have not been considered admissible to the levelling-up Bill. We would not normally discuss the clerks’ advice in the Chamber, but I am sure that they will be very happy to discuss it in the usual way with her.

[Lord Young of Cookham (Con)]

My Lords, an amendment was moved by the noble Lord, Lord Best, to the police and crime Bill to enable abolition to take place, and the consultation to see what, if anything, needed to be carried forward ended in May last year. Against all the commitments that have been given, are we really going to have the Vagrancy Act 1824 still on the statute book in 1924? Oh, I mean 2024.

[Baroness Scott of Bybrook (Con)]

My noble friend is right. We did consult when the Vagrancy Act was within DLUHC, and the Home Office is holding further discussions particularly with those stakeholders who are important in local authorities, such as the police. However, the anti-social behaviour plan, which was published last March, outlined further details of our plans to introduce new powers for local authorities and police to respond to begging and rough sleeping, coupling this with improved multiagency working between local partners so that vulnerable individuals receive the support they need. This is a complex issue, and further details will be set out in future legislation at the earliest possible parliamentary opportunity.

Homelessness: Homewards Initiative

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Tuesday 4th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

No; it has affected the economic stability of the whole world. We are working continually to try to get back to those Covid levels.

[Lord Young of Cookham (Con)]

My Lords, like the right reverend Prelate, I very much welcome the commitment of the Prince of Wales to help end homelessness, particularly as the numbers of those sleeping rough are beginning to creep up again, having been reduced to near zero during Covid. I particularly welcome the commitment to make Duchy of Cornwall land available for affordable homes. Is this not an example that could be followed by government departments and other public bodies that have surplus land available?

Housing: Modular Construction

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 8th June 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I know that the noble Lord has been interested in this sector for many years. I assure him that the Government are taking this very seriously. We are focusing on removing all the barriers to growth. These are about insurance, finance, warranties and, as he mentioned, mortgages. It is all about stimulating that pipeline so that these companies can invest and keep those factories going until this becomes a normality in our housing system.

[Lord Young of Cookham (Con)]

My Lords, has my noble friend read the government publication Modern Methods of Construction, published in September last year? It says:

“The government is committed to using its position as the single largest construction client to support the adoption of a more productive and sustainable business model”,


and goes on to say that there is

“a presumption in favour of off-site construction for relevant departments”.

What progress have the Government been able to make in using MMC for the prison and hospital building programme? If there is success there, might it not encourage the housebuilding industry to take renewed interest in MMC for homes?

[Baroness Scott of Bybrook (Con)]

On my noble friend’s last point, that is exactly what we are doing: we are encouraging all the time through investment and support to help housebuilding. On other issues of building public buildings in particular, we want to encourage the take-up of MMC across the whole range of traditional building sites. We can do that by sharing across government. We have introduced a presumption in favour of MMC in our capital programmes, such as within the Department for Education’s school rebuilding programme and the Ministry of Defence accommodation programme. Significant progress has been made on schools and prisons programmes, and we are using those examples of best practice to help shape future policy for MMC.

Housebuilding

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 7th June 2023 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government when they expect that they will reach their target of building 300,000 new homes a year.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, we are continuing to work towards our ambition of delivering 300,000 homes a year. This has always been a stretching ambition, and we have made strong progress: the three highest rates of annual supply in over 30 years have all come since 2018. We are aware that increasing supply even further will be made more difficult due to the economic challenges we face, but we are engaging with Homes England, developers and registered providers to understand the delivery challenges they face.

[Lord Young of Cookham (Con)]

Has my noble friend seen today’s Times, which reports that new housebuilding is at its lowest level for 14 years, outside the Covid years? Has a much-needed recovery not been delayed by the concession on planning made in another place to a number of government Back-Benchers, which has already resulted in over 50 local authorities withdrawing their local plans with a view to submitting new plans with a lower number? If a Government make a manifesto commitment to build 300,000 homes, can they rely simply on the good will of local authorities to deliver it, or should we amend the levelling-up Bill to ensure that the country gets the homes it needs?

[Baroness Scott of Bybrook (Con)]

My Lords, I will start at the end. The proposed changes to the planning system set out in the Levelling-up and Regeneration Bill are designed to support more areas to get an up-to-date local plan in place, and therefore deliver more housing. The Government do not recognise the figure on withdrawn plans. Pauses and delays to plan-making are not something new, which is why we are determined, through our reforms, to reinvigorate local plan-making by simplifying it, speeding it up and strengthening the weight of democratically produced plans in this country. As for the article in the Times, yes, I have seen it and all I can say is that we still want to build more homes of the right type in the right places. We know that increasing housing supply will be made more difficult because of economic challenges, but we are working with the market very closely on the impacts, and to see what more the Government can do to provide support.

