Renters’ Rights Bill

Lord Best Excerpts

Wednesday 14th May 2025 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I have an interest to declare, as my family owns land in Cookham with a quarter of a mile of river frontage along the Thames and one of its tributaries, but we have never accommodated houseboats. I have added my name to Amendment 262, so ably spoken to by Lord Cashman, and it is appropriate that houseboats are linked in this group of amendments with mobile homes, about which the noble Baroness, Lady Whitaker, has just spoken. In both cases, the home is owned or rented by the owner, but the land or water on which it rests is owned by somebody else. This leads to issues of security mentioned by the three previous speakers, as the home—which, as we have heard from the noble Lord, Lord Cashman, may cost a quarter of a million pounds—has really no value unless it is on land or secured to land. To that extent, there is some comparison with leaseholders, because the flat owner owns the flat, but he does not own the land on which it is based. That is the point that I want to make.

All three tenures—leaseholders, mobile home owners and boat owners—have varying degrees of security. Right at the top of the scale are leaseholders, whose rights have been progressively improved over the last 50 years, and more rights are promised in forthcoming legislation. Lower down the scale are mobile home owners. They have rights; as a Minister, I put on the statute book the Mobile Homes Act 1983. That legislation was then succeeded by other legislation, further improving the rights of mobile home owners. By contrast, houseboat owners are right at the bottom of the list and have very little security. So far, all Governments have refused to make any progress.

I will not repeat the problems facing boat owners that have been so ably mentioned, but I just make this point. In answer to a Question on 17 January, the Minister in the other place said:

“The government recognises that while the occupants of residential boats have the benefit of protection under the Protection from Eviction Act 1977 and wider consumer … legislation, they do not enjoy the same level of … security as those in the private rented sector. We will consider what action might be necessary to provide houseboat residents … with greater security in their homes”.


That is exactly what Amendment 262 does. It asks the Government to review the security of houseboat residents, which the Answer said they are going to do anyway. So, I honestly do not see why the Minister has any reason not to accept this amendment, as it simply is in line with an Answer given by her parliamentary colleague only three months ago.

[Lord Best (CB)]

My Lords, my name is down in support of Amendment 262 in the name of the noble Lord, Lord Cashman, which, as he so eloquently explained, calls for a review of the position of river houseboat residents. I also support his Amendment 206A, which would give houseboat residents similar protections to those afforded to renters in the Bill before us. Protections are needed for those on houseboats against evictions and massive increases in mooring fees and licences, which are simply not affordable to many who have made their homes on our rivers and canals.

I couple these houseboat amendments with Amendment 206B, so convincingly covered by the noble Baroness, Lady Whitaker, and supported by the noble Lord, Lord Bourne of Aberystwyth, which would enhance the rights of those living in so-called mobile homes, often known as “park homes”. There are obvious parallels between those living in mobile homes where the site is owned by someone else and those living in houseboats, where, again, the resident does not own the place where their home is situated, as the noble Lord, Lord Young, explained. In both cases, there is a need for protection just as much for the rights of those occupiers as for those living in permanent bricks and mortar homes that cannot be moved.

I pay tribute to the noble Baroness, Lady Whitaker, for her fearless campaigning for Gypsy and Traveller rights, and I will not attempt to speak on her expert amendments in respect of those communities.

My interest in respect of mobile homes stems from the Mobile Homes Act, which the former MP, Peter Aldous, introduced as a Private Member’s Bill and I piloted through your Lordships’ House in 2013. Today, some 200,000 people—many of them elderly—occupy such mobile homes, on about 2,000 sites. Although some are living in happy communities, there have been too many cases of unfair practices by site owners taking advantage of those residents.

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[Lord Hacking (Lab)]

I congratulate our Chair on going through these complicated provisions. She is doing very well and should receive congratulations from all of us.

We now move on to the chapter relating to the private rented sector database, which is an essential component in the efficient bringing in of the provisions of the Bill. The database should be set up even before the Act comes into force.

Amendment 219 seeks an obligation that the database operator must establish and operate the database within one year of the Act being passed. It seeks to set down a timetable for the bringing in of the database. All these amendments, like my earlier amendments, are meant to be tidying-up amendments and helpful to all of us taking part in this debate. The other amendments in my name in this group are Amendments 231 and 232. In an earlier version of the grouping, Amendment 237 was in this group but somehow it has disappeared. Can it be brought back to this group so we can discuss it as well?

