Fire Safety Bill

Lord Best Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 29th October 2020 Lords Chamber

[Baroness Eaton (Con) [V]]

My Lords, I, too, declare my interest as a vice-president of the Local Government Association. We all share the object of improving the safety of residents and protecting them from the hazards of fire. The Bill is a most welcome contribution to this aim, and provides much-needed clarity about the responsibilities and duties of building owners.

My noble friend’s amendment has been tabled with the best of intentions. On Second Reading I mentioned my concern about the potential for fire hazards from white goods, as did others. I therefore looked with great interest at my noble friend’s amendment. Although I share the concern behind the two amendments regarding fire hazard posed by faulty electrical appliances, this amendment would transfer the responsibility for that issue away from the manufacturers and owners of such appliances, to the responsible person and the fire and rescue service.

The requirement for the responsible person to keep a register of electrical appliances and to check whether they are subject to a recall notice would be completely impractical, particularly in social housing, where the responsibility of the local authority or housing association has significant implications, especially in relation to keeping a register of all electrical appliances.

Surely the responsibility for the safety of electrical goods should sit with the manufacturers. Recent legislation created a national regulator, the Office for Product Safety and Standards, to lead and co-ordinate the product safety system, and respond to safety incidents and recalls. The Electrical Equipment (Safety) Regulations 2016 place strict legal obligations on manufacturers to ensure that electrical equipment is safe before it enters the marketplace. An added concern was gaining the co-operation of occupiers and to private properties. There are potential problems of access rights, and ECHR issues.

Clause 86 of the draft building safety Bill imposes duties on residents regarding maintenance of electrical equipment, and I feel it would be better if the aims of the amendment were seen in relation to general electrical safety checks, and were part of that Bill’s safety case provision.

Fire statistics show that 34% of accidental dwelling fires in 2019-20 were caused by misuse of equipment or appliances, with a further 15% due to faulty leads. However, faulty electrical goods, although unacceptable, are not the primary source of fire fatalities: 23% of fire fatalities are linked to smokers. However, even if it were possible to fulfil all the obligations created by my noble friend’s amendment, we would always need to recognise that fires often start in kitchens—and Amendments 1 and 24 will not negate fire danger in kitchens.

[Lord Best (CB) [V]]

My Lords, this important Bill commands extensive cross-party support. The amendment, with leadership from the noble lord, Lord Bourne, also has backing from all parties, and I can now add support from the Cross Benches. I think we have all been helped by input from the Electrical Safety First charity, from whose excellent briefing I note that the failure of electrical appliances is the underlying cause of some 57% of the fires in homes, as with the Grenfell Tower tragedy, in which a fridge-freezer caused the fire.

Although electrical product companies endeavour to alert customers when they need to recall appliances—as with the more than 500,000 white goods subject to recalls from Hotpoint and Indesit alone—there are many reasons why the message does not get through: people move and take appliances with them; recall notices get lost; people buy second-hand goods, and so on. There are a lot of electrical products out there with the potential to start new fires at any time.

Amendment 1, in combination with the proposed new schedule, provides two levels of assurance, both of which seem eminently suitable and practical for high-rise buildings in particular. These involve, as explained by the noble Lord, Lord Bourne, keeping a register of electrical appliances and having a five-yearly electrical safety inspection of all flats, not just those that are privately rented.

We need to consider possible criticisms, and I shall take up one or two of the points made by the noble Baroness, Lady Eaton. Would these measures, however necessary, be expensive to administer? Would they be costly for residents? Would they be intrusive into people’s private space? Adding the task of maintaining a register of residents’ appliances would increase the workload of the responsible person with fire safety duties, but the increased workload should be modest, and a tiny supplement to service charges should cover this.

I stress that the amendment would not add to the duties or responsibilities of the fire and rescue service; rather, it would assist the service by reducing fires. Local authorities would have oversight of the requirement for inspections, but they already have enforcement duties in respect of privately rented flats. Moreover, the work involved should not be onerous, as the apartment block’s managers, and the responsible person, in particular, will want to retain oversight of the building’s electrical safety.