Residential Leasehold

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 17th May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, as I have said before, property law is fiendishly complex. It is absolutely right that the Government take the time needed to make sure that the reforms are right. As I have said before, the Government will bring reforms to the leasehold system in this Parliament, but I cannot pre-empt the King’s Speech by confirming at this time what will or will not be in future legislation.

[Lord Young of Cookham (Con)]

My Lords, has my noble friend read the article in last Sunday’s Sunday Times, which outlined the problems facing leaseholders who want to extend their lease? Because of the uncertainty to which the noble Lord has just referred, they do not know whether to extend their lease now or wait until the legislation that has been proposed, which may enable them to extend on fairer terms. This blight is beginning to affect the market in leasehold. Is not it important that the Government are clear as soon as possible as to what their proposals will be?

[Baroness Scott of Bybrook (Con)]

I understand the concerns, and yes, the Government will be as clear as they possibly can, when they can. Importantly, every leaseholder is in a very different situation and has different considerations. Specialist legal advice should be taken by leaseholders at this time if they are considering enfranchisement or extensions. The Association of Leasehold Enfranchisement Practitioners and the Leasehold Advisory Service can offer that advice to leaseholders, and I urge them to take it in this time, before we can make any further announcements.

Leasehold Enfranchisement

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Tuesday 2nd May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My noble friend—or, rather, the noble Lord opposite; the number of times he brings this Question means I think of him as a friend —is quite right that, if you are a qualifying leaseholder and extend or vary your lease, you may surrender your existing lease and be granted a new lease. As the new lease will not have been granted before 14 February 2022, the statutory leaseholder protections in the Building Safety Act will not apply. We are looking to legislate to resolve this issue as soon as parliamentary time allows. In the meantime, before seeking a new extended or varied lease, leaseholders should seek legal advice and seek to come to agreements with landlords to apply the same protections as contractual terms.

I am very sorry, but I did not answer the second question. He asked whether I would bring the letter to leaseholders from the noble Lord, Lord Greenhalgh, to the attention of the Secretary of State. I have already done so.

[Lord Young of Cookham (Con)]

My Lords, further to the Answer which my noble friend has just given to the noble Lord, Lord Kennedy, will the protection to which my noble friend has just referred be retrospective so those leaseholders who extended their leases after February last year will get the protection she referred to?

[Baroness Scott of Bybrook (Con)]

I thank my noble friend for that question. As I say, we are looking at how we can protect it. On whether it is retrospective or not, I will have to write to my noble friend.

Housing: Overcrowding

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Tuesday 25th April 2023 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, the research to which my noble friend referred showed that the families most likely to suffer from overcrowding are families already in the social housing sector, but they cannot move because there are no larger homes to move to and they cannot afford to rent. In the medium term, should the social housing sector not be building more, larger houses? In the short term, should housing associations and local authorities consider leasing larger homes from the private sector in order to mitigate the problems to which my noble friend referred?

[Baroness Scott of Bybrook (Con)]

My noble friend is absolutely right. If you have anything to do with local housing, you will realise that there seem to be many more one-bedroom and two-bedroom properties than there are family homes. We recognise the challenge faced by the sector, and that is why we encourage local authorities to continue to consider innovative ways in which they can best use their stock. For example, supporting underoccupiers to transfer to other, smaller properties is one way that they can then relet family homes. Landlords are focused on providing high-quality services to all their tenants. Introducing a new requirement for local authorities to lease larger homes in the open market may also be considered a new burden, for which funding would be unlikely to be provided.

Housebuilding

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 30th March 2023 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government whether they remain committed to building 300,000 houses a year.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

Yes, the Government are committed to continuing to work towards our ambitious target of 300,000 homes a year, as set out in the 2019 Conservative manifesto. Annual housing supply is up 10% compared to the previous year, with over 232,000 houses built and delivered in 2021-22. This is the highest yearly rate for the last 30 years.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend, who is dealing heroically with housing and the Levelling-up and Regeneration Bill, which after eight sittings still has as many groups ahead of it as at the first. Does she understand the concern that the concession made over Christmas to head off a rebellion in another place has made it even more difficult to hit the 300,000 target? Does she understand that many of us want to give the other place an opportunity to think again by amending the Bill, and so help the Government to hit their target?

