Oral Answers to Questions

Heather Wheeler Excerpts

Monday 5th November 2018 Commons Chamber

[Ms Karen Buck (Westminster North) (Lab)]

2. What guidance he has issued to local authorities on accommodating homeless families outside of their home borough.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I thank the hon. Lady for her question. As usual, I ask people to note my entry in the Register of Members’ Financial Interests.

In December 2017 we updated the homelessness code of guidance for local authorities, chapter 17 of which makes it clear that, when possible, local authorities should place families as close as possible to where they were previously living.

[Ms Buck]

There has been a 40% rise in London households being moved out of London by their local authority, and my own experience shows that local authorities are also moving families in unprecedented numbers away from their community, their children’s schools, their workplaces and their support. The code of guidance is clearly not working, so can the Minister tell us unambiguously that local authorities should, under no circumstances, expect children to commute to school from temporary accommodation for two, three or even four hours every day?

[Mrs Wheeler]

I do understand the particular problem that the hon. Lady is having in Westminster, but it is the London boroughs. We have been clear that placing families out of borough should be a last resort, and we have now committed £40 million to a London collaborative project that will ensure that families are placed in temporary accommodation close to home. We also recently launched the £20 million private rented sector access fund to support those who are homeless, or who are at risk of becoming homeless, to access sustainable accommodation. Finally, our specialist homelessness advisers are working closely with London boroughs in particular to provide support to limit the number of out-of-borough moves altogether.

[Alex Burghart (Brentwood and Ongar) (Con)]

The Housing First initiative has clear potential to prevent homelessness. What is the Department doing to monitor the effectiveness of pilots in Manchester and other cities, and what are its plans for taking the evidence forward?

[Mrs Wheeler]

My hon. Friend is right. The Housing First projects in Birmingham, Manchester and Liverpool are backed by the £1.2 billion that we have committed to tackle all forms of homelessness and rough sleeping across the country through to 2020. Housing First and the private rented sector access fund are also providing local authorities with flexible funding to tackle the homelessness pressures they are facing.

[Mr Clive Betts (Sheffield South East) (Lab)]

The guidance also says that an authority moving a homeless family out to another area should inform the receiving authority within 14 days. I have written to the Minister twice about this issue, and she has replied that Peterborough City Council is systematically dumping homeless families in Travelodges across South Yorkshire without telling the receiving authority. What will she do to ensure that the statutory guidance passed by this House is actually enforced and that authorities do not continue to flout it?

[Mrs Wheeler]

The hon. Gentleman is an assiduous Member and does such a good job of chairing the Housing, Communities and Local Government Committee —[Interruption.] Do you mind? We are trying to get there; let us have a bit of civility, shall we?

I have written again to the hon. Gentleman, and the important thing is that we have now had frank words with the local authority in Peterborough to say that it should have informed the receiving authorities—it has now done that. The team we have put together to help with homelessness is having a special word with Peterborough and other councils that were thinking of placing homeless people out of borough.

[Melanie Onn (Great Grimsby) (Lab)]

Homelessness has risen in each and every one of the past seven years. In the last year alone, 440 homeless people have died. The Budget pledged nearly £10 billion to a poorly targeted help-to-buy scheme, but it failed to mention homelessness once. Now the Secretary of State has scrimped together a measly £15,000 each for councils to tackle winter pressures. Will that guarantee that we will not see any rough sleepers on the streets this winter?

[Mrs Wheeler]

Sadly I do not have a crystal ball, but what I do have is a team of fantastic advisers who are making sure that councils have put in really good bids to help rough sleepers. Secondly, there is money: £40 million, £30 million, £75 million and, now, another £5 million. This Government take homelessness and rough sleeping extremely seriously, and we are the only Government who have put it in our manifesto that we want to halve homelessness and rough sleeping. We will be looking after the most vulnerable people in 2020, and we will finish this altogether in 2027. The answer is that the Government and the money that taxpayers are providing are doing their best.

[Rebecca Pow (Taunton Deane) (Con)]

3. What recent assessment he has made of the effectiveness of his Department’s support for local government.

--- Later in debate ---

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

The midlands engine is working with Stoke-on-Trent City Council as part of the transforming cities fund and making bids for significant investment. It was heartening to hear the Chancellor refer to that in his speech last Monday. Could the Secretary of State put us out of our misery and announce from the Dispatch Box today that Stoke will receive that funding, which would save a further round of hoop-jumping?

[Mrs Wheeler]

Good try!

[James Brokenshire]

As my hon. Friend says, that is a good try. I recognise the way in which the hon. Gentleman has championed Stoke, this initiative and the funding. All I can say is that we will look at that carefully, but I hope he gets a sense of the attention and focus we are giving to the midlands engine.

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[Will Quince (Colchester) (Con)]

17. What steps his Department is taking to reduce homelessness.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I thank my hon. Friends for their questions. We are spending more than £1.2 billion through to 2020, and we have implemented the Homelessness Reduction Act 2017, published our £100 million rough sleeping strategy and taken immediate action to begin to reduce the number of people on the streets.

[Kevin Foster]

I thank the Minister for her reply, and it is great to see her back in her place. As she will know, Torbay is very keen to take forward a Housing First pilot for our bay, to end the scourge of rough sleeping. Can she update us on what plans the Government have for that approach to be adopted?

[Mrs Wheeler]

We are delighted to be piloting Housing First at scale across England for the first time. The impact of that approach will be measured by a rigorous evaluation, which will ensure that we have the robust evidence base needed to demonstrate its effectiveness and inform future spending decisions.

[Will Quince]

Does my hon. Friend agree with me and the more than 20 homelessness and health charities, including St Mungo’s, which today published a joint open letter to Sir Simon Stevens of NHS England, that to tackle homelessness, we need to ensure that the NHS works with others and local authorities to provide better support for those tackling mental health, alcohol and drug addiction and sleeping rough on our streets?

[Mrs Wheeler]

My hon. Friend is an assiduous campaigner on this matter. We appreciate that this is a very high priority for all local constituency MPs on both sides of the Chamber. I certainly agree that wraparound support is crucial to help people who have been sleeping rough to access and sustain accommodation. In our recent rough sleeping strategy, we announced a range of measures, including asking NHS England to spend up to £30 million over five years on health services for rough sleepers.

[Rachel Reeves (Leeds West) (Lab)]

Street homelessness is a growing problem in my city of Leeds, reflecting inadequate social housing and mental health provision, and cuts to benefits. Big Change Leeds, launched last month, is bringing together everyone trying to help those who are street homeless in our city by giving their time or money. Will the Government welcome this initiative, but more importantly, will they commit their support by giving Leeds City Council the money it needs to address this growing problem in our city?

[Mrs Wheeler]

Again, I reiterate how very important this question is to everybody on both sides of the Chamber. I had the great pleasure of talking last week to the chief executive of the council in Leeds about the strategy and about the money and the help we are giving to the city. It was a really useful conversation to find a chief executive who is so committed to the project.

[Mr Jim Cunningham (Coventry South) (Lab)]

Will the Minister say how much money to deal with homelessness she has given to the local authority in Coventry and the charities in Coventry, which tell me that their allocations have been cut? That is no way to deal with homelessness.

[Mrs Wheeler]

I am very sorry that the charities are telling the local Member that, because overall we are putting in place a £1.2 billion fund for homelessness. I would certainly be very happy to write to the hon. Gentleman. His area is part of the greater west midlands project, and the greater west midlands Mayor, Andy Street, has many millions of pounds to help with homelessness—going to Coventry as well as the other parts of the greater west midlands.

[Mr Speaker]

I want to get through two more questions very quickly.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

13. What recent steps he has taken to ensure that changes to existing leaseholds are more (a) accessible and (b) affordable.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

It is right that developers who sold leaseholds with onerous terms should support their customers to amend them. Some developers have introduced assistance schemes, which is welcome, but these must go further and faster. We are meeting developers shortly to discuss progress, and we will take further action as necessary.

[Chi Onwurah]

The St Mary Magdalene and Holy Jesus Trust in my constituency is a charity that is refusing to allow its leaseholders to extend their leases, in a wholly uncharitable way. The Secretary of State talks about roundtables and reviews, but when will my constituents get some sort of justice and the ability to extend their leases?

[Mrs Wheeler]

The hon. Lady has a particular problem with a particular trust. The good news is that, following last year’s discussions, the trust has now made an offer to some of her constituents to enable them to purchase their freeholds. I am aware that her constituents have found the freehold purchase price of the leasehold properties to be prohibitive. We are also aware that different formulas are in use to establish the cost of enfranchisement. The Government are looking to standardise enfranchisement processes and have asked the Law Commission to review current arrangements, including the valuation methodology. This will support existing leaseholders by making buying the freehold or extending the leasehold easier, faster and cheaper.

[Sir Robert Syms (Poole) (Con)]

14. What discussions he has had with the Chancellor of the Exchequer on the effect on first-time buyers of (a) Help to Buy and (b) the reduction in stamp duty.

--- Later in debate ---

[Mr Speaker]

The hon. Gentleman might like to secure an Adjournment debate on the subject.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

What a very good idea, Mr Speaker. I will not talk about the judicial review in detailed terms—obviously, it is ongoing—but I have been proud to sign off selective licensing in other parts of the country where the council has done a good job. I ask the hon. Gentleman and his colleagues in Brighton to urge the local council to review its paperwork. If it comes back with detailed arrangements that I can sign off, I certainly will.

[Damien Moore (Southport) (Con)]

T6. The money announced in last week’s Budget to help to revitalise our high streets was warmly welcomed in my constituency of Southport. Will the Minister confirm when that money will be available?

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[Fiona Bruce (Congleton) (Con)]

Many of my constituents are suffering from severe stress following the purchase of their homes on unfair leasehold terms. Does the Minister agree that tackling leasehold abuse is a matter of urgency, and will she comment on a timetable for action?

[Mrs Wheeler]

I thank my hon. Friend for her question. The Government are very clear that unjust leasehold practices must come to an end. We have committed to banning new leasehold houses and restricting ground rents on future leases to a peppercorn. We launched our consultation on the details of these proposals on 15 October. I agree that this is an urgent matter, having read many of the stories of leaseholders facing high or doubling ground rents or struggling to sell their homes, especially in my hon. Friend’s part of the north-west. We will bring forward legislation as soon as parliamentary time allows.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Secretary of State agree that one of the most effective ways to deal with rising housing costs and rising eviction rates is for councils to follow the lead of my council—Sutton Council—and build council homes, over 90 of which are about to come on-stream very soon?

[Mrs Wheeler]

I thank the right hon. Gentleman for his question, and I commend his council for doing that. My council is going to build 175 next year.

[Mr Philip Hollobone (Kettering) (Con)]

Will the Department work with the Department of Health and Social Care to use the local reorganisation of local government in Northamptonshire as an opportunity to receive local proposals to develop a pilot for a new integrated social care and health system in the county?

--- Later in debate ---

[Rachael Maskell (York Central) (Lab/Co-op)]

A constituent of mine has been a faithful council tenant for 30 years. Over this time, she has invested much in her home. Her ex-partner served notice when he moved out, and now City of York Council is moving to evict her next week. This is having a serious impact on her mental health—among other things, it has led to her feeling suicidal—yet the council still plans to move her. Will the Minister urgently meet me to discuss this case and the mental health assessments of tenants that should take place?

[Mrs Wheeler]

What a very sad case. Of course, I would be delighted to meet the hon. Lady.

[Mr William Wragg (Hazel Grove) (Con)]

Following the Office for National Statistics household projection figures being revised downwards by nearly a quarter, will my hon. Friend the Minister ensure that regional housing targets reflect the easing of pressure to build on the green belt, with particular reference to the Greater Manchester spatial framework?

Homes (Fitness for Habitation) Bill

Heather Wheeler Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

Thank you—[Interruption.] Get on with it, absolutely—God almighty! I just think that this is an important Bill and it needs all the time and love that it can have.

Before I start my speech, I draw Members’ attention to my entry in the Register of Members’ Financial interests. I thank the hon. Member for Westminster North (Ms Buck) for everything she has said and congratulate her for tenaciously taking this Bill through Committee and bringing it to the House today. Her Bill is an important part of our work to raise awareness of this vital issue of standards in rented properties. I want to talk about rented houses and flats, both social and private, and the sort of unacceptable conditions that some tenants have to put up with. Many Members have already mentioned the minority of landlords who do not think that they need to comply with the law, and how their tenants suffer as a result. I would also like to describe some of the new requirements we have brought in to help improve the lives of tenants and make sure rogue landlords are either driven out of the sector or forced to sort out their properties and their attitude. The hon. Lady’s Bill is an extremely valuable part of this work.

We had, I felt, a very productive, interesting and worthwhile debate in Committee. I am going to set out the other work we are doing to help tenants, which includes some new requirements but also makes sure we sharpen the tools we already have. In England, privately rented houses and flats provide housing for 4.7 million households—20% of all households. The social rented sector provides a further 17%, another 3.9 million house- holds. The majority of these are safe, secure, warm and dry.

People are tenants for all sorts of reasons—maybe the flexibility is convenient for them, maybe it makes more financial sense or perhaps it means they can live in the area they want to. Some 84% of tenants in the private rented sector and 81% of social housing tenants have said they are satisfied with their accommodation. These tenants have already seen an improvement in the quality of the houses and flats they live in. In 2008, serious category 1 health and safety hazards would have been found in around 30% of properties in the private rented sector and 15% in the social sector. By 2016, those figures had fallen to 15% of private rented and 6% of social properties.

However, it is still not acceptable that there is a hard-core, stubborn minority of landlords who rent out places that are not fit for their tenants to live in. Not all tenants have the luxury of choosing where to live, and some of the most vulnerable people in society live in these unfit properties. It is precisely this minority of houses and flats which still have serious hazards that the Bill will help to tackle.

We have been working hard to improve housing conditions and tackle rogue landlords. For example, since 2015 landlords must install a smoke detector on every floor of their properties, and they must have carbon monoxide detectors where the heating comes from solid fuels. I congratulate my hon. Friend the Member for Walsall North (Eddie Hughes) on all the work he has done on that issue.

