Social Housing Bill [HL] Debate
Full Debate: Read Full DebateBaroness Thornhill
Main Page: Baroness Thornhill (Liberal Democrat - Life peer)Department Debates - View all Baroness Thornhill's debates with the Ministry of Housing, Communities and Local Government
(1 month, 4 weeks ago)
Lords ChamberMy Lords, I declare my interest as a vice-president of the Local Government Association and a part-owner of rented property in West Yorkshire.
One of the strikingly important things for me, and I hope for all noble Lords, is the positive outcomes for young people exposed to the right-to-buy scheme from the 1980s. This is not wishful thinking on my part; it is clearly shown in research from the London School of Economics. I referred to this at Second Reading, but it is worth reminding noble Lords about.
The right to buy guaranteed detectable, sizeable school performance gains among young people exposed to it, increasing good grades in high-stakes exams. There is also evidence that there is an income effect, which gives more financial stability to households through home ownership, and there is a crime reduction effect from public housing tenants becoming owners of their own home. It is disappointing that such prejudice against right to buy is likely to remove from social housing tenants the opportunities which right to buy has created for so many.
My Lords, it is good to kick off our first day in Committee on this important Bill. As noble Lords will know from our comments and speeches at Second Reading, we broadly support the Bill, so I will endeavour not to make Second Reading speeches and to be as brief as possible, given our support for it.
We support tighter restrictions on right to buy—I think the evidence is clear—but we do not believe in its total abolition. As was said over and over by noble Lords at Second Reading, over 2 million houses have been sold this way since 1980 but nearly 1 million more have been sold than replaced. Looking at last year’s figures, 7,500 homes were sold and only 3,600 were replaced. More worrying was the net loss of nearly 4,000 homes last year. Losses outstripped gains. This is not sustainable, yet the need grows. Homelessness rates are growing. The number of families in temporary accommodation is growing. My local authority is now reaching the point that many others have already reached with the impact on their budget of temporary accommodation.
However, we believe that a total ban is not the right answer, which is why we cannot support Amendment 1 in the name of the noble Baroness, Lady Bennett of Manor Castle, because housing need is not the same everywhere and local councils understand their own housing pressures best. In some areas, right to buy should definitely be paused; there should be a moratorium. In others, it should be more tightly controlled, but always—in the view of our Benches—with one condition: homes sold must at least be replaced on a one-for-one basis, if not better.
A blanket ban would remove that flexibility. It would replace local judgment with central diktat, and we believe that some transition to home ownership is aspirational and desirable. We are certainly not coming from the same place as Conservative colleagues in it being a holy grail. A healthy housing market should be able to staircase ownership for some people without the significant loss of much-needed social homes—hence some of our later amendments, which I hope will make sense as we go through. Be assured, we do not mean it to enable some local authorities to abrogate their responsibility to provide social housing of all types. We would definitely encourage more than one-for-one replacement. We want reform, not abolition, and devolution, not central diktat.
Lord Jamieson (Con)
My Lords, I declare an interest as a councillor in Central Bedfordshire. I add my congratulations to those offered to the noble Baroness, Lady Curran, on returning to the Front Bench. I thank noble Lords for their contributions on this first day of Committee. This amendment would abolish right to buy altogether, and, in doing so, would remove one of the most significant routes into home ownership available to social housing tenants. The Conservative Government introduced right to buy, which was founded on the simple belief that ownership should not be the preserve of the wealthy or the fortunate few. Conservatives have long believed that people should have the opportunity to own their own home, build an asset, and enjoy the security and independence that home ownership brings. It is a hand up, not a handout.
My Lords, I want to hear from the Minister about government Amendment 4, to try to understand a bit more about cohabitees. There are other legal rulings which have been made and I am led to believe that the Lord Chancellor will be bringing forward legislation about cohabitees, but the definition is not particularly strong. I want to understand how, in practice, the Government intend to put this in place. The new clause is suggesting that it is somebody who lives with somebody else as if they are married, but there are other benefits rulings where that entitlement was brought in only because of children involved. I want to get a better understanding because, in that particular case, the ruling is that you have to have lived with somebody for only a single day. I hear that the Lord Chancellor may be talking about something like three years. I would be grateful if the Minister, in her final wind-up, would elaborate further on how they will determine accurately whether somebody is a cohabitee.