[Baroness Scott of Bybrook (Con)]

The Government are committed to building more houses of the right type in the right places, but we know at the moment that there are economic challenges faced by the sector. We need to work as closely as we are, and more closely—and with Homes England—to better understand those challenges and to provide support. We have already consulted on changes to the planning policy that will support how we plan to deliver these houses in our communities, and we will respond to that consultation in due course. I assure my noble friend that we remain committed to a plan-led system, and national planning policy that expects local authorities through their plans to make sufficient provision for housing and identify the sites to deliver these much-needed homes to meet local needs.

Leasehold Reform

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 23rd March 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

Leasehold—the noble Lord is not getting a yes or no—is increasingly seen as an outdated form of home ownership and, as I said, the Secretary of State has set out his intention to bring this outdated and feudal tenure to an end. I cannot set out the precise details of the future plan at this stage. However, the Government are committed to creating a fair and just housing system that works for everyone, and we are taking forward a comprehensive programme of reform to end unfair practices in the home ownership market by reinvigorating commonhold, which will also give developers and buyers of flats a genuine alternative to leasehold.

[Lord Young of Cookham (Con)]

My Lords, these are difficult times for leaseholders. Many face high service charges as a result of the cladding scandal, while others, as my noble friend just said, are exploited by a minority of freeholders, and there is uncertainty in the market while we await the Government’s reforms. Can my noble friend do more to publicise the existence of a free, independent advisory service for leaseholders, which is supported by her department, and can she give an assurance that it will have the resources and skills to meet demand?

[Baroness Scott of Bybrook (Con)]

I think my noble friend is probably talking about LEASE, which is a government-sponsored arm’s-length body. The Government provide £1.9 million of funding every year so that leaseholders and park home owners can get free information and advice. We recognise that these people face some parallel complexities and lack of control over some of their properties. We are looking at LEASE—a new chair is being recruited at the moment—and we are looking for it to be a little more impactful, customer friendly and cost effective into the future, as well as leading important work to ensure that the voices of leaseholders and park home owners are listened to.

Housing: Conditions in Rented Sector

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 16th March 2023 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, further to the noble Lord’s Question, most private landlords keep their properties in a good condition, but a minority do not. In those cases, where the tenant complains to the local council about a dangerous property, that tenant can be protected from what is called “retaliatory eviction”, so long as the council serves an improvement notice on the landlord. However, this is happening in only about a quarter of such cases, meaning that three-quarters of tenants are exposed to eviction under Section 21. What can my noble friend do to ensure that more local authorities give tenants the protection that they are entitled to?

[Baroness Scott of Bybrook (Con)]

My noble friend is absolutely right: local councils are responsible for enforcing standards in the private rented sector and have a duty to take action where they find hazards at the most dangerous category 1 level. The Secretary of State has asked all local housing authorities to do everything in their power to improve the conditions for tenants and to have particular regard to high-score category 2 damp and mould hazards when enforcing current standards. The Secretary of State has also asked councils to provide an assessment of damp and mould issues particularly affecting private rented housing in their area. The department is currently analysing their responses to determine what needs to be done to address the issues raised by my noble friend.

Capital Projects: Spending Decisions

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 20th February 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

No, I do not agree. I think that a £9.9 billion investment into levelling up shows a Government who are putting their money where their mouth is. They are delivering levelling up across the country and will do so in future. They have already done so with the future high streets fund, the towns fund, the UK shared prosperity fund—which is about to come out—and even small funds such as the community renewal fund. These are all delivering things for people in this country.

[Lord Young of Cookham (Con)]

My Lords, on the issue of capital spending, three local authorities have made disastrous capital investments and are now having to raise their council tax by more than the cap in order to rebuild their balances. Should not they have been obliged to hold a local referendum to explain their imprudence to the local electorate, rather than blaming the Government for the increase?

[Baroness Scott of Bybrook (Con)]

I think my noble friend is speaking about the significant failures in Thurrock, Croydon and Slough. These authorities have asked the Government for flexibility to increase their council tax by an additional amount. Given the exceptional financial difficulties which, I have to say, were driven by poor decision-making in the past, the Government felt that we should not oppose their request. It is important that the councils remain working to deliver services, but I assure the House that we are working with them, challenging them, and have people in there to make sure that they improve and recover.

Leasehold Charges

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 20th February 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

The Government would absolutely agree with that. My right honourable friend the Secretary of State set out in the Commons his intention to bring the outdated and feudal leasehold system to an end.