We also used the Housing and Planning Act 2016 to give local authorities tough new powers to tackle rogue landlords and poor property conditions in their areas. If landlords do not comply with legal notices served on them because their properties are not safe to live in, local authorities can now impose civil penalties of up to £30,000. Bristol City Council, for example, has imposed 12 civil penalties, with the lowest at £628 and the highest at £25,800. Local authorities do not even have to take rogue landlords to court to give them that short, very sharp shock, and they can use the revenue to further fund their enforcement activities. That is hugely important for council finances.

As well as that, if tenants have had to live with a serious health and safety hazard in their house or flat and the local authority has served a legal notice on their landlord, they may be able to reclaim up to 12 months’ rent. If the rent was paid through benefits, the local authority can get that back, too. Really serious offenders can have their name added to the new database of rogue landlords and property agents and could be banned from being a landlord, possibly for life.

In addition to those powers, we have extended the licensing of houses in multiple occupation. These properties are occupied by tenants who are not related but who share facilities such as bathrooms and kitchens. They are often good value and form a useful part of the housing market for many tenants. However, they are higher risk. Landlords of larger HMOs—those on three or more floors with five or more tenants—require a licence issued by the local authority for each property. On 1 October this year, we extended that to include HMOs with one or two storeys and five or more tenants. We have also introduced requirements for minimum room sizes, to help prevent some of the overcrowded conditions that local authorities have reported to us.

I am pleased to say that this is the third private Member’s Bill introduced by a Labour Member that this Government have supported, following the Assaults on Emergency Workers (Offences) Act 2018, which was promoted by the hon. Member for Rhondda (Chris Bryant) and received Royal Assent in September, and the Mental Health Units (Use of Force) Bill, which was promoted by the hon. Member for Croydon North (Mr Reed) and is now in the other place.

The Bill before us builds on the work that has been done and adds a new dimension to the fight against rogue landlords. It will empower tenants by allowing them to seek redress from their landlords if their rented house or flat is in an unacceptably dangerous condition. Landlords will have to keep their properties free from hazards from the outset and for the entirety of the tenancy. Tenants will be able to seek redress without having to rely on their local authority, if they prefer to, and local authorities will still have the same strong enforcement powers to serve legal notices where they find serious health and safety hazards.

No further obligations will be put on landlords who rent out safe, secure, warm and dry properties. If a landlord is quick to carry out repairs when they are reported, manages their property well and takes their responsibilities seriously, the effect the Bill will have on them will be to level the playing field. Rogue landlords will have to improve their properties or leave the business. Landlords who do not maintain safe properties prevent an effective and competitive rental market where all landlords operate on an equal footing.

It is those two aspects of the Bill—giving more power to tenants but putting no new obligations on good landlords—that allow it to sit so well with the range of initiatives we have already introduced. The Bill will give power to tenants, which will complement the existing powers and further enforcement options we have provided to local authorities. Good landlords have nothing to worry about because there are no new obligations or costs for them under the Bill.

It was reassuring to hear such support and general agreement from Members across the House on Second Reading. That is a testament to how seriously all parties take this issue. In Committee in June, I once again heard cross-party support for the Bill and agreement that we need to act now. Members drew attention to issues in the private and social rented sectors that concerned them, and no one argued against the Bill.

Amendments were made in Committee that have further tightened the provisions of the Bill and made it more effective. For example, the common areas of rented properties will now be included. That is important because properties with common areas such as shared stairwells can be at a higher risk from hazards such as fire, as we have heard. Tenants need to be confident that they can hold their landlord to account when it comes to health and safety hazards in those common areas. That amendment will further help tenants in properties such as houses in multiple occupation.

The Bill will extend tenants’ rights and, for the first time, allows them to seek redress if their landlord rents them a property that is not fit for human habitation. It is vital that tenants understand their rights and know how to use them, as Members have said. Subject to the Bill receiving Royal Assent, we will produce guidance for tenants that will explain their rights and how to represent themselves in court should that prove necessary. We will also signpost where and how they can get any support they might need. That guidance will complement the “How to” series of guides produced by my Department, which have recently been revised and expanded. The guides include checklists for new and existing tenants, landlords and letting agents. Whatever the circumstance, we want to ensure that tenants are armed with information, so that they know their rights and responsibilities and can challenge poor behaviour.

There is still more to do. Our support for the hon. Lady’s Bill is an important part of our programme of work to drive up standards in rented houses and flats, and that support does not sit in isolation. We recognise the important role that landlords play in providing homes to millions of people around the country. We want to bring fairness to the market and promote good practice. It is key to the Bill that landlords ensure their properties are fit for human habitation.

Whether a house or flat is fit is determined by the presence of serious hazards. Those hazards are set out in the housing health and safety rating system—or the HHSRS, as it is nattily known. The HHSRS focuses on the hazards that are most likely to be present in housing. Tackling those hazards makes homes healthier and safer to live in. As part of our ongoing work to improve standards, we will commission a review to ensure that the HHSRS continues to work well, and that will take place next year.

Tenants are, of course, at the heart of the Bill. The intention behind it is to empower tenants, which is our intention as a Government. We have introduced legislation banning letting agents from making unfair and hidden charges, making it easier for tenants to find a property at a price they are willing to pay and saving renters an estimated £240 million in the first year alone. In addition, we have announced plans to make client money protection mandatory for letting agents and will introduce requirements on training and accreditation to ensure that tenants are protected. We will further empower tenants by requiring all landlords to belong to a mandatory redress scheme. The work the Government have already done to improve conditions for tenants, as well as the work we are now doing and the hon. Lady’s Bill, will mean a real improvement for tenants and a serious driving up of standards in both the social and rented sectors.

I want to thank the right hon. Member for East Ham (Stephen Timms), the hon. Members for York Central (Rachael Maskell), for Streatham (Chuka Umunna), for Oldham West and Royton (Jim McMahon), for Hammersmith (Andy Slaughter), for Warrington South (Faisal Rashid), for Reading East (Matt Rodda), for Kensington (Emma Dent Coad), for Brentford and Isleworth (Ruth Cadbury) and for Great Grimsby (Melanie Onn), and my hon. Friends the Members for Colchester (Will Quince), for Walsall North, for Torbay (Kevin Foster), for Harborough (Neil O’Brien) and for West Aberdeenshire and Kincardine (Andrew Bowie) for all their contributions today and in Committee. I am grateful for all the hard work on the Bill across the House.

To conclude—

[Tim Loughton (East Worthing and Shoreham) (Con)]

Oh!

[Mrs Wheeler]

I could go on, if my hon. Friend would like me to.

It is clear that there is support for the Bill across the House. The Bill will empower tenants and help to further improve standards in rented houses and flats. It has been a pleasure working with the hon. Member for Westminster North, and I am sure her Bill will get the continued support it deserves as it progresses.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Heather Wheeler Excerpts

Committee Debate: House of Commons
Wednesday 20th June 2018 Public Bill Committees

[Ms Buck]

It is a pleasure to serve under your chairmanship this morning, Mr Wilson. I am very grateful to the Minister and to everyone who spoke on Second Reading and who has agreed to serve on this Committee.

The first group of amendments are broadly technical. With your permission, Mr Wilson, I will spend a minute or two setting them in the context of the Bill. I hope that that means we will not have to spend time later on clause stand part.

Clause 1 is, in effect, the Bill. It would amend the Landlord and Tenant Act 1985 to ensure that homes are required to be in a condition that is fit for human habitation at the beginning of the tenancy and throughout the tenancy. Landlords are not currently required to ensure that the properties they rent out are free of potentially harmful hazards. There are statutory obligations on most landlords to keep in repair the structure and exterior of their properties and to repair installations for the supply of water, heating, sanitation and so forth. However, provisions requiring landlords to ensure that their properties are fit for human habitation have ceased to have effect over the past half century as a result of the annual rent limits, which have not been updated.

This short Bill would amend the 1985 Act to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. There is to be an implied covenant in a lease that a landlord must ensure that their property is fit at the beginning of the tenancy and for its duration. Where a landlord fails to do so, the tenant would have the right to take action in the courts for breach of contract on the grounds that the property is unfit for human habitation.

Currently, tenants must rely on local authority environmental health departments to enforce against bad landlords on their behalf. As I found in my research with Dr Stephen Battersby, and as Generation Rent confirmed this weekend in its research, enforcement is wholly inadequate to the task almost everywhere, and non-existent in some places. If the tenancy is with the local authority, the position is even more restricted, since environmental health departments cannot enforce against themselves.

Despite a long-term improvement in housing conditions over recent years, around 1 million properties remain in such a state that they represent a serious hazard to health. That affects about 3 million people who are overwhelmingly the most vulnerable and deserve our protection.

The Bill would do three things: it would ensure that any home has to be fit for the tenant to live in; it would update the fitness standards; and it would apply the legislation to local authority housing as well as to other forms of rented housing. It would do so by replacing section 8 of the Landlord and Tenant Act 1985 in its entirety for England. The proposed new sections in the Bill set out the implied covenant regarding fitness, the various exemptions and the leases to which the implied covenant applies.

There are two groups of amendments to clause 1, the first being largely technical. Amendments 1 and 2 and 9 to 13 address the position of Wales. The Bill extends to tenancies in England only. Housing is a devolved matter and section 8 is a matter for the Welsh Government in Wales. Until any changes are made, sections 8 to 10 of the 1985 Act will continue to apply in Wales in their existing form. The amendments provide for that, while introducing the provisions of the Bill for England.

Amendments 8, 14 and 15 correct the short and long titles of the Bill to remove the wording that originally related to a contemplated clause addressing liability for failure to comply with building regulations. That clause was not brought forward on Second Reading, so the short and long titles should be amended to reflect that.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

It is a pleasure, Mr Wilson, to serve under your chairmanship.

I congratulate the hon. Member for Westminster North on successfully taking the Bill through Second Reading and, more generally, on raising awareness about the importance of improving standards in the rented housing market. I look forward to working with her as the Bill proceeds through its many stages.

We are in favour of these technical amendments and I have nothing more to add.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 1, line 3, leave out from beginning to “Fitness” in line 4 and insert—

“( ) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—

‘9A ’”.—(Ms Buck.)

This amendment is consequential on Amendment 1.

[Ms Buck]

I beg to move amendment 3, in clause 1, page 2, line 7, after “landlord” insert “or other third party”.

This amendment would ensure that a landlord will not be liable under the implied covenant as to fitness for human habitation in circumstances where the required remedial works require the consent of a third party if reasonable efforts to obtain the consent are made but the consent cannot be obtained.

--- Later in debate ---

[Ms Buck]

The Bill relates to tenants, not leaseholders. It means that if a tenant is renting a property where there is more than one landlord, the provisions that I have just outlined will apply. The tenant will have recourse through their own landlord, but if the landlord is unable, after making reasonable efforts, to secure permission to make the changes required owing to other obligations, that constitutes an exemption under the legislation.

The wording of amendment 4 follows from the Landlord and Tenant Act 1985, which imposes an equivalent liability on the landlord for section 11 repair obligations. The fitness requirements are therefore very much consistent with the repair obligations that are already well established.

The definition of common parts is taken from the Landlord and Tenant Act 1987 and refers to

“any building or part of a building”

including

“the structure and exterior of that building or part and any common facilities within it”.

The same definition is used in respect of section 11 of the 1985 Act. In effect, the amendments secure consistency between the main statutory repairing rights.

Amendments 6 and 7 clarify that the implied covenant applies to any periodic or secure tenancy arising after the commencement date at the end of the fixed-term tenancy granted before the commencement date. That would include a secure tenancy after, for example, an introductory tenancy, an assured tenancy after a fixed-term starter tenancy, or a statutory periodic tenancy arising at the end of a fixed-term assured shorthold tenancy.

Amendment 4 is the most substantial amendment relating to common parts. We were unable to table it on Second Reading, but I am extremely grateful for the work that has been done by officials working with Justin Bates and Giles Peaker, who were the two lawyers who helped to draft the original legislation. Working on the Bill over the last few months to ensure that it, as a whole, is fit for our purpose and to table these amendments has been an incredibly productive experience for us all. I hope that all hon. Members will support the amendments and clause 1.

[Mrs Wheeler]

I, too, congratulate everyone on the Bill team and all the lawyers who have been working on this matter. This is a sensible amendment that the Government accept and are very happy to support.

[John Healey (Wentworth and Dearne) (Lab)]

It is a pleasure to serve under your chairmanship on a Bill Committee for the first time, Mr Wilson. In the spirit in which my hon. Friend the Member for Westminster North introduced the first group of amendments, perhaps I may deal with amendment 4 but also speak a little more widely. That may help you decide, Mr Wilson, whether we should have a clause stand part debate and how wide it should be.

I underline the Opposition’s continued strong support for the Bill. It sets out exactly the legal changes that Opposition Front Benchers tried to introduce two years ago into the Housing and Planning Bill. We were resisted at that time, which is why in January I warmly welcomed the Minister and the Conservative party’s change of approach. I also welcome the willingness of the Government to set up a second Committee to deal with the bottleneck that we had regarding private Members’ Bills that have reached this stage.

I pay tribute to the work that the Minister and her officials have done. They have not taken this private Member’s Bill and filleted it, as sometimes happens. On the contrary, on amendment 4 they have proved willing, as they suggested on Second Reading, to extend the basic provisions on the responsibility of landlords to make and keep fit for human habitation—not just to make repairs—to common parts as well. I strongly welcome that.

I, too, pay tribute to the advisers that my hon. Friend the Member for Westminster North has had in Giles Peaker and Justin Bates. They are among the finest housing lawyers in the country. The Committee and the House are very fortunate to have their unremunerated commitment and expertise behind the Bill.