As for the quinquennial inspection, I gather from managing agents in the private rented sector, who are already dealing with electrical safety inspections, that costs can be much lower than the £200 we have heard about for a five-year certification. There will be economies of scale in covering flats in a tower block, compared with costs for a check-up and certificate for a one-off private property. The inspection requires a qualified electrician but not a fully fledged surveyor or electrical engineer. I think £50 per unit, equivalent to £10 per annum, could be achieved in due course. Such a payment may be more than helpful in alerting the occupier to any potential hazards and providing peace of mind derived from the knowledge that one’s neighbours are much less likely, unwittingly, to cause a disastrous fire.

Some have argued that applying this obligation to home owners is a step too far. There is little objection to social landlords being required to meet standards demanded of private landlords, and the Regulator of Social Housing will not only insist on comparable standards but will ensure they are enforced. But there are sensitivities about placing the same obligations on home owners—leaseholders and shared owners—in these apartment blocks. However, this represents a free checking service for the resident to ensure that they are not harbouring an unsafe appliance that was the subject of a recall. The key point is that the actions of each resident, whether a tenant or an owner, affect all the other occupiers in the same building. While I am a firm supporter of mixed tenure development, as I know the Minister also is—it seems essential that these safety measures cover all apartments in a mixed block, irrespective of the tenure of the residents therein.

In conclusion, I strongly support the amendment—and I am delighted that we have a Minister responsible for the Bill who has the knowledge and the skills to take this forward, noting its support from all parts of your Lordships’ House.

[Baroness Couttie (Con) [V]]

My Lords, I want to speak against this amendment. I remind the House of my interest as a vice-president of the Local Government Association. I know that everyone in this Chamber is concerned about fire safety and united in their desire to ensure that tenants are safe in their homes. As other noble Lords have said, the terrible tragedy at Grenfell Tower and other significant fires in multi-occupied blocks were caused by faults with electrical devices. Naturally, we all want to make sure that such disasters can never happen again.

As the ex-leader of Westminster City Council, I know at first hand that local authorities and the housing associations they work with are entirely at one with us on this goal. However, I also know at first hand what practical and financial challenges the amendment proposed by my noble friend Lord Bourne would have. I agree with the comments made by my noble friend Lady Eaton.

Almshouses

Lord Best Excerpts

Thursday 22nd October 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, respectfully, I feel that the almshouse movement is an extension of philanthropy which sits outside the state social housing system. There are some that elect to be registered providers. It is important to recognise that the Government are providing a great deal of support towards the new build of affordable housing, both intermediate and social. Of course we want to see almshouses continue to thrive, and I point out that in recent years we have seen the greatest growth in modern times—since the Victorian era—so something is going right with regard to new build.

[Lord Best (CB) [V]]

My Lords, almshouses are important providers of homes for older people, but the annual programme of housebuilding for this age group by all private and social providers has fallen dramatically from over 28,000 homes 30 years ago to only around 7,000 today. Does the Minister agree that government, Homes England, the GLA and local planning authorities should once again give greater priority to homes specifically for our ageing population?

[Lord Greenhalgh (Con)]

My Lords, the noble Lord, Lord Best, is an expert on this, and I remember his Housing our Ageing Population panel and discussing with him the benefits of extra care and supported housing for the elderly when I was leader of Hammersmith and Fulham Council. The noble Lord is quite right that we need to provide housing of all types, for all needs, and specifically for our elderly, but that has to be private as well as social care. This is very much part of the Government’s thinking in the planning White Paper in relation to housing of all types and tenures.

Planning

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Wednesday 16th September 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, my noble friend is, of course, a great champion for the importance of sport and recreation. I can give him those assurances. The National Planning Policy Framework encourages local planning policy decisions to ensure that developments create places that promote health and well-being, with a high standard of amenity for existing and future users.

[Lord Best (CB) [V]]

My Lords, the Government are proposing that the usual planning requirement on housebuilders to provide some affordable housing will be removed from all new developments of up to 40 or even 50 homes for the next two years or so. Does the Minister accept that this change would lead to the loss of some 20% per annum of affordable accommodation from these planning agreements, as Savills has calculated? Does he agree that the loss could be far worse if housebuilders divide their larger schemes into two or more developments of fewer than 40 homes each? In rural areas, where most developments are, of course, smaller, will this not virtually wipe out desperately needed affordable new homes from this source for local people?

[Lord Greenhalgh (Con)]

My Lords, the noble Lord, Lord Best, is an absolute expert in social housing. I recognise that there is a proposed change and I encourage him to communicate with the consultation, which is ongoing until the end of October. We have committed to delivering a range of different types of affordable housing and have announced a £12 billion affordable homes programme to ensure the continued development of affordable housing.