[Lord Young of Cookham (Con)]

My Lords, last month I asked my noble friend if she would publish the promised leasehold reform Bill in draft. She said she would love to, if only to stop the question being repeatedly asked; but she then declined. We now know that the next Session is not going to start until the autumn. Is there not now adequate time to publish the Bill in draft and knock it into shape before the last Session of this Parliament, which may be foreshortened?

[Baroness Scott of Bybrook (Con)]

I thank my noble friend, who perhaps knows more than I do about when that Bill will come to the other place and then to this House. Seriously, publishing a draft at this stage would slow the process down and I do not think any of us wants to do that. But I do welcome the engagement we are already regularly having on leasehold and commonhold reform. I am very happy to work continually with MPs, noble Lords and wider stakeholders until the Bill comes to the House.

Building Safety

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 2nd February 2023 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I join others in warmly welcoming the Statement made earlier this week. As has been said, it marks an important milestone on the road to justice for the thousands of leaseholders whose lives have been on hold, as the noble Baroness, Lady Brinton, said. I welcome what my noble friend has just said in updating us on the progress being made in making these blocks safer.

But, may I press my noble friend on two sentences in the Statement? The first is:

“Leaseholders should know that the law is on their side.”


The second is:

“When we were told that leaseholders must pay, we … protected”


them. However, there are two groups of leaseholders for whom, sadly, that is not the case, and who are not given protection under the Bill. The first is leaseholders who have enfranchised, following government encouragement, and become freeholders. When I raised this nearly a year ago in Committee, the words of my noble friend’s predecessor, my noble friend Lord Greenhalgh, gave me some assurance:

“They are effectively leaseholders that have enfranchised as opposed to freeholders.”—[Official Report, 28/2/22; col. GC 262.]


Sadly, after my amendment was rejected, they are effectively freeholders, and they do not have the protection extended to other leaseholders in the Bill.

The second category was touched on by the noble Baroness, Lady Brinton: leaseholders in buildings under 11 metres, who are not covered by the Bill either, but they are confronted by the same problems as leaseholders in tall buildings. They are getting high service charges, they are living in buildings with defective cladding or other fire safety defects, and they are exposed to these costs. In both cases, I was promised consultation to remedy what I regard as a manifest injustice. Can my noble friend update me on the outcome of those consultations?

[Baroness Scott of Bybrook (Con)]

I thank my noble friend for reminding me that I have not spoken about buildings under 11 metres. I know the noble Baroness, Lady Pinnock, would never forgive me if I did not answer that question. I will start, though, with enfranchised leaseholders, which I do remember in the context of the Bill. The Government have published a call for evidence on leaseholders in buildings over 11 metres or five storeys, which closed on 14 November last year. We are analysing those responses and considering the feedback prior to finalising the policy. However, enfranchised leaseholders living in buildings covered by the developer remediation contract will be protected from the cost of remedying life-critical fire safety defects arising from buildings’ design and/or construction. Furthermore, leaseholders in buildings over 11 metres are protected from the costs of remediating unsafe cladding, even where the developer has not signed the contract, which is important. Costs may be met through the building safety fund or the new medium-rise fund. I think we are doing what my noble friend wants, although it might be a bit slower than he would have preferred.

On buildings under 11 metres, which I know have been a concern for many noble Lords in these debates, the Government are committed to understanding the full scale and nature of historical building safety issues facing leaseholders in these buildings. As such, we welcome further information. The department set up a dedicated inbox for leaseholders and managing agents of these buildings to contact the department about their specific buildings. We will work with them on that. We stress that the responsibility for the costs of fixing historical building safety defects should still rest with the building owners. They should not pass these costs on to the leaseholders but seek to recover costs from those responsible for building the unsafe buildings in the first place.

I would like to emphasise that the risk to life from historical fire safety defects is much lower in buildings under 11 metres. That is no excuse, but it is rare for these buildings to require building safety-related remediation works. The Government’s assessment therefore remains that extending the protection to buildings under 11 metres is probably neither needed nor proportionate, but we will work with leaseholders and agents of these buildings if they have specific issues.

Local Councils: 2023-24 Budgets

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 25th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, local authorities across this country are doing some very creative things to make their money go further. They are working closely with others in their local areas to deliver the services that their residents deserve. I think that this will go on. Through the levelling-up Bill that has come here, we will see different ways in which local government can join together to make itself far more financially viable.

[Lord Young of Cookham (Con)]

My Lords, allowing local authority expenditure to increase by 9.2% in cash terms seems reasonable to me against the background of the current economic challenges. However, if, pursuant to my noble friend the Minister’s reply, a local authority thinks that that is wrong for its area, it is free to spend more if it can persuade the local electorate to vote for that in a referendum. Is that not a more democratic way of approaching local government finance than the crude rate-capping that we had before?

