Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018

Debate between Lord Best and Lord Palmer of Childs Hill

Tuesday 17th April 2018 Lords Chamber

[Lord Palmer of Childs Hill (LD)]

My Lords, from these Benches I support the Motion and see it as an extension of the legislation on client money protection agreed by this House, which I and others worked on with the noble Lord, Lord Bourne, to get it through by means of an enabling amendment. The noble Lord, Lord Thurlow, talked about someone just putting on a suit and opening a shop on the high street, but the client money protection regulations, which are just being published, mean that they cannot hold a client’s money. So things have moved on and improved. We in this House managed to improve the situation around client money protection: why can we not do that for the issue before the House now?

The argument is straightforward: how are tenants’ rights to be protected if they do not know whether an agent or landlord is dodgy? How will they be protected? The word that has not been used in the debate so far is “enforcement”. Enforcement by local authorities is very weak. If every local authority was proactive on enforcement, and if they were allowed to be so by the law, perhaps this might not be such a big issue today. But in the real world, local authorities—strapped for cash, as mentioned by other noble Lords—have and will continue to have enforcement very low in their priorities. It is interesting to note that this could be done very easily. I do not know how many properties it has nowadays, but the GLA, which has already been mentioned, has started an open list that anyone can access.

Other noble Lords have talked about separate lists in different local authorities. Because they are separate, there will be many loopholes for the rogues. The good guys will be fine, but the rogues know how to get around this. When you leave it to local authorities, without the support of national legislation, they will be nervous about taking action against a rogue landlord because, as has been mentioned: what is a “rogue landlord”? As the noble Lord, Lord Beecham, said, there are many ways of describing a rogue landlord.

People worry about what will happen to the companies and individuals that end up on the list due to a mistake made by themselves or by staff. If they are on the list, they will have to demonstrate that they have addressed the issue and then they can come off the list.

The ability of a tenant to carry out an online search of a register to see whether their prospective landlord or agent is on the list is a must before they part with a month’s rent and a deposit, only to be scammed. The query is that only some local authorities will participate unless we make this national legislation, and therefore rogues will go under the radar. My question to the Minister is this. We managed to do this by co-operation for client money protection—I must admit I co-chaired a committee that lasted for six months—and the regulations have now been published. Why can we not do this now for this simple measure to protect tenants?

[Lord Best (CB)]

My Lords, I declare my interests as listed on the register. I am full of regret about this statutory instrument but I want to preface my remarks by giving some credit where it is due. We have seen the exponential growth of private renting: the PRS has gone from 9% at the beginning of the 1990s to about 20% of the stock of this country now. As mentioned by the noble Baroness, Lady Grender, the report published today by the Resolution Foundation shows that an awful lot of people will rent all their lives, even those on relatively decent incomes.

Private renting has become very important and government has woken up to this fact. We have had a plethora of measures coming down the pipeline, and I welcome each of them. Enumerating them all would take some time, but they include the letting fees ban, which has already been mentioned, and compulsory client money protection, which will make a big difference to the world of letting and managing agents. We have also had the banning orders themselves, which are very important, never mind the publicity around them. There is the promise of a tenants’ ombudsman handling complaints from tenants about their landlords. That is coming down the pipeline. Physical things such as smoke alarms are becoming compulsory on every floor and some carbon monoxide alarms are becoming compulsory. This Government have introduced a lot of important new legislative measures. When it comes to licensing, which is absolutely where we should be, local authorities should be empowered to license the landlords in their areas and collect some funds to pay for the enforcement that needs to follow.

I went on a dawn raid with Newham Council to see the things that such raids reveal—horrendous conditions. However, a licensing system could find out which properties were let in appalling conditions and who was not paying any council tax or anything to HMRC, whose representatives came on the dawn raids as well and whose teeth are sharper than anyone else’s. We now have measures in place. The Government have allowed Newham to renew its licence for almost the whole of the borough and the Government are on the right track, so I preface any remarks by saying that the Government are bringing forward a whole number of measures. We may have reached the point where a consolidating Bill to bring all these things together would be rather a good idea.