Above all, I cannot let this opportunity go by without paying tribute to my hon. Friend the Member for Westminster North. This really is the Buck Bill. This is not a hand-out Bill from Government, or a Bill prepared by an outside organisation and thrust into the hands of a Member who has come out high in the private Member’s Bill ballot. My hon. Friend has worked for a long time to develop the content of, and the case for, the legislation. She has also worked for some time to build the coalition of support behind the measures, which includes the Residential Landlords Association and the National Landlords Association.

The Bill is a really important step forward. My hon. Friend has mentioned the scale of the desperately bad, indefensible housing that too many people, as tenants, have to put up with across the country. You will be familiar with that, Mr Wilson, from many cases in your own part of the north-east. The provisions in the Bill are long overdue.

Finally, I say gently to the Minister that I am so glad that the Government have shifted their view and accepted, in this small way, the need to regulate more strongly a market that the Prime Minister herself described as “broken”. I hope it will be a first step towards some of the other changes that are clearly necessary, such as longer tenancies, controls on rents and greater licensing of private landlords. Will the Minister give us an indication of when mandatory electrical safety checks will see the light of day, given that they are already part of legislation? They would be a great complement to the provisions that my hon. Friend the Member for Westminster North is leading on for us today.

[Mrs Wheeler]

I have nothing further to add, other than to say that we support the amendment.

Amendment 3 agreed to.

Amendments made: 4, in clause 1, page 2, line 28, at end insert—

“( ) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”

This amendment would extend the implied covenant as to fitness for human habitation in cases where the dwelling forms a part of a building to any of the building’s common parts in which the landlord has an estate or interest.

Amendment 5, in clause 1, page 2, line 38, at end insert—

“‘common parts’ has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;”.

This amendment is consequential on Amendment 4.

Amendment 6, in clause 1, page 3, line 7, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 7.

Amendment 7, in clause 1, page 3, line 20, at end insert—

“(4A) Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.”

This amendment would ensure that the implied covenant as to fitness for human habitation will apply to a periodic or secure tenancy that comes into existence after the date on which the Bill comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that date.

Amendment 8, in clause 1, page 3, line 45, leave out

“and Liability for Housing Standards”.

This amendment is consequential on Amendment 15.

Amendment 9, in clause 1, page 4, line 2, at end insert—

“9C Application of section 9A to certain dwellings occupied by agricultural workers

(1) This section applies where under a contract of employment of a worker employed in agriculture—

(a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and

(b) the provisions of section 9A (implied term as to fitness for human habitation) are inapplicable by reason only of the dwelling not being let to the worker.

(2) There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.

(3) The provisions of section 9A apply accordingly—

(a) with the substitution of ‘employer’ and ‘employee’ for ‘lessor’ and ‘lessee’, and

(b) with such other modifications as may be necessary.

(4) This section does not affect—

(a) any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or

(b) any remedy for enforcing such an obligation.”

This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the new implied covenant, is consequential on Amendments 1 and 2.

Amendment 10, in clause 1, page 4, line 3, leave out subsection (3).

This amendment is consequential on Amendments 1 and 2.

Amendment 11, in clause 1, page 4, line 11, leave out sub-paragraph (i) and insert—

“(i) after ‘house’, in both places where it occurs, insert ‘or dwelling’;”.

This amendment is consequential on Amendments 1 and 2.

Amendment 12, in clause 1, page 4, line 15, before “any” insert

“in relation to a dwelling in England,”.

This amendment is consequential on Amendments 1 and 2.

Amendment 13, in clause 1, page 4, line 27, after “habitation” insert “of dwellings in England”.

This amendment is consequential on Amendments 1 and 2.

Amendment 14, in clause 1, page 4, line 27, at end insert—

“( ) In section 302 of the Housing Act 1985 (management and repair of houses acquired under section 300 or retained under section 301), in paragraph (c)—

(a) for ‘section 8’ substitute ‘sections 8 and 9A’, and

(b) for ‘does’ substitute ‘do’.”—(Ms Buck.)

This amendment is consequential on Amendments 1 and 2.

Question proposed, That the clause, as amended, stand part of the Bill.

[Ms Buck]

We have had a brief discussion of the amendments in the context of clause 1, so I do not wish to detain the Committee long. Clause 1 is the substance of this short Bill. We had a good debate on Second Reading in which virtually everyone on the Committee today participated.

I am very grateful to my right hon. Friend the Member for Wentworth and Dearne for his kind words. The Bill has caught the moment in terms of housing standards. Although there has been an improvement in the quality of the housing stock over decades, millions of people still remain in unfit housing, including many children. They are often the families and individuals who have the least choice in their housing. They are people with disabilities and long-term health problems, and people on very low incomes. Although a local authority has an important role to play in enforcing behaviour, it is essential that those people have a direct means of redress against the worst landlords.

As my right hon. Friend said, this is just one of many different measures that we would like to see brought forward; the Government have brought some forward and there are other measures we would like to see that would strengthen the role of tenants. We are conducting our business at the same time as the Grenfell inquiry into the worst residential fire in modern British history is going on, and we are reminded of the critical importance of listening to tenants’ concerns. The Bill is one of the ways in which we can reflect those concerns.

[Mrs Wheeler]

I am happy to support the clause.

Question put and agreed to.

Clause 1, as amended, accordingly ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Amendment made: 15, in clause 2, page 4, line 32, leave out

“and Liability for Housing Standards”.—(Ms Buck.)

This amendment would change the short title of the Bill so as to leave out the reference to liability for housing standards (see the explanatory statement for Amendment 16).

Question proposed, That the clause, as amended, stand part of the Bill.

[Ms Buck]

This is a brief clause that allows the commencement of the provisions of the Bill three months after the granting of Royal Assent. As far I am concerned, the sooner the better.

--- Later in debate ---

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

For all those people who are cynical about MPs, the Bill stands out as a shining light. My hon. Friend the Member for Westminster North regards very seriously her role of doing casework and understanding the problems of her constituents in a built-up urban area where the demands for housing outstrip supply, and where landlords can behave as they choose.

We are all beginning to understand that our local authorities are either unable or unwilling to take action to resolve many of those problems. That is either because they do not have the finances to do so or because they are concerned that, if more private tenants are evicted by landlords, they have to take on the responsibility for rehousing them and are unable to do so.

This is a great Bill born out of a great place by a great campaigning MP, but our constituents and vulnerable tenants will be able to take action only if they have support. Once again, we will fall back on the great work of our local law centres and legal advice agencies, which are also experiencing great demand and difficulty. I would be grateful if the Government took on board what needs to be done to allow the words on the page to become reality and enable some of our most vulnerable constituents to take action against their landlords.

[Mrs Wheeler]

It seems appropriate to wrap up my comments here. It is great news that everybody on the Committee completely agrees with the Bill. In broader terms, everyone deserves a safe and decent place to live, regardless of tenure. The vast majority of landlords work hard to ensure that their tenants live in decent and properly maintained properties. The majority of tenants are satisfied with their home, but for a minority of tenants the picture is very different.

According to the English housing survey, the social rented sector contains about 250,000 properties out of 4 million-plus with at least one serious hazard. The situation is worse in the private rented sector, where approximately 800,000 properties contains at least one serious hazard. It is unacceptable that anyone should have to live in a property with serious hazards, and we are determined to ensure that all landlords either meet their obligations or are forced to leave the sector. Local authorities have strong and effective powers to require landlords to carry out improvement works, and we expect them to be used.

We recently introduced a range of additional powers through the Housing and Planning Act 2016. Those powers include the abilities to impose a civil penalty of up to £30,000 and to ban the most serious and prolific offenders, potentially for life. We know that many local authorities are already making good use of the powers. Torbay Council, for example, has used revenue from civil penalties to fund an extra enforcement officer for its housing team. There is more to do, however. That is why the Government strongly support the Bill, which will help drive up standards in rented homes and ensure tenants get a fair deal.

The Bill will not introduce new obligations on landlords. They can already be required by their local authority to rectify any serious hazards in their property. The Bill empowers tenants to hold their landlord to account in the courts, rather than having to rely on the local authority to take enforcement action on their behalf.

[Andy Slaughter]

Obviously, that is what the Bill is about. Does the Minister agree that the Government also have a role to play, either by ensuring that tenants have the resources to be able to enforce their rights, as several hon. Members have said, or by looking at how local authorities and others use the private rented sector? We have seen accommodation procured that is not fit for purpose, even with the Grenfell replacement accommodation. There has been outsourcing. In the time that I have been involved with this issue, we have gone from people in bad private rented accommodation waiting to go into council flats to people who would have expected to go into council flats effectively being put into the private rented sector in substandard accommodation. I hope the Government will also look at that as part of this exercise.

[Mrs Wheeler]

Indeed. Interestingly, when a tenant might take a landlord to court because of a hazard, we know that 75% of those hazards are visible, such as uneven floor surfaces, excess cold or damp and so on. Where a tenant has concerns, they should ask the local authority to inspect and determine what level of hazard it is. Bodies such as Citizens Advice and Shelter can also give advice on such matters.

[Siobhain McDonagh]

Is the Minister aware of how many London boroughs have capital funds to do works in default where such problems in the private rented sector are very high?

[Mrs Wheeler]

That is exactly why we have got the fines of up to £30,000 that can be levied. As I have explained, Torbay Council has been on the front foot. It has now employed another person because of the fines it has levied and received. I think that answers the hon. Lady’s question. Councils need to step up.

It was clear on Second Reading that there is wide cross-party support for the Bill and general agreement that we need to act now to require landlords to proactively ensure that their properties are free from hazards at the outset. Not to do so would be unfair on good landlords who are in the majority and who do keep their properties properly maintained. It would also mean that those tenants living in a property with serious hazards would be unable to hold their landlord to account.

It is important that tenants clearly understand their rights and know what to do if something goes wrong. Subject to the Bill successfully receiving Royal Assent—we hope it will be in spring 2019, to answer the question of the right hon. Member for Wentworth and Dearne—we will produce a short guidance document for tenants that will explain their rights under the legislation and how to represent themselves in court, should that prove necessary. The guidance will complement the “how to” series of guides produced by my Department, which have recently been revised and expanded. The revised versions will be published shortly. Tenants are already protected from retaliatory evictions where the local authority has confirmed that there is a legitimate complaint regarding a hazard.

The Bill sits very well with the range of initiatives that the Government have taken to improve conditions in the private rented sector. We have introduced fines of up to £30,000 for a range of housing offences. We also introduced legislation allowing tenants and local authorities to reclaim up to 12 months’ rent for offences such as failing to comply with an improvement notice or a prohibition order. We have also introduced banning orders, potentially for life, preventing the worst landlords from renting out property. We are not resting on our laurels, however; we know there is still much more to do to drive up standards. That is why we are legislating to ban letting agent fees for tenants, thereby reducing costs and improving affordability.

Draft Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018 Draft Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2018

Heather Wheeler Excerpts

Tuesday 12th June 2018 General Committees

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I beg to move,

That the Committee has considered the draft Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018.

[The Chair]

With this it will be convenient to consider the draft Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2018.

[Mrs Wheeler]

It is a pleasure to serve under your chairmanship, Mr Gray. The regulations were laid before the House on Thursday 3 May 2018. I will refer to them as the approval regulations and the requirements regulations respectively. The private rented sector is an important part of our housing market. It has doubled in size over the last decade, and letting agents now hold approximately £2.7 billion in client funds. The client money held by agents includes rent money and money provided by landlords for the purpose of making property repairs. At the moment, however, there is no legal requirement for agents to obtain client money protection. Tenant and landlord money is therefore at risk if an agent goes bankrupt or if client funds are misappropriated. The main letting agent representatives, ARLA Propertymark and the National Approved Letting Scheme—NALS—support making this protection mandatory. Indeed, it is estimated that around 60% of agents already hold such protection.

[Michael Fabricant (Lichfield) (Con)]

I am curious to understand the context. Can my hon. Friend give any indication of the approximate rate of failures and money lost? Basically, how big a problem is it?

[Mrs Wheeler]

I thank my hon. Friend for his interesting question. I will come to it in the rest of my speech.

Making client money protection mandatory will ensure that every tenant and landlord has the financial protection they need. It will bring the property agent sector into line with others where client money is held, such as the legal profession and travel operators.

Before I set out the detail of the regulations, I want to establish the legislative context. The Housing and Planning Act 2016 provided powers for the introduction of client money protection requirements. Following Royal Assent, the Government invited Baroness Hayter and Lord Palmer of Childs Hill to chair a client money protection working group. The working group reported in March 2017, and its recommendation to make client money protection mandatory was accepted by the Government. The Government consulted on implementing mandatory client money protection in November 2017, and there was broad support for our proposals.

I will now introduce the two sets of regulations. The first set—the approval regulations—establishes the procedure for Government to approve privately run client money protection schemes. The second set—the requirements regulations—requires agents in the private rented sector to belong to one of those approved schemes if they handle client money. These two sets of regulations, which together provide the framework for client money protection, are the subject matter for debate before the House today.

I turn first to the approval regulations, which require any client money protection scheme to be approved by the Secretary of State in order to operate. This is to ensure that all schemes meet minimum standards and offer sufficient financial protection. The Government do not intend to create their own scheme at this time. That would be unnecessary, given the number of schemes in the market already. However, the regulations allow the Government to do so in future, so that any protection can be maintained in the unlikely event that the market ceases to offer provision.

In order to obtain approval, client money protection schemes must meet certain conditions, including those that are designed to ensure that landlords and tenants can easily obtain compensation. The scheme administrator must ensure that it has procedures in place so that valid claims are paid as soon as reasonably practicable—I love that word. It cannot make deductions from those claims. The scheme administrator must also hold a level of insurance cover that is appropriate given the amount of client money held by its members. Schemes must put in place arrangements so that in the event of the scheme closing, their members would be notified and transferred to an alternative scheme.

The approval regulations also establish minimum standards that must be set in scheme rules. They include requirements for members to hold money in a separate client account; to have written, transparent procedures for handling client money; and to maintain adequate records.

[John Healey (Wentworth and Dearne) (Lab)]

I am grateful to the Minister for giving way in her explanation of what she describes as the approval regulations. What would be her success or failure criteria, which would trigger the Government’s re-thinking of the matter and their implementation of the provision in the regulations for setting up their own scheme?

