(4 days, 22 hours ago)
Lords ChamberI shall confine myself to two sentences, because the exposition from my noble friend covered the ground so admirably. I can only imagine the nightmarish, Kafkaesque scene whereby a family is being turned out of their home and call the police, who, if an officer turns out at all, take the side of the landlord, who is committing a criminal offence. What seems badly needed is the clear statutory guidance proposed by this amendment, coupled with the instruction that prevention of cruel and illegal evictions by landlords has to be grounds for both co-ordination and intervention by the relevant police force and the local housing authority working together. I support this amendment.
I want to scratch lots of bits out, since the noble Lord, Lord Best, was so succinct.
Amendment 258 is in the name of Lord Cromwell and has notable signatories, and the noble Lord sold this amendment well. In short, this is an amendment that should not be needed, if the police and local authorities did their jobs correctly, as per the law, as outlined in the Protection from Eviction Act. This amendment is rightly seeking to reinforce what should be happening but we know is not. The already mentioned organisation, Safer Renting, monitored data from its clients over a given period, which revealed that, when the clients were going through an illegal eviction, and while it was in progress they called the police for assistance, worryingly in only 9% of cases did the police actually go to the property and assist the tenants. Therefore, as the noble Lord said, in 91% of cases they either failed to turn up, or turned up and sided with the landlord.
Interestingly, so concerned was Safer Renting about these statistics that it decided to do something about it. To its credit, in partnership with the Metropolitan Police and the GLA, it developed a training course for officers. Approximately 8,000 officers took the training but, sadly, this did not mean it recorded any significant improvement when talking to its clients, which begs a lot more questions that are probably not answerable here.
As has already been said by several noble Lords, it is imperative that the police understand the harassment before and during an illegal eviction—or, indeed, what constitutes criminal offences—and, most importantly, that they co-operate with the local authorities charged with the role of prosecuting these rogues and criminal landlords. Shockingly, that is not always happening. Safer Rentings’ illegal eviction count for England and Wales in 2022-23 showed 8,748 illegal evictions—that is one every 67 minutes.
It is not necessary for the police to prosecute these offences unless they witness criminal actions taking place alongside the eviction, but it is crucial for them to understand the law both to refer them to the local authority and to co-operate with the authority’s investigations. We support this amendment, but we hope the Minister will reassure us that it is not needed.
(6 days, 22 hours ago)
Lords ChamberMy Lords, I repeat my declaration of interest as a vice-president of the Chartered Trading Standards Institute as well as of the Local Government Association.
Trading standards represent an important ingredient in achieving the objectives of the Bill: they are the front line in enforcement of key measures of good practice by property agents carrying out lettings activities. To assist local businesses of all kinds and the trade associations that represent and advise them, arrangements are in place for primary authorities—local authorities able to provide specialist advice on a range of consumer protection legislation. Primary authorities cover different aspects of property matters and support property agents, as well as their trade association Propertymark and the Property Ombudsman. These arrangements enable authoritative assured advice to be given to property agents, who can then rely on that advice in dealing with any query or dispute. It relieves local authorities’ enforcement teams from dealing with queries, complaints and misdemeanours that could be avoided if assured advice was available.
Demand for high-quality advice is likely to grow as a result of the Renters’ Rights Bill. More landlords are likely to make use of letting agents to ensure that all regulatory requirements are being met. The letting agents, in turn, need the best possible advice on the extensive legislative measures that affect their client landlords. A problem here, however, is that current arrangements for assured advice do not extend to aspects of lettings activities in the Tenant Fees Act 2019. This legislation bans agents from charging fees to tenants as well as to landlords. Since the introduction of that legislation, local authorities have been anxious for this area of letting agency work to be included in the assured advice arrangements.
This small amendment would mean that lettings advice covering the Tenant Fees Act, on which property agency businesses can rely, would at last be available, and that local authority enforcement authorities can act with confidence. It is an entirely helpful amendment in tidying up a piece of defective legislation, and it fully supports the objectives of the Renters’ Rights Bill. I am not expecting passionate expressions of support from lots of your Lordships for this somewhat technical amendment, but I hope the Minister will say that it meets with the Government’s approval. I am pleased to move it.
I am going to disappoint the noble Lord, Lord Best, as I rise very briefly because I feel that this ties in quite neatly with his later amendments on letting agents becoming more professional and having better qualifications. Any means that will reduce the pressure on local authority enforcement teams are very much to be welcomed. The amendment is techy but simple, and I think it could be effective.