I have just a few words on this group. First of all, I failed to observe the social niceties and would like to say that I am pleased that I have already had conversations and emails with the noble Baroness, Lady O’Neill of Bexley, and I formally welcome her to the Front Bench. Her availability thus far has proved that she is going to be a good colleague to work with. I am also pleased to see the noble Baroness, Lady Scott of Bybrook, on the Front Bench, and I echo the kind words that she missed from the Minister regarding her contribution. The noble Baroness—Jane—was a really positive person to work with and I particularly respected the way she understood and respected political difference, and yet we could still have that cup of tea.
I thank the Minister very much for the email that she sent us recently, containing the appendix which outlined all the things that the Government were doing. I was a bit frustrated and had a meeting with the Minister, asking how this fits here and how that fits there. I was pleased that she responded positively. I still like it in diagram form, I must admit, but it really did help.
I have an anecdote on the eligibility period. When we were losing right to buy quite considerably, I noticed the number of homes that were lost within three to five years. It was significant. It had me questioning how people could afford to get social housing in the first place—do not forget that we are in a pretty high-cost housing area. That led us to look at that and we found that it was to do with the number of children, which seemed to be a main factor rather than any issue about household income and how people could afford to pay. I am pleased that we will look at housing allocation again at some point, because I think there are things to look at.
I can only be awestruck by the amendments of the noble Lord, Lord Holmes of Richmond. I have looked through the whole load that he has tabled and I confess that I do not understand most of them. What I do know is that the House has a real expert and champion, and therefore I look forward to the Minister’s answer to the noble Lord.
To put it briefly, we will not support any amendments that are designed to continue right to buy in its current format, given the present crisis situation. We will agree with amendments designed to restrict eligibility and protect any further loss of stock, and thus we completely understand and support government Amendment 4. If someone owns another property, they should not be eligible for right to buy. It is as simple as that.
Lord Fuller (Con)
My Lords, I rise to speak in support of my noble friend Lady Coffey and to make the simple point that while the Government seem to be trying to reduce right to buy’s ability to give people an astonishingly important way to invest for their retirements, buy a stake in society, provide security for their family and so forth, the key point has been forgotten. Right to buy, when the receipts are recycled, is a very good way of renewing our social housing stock. For somebody who has been living there a long time to buy an older house—and there are provisions in the Bill to lengthen to 35 years the terms under which a new house may be purchased—acquiring it releases incrementally the funds to improve the stock over many years. This is not a bad thing but a good thing.
The purpose of my noble friend Lady Coffey’s amendment is to provide a meaningful incentive but not an overly generous one. It balances the rights of the individual, as my noble friend Lord Lansley said, to save over a long period of time in the expectation that they may acquire the home, which they have previously rented, with sufficient funds, 80% of the value—which is more or less the cost of producing a replacement. It balances that private interest with the public good, and I strongly support my noble friend Lady Coffey’s amendment. It does the right thing in the right way in the right quantum to ensure that there is a source of funding to upgrade and replace that core housing stock. Otherwise, it will fossilise and get old, and that is not in anybody’s interests.
I will stick to my words at the beginning and be as brief as possible and to the point. If the aim is to preserve existing stock, clearly this is a lever you have to pull. We would not disagree with that, even though it is so low, but let us be clear: if the average house price in my area—actually, perhaps the average is not a good way of looking at it, but if the median house price is about £450,000, you are still getting a discount of £90,000. How many of us would say no to that?
The other question we have to ask ourselves is: who pays for the discount? However much detail we want to get into about finances, the bottom line is that a sale does not build another house and that money has to be added. Those are simple reasons why we support this direction in the Bill.
My Lords, I add my congratulations to the noble Baroness, Lady Curran, on her return to the Front Bench. I declare my interests as vice-president of London Councils—I will be there tomorrow morning—and as a part-owner of a rented property in Bexley. I also put on record that my parents had a right to buy. My dad was a bus conductor, and I am proud of that.