Amendment 231 would require

“the database operator to ensure that facilities are available for persons to report breaches of any requirement”

by means other than a computer. I have already spoken to the problems of the computer inept, including myself, and my noble friend the Minister is sympathetic on that issue.

Amendment 232 would require

“the database operator to ensure that facilities are available for people to access information on the database, in situations where they do not have access to a computer or electronic device”.

Again, it would help those such as me, who are digitally inept.

Amendment 237 would remove

“the exception for landlords to be registered on the private rented sector database before a court can grant possession in cases”

under ground 7A of the Housing Act 1998, as amended; for example, proceedings brought by the landlord for possession for anti-social behaviour. That seems to be a sensible amendment. There should not be restraint on a landlord bringing such proceedings, which are socially vital for the community in which those tenants are playing a part.

Those are all the amendments. I hope I have been able to describe them lucidly and correctly to your Lordships. I beg to move.

[Lord Best (CB)]

My Lords, I will speak to Amendments 220 and 225. Amendment 220, in my name and those of the noble Lord, Lord Young of Cookham, and the noble Baronesses, Lady Thornhill and Lady Kennedy of Cradley, is the first of several amendments to support and enhance the Bill’s proposals for a PRS database. I am grateful to my noble colleagues and also to the Lettings Industry Council, Generation Rent, and the Large Agents Representation Group for help in drafting these amendments.

The database, as proposed by Clause 76, will contain some basic information about the landlord and the property. This will assist local authorities in the carrying out of their duties in the enforcement of required standards in the PRS—private rented sector. It will save councils time and money—chasing landlords for the information the council needs and locating properties failing to meet statutory requirements.

However, the database can do much more than this, and Amendment 220 makes it clear that it can have a wider, more significant role. It would surely be a wasted opportunity if the property database was of use only to local authorities. The amendment makes it clear that information on the database should also be available for the benefit of tenants, landlords and their agents. Not least, this new resource should enable landlords and agents to identify any obligation for them to obtain a licence from the local authority where the property is subject to a licensing requirement and would assist them in making such an application.

For tenants and prospective tenants, Amendment 220 makes explicit what is surely intended; namely, that the database is being created to provide important information for those seeking a property to rent who want essential details about their future home and its landlord.

Amendment 225 seeks to assist the new database process by clarifying that its functionality should allow data to be uploaded by landlords’ agents as well as by the landlords themselves; otherwise, landlords will need to be contacted constantly by agents to obtain the information they need. With around half of rented property being supported by lettings agents, this tweak is another reason why the amendment is a necessary addition to the Bill.

This property portal amendment is supported by those representing renters and those representing landlords and property agents. With the additional features that we will discuss in the next group, these amendments seek to ensure that the database has a transformative impact in raising standards, helping enforcement and widening knowledge of all the properties in the sector.

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Moved by

[Lord Best]

221: Clause 76, page 110, line 18, at end insert—
“(d) entries containing details of landlord gas safety records and landlord electrical installation condition reports for dwellings which are or intended to be let under residential tenancies.” Member’s explanatory statement
This would include landlord records of gas and electrical safety checks in the PRS database. Permits the Secretary of State to make regulations to enable the PRS database to register landlord records of gas and electrical safety checks.

[Lord Best (CB)]

My Lords, I shall speak to Amendments 221, 224, 227, 229 and 230. These amendments are in my name and those of the noble Lord, Lord Young of Cookham, and the noble Baronesses, Lady Thornhill and Lady Kennedy of Cradley. The noble Lord, Lord Young, apologises for his unavoidable absence but underlines his support for the amendments. I thank all those noble colleagues for supporting these amendments.

The amendments relate to the content of the new database, a property portal. They add key items to the information to be provided. Amendments 221, 224 and 227 would add landlord records of gas and electrical safety checks, with definitions of what these comprise. Currently, there is a national digital register of all energy performance certificates, and these EPCs will be brought together with details of the letting. However, there is no register for the critical landlord gas safety or electrical checks. These are frequently lost or neglected, and tenants may be unaware of them. The PRS database provides an opportunity to have these vital safety certifications brought into the digital age and made available widely, to ensure the safety of rented property. Building safety is now a national concern, and details of these checks represent important content for prospective tenants as well as for local authorities.