[Baroness Scott of Bybrook (Con)]

I absolutely agree with my noble friend, not only on that point but that councils can look to a referendum. It is important that, if they look for a referendum, they say what they are going to spend the money on so that local people have a choice.

Levelling Up: Funding Allocation

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 23rd January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, we absolutely still agree with the whole project of levelling up. I just need to say that, of all the bids, the north-west—this will please the noble Lord opposite—had the highest number of successful projects and was second in funding per capita; Wales was top and the north-east was third. I suggest that that is putting the money where it is required.

[Lord Young of Cookham (Con)]

My Lords, I quite understand why the Government wanted to kick-start the levelling-up policy with these centrally allocated grants, but looking ahead, and given the commitment in the levelling-up White Paper to usher in a revolution in local democracy, should not these funds in future be added to the block grant given to the increasingly large local authorities set up under the Bill and then local people could decide what their priorities are, with local councillors accountable to their local electorate?

[Baroness Scott of Bybrook (Con)]

My Lords, competitive funding can be a very effective tool for protecting value for taxpayers’ money. Competitions such as the levelling-up fund can also support fair and transparent awards of funds and drive innovation, but I understand my noble friend’s concerns and the Government have committed, within the levelling-up White Paper, to reducing the complexities of local government funding.

Housebuilding: Government Targets

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 16th January 2023 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government whether it remains their policy to build 300,000 homes a year.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

The Government remain committed to continuing to work towards our ambition of delivering 300,000 homes a year, as set out in the 2019 Conservative manifesto. We are making good progress. Annual housing supply is up 10% compared with the previous year, with more than 232,000 net additional homes delivered in 2021-22. This is the third-highest yearly rate for the last 30 years.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend for that renewed commitment, but does she recall the 2019 White Paper Fixing Our Broken Housing Market, which listed a number of reasons why we might not hit that target? The first one said that

“some local authorities can duck potentially difficult decisions, because they are free to come up with their own methodology for calculating ‘objectively assessed need’.”

Does my noble friend understand that asking local authorities to make the housing target discretionary rather than mandatory makes it less likely that we will hit the 300,000 target, because you cannot rely on the good will of local authorities to meet a national mandate?

[Baroness Scott of Bybrook (Con)]

My Lords, we remain committed to a plan-led system. National planning policy expects local planning authorities, through their plans, to make sufficient provision for housing and to identify the sites to deliver much-needed homes to meet local needs. To get enough homes built in places where people and communities need them, a crucial first step is to plan for the right number of homes. That is why we remain committed to the 300,000 homes target and to retaining a clear starting point for calculating local housing needs. We are currently consulting on changes to the planning policy that will support how we plan to deliver the homes our communities need.

Residential Leaseholders

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 12th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

As I have made clear a number of times at this Dispatch Box, these measures were in the manifesto in 2019. We have always said that we will bring forward a reform Bill in this Parliament and that is what we intend to do. We just have to wait and see; I am very sorry. I totally understand that this is causing some issues in the sector. That is why we will get the Bill through as soon as we possibly can, but it has been quite complex and we need to get it right.

[Lord Young of Cookham (Con)]

My Lords, I welcome the commitment that my noble friend has just given to make it easier for leaseholders collectively to enfranchise, to make it easier for an individual leaseholder to extend the lease, and to move more towards a system of commonhold rather than leasehold. I understand that she cannot give a commitment about the timetable but, given that work on the Bill is clearly well advanced, can she consider publishing it in draft so that when it comes forward it can have a speedier passage?

[Baroness Scott of Bybrook (Con)]

I would love to put the Bill out in draft, because I would love to stop these Questions coming every three months from the noble Lord, Lord Kennedy. We have committed as a Government to making enfranchisement easier and cheaper for leaseholders, and that is important. We have also committed to abolish marriage value cap ground rents in enfranchisement calculations and prescribe rates to be used. We have already made clear that this is what we will do. We just have to be patient until the Bill comes forward.

Housing: Private Rented Sector

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 12th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I do not agree that it is a blunt tool. We propose to apply to new tenancies a requirement for an EPC rating of C and raise the maximum spend that landlords are required to invest to £10,000 from April 2025, and to all tenancies by April 2028—the noble Lord is right. If we are going to meet our net-zero strategy, we have to commit even further to consulting on phasing in even higher minimum performance standards. That will take place through the social housing sector but also through the private rented sector.