[Mrs Wheeler]

I thank the right hon. Gentleman for that question. We do not anticipate any failure, particularly because the schemes are backed by insurance. It is, however, a matter of form that the Government always provide in regulations that they can react, should the need arise.

Scheme rules must also require members to hold an appropriate level of professional indemnity insurance cover, to ensure that client money protection schemes are not overwhelmed with claims. The first port of call for a consumer making a claim should be their agent and their agent’s insurers; I hope that that somewhat answers the right hon. Gentleman’s question. Finally, schemes must provide key information to the Department on a quarterly basis to enable us to monitor their performance. If a scheme’s standards are not maintained, its approval can be withdrawn.

[John Healey]

Before the Minister moves on, if the Department requires, and will receive, quarterly reports on the activity and the performance of each of the schemes, will she undertake to make that quarterly performance information public?

[Mrs Wheeler]

I will come to that in my closing remarks. I turn to the requirements regulations, which will require all property agents in the private sector to obtain membership of a Government-approved client money protection scheme by 1 April 2019. Those agents will need to meet increased transparency requirements, publish details of scheme membership and inform clients when they lose cover.

The Government recognise that robust and effective enforcement is essential to the implementation of mandatory client money protection. Agents that fail to get client money protection may be subject to a financial penalty of up to £30,000. Those that do not meet transparency requirements will face a penalty of up to £5,000. The regulations level the playing field by ensuring that it is not just reputable agents that offer protection.

For those agents that do not yet have client money protection, we anticipate that obtaining it will not be disproportionately burdensome. Indeed, the average annual fee for cover is only between £300 and £500. It is important to highlight that these requirements apply only where landlord and tenant money is held by a property agent, and so is at risk. Agents can instead choose to eliminate the risk by, for example, allowing tenants to pay their rent to the landlords directly. The new requirements should therefore not deter new entrants to the market.

Hon. Members may be aware that we have committed to introducing a new regulatory framework for letting and managing agents, and to prohibiting letting agents from charging fees directly to tenants. Mandatory client money protection will be an important part of this regulatory framework, which will give landlords and tenants assurance when using an agent. I will close there and answer the questions.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I want to follow up on the point that my hon. Friend the Member for Lichfield made about less successful agents. There are references in the notes to agents that are unable to obtain CMP cover and meet due diligence. What is the justification for allowing such agents to trade? If they are so bad that they cannot meet the diligence requirement, why would we want them trading?

[Mrs Wheeler]

My right hon. and learned Friend asks an extremely good question. We want to make sure that there is enough time for a firm to get its business plan in order, and we expect all letting agents that deal with client protection money to get CMP cover. Similarly, if there is any problem, they can alter their business plan so that matters such as rents go direct, and they are not in charge of those things. I hope that that helps. I will answer other questions in my round-up, after the right hon. Member for Wentworth and Dearne has said a few words.

--- Later in debate ---

[Mrs Wheeler]

What a pleasure it was to hear those three extra questions, further to the three earlier questions. I thank you for chairing the debate, Mr Gray. I also thank the Committee Clerks and the Doorkeepers and everybody who has been involved in organising it, and I thank right hon. and hon. Members for their contributions.

To address some of the points raised, there have actually been only a small number of cases in which claims have been made against existing CMP schemes. The reason why we are going forward with the draft regulations is that this is a growing sector, and so claims may sadly increase in the future. The point of the draft regulations is to protect people involved in this area. We are finishing off the original legislation.

[John Healey]

Does the Minister accept that the measure of why the regulations are needed is not complaints against members of current schemes? The basis for the regulations is that those not in schemes are stealing money, keeping money and sometimes prosecuted for doing so when it is not their money. That is why it is so important to have mandatory schemes to fill the gap. The problem is not with schemes and members of them making complaints. The biggest case for the regulations is to fill the gap where no schemes exist and members are operating as regulated property agents without regulation.

--- Later in debate ---

[Mrs Wheeler]

Of course, the right hon. Gentleman is completely correct. We want a level playing field across this area of work. To answer his first three questions, the intention is to designate a governmental scheme only if market provision is insufficient. There is no indication at present that that is likely, but it is good and prudent practice to put that measure into legislation, should the need arise.

It would not be appropriate to publish quarterly, as the information would contain some commercially sensitive information. However, the Government will scrutinise and challenge if standards are not met. As regards the housing regulations and what might be repealed, to repeat myself, these statutory instruments finish off the 2016 legislation, so it is not a matter of deleting other areas of legislation.

[John Healey]

The Minister is right, but my question was whether the Government’s policy of two out, one in on regulations is still extant.

[Mrs Wheeler]

That is not a matter for today. This is a matter of closing the original 2016 legislation.

[John Healey]

I am sorry, but it must be a matter for the Committee. It must be relevant to the two regulations that the Minister is asking the Committee to approve. If Government policy requires that four regulations, probably in the housing field, must be repealed as a result of what we might approve, that is clearly a matter for the Committee. I am asking a simple question: does the Government still have a two out, one in policy on regulations? Yes or no is the only answer that is needed.

[Mrs Wheeler]

I repeat my answer from before: we are closing the legislation that came in in 2016, exactly as we said we would. I will give the right hon. Gentleman no other answer.

[Nic Dakin]

Will the Minister give way?

[Mrs Wheeler]

No, I will carry on. Who will enforce the regulations? Trading standards will be responsible. More importantly, the Secretary of State will nominate a lead authority in trading standards for areas that get into difficulty with existing trading standards. That is common practice, and that is what is happening in the Tenant Fees Bill that is going through the House.

[Catherine West]

The Minister is being generous with interventions. Will she clarify whether local authorities will have extra resources to carry out their trading standards duties?

[Mrs Wheeler]

As the hon. Lady knows—we have also made a great point of this in the Tenant Fees Bill—the £5,000 fine and the £30,000 fine will remain with councils, and we expect councils to be able to fund services because of such fines coming in.

[John Healey]

May I encourage the Minister to get her head together with her colleague, the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Richmond (Yorks) (Rishi Sunak)? He dealt with that point, which she is right is relevant to the Bill that has been considered in Public Bill Committee today. He made it clear to that Committee this morning that every local authority will have an enforcement role, not that a lead authority would be appointed to do that job for them in some areas. I will not press her for a definitive answer now, but may I suggest that there may be a difference in the view we are getting on the same day from two Ministers from the same Department? Perhaps they could get their heads together and get it clear for both pieces of legislation and write to members of both Committees.

[Mrs Wheeler]

I would be delighted to answer the right hon. Gentleman now. This is a different piece of legislation under different law—the 2016 Act. This is consumer focused, which is why it is about trading standards. It is not a matter of housing, where we are worried about enforcement and environmental health issues, which is why district councils are getting involved in that Bill. This is completely different.

[John Healey]

As the Minister said, the discussion this morning was about client money protection. It was not about environmental or housing standards; it was about the very issue that is also relevant to the Tenant Fees Bill.

[Mrs Wheeler]

The right hon. Gentleman obviously had a very lenient Chair, who allowed Members to stray into that area on the Bill this morning. We are now talking about this Bill and this matter. As regards the figures of £5,000 and £30,000, we believe that those figures are high enough, particularly given that it is per individual case of failure, not over the course of a year, so we agree that that is the correct level. As it happens, it does also mirror the other Bill, which I will not mention again.

[Sir Oliver Heald]

Of course, the right hon. Member for Wentworth and Dearne suggested that some very large property agents—I think he mentioned Foxtons and Countrywide—have very substantial incomes. However, I thought that they were already in client money protection schemes. Is the Minister aware of any examples of a really large property agent that is not?

[Mrs Wheeler]

No, I am not. I thank my right hon. and learned Friend for that interesting question; he makes a very good point.

I will close my remarks there. The Government are determined to strike a better deal for tenants, landlords and their agents. All tenants and landlords should be comfortable in the knowledge that their money will be safe in the hands of the agents that they use. Making client money protection mandatory will ensure that that is the case. I therefore commend the regulations to the Committee.

Question put and agreed to.

Resolved.

That the Committee has considered the draft Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018.

DRAFT CLIENT MONEY PROTECTION SCHEMES FOR PROPERTY AGENTS (REQUIREMENT TO BELONG TO A SCHEME ETC.) REGULATIONS 2018

Resolved,

That the Committee has considered the draft Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2018.—(Mrs Heather Wheeler.)

Secure Tenancies (Victims of Domestic Abuse) Bill

Heather Wheeler Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 8th May 2018 Commons Chamber

[Melanie Onn]

I have relied on the good offices of the Minister, who is in government, to undertake the duties of consultation with the devolved Administrations, which was due to take place, I believe, on 19 April, and we await the distribution of a note on the outcome of those meetings, which was requested but which I have not had sight of as yet.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

It was emailed to the hon. Lady and all Committee members this morning.

[John Healey (Wentworth and Dearne) (Lab)]

Just in time!

[Melanie Onn]

I thank the Minister.

[Mrs Wheeler]

It is dated 8 May. It was sent over the bank holiday weekend.

[Melanie Onn]

That is an opportune time for materials to be sent, as we found out during the urgent questions this morning. I am sorry I have not seen the note. I am grateful that the Minister has provided it, but it is incredibly unfortunate it was not provided sooner, because the information might well have informed the debate. [Interruption.] The Minister may well wish to provide it to me right now, but I am in the middle of my speech and it would be difficult for me to speak and read at the same time—as good as I am at multi-tasking!

Amendment 1 adds a requirement for a secure tenancy to be offered when domestic abuse victims apply for rehousing in a local authority area different from the one in which they previously had their secure tenancy. In Committee, the Minister said that the amendment was ineffective because the requirement was already provided for in the Bill, but there remains some unease about the current wording. The amendment would provide peace of mind, as prescribed by the Government back in 2016. We must not forget that the sector has been waiting for two years, having been assured by the Government that the requirement would be covered by the Housing and Planning Act 2016. The purpose of the amendment is simply to ensure that we do not end up in the same position again if it turns out that the Bill does not guarantee domestic abuse victims secure tenancies if they end up crossing local authority boundaries.

--- Later in debate ---

The Minister has said that the amendment would result in private sector landlords having to operate two different systems, but the Bill as it stands could create two different sets of rights for domestic abuse victims, depending on how their local authority decided to meet its housing needs. I am sure that everyone will agree that it cannot be right that a domestic abuse victim who ends up in Wakefield is afforded fewer rights under this Bill than one who ends up in Leeds. We must guarantee that the rights of domestic abuse victims do not vary across the country.

[Mrs Wheeler]

Before responding to the specific amendments, I would like to say a few words about a number of the issues that arose in Committee. Also, I am sorry that the hon. Member for Great Grimsby (Melanie Onn) did not get that original letter; I will pass it over to her in a second.

The issue of doctors charging fees for letters of evidence of domestic abuse was first raised in the other place and was raised again on Second Reading and in Committee in the House. In my response, I said that my hon. Friend the Under-Secretary, Lord Bourne of Aberystwyth, had written to the Department of Health and Social Care to raise peers’ concerns about this issue, and following our discussions I can now inform hon. Members that the Department has agreed to include in the remit for the negotiation on changes to the GP contract for 2019-20 stopping GPs charging victims of domestic abuse for the provision of letters or notes of evidence of abuse. This is a negotiation process, so the Department cannot guarantee that the General Practitioners Committee will agree to waive the fee for these services; however, I am sure Members will agree that this is a positive step forward.

I am also aware that concerns have been raised in this House and the other place about a lack of consistency in training for local authority staff to support victims of domestic abuse. I spoke at length in Committee about the new homelessness code of guidance and the emphasis it places on local authorities ensuring that local specialist training on domestic abuse is made available to frontline staff and managers. I also spoke about the funding the Department has provided to the National Homelessness Advice Service and the National Practitioner Support Service over recent years to ensure that such training is put in place. I do not want to repeat myself, but I am very pleased that I can update hon. Members about a new initiative that the Department is funding: the London training academy is being delivered by Southwark Council and will provide training for frontline housing options staff and apprentices; people can apply to go there from any council.

As part of the training, Solace Women’s Aid is providing domestic abuse champions training to 440 housing staff, and that is the figure across London alone. The focus of the training will be on ensuring housing teams understand the impact of domestic abuse, are clear about their roles in supporting victims and survivors, and are able to refer them to the specialist support they need. Again, I am sure hon. Members will agree that this is a very positive development, and that it demonstrates our commitment to ensure that local authority staff are properly equipped to support victims of domestic abuse and to respond appropriately and sensitively to their needs. I am sure, too, that hon. Members will agree that this is really good news and that the London training academy will provide a model, working with Solace, for frontline staff for how such difficult and sensitive cases should be handled. We would like to see that model filter through to all local authorities.

[Wera Hobhouse]

Women’s refuge places across my constituency, and those other places where women go in the first place, are still very difficult to find. Does the Minister accept that if funding is not provided throughout the whole supported housing sector, the Bill will be doomed to fail?

[Mrs Wheeler]

Sadly, I think the hon. Lady has misunderstood what the Bill is about. Funding for refuges and other supported housing will be dealt with by 2020 in a different vehicle.

New clause 1 calls for a review into the potential for co-operation between local authorities in England and local authorities in Wales, Scotland and Northern Ireland to include consideration of the scope to extend the provisions of the Bill to apply across the UK. I entirely understand that there will be situations in which someone wishes to escape from one part of the UK to another to get away from an abusive relationship, perhaps to put a safe distance between themselves and their abusive partner, or to move back to where their family and support networks are. I sympathise with the broad intention behind this proposal to increase co-operation between England and the devolved Administrations, and I appreciate that there will be strong support for it. This issue was raised in Committee and also during the passage of the Bill through the Lords. However, I do not believe that this Bill is the appropriate vehicle to achieve that co-operation.