Housing: New Homes

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Tuesday 8th September 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, the Government welcome the report of the Building Better, Building Beautiful Commission, and are at this point carefully considering its recommendations. A government response will be published in due course.

[Lord Best (CB) [V]]

My Lords, only a quarter of households in most places have a high enough or secure enough income to buy, even with support from schemes like Help to Buy and First Homes. Does the Minister agree that we cannot achieve 300,000 homes a year by continuing to rely on the housebuilders building homes affordable to only a quarter of households? Does he agree with Professor Glen Bramley that we need to build 140,000 homes a year that are affordable to those on average and lower incomes—in other words, more than twice as many as are being built by housing associations and councils today?

[Lord Greenhalgh (Con)]

My Lords, I recognise the importance of delivering housing of all types and tenures, and that is reflected in the new approach to housing need, which takes into account affordability as a key plank of the new approach to the formula. I just referred to the enormous amount of money— £11.5 billion—that is being set to deliver affordable homes in the next five-year period.

Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

Lord Best Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Best (CB) [V]]

My Lords, I had the privilege of taking the Mobile Homes Act 2013 through the House. It came to us as a Private Member’s Bill from the other place, where it had been brilliantly championed and piloted through its legislative stages by my colleague Peter Aldous MP.

Then and subsequently, I visited a number of these residential park home sites and met the usually retired and sometimes vulnerable residents, the owners of these static caravans. In some cases, a happy community has become established and the management of the site is perfectly satisfactory. It has, however, been shocking to learn of the exploitation, harassment and intimidation at the hands of site owners—some with criminal records—who have acquired sites expressly to extract hefty pitch fees from the residents with threats of cutting off electricity and gas supplies, or, worse, to bully elderly residents into leaving so the site owner could make big profits when the mobile homes were sold.

At the time of the 2013 Act, we debated the issue of requiring managers of park home sites to be “fit and proper persons”. Although the Act provided for such a requirement, it was hoped that the other measures in the legislation would be so successful in ending the bad behaviour of a minority of dreadful operators that this extra step would be unnecessary. The Act did indeed outlaw some dreadful abuses and has made a very real difference to the lives of many of the 180,000 people who occupy these homes. But sadly, as predicted at the time, appalling behaviour by a few site owners has persisted and the measure before us today—albeit a little slow in emerging, with its implementation coming eight years after the Act—is very necessary, as is agreed by the reputable site owners’ trade body, the British Holiday & Park Homes Association.

The question in my mind is: will the fit and proper person test be adequately enforced? Will local authorities have the resources, skills and motivation to make this new requirement a reality? Will MHCLG accompany the new obligation before us today with the funds and central government support that can make it meaningful? Fees charged to the site owners seem likely to be no more than £250 to £500 for a five-year certification of fit and proper status. This is equivalent to £50 to £100 per site per annum, so a council with 10 park home sites —not untypical—could only count on £500 to £1,000 a year to ensure its officers were trained and equipped to apply and enforce the fit and proper person test, sometimes having to pursue some pretty slippery customers. So, in strongly supporting the regulation, I ask the noble Lord the Minister for some reassurance that local authorities will be funded and assisted to implement it.

Homelessness

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Monday 13th July 2020 Lords Chamber

[Lord Greenhalgh]

I thank my noble friend. She will be aware that over £0.5 billion has been made available to support rough sleepers and get them into longer-term move-on accommodation. We expect local authorities and registered providers to bring forward units of accommodation from a variety of sources, and this could include repurposing buildings such as offices, where appropriate.

[Lord Best (CB) [V]]

My Lords, I declare my interests as listed in the register. Has the Minister had a chance to consider the arrangements introduced in Spain to prevent evictions? Tenants with rent arrears caused by Covid-19 are entitled to an interest-free government-guaranteed loan to pay the landlord and remove the grounds for eviction, with the loan being repaid over a six-year period.

[Lord Greenhalgh]

I believe that the noble Lord has raised the Spanish initiative several times. Instead of following that model, our intervention strengthens the welfare safety net, increases the local housing allowance and provides discretionary housing payments to support renters.