[Lord Young of Cookham (Con)]

My Lords, further to the noble Lord’s original Question, is there not an inevitable tension between the interests of the private landlord on the one hand, who wants access to his capital or property and is therefore interested in a short lease, and the interests of families and tenants on the other hand, for whom renting may now be the only tenure and who want a much longer lease? Should we not be moving far more quickly to the position that exists in most other countries, where good-quality rented accommodation is provided by financial institutions as a long-term investment, as they are more prepared to issue the long leases that tenants increasingly want?

[Baroness Scott of Bybrook (Con)]

My noble friend brings up an extremely important point. The Government have always welcomed new institutional investments in the private rented sector and will continue to do so. We have also made a number of interventions to support the build-to-rent sector, such as the build to rent fund and the private rented sector guarantee scheme. Build to rent boosts housing supply and diversifies the private rented sector, but it also increases quality and choice for renters in cities and towns across the country. I will take the noble Lord’s views back to the department, and we will look into this further.

Housing: Cost of Living

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 15th December 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank the right reverend Prelate for that question, and I think it is an extremely interesting opportunity. I would like to talk to her in further detail about that because I have read the report Coming Home and I think the idea of the five S’s—sustainable, safe, stable, social and satisfying housing—is a wonderful thing to aspire to. I cannot offer her a long-term cross-party review at this time, but I would like to talk to her further and talk to my officials about that.

[Lord Young of Cookham (Con)]

My Lords, 20% of families in England now rent privately and one-third of them rely on housing benefit. That is capped by the local housing allowance, which was fixed on rents in 2019 and has been frozen for five years, although rents are rising rapidly—by 12% in the last year. This means that a family with a two-bedroom house faces a shortfall of some £1,500 a year that they have to meet out of the rest of their benefit. Does my noble friend recognise the difficulties that this can cause? Is there a case for the Chancellor, in his forthcoming Budget, reviewing the decision to freeze the local housing allowance?

Housing: Manifesto Commitment

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 26th October 2022 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government whether they remain committed to building 300,000 new homes a year by the mid-2020s, as proposed in the 2019 Conservative Party Manifesto.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, I can assure my noble friend that housebuilding is a priority for this Government and a central part of our plans for growth. As my noble friend said, the 2019 Conservative manifesto stated that we will continue our progress towards our 300,000 homes a year by the mid-2020s. To unlock home ownership, we must build more homes in places where people want to live and work. We will continue to explore policies to help build the homes people need, deliver new jobs, support economic development and boost local economies.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend. However, at Prime Minister’s Questions last week, the former Prime Minister said that

“we will abolish the top-down housing targets.”—[Official Report, Commons, 19/10/22; col. 679.]

As a former Minister for Housing and a former Minister for Planning, perhaps I can say to my noble friend that we will never get the new homes the country needs in the places where they are needed if we rely solely on the goodwill of local government. Does she agree that, while there needs to be dialogue with local government, the responsibility for ensuring that families live in decent and affordable accommodation is one for the new Administration?

[Baroness Scott of Bybrook (Con)]

I do agree that it is one for the new Administration and I cannot comment on the past Administration any longer. I agree with my noble friend that we must build more homes in places where people want to live and work, as I said. The Neighbourhood Planning Act 2017 put beyond doubt the requirement for all areas to be covered by one or more plans that address the strategic priorities for each area. Authorities that fail to ensure that in-date plans are in place are failing their communities by not recognising that homes and other facilities that local people need are relying on ad hoc, speculative development that will not make the most of every area’s potential. Ministers have powers to intervene when local planning authorities fail to meet the timescales set out for preparing a local plan. However, these powers have not had to be used as yet.

Social Housing (Regulation) Bill [HL]

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Report stage
Tuesday 18th October 2022 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I apologise for missing my cue and interrupting the wind-ups. I will speak briefly to Amendments 2 and 14. On Amendment 2, veterans from the Building Safety Bill will recall that much of the debate focused on the impact on social housing of the costs of remediating the defects. This amendment would give the regulator a role in ensuring that this remediation was concluded satisfactorily.

Some of the information asked for in the noble Baroness’s amendment is already available. Figures from the building safety programme published last week showed that all 180 high-rise social housing buildings, bar one, have had the dangerous materials removed. Remediation has started on the final building, but the cladding has yet to be removed. The Government initially expected remediation to be completed by June 2020, so, after a slow start, it seems that real progress has been made, which is welcome. But 37 privately owned blocks still have Grenfell-style cladding five years after the fire.