Nor would it be appropriate or necessary to seek to examine the possibility of extending the Bill to make changes to the legislation covering social tenancies in the devolved nations. I do not need to remind hon. Members that housing is a devolved matter. That means that it is for local authorities—or the Housing Executive in the case of Northern Ireland—and social landlords in each part of the UK to decide whether to allow access to social housing and what type of tenancy to grant, in accordance with the law that operates in that country.

[Sarah Champion (Rotherham) (Lab)]

It sounds as though the Minister has set her face against amendment 1. Would she consider issuing guidance to local authorities on this issue?

[Mrs Wheeler]

That will certainly be part of the package, yes. I will read out the letter as well, because that is the killer punch.

It is likely that most victims who flee from one part of the UK to another to escape domestic abuse and who are in need of housing would apply to a local authority for assistance on the basis that they were homeless. Homelessness legislation will provide a safety net for victims fleeing domestic abuse, even when they flee across national borders, but Wales, Scotland and Northern Ireland have their own homelessness legislation. That means that there may be differences of approach in accordance with the requirements of each devolved area. For example, local authorities in Wales, as in England, may discharge their duty to rehouse using the private rented sector.

The purpose of the Bill is to remove an impediment that might prevent someone who suffers domestic abuse from leaving their abusive situation in England when the provisions under the Housing and Planning Act 2016 come into force. The Act applies only to England. A victim of abuse in another part of the UK will not face the same impediment to fleeing their situation for fear of losing their lifetime tenancy. For example, if someone in Scotland were to flee to another council district within Scotland, the second local authority would grant them a lifetime tenancy if and when they were rehoused.

[John Redwood]

When I asked the hon. Member for Great Grimsby (Melanie Onn) whether there was a way of overriding the devolved Administrations, she did not seem to understand the question properly, so I am glad that the Minister is explaining that that cannot be done. It is interesting that the Opposition’s amendment 3 expressly states that it applies only to England; whoever drafted their amendments probably did understand the point that the Minister is making.

[Mrs Wheeler]

Parliamentary drafting is not an easy task, which is why people with greyer hair than mine do the job and I do not. I thank my right hon. Friend for making the situation quite clear.

The commencement of the Housing and Planning Act 2016 does not change the situation. I do not believe that it would be appropriate to include a duty in the Bill—which applies in England only—to consider the potential for amending legislation in other parts of the UK. Parliament has already decided that this area of law should be devolved, so it does not seem right to have an amendment that appears to assume that the Secretary of State has some responsibility for it in relation to the devolved Administrations. Clearly, victims of domestic abuse seeking to move from one part of the UK to another is a common issue in which all parts of the UK have an interest. However, owing to the differences in housing legislation across England and the devolved Administrations, a UK-wide provision in a Bill that is based on an Act that applies to England only is not the correct approach—I am getting to the nub of things now.

During the passage of the Bill in the other place, my hon. Friend the Minister gave a commitment to raise with colleagues in the devolved Administrations the concerns that have been expressed. I can confirm that Lord Bourne met his counterparts in the devolved Administrations on 19 April, and I am pleased to inform Members that he has since written to me to let me know that the devolved Administrations were supportive of the Bill. They have committed to reviewing the impact of the Bill once it comes into force and to let us know about any issues or concerns for victims of domestic abuse should they arise. The letter states:

“I am pleased to be able to inform you that the devolved administrations were supportive of the Bill and could find nothing in it to concern them. This is because they took the view that the Bill had no impact on the ability of social landlords to continue to grant tenancies in their own countries, and they will review the impact of the Bill, together with officials.”

I think that that says it all.

On a more technical note, new clause 1 would not work as currently drafted, because social housing is provided not through local authorities in Northern Ireland but through the Northern Ireland Housing Executive. For that and all the other reasons I have given, I do not consider the new clause to be appropriate or necessary, and I ask that it be withdrawn.

Amendment 1 aims to ensure that the requirement to grant a lifetime tenancy—should a new tenancy be offered—would still apply where the victim of domestic abuse applies to another local authority district to be re-housed. I sympathise entirely with the motivation behind the amendment, and I well understand that victims of domestic abuse may wish or indeed need to put a considerable distance between themselves and their abuser. The Bill is intended to protect all lifetime tenants who are victims of domestic abuse, not only those who need to move from their current home to escape abuse, but those who have already fled from their home. I entirely agree that it is vital that the Bill protects victims who have applied for housing assistance in another local authority district. That is partly why we amended the Bill in the other place to extend it to apply to those who, having fled their homes, may have lost their tenancy or their security of tenure.

We recognise that that may be particularly problematic for those who seek assistance in another local authority area, and I assure the shadow Minister that the Bill has been drafted with that issue in mind. Where the Bill refers to “a local housing authority”, it means that it applies to any and to every local authority in England, just as in the same way it applies to any tenant who has a lifetime local-authority or housing-association tenancy of a dwelling house anywhere in England and who needs to move from that house to escape domestic abuse. That is standard in legislative drafting practice, so local authorities should have no difficulty in understanding what it means. Any amendment to spell that out in the Bill would therefore be unnecessary and redundant.

[Toby Perkins]

I welcome the reassurance that the Minister has just given us, but the fact is that different local authorities understand the current legislation and their responsibilities to people fleeing domestic violence in different ways, so what possible harm would it do to include amendment 1 so that there would be no cause for any misunderstanding in future?

[Mrs Wheeler]

The hon. Gentleman is trying to entice me down a road that I will not go down. This is parliamentary legislative drafting, and there should be no reason whatsoever for local authorities to misunderstand the situation, which will obviously also be made clear in guidance. However, I thank him for giving me the opportunity to say it again. We will be issuing guidance to assist local authorities to implement the fixed-term tenancy provisions in the Housing and Planning Act 2016. To manage concerns, we can certainly look to ensure that it explains the provisions in this Bill as well, including making it absolutely clear that it applies where the victim is seeking to be re-housed in a different local authority district from the one in which her existing tenancy is situated.

[Wera Hobhouse]

The Minister is being generous in giving way. Under the 2016 Act, housing associations can choose whether to offer a flexible tenancy. What advice will the Government give to housing associations that will not have the same obligation to give a lifetime tenancy if a tenancy moves to another housing association property?

[Mrs Wheeler]

That is a slightly different clause, which I will come to in a moment. With that in mind, and taking into account the fact that amendment 1 is unnecessary for the reasons I have given, I therefore ask for it not to be pressed.

On amendment 2, I appreciate the concern of hon. Members to prevent further stress and anxiety. Survivors of domestic abuse have already suffered experiences that most of us here can only imagine. However, I do not think the amendment is necessary. The number of households likely to be granted a tenancy under this Bill that would lead them to under-occupy a property, and as a result become subject to removal of the spare room subsidy, is likely to be very small indeed.

Allocating a property that is too big for a tenant’s needs would not be in the interests of the tenant or the landlord. The tenant, if eligible for housing benefit, would see their eligible rent reduced, which would not be in the tenant’s or the landlord’s interest. It would also not be the best use of scarce social housing.

[Ruth George]

Does the Minister recognise that children who have been through situations of domestic abuse are often severely traumatised and need new secure housing to be able to find their own way again? That might lead them to have problems sleeping at night, and it may therefore be more helpful for the family’s recovery if the younger children have separate bedrooms, not as prescribed in the under-occupancy legislation.

[Mrs Wheeler]

The hon. Lady brings up an interesting fact that was not discussed in Committee. I will address the discretionary powers that local authorities have, which might help her with an answer.

Allocating a property that is too big is not necessarily in the tenant’s interest or the landlord’s interest, and it certainly is not the best use of scarce social housing. Our 2012 allocations guidance clearly recognises that local authorities, when framing the rules that determine the size of property to allocate to different households and in different circumstances, will want to take account of removal of the spare room subsidy.

Where the victim wishes to remain in her own property after the perpetrator has left or been removed, we expect that in most cases it would not result in an under-occupation charge—domestic abuse normally occurs between partners who share a bedroom, so removing the perpetrator would not normally result in under-occupation. Furthermore, if there is any risk it could lead to a victim becoming subject to the under-occupation charge, it will be open to the authority to offer a new tenancy in another, smaller property, or to offer a similar one and take into account the next matter.

In the small number of cases in which, for whatever reason, a local authority grants a tenancy under the Bill in a property that has more bedrooms than the tenant needs, it is open to the tenant to apply for a discretionary housing payment to cover any rental shortfall. Some £900 million of funding for discretionary housing payments has been provided to local authorities since 2011 to support vulnerable claimants, including victims of domestic abuse.

[Ruth George]

Is the Minister aware that many local authorities put a limit on the amount of time for which discretionary housing payments can be made? Sometimes it is 18 weeks, and sometimes it is as low as 12 weeks, depending on the authority’s budget. Discretionary housing payments would therefore not help families in this situation.

[Mrs Wheeler]

Indeed. Funding for the years 2018 to 2021 was set out in the summer Budget 2015. Next year, 2018-19, there will be £153 million in the discretionary fund for England and Wales, albeit this is an England- only Bill.

The removal of the spare room subsidy was introduced to ensure that tenants in the social and private-rented sectors are treated on the same basis, to encourage mobility, to strengthen work incentives and to make better use of available social housing. The Government’s policy is not to deal with personal circumstances unrelated to the size of a property by the inclusion of general exemptions to the rules, but rather to take account of a person’s individual circumstances separately, through the process of the discretionary housing payment.

In 2016, the Supreme Court upheld this policy and dismissed a challenge to the removal of the spare room subsidy brought by a victim of domestic abuse on the grounds that it amounted to unlawful sex discrimination. That case involved a victim who was being provided with protection under a sanctuary scheme. The rules on the removal of the spare room subsidy already include an exception for victims of domestic abuse in refuges. We are not minded to provide for any further exceptions.

When local authorities grant tenancies to victims of domestic abuse, they have a choice: they can either ensure that they offer a property that meets the tenant’s needs or they can consider providing a discretionary housing payment. For the reasons I have given, I believe that the amendment is unnecessary and therefore ask that it is not pressed to a vote.

[Jim Shannon (Strangford) (DUP)]

Can the Minister confirm that in areas where rental accommodation is extremely expensive, there is help for those who need discretionary payments in order to make the weekly rental payments? Is this something she is able to do?

[Mrs Wheeler]

I do not know whether the hon. Gentleman is specifically referring to Northern Ireland or anywhere else—

[Jim Shannon]

In Northern Ireland, we have a discretionary payment that sometimes enables provision to be made where rents are higher. Is the system similar on the UK mainland?

[Mrs Wheeler]

Again, I stress that this Bill is England-only, but there are such opportunities. There is a local housing rate and then there are discretionary housing payments that can be made above that.

I come to amendment 3, the final amendment. I fully understand the motivation behind this amendment, which would extend the Bill to housing association landlords—this was the point made by the hon. Member for Bath (Wera Hobhouse), I believe. However, as I said in Committee, we have some fundamental concerns about this amendment. First and foremost, local authorities and housing associations are very different entities. Housing associations are private, not-for-profit organisations which make a significant contribution to affordable housing supply. I am sure Members will agree that we all want to see more affordable homes built. It is therefore vital that housing associations remain in the private sector, so that they can borrow funding free of public sector spending guidelines, to build the affordable housing we so greatly need. For that reason, we must avoid imposing any unnecessary control that might risk reversing—

[Toby Perkins]

I am listening carefully to what the Minister is saying. It very much stands at odds with the Conservative party policy announced in the run-up to the general election, when it was going to impose right to buy on housing associations. How is it that the Conservative party is so happy to remove thousands of houses from the social rental sector when it comes to right to buy, but when it comes to legislation to protect domestic violence victims, suddenly the Conservatives feel that the private sector should not be touched?

[Mrs Wheeler]

Clearly, what the hon. Gentleman is discussing is outside the scope of this Bill, but we are talking about a voluntary pilot that is starting in the west midlands and we will see where that takes us.

[Bim Afolami (Hitchin and Harpenden) (Con)]

On election manifestos, does the Minister not agree that this Bill is fulfilling a Conservative manifesto promise and that that should be welcomed by Members on both sides of the House?

[Mrs Wheeler]

I thank my hon. Friend for that very helpful intervention, with which I can only agree.

As I was saying, for this reason we must avoid imposing any unnecessary control that might risk reversing the Office for National Statistics classification of housing associations as private sector organisations. Housing associations grant assured tenancies under the Housing Act 1988, including assured lifetime tenancies, and will continue to have the flexibility to grant lifetime tenancies as they see fit.

This amendment would bring housing associations back into the public sector regime, which they have not properly been part of since 1989, by requiring housing associations to grant secure tenancies under the Housing Act 1985. That goes beyond the very limited circumstances in which they are still obliged to give a secure tenancy—this is limited to those tenants who already have one predating 1989 and want to move, so this is known and in the books of the commercial housing association. Assured and secure tenancies have different rights. For example, secure tenants have a statutory right to improve their property, and be compensated for those improvements, in certain circumstances. To require housing associations to grant secure tenancies for this group of tenants would mean housing association landlords having to operate two different systems, which would be an unnecessary burden over and above the very limited circumstances in which they still manage pre-1989 tenancies, and would introduce unnecessary additional costs and liabilities. As I have already said, that could risk the re-classification of housing associations.

The amendment is also completely unnecessary: housing associations will continue to have the freedom, which they have now, to offer lifetime tenancies wherever they consider it appropriate. When schedule 7 to the Housing and Planning Act 2016 comes into force, local authorities will generally be required to offer fixed-term tenancies, and will be able to grant lifetime tenancies only in the limited circumstances specified in legislation or regulations. That is why the Bill is so important. The purpose of housing associations is to provide and manage homes for people in housing need. The vast majority are charities, and their charitable objectives require them to put tenants at the heart of everything they do. We expect housing associations to take very seriously their responsibilities for people fleeing domestic violence and abuse.

In previous debates on the Bill, I have mentioned the Domestic Abuse Housing Alliance, which was set up by two leading housing associations, Peabody and Gentoo, along with Standing Together Against Domestic Violence, a UK charity that brings communities together to end domestic abuse. The alliance’s stated mission is to improve the housing sector’s response to domestic abuse through the introduction and adoption of an established set of standards and an accreditation process.