Am I right in thinking that the Government intend to consult on further items to be covered by the database and that, as part of the consultation, there will be the opportunity to add items to go into this new portal? I would include many of the extra items listed in Amendments 222 and 228, in the names of the noble Baronesses, Lady Thornhill and Lady Grender. For example, listing rent levels would provide invaluable data for the First-tier Tribunals, which will be taking decisions on market rent levels. A further addition it would be good to see would be a categorisation of properties suitable for people using wheelchairs or with mobility problems. To have this information readily available via the database would be helpful not just to renters seeking accessible accommodation, but to the landlord with an adapted property who is looking for tenants who can make use of the adaptations.

Finally, Amendments 229 and 230 would require the PRS database to make use of the unique property reference number, to which the Minister has already referred, as the identifier for every property on the database. This valuable and reliable tool already exists as a means of identifying any specific property. Noble Lords may not be aware that all their homes already have such a number—a UPRN, which can dramatically speed up the search for a particular house or flat. The Bill provides the perfect opportunity to put this excellent facility to good use. A pilot scheme utilising UPRNs in Nottingham has demonstrated that councils get a sixfold return from investing in this approach and streamlining the property data for collection for their area. The noble Baroness, Lady Scott, jumped the gun in welcoming Amendment 230. I will save her having to do so again and thank her now.

In conclusion, and in relation to all the amendments in my name and those of colleagues, to whom I offer my thanks, I believe them to be acceptable and agreeable to the organisations representing renters, landlords and property agents. I hope that the Minister can support them and I look forward to her response. I beg to move.

[Baroness Grender (LD)]

My Lords, my Amendment 228 seeks to enhance transparency and oversight in the private rented sector by requiring the database to include information on tenancy disputes. This would cover a range of issues, including disputes about rent levels. It would also record the outcome of each case and how long it took to reach a resolution.

This is, at its heart, a proposal for greater clarity. It is not intended to be punitive, nor to cast all landlords in a negative light—quite the opposite. It is an opportunity to reward good landlords. Those who respond quickly to issues, resolve disputes fairly and demonstrate a commitment to their tenants should have that record reflected and recognised. Too often, the private sector operates in the shadows, with tenants unsure of their rights and little visibility of how disputes are handled behind closed doors. This amendment would bring to light that process by recording the nature of a dispute, the parties involved, the outcome and the time taken to resolve it. We would therefore create a more informed and accountable system.

For tenants, this information is empowering. It helps them to make better decisions about where and with whom they rent. For landlords, it provides an incentive to act responsibly and promptly, knowing that their actions contribute to a public record. For policymakers and regulators, it offers a valuable source of data to identify patterns, spot areas of concern and improve enforcement.

The inclusion of rent level disputes is especially important for improving transparency. At a time when affordability is a growing concern, making this information available would provide clear insight into how disagreements over rent are handled and resolved. It would help build a more accurate and evidence-based picture of where pressure points exist in the system. It would also help tenants and policymakers understand how rent issues are being addressed in practice.

In short, this amendment would help foster a culture of fairness, responsiveness and trust. These qualities are essential if we are to improve standards across this sector, and I hope the Minister will look favourably on it.

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However, we know that there may be gaps in coverage, so we are undertaking technical exploration with relevant partners to understand how we might address this. We need to complete this research to ensure that UPRNs can be used effectively within the database. We also do not think it would be right to put this requirement in the Bill until we are certain of the efficacy of UPRNs within the database. Given that we need to test the suitability of using UPRNs within the database, I ask that the noble Lord does not press these amendments.

[Lord Best (CB)]

My Lords, I am grateful to all noble Lords who have participated in this debate— mostly agreeing with the amendments, sometimes quite enthusiastically.

One thing we have perhaps not covered before is the providers of gas and safety certificates and electrical safety checks being the people who upload that information on to the database, rather than putting the onus entirely on the landlords. This sounds rather radical, but it is in fact quite an important piece of the jigsaw. We do this with our MOTs: it is the MOT provider who has looked after the car who sends the information to the DVLA; you can record this pretty much instantly, without a lot of hassle. This also already happens with energy performance certificates: it is the provider of the certificate who uploads it on to the database. So this is not a huge jump.

I was encouraged by the Minister’s comments, for which I express appreciation. Basically, we are all on side, and things will be added to the list of contents that are included in this, but I get the unfortunate feeling that we are going to take this at a rather gentle pace. We have to wait for the secondary legislation, extensive testing and trials, bringing forward each piece one step at a time. This may be sensible, but it will be quite frustrating, given that there is such potential. There is an opportunity here for the database to make a real difference.

I thank all participants, and the Minister in particular, but I urge that we press on with this as soon as possible, because it is a really valuable tool and will make a big difference. I beg leave to withdraw the amendment.

Amendment 221 withdrawn.