Turning to funding, can my noble friend confirm that the social sector ACM cladding remediation fund has enough resources to compensate the social housing sector for the costs incurred and that there will be no impact on its development programme or rents as a result of the remediation? It appears that 17 of its buildings will not receive any money from the fund; is there a reason for this? Is it because the remediation was funded by the developers? Are the Government planning to recoup any of the costs to the fund from those responsible? In that context, can my noble friend update the House on the ongoing discussions with the private sector to get it to accept its responsibility for this debacle, with its tragic consequences?

The noble Baroness’s amendment, however, goes further than the removal of unsafe cladding and refers to

“the remediation of other fire safety defects in social housing.”

Will my noble friend say what progress has been made on that front, and in particular how much that will cost and how it will be funded without impacting on rents or development? Presumably the work was undertaken at the same time as the cladding removal, so this information is available.

While the amendment has provided a useful peg for a debate, I am not sure we need it in the Bill. The removal of cladding and fire safety defects are clearly needed to make a building safe—covered in Clause 1 —and the regulator already produces an annual report and accounts, which could include the information in the amendment, but it would be helpful to have some information about funding and the impact on the social housing sector.

Finally, turning to Amendment 14, I, along with others, am a planetary Peer—although flying at a much lower orbit than that of the noble Baroness, Lady Hayman. As the noble Lord, Lord Foster, said, the amendment requires targets and the targets are important, but they require funding. Ideally, the funding to pay for these energy conservation measures should not be at the cost to the new build programme—which brings me to the social housing decarbonisation fund, mentioned by the noble Baroness, Lady Hayman, which was set up to improve the energy performance of social homes in England, including local authority stock.

I know that that fund is the responsibility of BEIS and not of my noble friend’s department, but it is directly relevant to the debate on energy efficiency in social housing. There was a manifesto commitment in 2019 of £3.8 billion to this fund over a 10-year period. Will my noble friend confirm that that is still the case and that the sum has not been eroded in the meantime? What has been the take-up and evaluation of that programme and what assessment has been made of the number of homes that the sum could improve the energy conservation of? If my noble friend cannot answer now, perhaps she will reply in writing.

Finally, I understand that the amendment may be unacceptable to my noble friend, but I wonder whether she can show a little bit of ankle in her reply and indicate that this is not the Government’s final word on this and that as the Bill proceeds downstream in another place there might be the opportunity for further discussion and improvement.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, before I turn to the amendments, I will say a few words about the Bill more generally to frame the debate for the rest of today. It is now over five years since 72 people tragically lost their lives in the Grenfell Tower fire. The situation in which the residents of Grenfell Tower were placed was unforgivable. The Bill we are debating is a key step in the department’s response to this tragedy, ensuring that social housing tenants are safe, have decent homes and receive a good service from their landlord.

I must also pay tribute to the work of Grenfell United, which has championed the Bill from the very beginning. The Bill appears before noble Lords today because of the commitment of Grenfell United to these critical issues, which affect millions of tenants up and down the country. It is right that we recognise specifically the leading role that Grenfell United has played.

I will begin with Amendments 1 and 14, and Amendments 33 and 36 in my name, which all relate to energy efficiency. Throughout the passage of the Bill, we have heard from many noble Lords about the importance of energy efficiency in social housing, and I thank the noble Baronesses, Lady Pinnock and Lady Hayman, for their amendments. I turn first to the amendment in the name of the noble Baroness, Lady Pinnock, which advocates including energy efficiency in the Regulator of Social Housing’s fundamental objectives. Having listened to the powerful speeches made in Committee, I have added my name to her amendment and offer two further amendments—Amendments 33 and 36—which we think are necessary as consequential amendments to this.

As an aspect of housing quality, energy efficiency is already implicitly covered by the regulator’s fundamental objectives. The regulator’s home standard requires registered providers to comply with the Government’s decent home standards, which include requirements on energy efficiency. However, having considered further, we believe that these amendments would send a very strong signal to social housing providers and reinforce the broader importance of improving the energy efficiency of homes, to the benefit of communities, this country and the planet.

With the regulator having a specific objective to ensure that social housing maintains an appropriate level of energy efficiency, it will be important that government provides clarity on what standards of energy efficiency are expected of registered providers. That is why I am pleased to announce today that, following on from our 2021 Heat and Buildings Strategy—I say to my noble friend Lord Bourne that we do have a strategy—the Government will consult on energy efficiency in social housing within six months of the Bill receiving Royal Assent. I hope that answers a couple of questions from my noble friend Lord Bourne and the noble Baroness, Lady Pinnock. I say to the noble Baroness, Lady Hayman, that as long as I am a Minister in the department, I will make sure that this time we deliver within the timescale we set out today—because my name is on this.