I understand that the National Housing Federation, the body that represents housing associations, is actively taking forward work with its membership to tackle domestic abuse, and has recently set up a national domestic abuse group for its membership. The group was set up specifically to raise awareness among housing associations of the steps that they can take to minimise the impact of domestic abuse, as well as of how to spot the signs early and how best to support victims. My officials have been in touch with the NHF, and I am really pleased to say that it has expressed an interest in considering the tenancy issue as part of that work. That is a really positive development, and it adds to the information that I was able to give in Committee. With that in mind, and for the reasons that I have given, I invite Members to withdraw the new clause and amendments. I look forward to more debate.

--- Later in debate ---

[Mrs Miller]

It is a great pleasure to follow the hon. Member for Birmingham, Yardley (Jess Phillips), my fellow member of the Women and Equalities Committee. Of course she speaks with great power on these issues, given her experience. We also heard a great deal from the Minister to give us reassurance about how much work the Government have done to ensure that this Bill is the best that it can be and that it further supports victims of domestic violence—something that this Government have made a huge priority. I congratulate the Minister on all that she is doing to ensure that the situation improves ever further.

I will make some short comments about the amendments, because I think that the Bill generally has cross-party support. A lot of what the hon. Member for Birmingham, Yardley said was, frankly, about training among local authority employees, and whether we should be drafting legislation because of the imperfections in local authorities. It is always a balancing act, but we need to ensure that the legislation is as strong as it can be.

I am concerned that new clause 1 could have a clear unintended consequence of undermining the existing devolved powers by taking new powers in the way set out in the new clause. Parliament is clear, as was the Minister in the other place, that there was not and is not a need for primary legislation in this area regarding cross-border movements. In fact, we could unintentionally erode devolution by acting on new clause 1 in the way in which the hon. Member for Great Grimsby (Melanie Onn) has outlined. Ministers clarified that individuals will have the support that they need and that we do not need to legislate in this way. It is good to hear that these devolved matters are being discussed across the nations, and that there is nothing that concerns the devolved nations in this respect.

I turn to amendment 1. The Minister set out that there is already protection in the Bill for all lifetime tenants, including those who have fled their homes and lost security of tenure. The Bill is specifically drafted to protect individuals facing that situation. In my experience as a Minister, I remember feeling on a number of occasions, “Perhaps we need a belt-and-braces approach here. We really need to spell it out in the Bill.” And what always came through to me in those circumstance was the fact that, in trying to do the very best we can to be as clear as possible, we can actually create confusion by not following the usual protocols. I urge the hon. Member for Great Grimsby to consider that for a moment. As the Minister said, local authorities should have no problem understanding their duties. Indeed, adding to the Bill in the way that the hon. Member for Great Grimsby is suggesting could, because of the redundancy of her new clause, create the opposite of the clarity that she wants.

I have a brief point on amendment 2. As the Minister said, allocating a house that is too big would not be in the best interests of the victim, but specific circumstances might require flexibility. I remember looking particularly at the role of discretionary housing payments when I was a Minister. Such cases fall squarely into the list of examples of why we have these payments. One of the reasons for having such an immense amount of money in this fund—£150 million or so a year—is to be able to give local authorities the flexibility that they need to be able to deal with local circumstances as they see fit. I think that it is better to trust local authorities to get that right than to create specific exceptions that might run the risk of not being used in the way in which the primary legislation requires.

I understand the reason behind this set of amendments. I particularly understand why the hon. Member for Birmingham, Yardley has spoken with a great deal of passion. One question that I would really like the Minister to answer is: how do we work even harder to ensure that local authorities provide the same support for victims of domestic violence, whether they are in Basingstoke, Birmingham, Yardley or anywhere else?

[Mrs Wheeler]

I hope that my right hon. Friend will be pleased to hear that this summer, for the first time ever, the Government are undertaking an audit of all domestic abuse support services right the way across England. We have done a deep dive in Essex, just as a trial. In the county of Essex alone there are over 1,000 different ways of finding help for domestic violence. That is incredible. We need to find out where the domestic violence support services are across the whole country. This is the first time that the Government have ever done this.

[Mrs Miller]

I thank the Minister for those comments. These interventions are driven by that inconsistency in provision of services and by Members of Parliament wanting to get the best for the people they represent. The Minister is entirely right. By knowing how we can better provide a more equal service across the country, I hope that we will provide reassurance to those who support these amendments.

[Mrs Miller]

My right hon. Friend is absolutely right. That discretion at local level is so important. I have had one or two cases where the local authorities have not necessarily been on the front foot in the use of local discretionary housing payments. Perhaps the Minister could urge local authorities to understand their duties, particularly to families that have broken up and that are at risk of domestic violence, and to really understand the importance of delivering services using these payments.

[Mrs Wheeler]

I thank my right hon. Friend for mentioning that, because it gives me the opportunity to say that there is no limit to the length of time over which discretionary housing payment can be made; it could be one-off time-limited or it could be indefinite.

[Mrs Miller]

Again in her inimitable style, the Minister has answered another of the points that was raised earlier. I recognise that there are potentially time limits attached, and she is right to put on the record that that is entirely outwith any rules or regulations coming from this place.

This Bill helps to improve the lives of victims of domestic violence. That is a priority for this Government and a priority for this Prime Minister. I really applaud the Government’s work in trying to make the lives of victims of domestic abuse better. The hon. Member for Birmingham, Yardley is absolutely right that we should use every sinew in our body to make their lives better, and the Minister is doing a good job in that respect.

--- Later in debate ---

[Mrs Wheeler]

I beg to move, That the Bill be now read the Third time.

I will be very brief, because I believe the Bill has cross-party support. This short and targeted Bill is an important part of the Government’s wider aims of supporting victims of domestic abuse to leave their abusive situation, and ensuring that they and their families are provided with the stability and security they need and deserve. I am sure all Members agree that domestic abuse is a particularly horrible crime. Its effects are insidious and its impacts are wide-reaching. It has serious and lasting impacts on victims, their families and society as a whole.

The Bill will protect lifetime tenants who have to flee their home, whether they apply for rehousing by their own local authority or to any other local authority in England. It will also protect those who have lost their lifetime tenancy if they have fled their home, and it will protect those who want to return to their home after the perpetrator has left or been removed. It will ensure that in every case, where they are granted a new tenancy by the local authority, they will know that they are able to retain their lifetime tenancy in their new social home.

Lord Bourne was personally very committed to taking the Bill through the other place and I am proud to have been able to do so in this place. He was very grateful for the cross-party support he received from his noble colleagues and I would like to echo my thanks to hon. Members for their support. I know that we have had our differences regarding the detail, but I am sure we are all in agreement on the main aims of the Bill. We can all take credit for ensuring that this small but vital piece of proposed legislation is put on the statute book, but I would like, if I may, to pay particular tribute to Baroness Lister of Burtersett. She has been the mainspring behind the Bill and it is through her persistence during its passage in the other place that it is in such good shape.

I am heartened to know that the Bill has been widely welcomed by the organisations that support victims of domestic abuse, in particular Women’s Aid. I would like to take this opportunity to pay tribute to all those who work so hard to support victims of domestic abuse everywhere, not just Women’s Aid but Refuge, IMKAAN and many more.

Before I finish I would also like to thank the members of the Bill team for their hard work and support in taking the Bill through: Frances Walker, Jane Worthington, Jane Everton, Lizzie Clifford, the parliamentary draftsman Anthony Brown, and finally, from my own team, Emma Andrews.

Oral Answers to Questions

Heather Wheeler Excerpts

Monday 30th April 2018 Commons Chamber

[Luke Hall (Thornbury and Yate) (Con)]

9. What steps his Department is taking to reduce homelessness.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

Tackling homelessness is a key priority for this Government, which is why we are spending over £1.2 billion through to 2020, we have implemented the most ambitious legislative reform in decades—the Homelessness Reduction Act 2017 —and we will be publishing our rough sleeping strategy by July this year.

[Luke Hall]

I welcome the Minister’s response and the update on the Government’s work. Will she update the House on the progress of the “Housing First” pilots?

[Mrs Wheeler]

The pilots will support some of the most entrenched rough sleepers in our society to end their homelessness. We are nearing the end of a detailed implementation and planning process with the three regions, and I look forward to updating the House further in due course.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

The Homelessness Reduction Act came into force this month, but many councils have raised concerns that the new burdens funding that the Government have allocated is simply not sufficient for the full implementation of the Act. The Secretary of State is new in his post, but the causes of homelessness under this Government are not going away, so may I urge him to take an early look at the Government’s decision to review the funding only at the end of the current two-year period?

[Mrs Wheeler]

I thank the hon. Lady for that rant. Unfortunately, I have a feeling that she might be—what is the word we are looking for? [Interruption.] Some of the most important parts of the Act will be implemented in October, so councils have six months to get their places in order.

[Mr Speaker]

We probably will not reach the end of the Order Paper and it would be sad to be deprived of the intellect and eloquence of the right hon. Member for Harlow (Robert Halfon), so if he wishes to come in now, he can.

[Robert Halfon (Harlow) (Con)]

20. My hon. Friend the Minister will be aware of the excellent homeless shelter in Harlow called Streets2Homes. What measures is she taking to support local homeless shelters?

[Mrs Wheeler]

Homeless shelters will form part of the rough sleeping strategy we are bringing out at the end of June or the beginning of July. We expect there to be a sea change in how all the different parts of the social sector, the charitable sector and local government deal with rough sleeping and homelessness. I think my right hon. Friend will enjoy reading the rough sleeping strategy.

[Alison Thewliss (Glasgow Central) (SNP)]

On behalf of the Scottish National party, I pay tribute to Michael Martin. He was the MP for Dennistoun, where I lived, and I pass on my own and my party’s condolences to his friends and family and to the Glasgow Labour family, who will miss him very much.

I welcome the Secretary of State back to the Government. He is the third Secretary of State I have faced, which I am sure everyone will agree is a clear sign of a strong and stable Government.

Homelessness is soaring in England, but in Scotland there has been a 38% reduction over the past 10 years. The Minister recently visited Glasgow to discuss some of the projects happening in the city I represent. Will she tell the House a little more about what she learned on her visit?

[Mrs Wheeler]

That is a very useful question—a fiver is in the post. One of the reasons I went up to Glasgow is that, although homelessness and rough sleeping had been reducing for four years, there has been a blip and Glasgow and other areas were not sure why there has been an increase in rough sleeping, particularly in Glasgow. I was hugely impressed by the work being done on rough sleeping by the charitable sector and Glasgow City Council, particularly in implementing their own version of Housing First. Glasgow City Council and the charities are doing very innovative work.

[Alison Thewliss]

I thank the Minister for her kind words. I am sure the sector in Glasgow will be pleased to hear what she has learned.

Another group who struggle to get housing and therefore end up in homelessness are those with insecure immigration status, who often have no recourse to public funds. Can the Minister tell us more about what her Government intend to do to ensure that vulnerable men and women do not end up sleeping in the streets because of the policies of the Home Office?

[Mrs Wheeler]

The situation differs slightly in different parts of the UK. There is Government funding for projects in England that look after people who have indeterminate national status. I honestly do not know whether the situation in Scotland is a UK matter or a Scottish matter. I will have to write to the hon. Lady on that issue.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

10. What assessment he has made of trends in the level of central Government funding for affordable housing since 2010.

--- Later in debate ---

[Kevin Foster (Torbay) (Con)]

12. If he will make an assessment of the effectiveness of steps to reduce street homelessness in Torbay.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

As part of achieving our commitment to halve rough sleeping by 2022 and eliminate it by 2027, we are working with local authorities to deliver effective interventions. We recently launched an expert multi- disciplinary team to support local areas in reducing rough sleeping quickly. Our homelessness advice and support team has also been supporting local areas on the implementation of the Homelessness Reduction Act 2017.

[Kevin Foster]

I thank my hon. Friend for her answer. She will be aware of the work being done by the Torbay End Street Homelessness campaign, based on a £400,000 grant from her Department for a project to examine ways to end street homelessness. What assessment has she made of the work done so far? What further support will be available to reduce street homelessness in Torbay?

[Mrs Wheeler]

I thank my hon. Friend for his follow-up question. We have been working with Torbay on this project, which has supported 70 rough sleepers into accommodation since its launch in December 2016. The impact of the grant programme will be evaluated. As I mentioned, we will be working closely with areas through our new team and the forthcoming cross-Government rough sleeping strategy. The team will be visiting local areas in the coming weeks to discuss this further.

[Chris Ruane (Vale of Clwyd) (Lab)]

rose—

[Chris Ruane]

When the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) was London Mayor, he described Tory housing policy in poor areas as “social cleansing”. Many of the victims of that social cleansing have ended up on the streets of Torbay, Rhyl, Prestatyn, Blackpool and other seaside towns. What specific additional funds has the Department made available to those seaside towns to deal with that appalling legacy?

[Mrs Wheeler]

I think the hon. Gentleman will find it is a devolved matter for the Welsh Government.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

13. What steps he is taking to fund adult social care.

--- Later in debate ---

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

T4. The chief inspector of borders and immigration concluded in a report in March that the Government’s right to rent scheme had failed “to demonstrate its worth” in encouraging immigration compliance. Other research has shown that 51% of landlords are now less likely to consider letting to foreign nationals, so when will the Minister scrap this discriminatory policy?

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I will write to the hon. Gentleman.

[Chris Skidmore (Kingswood) (Con)]

T5. More than 2,000 local residents signed my petition to protect Hanham cricket club from the threat of development, yet South Gloucestershire Council did not grant the site local green space designation in their policies, sites and places document due to a single objection from the landowner. Will the Minister confirm that, on its own, a landowner objection should not prevent treasured green spaces from being granted local green space designation?