I am grateful to all noble Lords who have contributed to this debate on what is ultimately a question of proportionality. The Government believe that the current level of discounts is too generous and that they need to be reduced. The question raised by these amendments is whether the reductions proposed in the Bill go further than necessary, and hence we have probed the inclusion of Clause 5. My noble friend Lady Coffey’s amendments do not seek to preserve the status quo; rather, they offer an alternative approach that would reduce discounts while retaining a meaningful incentive for tenants considering home ownership, as my noble friend Lord Fuller said. In that sense, they seek a compromise between the current arrangements and the considerably lower levels proposed by the Government.
Noble Lords have referred to the importance of preserving the viability of the scheme. That is a legitimate concern. If discounts are reduced to the point where the financial advantage of exercising right to buy becomes marginal, there is a risk that the policy ceases to operate as intended. The issue before the Committee is therefore not whether discounts should ever change but whether the Government have adequately justified reductions at the scale proposed in the Bill. Having listened to the debate, I am not yet persuaded that they have. For that reason, I hope the Minister will give further consideration to a more measured approach to better preserve the opportunities that the right-to-buy scheme has offered to many tenants over the years.
My Lords, I will speak to the clause stand part notices and to Amendment 16 from the noble Baroness, Lady Pinnock, to which I have attached my name. Just for clarity, for the noble Lord, Lord Jamieson, his reasons and mine for signing the Clause 6 stand part notice are—I think we can safely say—directly opposed. As I have made clear all the way through, all my clause stand part notices are because I was seeking to end right to buy entirely with Amendment 1. I think that is made obvious by my signing of Amendment 16, a buy-back right to buy. This is also known as “buy the supply”, and my honourable friend Siân Berry in the other place has been a particular leader in this area, not surprisingly when you look at Brighton and Hove, which has lost almost a third of its social housing since right to buy came in in 1980.
If you look at the figures across England, by the end of this Parliament we are talking about more than 1.3 million homes lost. What we want to do is get some of those homes back—those homes that were very often built with high-quality build standards, good-sized rooms—a better provision of housing, I dare say, than pretty much anything we are likely to build today. We want to get those homes designed for social housing back into social housing. I note also that my honourable friend—who was previously a London Assembly member, and a member of its housing committee—urged for us to be able to buy back those lost homes.
The noble Baroness, Lady Pinnock, referred to families in temporary accommodation. Of course, this is a huge issue. It is everywhere, but particularly so in London, where we are seeing often very vulnerable families shipped out of the city very far away to produce huge profits for private landlords in far-flung parts of the country. If London could buy back the supply, that would be potentially transformatory, either for permanent homes or for being able to buy back temporary accommodation. It is also worth noting that my honourable friend—for those noble Lords who have not seen it—has a zine out urging us to buy the supply. It is a lovely, cheerful cartoon publication that noble Lords might like to look up.
I want to make one other comment about the state of where we are now. We have, of course, a struggling housing market. Broadly, the average price of homes in England did not change from March 2025 to March 2026. In fact, there has actually been a decrease in the price to May. I note one market commentator said that we were in the strongest buyer’s market we have seen in years. Surely this is a great time for local councils to be able to be the buyers, to start to reverse some of the damage that has been done. The structure of the amendment reflects the limitations in your Lordships’ House of what we can do in terms of directing the Government to spend money. I will put this on the record here to note that my honourable friend in the other place will be going further, but I think that the noble Baroness, Lady Pinnock, has given us a very good start.
My Lords, indeed I agree that my noble friend Lady Pinnock has given us a very good start, and she was quite passionate in what she was saying. I did tell her there would be a “but”, but it is only a very small one. We absolutely agree in principle that the right of first refusal should apply in perpetuity, but I have concerns about how this would work in reality, and I have raised these with the Minister. The noble Lord, Lord Jamieson, outlined some very serious questions and points that I think we would all appreciate being answered, just about the sheer logistics of how this would actually work for buyers as years go down the line. I am worried that there would be unintended consequences and I am looking forward to the Minister’s answer.
My fear is that in reality this will actually be less effective as a means of getting social housing than we might wish it to be. If a council does have a buy-back fund, there absolutely is no reason why it cannot buy houses on the open market, as indeed I did when I was Mayor of Watford. I just think this one sounds like something that is really going to be good and should happen—and I do believe that; I just think there may be unintended consequences, the logistics might be difficult, and it might not be the silver bullet. But because I believe in retaining social housing stock, I will hope that I am wrong about that.