Leasehold Reform

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Tuesday 6th September 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I assure the noble Lord that I will speak to whoever is the new Minister, or to an old Minister coming back. While I cannot set out precise details of the future Bill at this stage, the Government have been very clear about our commitment to addressing the historic imbalance in the leasehold system. Further legislation will follow later in this Parliament. This is a long-term reform programme; it is complex and it is important that we get the detail right.

[Lord Young of Cookham (Con)]

My Lords, my noble friend will know that the leasehold reform Bill was originally planned for this Session and has now been postponed to the next one. In the meantime, in addition to the problems mentioned by the noble Lord, Lord Kennedy, there is considerable uncertainty in the leasehold market. Leaseholders when they buy a flat do not know what additional rights they may acquire under the Bill, and this affects the value. To minimise the uncertainty in the meantime, can my noble friend do what she can to ensure that the Bill is introduced very early in the next Session, preferably on the first day of the Queen’s Speech debate?

[Baroness Scott of Bybrook (Con)]

I totally understand the issue that my noble friend raises. As I have said to the noble Lord opposite, I will do my best to ensure that all the issues that noble Lords bring up today are communicated to the department and to the new Ministers. My noble friend understands that I cannot give the commitment that he requires but, again, I assure him that the Government are still very strongly committed to taking forward a comprehensive long-term programme of reform in the house ownership sector. However, as I have said before, it is complex and we need to get the detail right.

Personal Independence Payments

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Monday 22nd November 2021 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I agree with the noble Baroness’s second point, and that is what we are doing. If a person has long-term health needs, they are not being reassessed as they were. We are changing the way we do things. Since 2019, we have had a holistic approach to decision-making, particularly in the mandatory reconsideration stage after the first assessment. That gives time for people to talk to the claimant and get further evidence to support their claim. This means that fewer people are now going to appeal.

[Lord Young of Cookham (Con)]

My Lords, I welcome the improvements my noble friend has referred to in getting the decision right first time. However, she will be aware that there have been delays in the hearing of appeals, which have of course been aggravated by the pandemic. What steps is my noble friend’s department taking to ensure that the appeal time is brought forward in view of the stress that delays can cause to some applicants?

Child Trust Funds: Children with Learning Disabilities

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Thursday 3rd December 2020 Lords Chamber

[Lord Young of Cookham]

To ask Her Majesty’s Government what plans they have to facilitate access to Child Trust Funds by children with learning disabilities.

[Baroness Scott of Bybrook (Con)]

My Lords, children with learning disabilities might not have the mental capacity to manage their finances and might need someone to do this on their behalf. Parents need legal authority to access funds on their adult children’s behalf and might need to apply to the Court of Protection. This is an important protection set out in the Mental Capacity Act 2005, and the Government are taking steps to improve the support available to parents in this position.

[Lord Young of Cookham (Con)]

My Lords, last March the Telegraph drew attention to the problems facing 150,000 children with child trust funds who cannot access their cash when they are 18 because of their disability and whose parents have to go to the Court of Protection—a cumbersome and time-consuming process involving 47 forms and 100 questions. Will the working group that was announced yesterday by the Minister look at the alternative system of appointees used by the Department for Work and Pensions to pay exactly the same group of children, which is far quicker, simpler and cheaper?

[Baroness Scott of Bybrook (Con)]

The noble Lord makes a very interesting point. I know that the Ministry of Justice is looking at and working on this. I have just heard that the DWP is, in fact, joining the working group, but the DWP appointees procedure does not extend to property and assets of the individual. It deals solely with government benefits. Extending the appointees scheme to include child trust funds would not be appropriate as it is at the moment, as it would not provide the protections currently delivered by the Mental Capacity Act.

Constitutional Reform and Governance Act 2010

Debate between Baroness Scott of Bybrook and Lord Young of Cookham

Wednesday 29th July 2020 Lords Chamber

[Baroness Scott of Bybrook]

My Lords, I am not sure whether the reports are correct, but special advisers are certainly covered by the Act. They are appointed in accordance with the Act and work within the Act’s guidelines.

[Lord Young of Cookham (Con) [V]]

My Lords, to revert to the proposed constitution, democracy and rights commission, I have twice asked for a debate on it before it is established so that the Government can benefit from your Lordships’ views on its remit, priorities and composition. In January my noble friend Lord Howe said that this was a “very good suggestion”. Can my noble friend send us on our Summer Recess with a spring in our step by announcing that such a debate will be held on our return?