--- Later in debate ---

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

T8. We are facing a housing crisis in both quantity and quality. The Housing, Communities and Local Government Committee outlined that one way to solve it would be selective licensing. Brighton and Hove put in an application in January, but five months later we are still waiting for the Secretary of State’s approval for the scheme. Will he make it one of his first acts in office to sign off the scheme, so that we can get on with improving our housing stock?

[Mrs Wheeler]

I thank the hon. Gentleman for his question on this very important matter. We are actually reviewing all licensing schemes across the whole country, and we will look into this one and get a decision to him as quickly as possible.

[Mr William Wragg (Hazel Grove) (Con)]

What plans has my hon. Friend to tackle unfair leaseholds retrospectively, so that my constituents on new build estates in Offerton and Strines get a better deal?

[Mrs Wheeler]

My family will be delighted by how much exercise I am getting, jumping up and down.

We are committed to tackling unfair leasehold practices, which is why we are working with the Law Commission to make buying a freehold or extending a lease easier, faster, fairer and cheaper. We want to ensure that leaseholders have the right support to deal with onerous ground rent, and we will consider further action if developers’ schemes to compensate individuals do not go far enough.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

T9. Given that local services face a funding gap of at least £5.8 billion by 2019-20, when will the Minister provide an update on the roll-out of the 100% business rates retention pilots and end the uncertainty faced by Manchester City Council and Trafford Council, which cover my constituency?

--- Later in debate ---

[Maria Eagle (Garston and Halewood) (Lab)]

May I welcome the new Secretary of State to his post and wish him well? Does he agree that no new house should be sold leasehold? There is no excuse for it. What steps will he take to help the many hundreds of thousands of people, including my constituents, who are now being financially exploited by their freeholds being sold on to dodgy characters?

[Mrs Wheeler]

I thank the hon. Lady for her very important question. The scandal over feudal leaseholds on new build is absolutely disgraceful. We are working very hard with the Law Commission to change the rules as to how this should go forward. I am delighted to say that some developers have got the point. In South Derbyshire, we now have big signs up on new build saying, “Freehold houses for sale here”.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Harrogate Borough Council recently dedicated an additional £150,000 to tackle the root causes of local long-term homelessness. The Harrogate Homeless Project runs the initiative, which is called SAFE—Service for Adults Facing Exclusion. It has been widely praised and we are already seeing results. May I invite my right hon. Friend the Secretary of State to come and visit the project to see for himself the amazing results it is achieving?

Street Homelessness

Heather Wheeler Excerpts

Tuesday 24th April 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

It is a pleasure to speak under your chairmanship, Mr Gray. I congratulate my hon. Friend the Member for Gravesham (Adam Holloway) on securing a debate on this extremely important issue. Tackling homelessness in all its forms is a priority not only me for me, but for this Government. I understand his interest in this subject. As he mentioned, he has seen what it is like to sleep rough.

I am also thankful for the other experiences and expertise shared here today, whether it comes from a constituency or wider perspective. I am grateful to hon. Members for their speeches and questions and will, I hope, answer them as I work through my speech.

It should never be the case that someone finds themselves without a roof over their head. That is why, as hon. Members will be aware, the Government have committed to halving rough sleeping by the end of this Parliament and to eliminating it altogether by 2027.

[Faisal Rashid]

Will the hon. Lady give way?

[Mrs Wheeler]

No, I will not. There is not enough time, because I have to give time to my hon. Friend the Member for Gravesham at the end.

I thank my hon. Friend the Member for Gravesham for his kind comments about the ambitions of this Government. Hon. Members will be aware that at the beginning of this month we implemented the most ambitious legislative reform in decades, the Homelessness Reduction Act, which transforms the culture of homelessness service delivery. For the first time, local authorities, public services and the third sector will work together to actively prevent homelessness for any people at risk, irrespective of whether they are a family or a single person, of what has put them at risk or of whether they have a local connection to the area. To deliver the new duties under the Act, we know how important it is to provide local authorities with the requisite support to build the homelessness workforce. To help this, we have funded the London Training Academy, which will provide current frontline staff and apprentices. I am exceptionally proud of the work that has gone into delivering these changes and the work the Department has done. As ever, I am grateful to my hon. Friend the Member for Harrow East (Bob Blackman) for all his endeavours in bringing this Act to pass.

On rough sleeping, hon. Members will be aware that we are publishing our strategy in July, setting out the measures that we will take in order to achieve our manifesto commitments. Overseeing the development and delivery of the strategy will be the ministerial taskforce, chaired by the First Secretary of State, my right hon. Friend the Member for Aylesbury (Mr Lidington), and comprises Ministers from key Departments with responsibilities in relation to homelessness and rough sleeping. It is supported by the rough sleeping advisory panel, which I chair, with Mayors Andy Burnham and Andy Street sitting on it. The panel brings together key figures from local government, central Government and homelessness charities. We have met three times so far. Sub-groups of the panel have also been established to look at a range of themes, such as prevention, intervention, recovery, data and long-term social change for the strategy. Good progress has been made on the development of the strategy and I look forward to sharing our plans with hon. Members this summer.

We are, however, determined to take action to tackle rough sleeping right now. I am sure hon. Members will have seen the recent announcement on what we have called the “rough sleeping initiative”, which lays the foundations for the strategy. The measures contained in the initiative are based on tried and tested measures, which have previously had significant and immediate impact on bringing down rough sleeping. The measures include setting up a rough sleeping team, made up of rough sleeping and homelessness experts, drawn from and funded by Government Departments and agencies, with specialist knowledge across a wide range of areas, including housing, mental health and addiction. There is a £30 million fund for 2018-19, with further funding agreed for 2019-20. This funding will be targeted at local authorities with high numbers of people sleeping rough. The rough sleeping team will work with local areas with higher pressure to support them and deliver bespoke local interventions to immediately reduce the number of people sleeping rough on the streets. A further £100,000 will be made available to support the frontline rough sleeping workers across the country, to ensure they have the right skills and knowledge to work with vulnerable rough sleepers.

In addition, the Department is working with the National Housing Federation to look at providing additional co-ordinated move-on accommodation for rough sleepers across the nation, to ensure that they can stand on their own two feet once they have received help. As well as the support provided by other Government Departments in developing the strategy, this new package of measures will be supported by a range of Departments across Whitehall. For example—this will answer many colleagues’ questions—the Department of Health and Social Care will make available experts in mental health and drug treatment services to help support the new outreach teams, including those in hostels, and the Ministry of Justice will focus on prison and probation work with local authorities and outreach teams, in particular to identify short sentence prisoners and offenders serving community sentences who are at risk of sleeping rough. These measures build on existing action we have already taken to tackle rough sleeping. For example, as announced in the 2017 Budget, we are piloting the Housing First approach to support some of the most entrenched rough sleepers in our society. I have personally seen the good that Housing First can do, especially for those struggling with addiction, as my hon. Friend the Member for Gravesham mentioned. I saw that when I visited the Housing First projects in Glasgow last month. The Government are keen to see the results of how it will work in England and robust evaluations will inform wider roll-out, which my hon. Friend the Member for Mansfield (Ben Bradley) asked about.

Charities and volunteers carry out vital work across the country. Their work is key to ensuring that rough sleepers get the help that they need and they help us in meeting our manifesto commitment, particularly charities such as St Mungo’s and Homeless Link.

I understand the point made by my hon. Friend the Member for Gravesham that people sleeping rough might be migrants. To be clear, we have always worked closely with councils and homelessness outreach services to ensure that the genuinely vulnerable receive the care they need. The Government also provide funding for local authorities for specific projects to tackle rough sleeping by non-UK nationals. This fund helps projects to secure regular employment and accommodation for non-UK nationals, or facilitate voluntary return to their country of origin.

The Government have allocated more than £1.2 billion to tackle homelessness and rough sleeping over the spending review period. This includes––this is by no means exhaustive––£617 million in flexible housing support grants, £316 million of local authority prevention funding and £100 million to deliver low-cost move-on accommodation places to enable people leaving hostels and refugees to make a sustainable recovery from the homelessness crisis. There is a further £215 million for a central Government programme, which funds a range of innovative projects across the country and a £20 million fund for schemes that will enable better access in the private rented sector for those who are, or are at risk of, becoming homeless, which the hon. Member for York Central (Rachael Maskell) asked about.

[Mr Ivan Lewis]

I thank the Minister for her contribution to the debate. I ask her to look at a report published today by the organisation Justlife, which shows that there are ten times more people in temporary accommodation than Government figures suggest and that there is a direct correlation between unsupported temporary accommodation, welfare reform and rough sleeping. These people are living in appalling conditions in bed-and-breakfast hotels and guest houses. Will she study that report and will she be prepared to visit one or two of the Justlife projects in Greater Manchester with me, to see for herself the realities on the frontline?

[Mrs Wheeler]

I heard about that report yesterday. It is devastating to see the quality of the property that certain people are being asked to stay in. That is not acceptable in this country. I had a meeting arranged in Manchester. Unfortunately, it was cancelled by the people in Manchester, but I am sure there will be another time when I will come up.

In conclusion, I thank all hon. Members for their contributions to this important debate, which has been truly worthwhile. I reiterate that this Government are truly committed to achieving our manifesto targets and we will have further updates in the near future on what we will do to ensure that we meet them. Rough sleeping and homelessness is a scourge on our society. We will do everything in our power to sort it out.

Draft Licensing Of Houses In Multiple Occupation (Mandatory Conditions Of Licences) (England) Regulations 2018

Heather Wheeler Excerpts

Monday 23rd April 2018 General Committees

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I beg to move,

That the Committee has considered the draft Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018.

It is a pleasure to serve under your chairmanship for the first time, Mrs Moon. I will be brief, because these regulations are excellent, and many people are in favour of them.

The private rented sector is an important part of our housing market that houses 4.5 million households in England. Houses in multiple occupation—HMOs—form a vital part of the sector and often provide cheaper accommodation for people whose housing options are limited. However, HMOs sometimes pose greater management challenges than single household occupation accommodation, and some occupiers of HMOs are the most vulnerable people in our society, which is why mandatory licensing of HMOs was introduced in 2004 for properties with three or more storeys that are occupied by five or more people.

Since its introduction more than a decade ago, mandatory licensing has successfully raised standards and enabled local authorities to tackle overcrowded conditions and poor management practices. However, the private rented sector has doubled in size in the past 10 years, which has led to increasingly small single household properties being used as HMOs.

As smaller HMOs were not subject to mandatory licensing, some rogue landlords have been able to avoid local authority detection and enforcement by letting HMOs with fewer than three storeys. Failures by those landlords have led to negative and harmful impacts on some local communities because of an accumulation of rubbish and waste and because of noisy and antisocial behaviour outside HMOs.

To address those problems, we have extended mandatory licensing to properties of fewer than three storeys. We laid the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 before the House on 23 February, and it will come into force in October.

To address other common problems with such properties, the Government are creating two new mandatory HMO licence conditions: national minimum sizes for rooms used as sleeping accommodation and a requirement to comply with council refuse schemes. Those new mandatory conditions are the subject of the Committee’s debate, and I will outline each one in turn.

First, I will set out the proposed requirements for minimum room sizes for sleeping accommodation. By amending schedule 4 of the Housing Act 2004, the regulations require local authorities to include new conditions with licences,

“to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres”.

The minimum room size is just that—a minimum. It is a standard below which a room cannot be used as sleeping accommodation. It is not intended to be the optimal room size or the lowest common denominator.

Let me be clear that local authorities will still be able to set minimum sleeping room sizes that reflect the layout, space and amenities in the HMO in question, which can be greater than 6.51 square metres when used by one person over 10 years old. That is important because local housing authorities will need the discretion to set a room size that reflects the condition of housing stock in their areas.

The introduction of a clear minimum room size in HMOs is important because it will ensure that a consistent minimum size is applied nationally across the different types of HMO in the sector, and it will clarify the standard with which we already expect landlords to comply. The regulations clarify minimum sizes for rooms used as sleeping accommodation by children under 10 years old and by two persons over 10 years old.

Non-compliance with the minimum room size is a serious matter. If a landlord knowingly breaches the condition, they will be liable on conviction of a criminal offence, which could result in an unlimited fine or a civil penalty of up to £30,000.

We have introduced transition arrangements to give landlords time to comply with the new requirement and to rectify overcrowding. Local authorities must allow up to 18 months before they consider prosecuting the landlord for breach of licence conditions. HMOs that are already licensed will have to comply with the condition only when their current licence expires and at the first renewal after 1 October this year.

The second new mandatory condition created by the regulations relates to household waste disposal facilities. A new mandatory condition will need to be included in HMO licensing to require landlords to comply with their local authority’s refuse storage and disposal schemes. The purpose of the condition needs some explanation. People living in separate households in HMOs tend to generate more rubbish than is seen in a single household property. While tenants should be responsible for properly disposing of their rubbish, they need adequate and accessible receptacles to do so. This mandatory condition of licensing will mean that local authorities will have to proactively require landlords to provide waste disposal facilities where there is a scheme. It will also provide local authorities with the necessary enforcement powers if landlords are not complying with waste disposal schemes.

We anticipate that the vast majority of landlords will already be in compliance with the conditions—we are simply clarifying existing space standards under section 326 of the Housing Act 1985. In 2015 and 2016, we consulted extensively on the introduction of minimum room sizes for sleeping accommodation, along with the requirement to comply with council refuse schemes. The legislation should therefore come as no surprise to local housing authorities and landlords alike. For those landlords not in compliance, there is the 18-month transition period I mentioned.

[Stephen Pound (Ealing North) (Lab)]

I am grateful for your tolerance, Mrs Moon, in allowing me to ask a question when I am not a member of this Committee. The Minister replied to my debate in Westminster Hall on 21 March, and I am grateful for her comments then and her comments today. The regulations mainly tidy things up, but they have not addressed the main issue with HMOs, which is their cumulative impact—the total change of a community in a residential district. Has she thought about extending the excellent work she has started today by finally coming to terms with the awful consequences of the cumulative impact of multiple HMO applications?