Social Housing

Lord Best Excerpts

Tuesday 16th June 2020 Lords Chamber

[Lord Greenhalgh]

My noble friend has made a very good point, which is that we could use the returns from housing in order to increase investment. I shall have to write to her on the specifics of her point, but it should be noted that the removal of the caps on the housing revenue account was done precisely to enable more money to flow into the building of affordable housing.

[Lord Best (CB) [V]]

My Lords, a core characteristic of social housing is that its rents are genuinely affordable to those on modest incomes, but defining “affordable” is not easy. Will the White Paper cover this, and does the Minister agree with the Affordable Housing Commission—which I have the honour to chair—that a sensible yardstick is for social housing rents to absorb no more than a third of the take-home pay of those for whom social housing is intended?

[Lord Greenhalgh]

My Lords, the definition of “affordable” is certainly not an easy one. While the Government have not set a specific percentage of the incomes that people in social housing should be spending on rent, as suggested, the formula is such that it is typically around 50% to 60% of market rents.

Covid-19: Planning System

Lord Best Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Best (CB) [V]]

My Lords, can the Minister confirm that the Government remain committed to Sir Oliver Letwin’s recommendations for enhancing, not diminishing, the role of local authorities in planning by requiring a wider mix of homes for people of different incomes and ages and by capturing the big increases in land values created by the granting of planning consents?

[Lord Greenhalgh]

I am afraid that I did not capture all of that because of the quality of the transmission, but I can certainly say that we will be taking into consideration Oliver Letwin’s findings in his report.

Covid-19: Housing

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Monday 18th May 2020 Lords Chamber

[Lord Greenhalgh]

My understanding is that the consultation is with the Secretary of State and we hope to get it out as soon as possible.

[Lord Best (CB)]

My Lords, the Minister will have noted the predictions of property economists that prices of land and property could fall by 10% to 30% in the year ahead. Does he agree that, rather than see speculators and foreign investors snapping up stalled developments and cheaper sites and properties, this is the moment for government to back social housing providers to buy and to build to achieve the 100,000 homes a year so badly needed by those who cannot buy and who struggle with private sector rents? That includes the essential workers, nurses, social workers and bus drivers on whom we now utterly depend but whose housing needs we have so neglected.

[Lord Greenhalgh]

The noble Lord is right that we must ensure that we have housing of all types and tenures, including affordable housing for key workers, as he outlined. I note that the affordable homes programme for the next five years is £12.5 billion—that is greater than the amount for the previous programme of £9 billion. We should ensure that building of more affordable housing can begin and that such housing is not for people who have not made their contribution to this country. There are ways of ensuring that we do that. I thank the noble Lord for his question.

Housing and Construction Sector

Lord Best Excerpts

Thursday 14th May 2020 Lords Chamber

[Lord Greenhalgh]

I thank my noble friend for his question. Yesterday, the Secretary of State set out the Government’s expectations that the vast majority of hearings and other events are to take place virtually by mid-June, and that those involved in the planning process should work proactively to support this. I also take the point that this can be done virtually and by written representation, and I will take that up with the Secretary of State—particularly the point about written representation. On appeals, the Planning Inspectorate held its first digital hearing on 11 May, and the objective is for it to scale that up within a matter of weeks and to do all appeals virtually.

[Lord Best (CB)]

My Lords, the Government were right to introduce a ban on evictions at this time of sudden job losses and income reductions when rent arrears are inevitable, but the ban is due to end next month. Can the Minister tell the House whether that ban on evictions will be extended, to prevent a wave of evictions later this year? Have the Government considered the Spanish Government’s scheme to prevent grounds for eviction by enabling tenants to pay off arrears with interest-free loans spread over several years?

[Lord Greenhalgh]

I thank the noble Lord for his question and for pointing to the intervention by the Spanish Government, which we will look into. The Government’s immediate priority has been to ensure that no one was at risk of being forced out of their home during this crisis, which was achieved through legislation and the stay on possession proceedings. These protections run in parallel to the unprecedented package of employee support and the £7 billion boost to the welfare system, which have sought to minimise the risk of tenants falling into arrears. Any tenant facing financial hardship should explore the support available through the enhanced welfare system. The government guidance for landlords and tenants sends a clear message that all should work together in good faith and investigate all solutions to overcome rent arrears, such as an affordable repayment programme, before eviction proceedings begin. The Government will, when the time is right, consider making changes on how best to support renters in both the private and social sectors through the recovery period.