I want to just pull together a few thoughts about the rural amendments, because one thing I think that we have all noticed in relation to the Bills that we have done—first with the noble Baroness, Lady Scott of Bybrook, and now with the noble Baroness, Lady Taylor of Stevenage—rural housing and rural issues do not seem to be given the importance that they absolutely deserve. I am an urbanite but I sit here, time after time, listening to those who know better than me, and colleagues on my own Benches who feel very strongly about this, and I guess my message to the Minister is that the nettle must be grasped on rural issues. I think we would all appreciate seeing a real improvement in that, which is why I found that the amendment of the noble Lord, Lord Cameron, and the noble Lord, Lord Best—as ever—brought clarity and expertise to this group of amendments that I cannot better.
Amendment 20 is actually a modest, targeted fix to stop the right to buy quietly hollowing out our rural communities, which is happening; but I am also going to be a bit controversial, because one thing that I follow very closely with my housing brief is planning issues, and I note that there are very often major planning disputes. In fact, councils have changed control over rural communities’ campaigning: “Stop the housing development in our village. We do not need this sort of housing”. It is really worrying to me that that is often the case, and it is evidentially the case. The nimbys are absolutely going bananas. There is no doubt about that, and I think that somewhere, we need some leadership around those areas. If you do not have a housing estate that has homes for children, then the local school will undoubtedly die.
There are real issues for regenerating our rural communities, and I think that, unfortunately, they are being hollowed out. I feel very much that the need is greater. Somebody mentioned that phrase in relation to rural communities, but I would also say that the consequences of not doing so are of greater significance; for example, the young people who cannot get to the college in the nearest city or big town. The issues around rurality are huge.
Turning briefly to Amendment 17, I think “warden” is a horrible word. I absolutely agree that the Government should change it. I am not sure about “manager”, because I am not sure of the context, but I absolutely understand why they do not want wardens.
There are a lot of amendments in this group and I do not intend to comment on them all. To me, this group is less about the principle of right to buy and more about what happens to the money raised from it and, more importantly, who controls it. The amendments from the Conservative Benches broadly move in one direction: towards greater transparency, clearer rules through regulations rather than determinations, and more involvement of local authorities and receipts spent locally. Therefore, I hope it is not surprising from these Benches that we have some sympathy with that approach. We particularly sympathise with Amendment 52 in the name of the noble Lord, Lord Fuller; his argument about the SHMA is something I would be willing to engage in further.
We believe that decisions about receipts should be transparent and properly scrutinised, and that local authorities should have a meaningful voice in how they are used. These are the principles we would naturally support. However, we are equally clear and would exercise caution in that we should not over-constrain flexibility or make it harder to use receipts effectively to deliver new homes—those of us who have tried to do that know there is many a slip ‘twixt cup and lip and some schemes can take a lot longer to build out than others. We particularly know there is a need for mixed tenure in order to make schemes stack up. Therefore, a degree of flexibility is clearly required.
The real issue to us is not just process; it is about outcome. This is where—spoiler alert—my Amendment 53 speaks directly to this group. It is not enough to argue about how receipts are controlled, although that is important; we must be able to show what they actually deliver. We can refine governance, tighten rules and improve consultation, but unless we can see, year-by-year and authority-by-authority, whether receipts are translating into new social housing, we are still in the dark.
Transparency about process is important, but transparency about outcomes is essential. So, yes, let us discuss how receipts are managed, but we would prefer to have strong checks on whether these receipts actually replace the homes we are losing.
I was not planning to speak in this group, but, after listening to my noble friend and other noble Lords, and after reading Clause 9, it is clear that the Government are intending to take a power to reduce the amount that is payable to the Secretary of State under the regulations. I am not clear why that power is being taken and for what purposes? Under what circumstances would that payment be reduced? Clearly, there is going to be a method for making a determination, but I do not think we know what it is. It would be jolly helpful if we were told what it is.
In particular, it would be helpful to know why the Localism Act insertion into what is currently Section 11(6), which allows the Secretary of State to enter into an agreement with the local authority about this, has been taken out. An agreement of that kind is exactly the sort of way in which the Secretary of State might want to enter into a means of supporting particular use of capital receipts in particular local authorities.