[Mrs Wheeler]

As the hon. Gentleman said, he is not a member of this Committee, but he has great interest in this matter. We are very keen to see licensing arrangements organised by local authorities kicking on and taking shape and power. They have the power to alter the licensing for their areas. There are four criteria that they have to comply with. As long as one or two of those strong criteria are well evidenced, our Department is keen to sign off on those arrangements, but the power lies with the local authority.

--- Later in debate ---

[Mrs Wheeler]

I thank all hon. Members for their contributions. I will try to answer some of the questions if I can.

I should reiterate that the new minimum sleeping size is just that—a minimum. It will create a consistent standard that must be met across all HMOs. To be clear, in the example the hon. Member for Great Grimsby gave of two adults and a baby in the room, the minimum size for two adults is 10.22 square metres, which is reasonably large. Local housing authorities will still have discretion to set larger room sizes to reflect their conditions—I am sure local authorities will set standards to local conditions.

The mandatory conditions are necessary to enable local housing authorities to tackle overcrowded conditions and poor management practices in HMOs. On financing, local housing authorities have been aware of the changes for some time. We have consulted extensively. Some local authorities have been preparing in readiness to extend the scope of HMO licensing. HMO licensing is self-funding, and local housing authorities are able to recoup the cost of administering the scheme through licensing fees. I hope the hon. Member for Ealing North is pleased about that.

Poor housing conditions put the health, safety and welfare of tenants at risk and the Government are determined to tackle that. We want landlords in the sector to improve the standard of housing that they rent out, or to leave the sector entirely. We are being strong about that. I therefore recommend these regulations to the Committee.

Question put and agreed to.

Fire Safety Remedial Work: Leaseholder Liability

Heather Wheeler Excerpts

Thursday 19th April 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I thank the hon. Member for Battersea (Marsha De Cordova) for speaking so passionately about the situation in which some of her constituents find themselves. I thank all Members for their contributions. I recognise that the recent fire in Sporle Court will mean that fire safety is at the forefront of people’s minds in Battersea, although we understand that on that occasion there were no injuries.

Let me begin by making it clear in the widest sense that the Government are committed to promoting fairness and transparency for leaseholders in England. To that end, on 21 December 2017, we announced a package of measures to tackle abuses and unfair practices in the leasehold market. That includes introducing legislation to prohibit the development of new build leasehold houses other than in exceptional circumstances, and restricting ground rents in newly established leases of flats to zero financial value. We are working with the Law Commission to support existing leaseholders, including by making buying a freehold or extending a lease easier, faster, fairer and cheaper. With that context in mind, it is hugely important that leaseholders, like any other residents, are kept safe in their homes.

The fire at Grenfell Tower was a terrible tragedy. The Government are determined to learn the lessons and take all necessary steps to ensure that nothing like it can ever happen again. I wish to set out some of the steps that the Government have taken since the tragedy. The Department’s building safety programme, set up immediately after the fire, is working hard to ensure that all high-rise residential buildings are safe from the threat of fire, and that residents feel safe in them. To support that, the Secretary of State appointed an expert panel to ensure that the necessary steps are taken to ensure the safety of residents of high-rise buildings. Following the panel’s recommendations, the Government provided advice to building owners on the interim measures that they should put in place to ensure the safety of their residents. We swiftly identified social housing blocks and public buildings with unsafe cladding. All the affected social sector buildings that we have identified have these measures in place.

[Mr Reed]

The Minister will recall the lethal fire at Lakanal House in 2009. In 2013, the coroner who investigated that tragedy urged the Government to change the fire safety regulations that govern the use of cladding—specifically, approved document B. The Government failed to amend that regulation in 2013 and now, five years later, they have still failed to amend it. The criticism was that it was unclear what kind of cladding could and could not be put on a building. For that reason, flammable cladding exists on hundreds of blocks today. Will the Minister explain why the Government have done nothing in the nine years since Lakanal House?

[Mrs Wheeler]

The important thing is that the Hackitt review has already released interim recommendations, which we have accepted. We await the review to report later this summer. That will be the answer going forward.

All the social housing blocks and affected social sector buildings that we swiftly identified had the measures in place. In parallel, we tested different combinations of cladding and insulation to see which of them met the building regulations guidance. We published consolidated advice in September, confirming the results of the tests with advice for building owners. We have also been working with building owners and industry to support remediation work.

At the same time, the Government asked Dame Judith Hackitt to undertake an independent review of building regulations and fire safety to ensure that buildings are safe in future. We are taking forward all of the recommendations for Government contained in the interim report, and look forward to the publication of her final report shortly.

We believe we have identified all affected social housing blocks and public buildings. With regard to private sector buildings, the Government have made the testing facility at the Building Research Establishment available free of charge, and we continue to urge all building owners to submit samples for testing if they think that they may have unsafe cladding. In addition, the Secretary of State wrote to all local authorities in August asking them to identify privately owned buildings with potentially unsafe cladding in their area in line with their statutory duties.

[Marsha De Cordova]

On that point, my local authority, Wandsworth Council, has still not published any information around those private blocks that could potentially have flammable cladding. Will the Minister take it on herself to continue to press the council to get on with the job and publish the information? She made the recommendations last summer.

[Mrs Wheeler]

I hear what the hon. Lady says. We have close contacts with Wandsworth Council.

In addition, the Secretary of State wrote to all local authorities in August asking them to identify these properties. The majority of local authorities recognised the urgency of that work and provided relevant information, and we are very grateful for their hard work. However, this is not a straightforward task, particularly when building owners cannot be traced or are unresponsive. We have been in constant dialogue with local authorities ever since. Last month, to support local authorities in that work, we announced a financial support package of £1 million to assist the most affected local authorities in identifying the remaining private high-rise buildings with potentially unsafe cladding.

We are progressing work to issue a statutory direction as to local authorities’ reviews of housing conditions in their area in respect of cladding-related issues. We are also working to publish additional operating guidance to support local authorities in assessing the risks to residents posed by potentially unsafe cladding.

These measures will help local authorities to take enforcement action to ensure that hazards in residential buildings in their areas are remediated as quickly as possible. I am confident that these steps will strengthen local authorities’ hands when carrying out this work. I can assure hon. Members that, as soon as we are notified of buildings with potentially unsafe cladding, we work with local authorities and the National Fire Chiefs Council to ensure that interim measures are put in place.

The Government have been clear that remediation should be done as quickly as possible, but it should also be done properly. Let us be clear: the remediation of buildings with ACM cladding is a complex process, involving major construction work which needs to be planned, consulted on and carried out carefully. Rushing any phase of the remediation process could jeopardise the safety of residents. I am encouraged that remediation has started on 103 affected social sector buildings and that, of those, seven have finished remediation work. There is clearly a long way to go, but that is significant progress.

I understand that funding is a concern for Wandsworth Council. In the social sector, all the local authorities and housing associations that we have spoken to have indicated that they have no plans to pass on the costs of essential remediation work to individual flat owners within their buildings. We will consider financial flexibilities for local authorities that are concerned about funding essential fire safety works to the buildings that they own.

In the private sector, we continue to urge those with responsibility to follow the lead from the social sector and not attempt to pass on costs. They can do that by meeting costs themselves or looking at alternative routes such as insurance claims, particularly warranties, or legal action.

[Mr Reed]

Will the Minister give way?

[Mrs Wheeler]

No, I am going to finish.

We are aware of cases in Battersea where freeholders are seeking to do just that.

[Mr Reed]

Will the Minister give way?

[Mrs Wheeler]

No, thank you.

Where building owners are seeking to pass on remediation costs to leaseholders, it is important that leaseholders can access specialist advice to understand their rights. We have provided additional funding to the Leasehold Advisory Service—LEASE—which provides independent, free, initial advice to leaseholders to ensure that they are aware of their rights and are supported to understand the terms of their leases. LEASE continues to provide valuable support to affected leaseholders around the country. On 15 March, the Secretary of State announced an industry roundtable on the barriers to the remediation of buildings with unsafe aluminium composite material cladding.

[Mr Reed]

Will the Minister give way?

[Mrs Wheeler]

No, I will not.

I hope that the points I have made have reassured—

[Mr Reed]

Will the Minister give way?

[Mrs Wheeler]

No, I will not, sir.

I hope that the points I have made have reassured hon. Members just how seriously we are treating the building safety issues that the terrible fire at Grenfell Tower brought to light, and our commitment to supporting leaseholders and all residents throughout this process.

Question put and agreed to.

Secure Tenancies (Victims of Domestic Abuse) Bill [ Lords ] (Second sitting)

Heather Wheeler Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 27th March 2018 Public Bill Committees

[Sir Robert Syms (Poole) (Con)]

I have sat on a number of Committees in this House, and Plaid Cymru and the Scottish National party have always asked one question: have the devolved Administrations been consulted? They say little else apart from that. Whether it is a good or a bad idea to add this measure to the Bill at this stage, as a Unionist I think that if we are to ensure a good relationship between the Governments within the United Kingdom the devolved Administrations ought to be consulted first. Even on something that may be reasonable from the point of view of Government-to-Government relationships, they ought to be consulted first.

We have not yet reached the end of the Bill. There is a further stage on Report and, as Lord Bourne has already undertaken to have some discussions with the devolved Administrations, it might be better for them to be concluded before we add to the Bill, possibly ruffling feathers north of the border. Whatever the Westminster Parliament does can sometimes seem to be used by the SNP grievance machine. Therefore, we ought to tiptoe in that direction. If discussions subsequently take place so that changes can be made to the Bill, that is fine, but at this stage I am wary of adding something that, in essence, is a UK diktat—or will be seen as such by some in Scotland. I am sure that the hon. Member for Great Grimsby wants the best legislation for the victims of domestic violence, but I think it might be better for us to wait.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

The new clause calls for a review of the potential for future co-operation between local authorities in England and those in Wales, Scotland and Northern Ireland, with consideration of how it may be possible to extend the provisions in the Bill to apply across the UK. The issue was raised during passage of the Bill through the Lords and, indeed, an amendment was tabled and subsequently withdrawn.

As hon. Members are aware, housing is a devolved matter, so it is for local authorities, or the Housing Executive in Northern Ireland, and social landlords to decide whether to allow access to social housing under the law that operates in that particular country. Wales, Scotland, and Northern Ireland have their own homelessness legislation. There may of course be differences of approach, according to the requirements of the devolved area and the pressures on their housing stock. As I understand it, for example, in Wales, where social housing stock is in highest demand, the local authorities can and do discharge their duty to rehouse using the private rented sector.

The Minister for faith, Lord Bourne of Aberystwyth, wrote to peers on this issue following Second Reading, setting out how each devolved Administration would deal with the situation if a person, as a result of domestic abuse, were to flee from their home in England to a devolved Administration. I am more than happy to share that with the Committee.

I agree that there should be increased co-operation between England and the devolved Administrations on the question of victims of domestic abuse, including where a victim needs to move from one country to another to escape the abuse and to feel safe. Furthermore, I understand that the Minister, Lord Bourne, gave the commitment that he would raise the issue at the roundtable with the devolved Administrations, which I understand is next due to take place on 19 April in Cardiff. In fact, the noble Lord has written to ask whether the issue could be put on the agenda of that meeting. He has made it clear that he would like to explore whether we can develop a concordat or joint memorandum of understanding between the four countries on our approach to social housing and cases of domestic abuse.

I remind hon. Members that the purpose of the Bill is to remove an impediment that might prevent someone who suffers domestic abuse from leaving their abusive situation in England when the provisions under the Housing and Planning Act 2016 come into force. The Housing and Planning Act applies only to England.

In the current situation, a victim of abuse in another part of the UK, such as in Scotland, will not have an impediment to fleeing their situation from fear of losing their lifetime tenancy, as another council in Scotland will grant them a lifetime tenancy when they are rehoused. The commencement of the Housing and Planning Act does not change that.

I do not believe it would be appropriate to include a duty in the Bill, which applies to England only, to consider the potential for amending legislation in other parts of the UK. In this instance, I firmly believe that addressing the question at the devolved Administration roundtable is the correct approach, with a view to securing a memorandum of understanding or concordat. This is a common issue in which all parts of the UK have an interest, but, as I have said, the differences in housing legislation across the devolved Administrations mean that I do not believe a UK-wide provision in a Bill based on an Act that applies only to England is the correct approach. For all those reasons, I do not consider the amendment to be appropriate or necessary and I ask for it to be withdrawn.

[Melanie Onn]

Yes—yes please to the sharing of information that has been distributed by Lord Bourne. I very much welcome that, as I would a notification to confirm that the meeting of 19 April has taken place and the detail of the conversations that took place within it. I am slightly concerned that the legislation is almost being drafted with eyes shut to the reality of people’s lives. I would urge every consideration to ensure that that is not the reality.

For example, I do not know whether the concordat or memorandum of understanding would be legally binding, how it would operate in an enforceable way and how, if an individual felt that they were being treated differently because they happened to cross a nation’s border, they would go about challenging that, what the normal process would be, whether legal aid would be available, and so on.

There are still concerns that the legislation will not fully do what is necessary to meet the intention that has been set out, but I await the outcome of the meeting on 19 April. I agree that there should be a pause to establish whether that meeting can resolve this issue in an amicable fashion, rather that something that seems to have a UK parliamentary overbearing overtone, which may not be well received by the devolved nations, and I mentioned the sensitivities of the issue in my speech. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Question proposed, That the Chair do report the Bill to the House.

[Mrs Wheeler]

Ever so briefly, I thank everybody for the lively debate. It has been a very well-informed discussion. I think there will be some issues on which we will be able to give greater clarity and comfort to those who have asked questions. Ms Ryan, I thank you, and all the Clerks and staff who have helped us get through this Bill.

[Melanie Onn]

I thank the Minister for listening in an open and honest fashion to the points that have been put genuinely to try to improve the Bill. I also extend my thanks to the staff of the House authorities and the civil servants [Hon. Members: “Hear, hear!”]. I thank all of those who have participated in the debate for their contributions.

Question put and agreed to.

Bill accordingly to be reported, without amendment.