However, we depend on the local authorities enforcing all these measures. I speak as the guilty person who piloted through your Lordships’ House the Homelessness Reduction Bill, now an Act, and I know that that brings tremendous new burdens on local authorities in relation to the private rented sector. Local authorities have a lot on their plates, and adding more to that needs to be accompanied by the resources to really make things happen. Local authorities can rightly complain if the Government do not come up with the money to follow each of these new measures.

We have the banning orders, which are great, but we are unable to get a register of those who are banned publicised far and wide. I do not like to mention the Housing and Planning Act because it brings back some horrendous memories, but three questions are answered at the back of the guidance for local authorities, Banning Order Offences:

“Should local housing authorities make public banning orders for individual landlords? We would encourage local housing authorities to make successful banning orders for individual landlords public”.


The guidance continues:

“Can a local authority make public a banning order for a business? Yes. Any business (managing or lettings agency) which has been subject to a banning order can be named publicly … Should local housing authorities make information on banned landlords available on request by a tenant? Yes. We would encourage local housing authorities to make information on banned landlords available on request by a tenant”.


That all sounds good but then we get this feeble statutory instrument, which seems to negate that and make it rather difficult for local authorities, which get legal advice to be cautious about publicising these banning orders that are so important. I think the culprit, which I have dug out today, is Publicising Sentencing Outcomes from the criminal justice system, which is guidance for public authorities on publicising information about individual sentencing outcomes. I suspect that the Minister is as frustrated as the rest of us that more cannot be done to achieve the publicity that this demands. I hope he will join the rest of us in voting in favour of this Motion of Regret.

Localism Bill

Debate between Lord Best and Lord Palmer of Childs Hill

Wednesday 20th July 2011 Lords Chamber

[Lord Palmer of Childs Hill]

My Lords, I shall speak to Amendments 173ZZD, 173ZDA and 173ZD. Broadly speaking, these amendments are intended to improve notification of advice and assistance for persons who become homeless intentionally and are not in priority need. We heard my noble friend Lord Shipley talk eloquently about those deemed to be in priority need but intentionally homeless, and they have a priority need in their favour. However, many people are entitled to receive advice from the local authority about their options when they are homeless but, because they are not in this priority bracket, often they are not given the advice that they need. They are frequently the single homeless who go along to the local authority office, as I have seen during my 25 years in a local council. The local authority office does not really want to deal with them because they do not have a priority need, they are intentionally homeless and they are single. They are often pushed from pillar to post, sleeping rough and begging for places to sleep, and often they have a mental problem or a drug problem. In the minuscule amount of advice that the local authority gives, it seems to say that these people should go to the private rented sector and rent a room. The trouble is that those in the private rented sector do not envisage such people as their top choice for tenants. Such people fall between many stools in this situation.

All the amendments are trying to do is to encourage and insist that local authorities give real advice and assistance to what these people can do to get into a secure place, albeit for a short time, so that they can recover and then come into the normal tenant situation in the urban or rural areas where they live. I hope that the Government will consider this.

[Lord Best]

My Lords, a whole series of significant points have been made which I hope do not get lost. We have had a kind of teach-in on all the issues around homelessness, which I hope can be carried forward in different ways. I shall speak to Amendment 173A, which differs from Amendment 173AA only in containing a typing mistake which Amendment 137AA has rightly expunged. Therefore, I hope I can count the noble Lords who follow me as supporting the same amendment as mine.

The amendment also relates to the proposed ending of the obligation for local authorities to find a place for a homeless household, eventually, if not immediately, in the social sector; for example, in council or housing association accommodation. In future, local authorities would be able to discharge their duty by getting the household into a private landlord's property. Up to now, it has been assumed that the characteristics of social housing, security, which we shall discuss later, and relatively low rents alongside some social support from the landlord have been essential for those who have become homeless. However, some homeless people may not need anything more from their landlord than a roof over their heads for a year or so and some may be able to cope with higher rents in due course.

More realistically, in many areas there is simply no alternative to the private rented sector for some of the people who have nowhere else to go. Even if the nation embarked on a major programme of new social housebuilding, which, despite the good effects on the wider economy, is highly improbable while deficit reduction is the greatest priority, it would be many years before that sector could satisfactorily meet the pent-up demand for affordable decent homes. Even so, using the private rented sector in place of social housing as the long-term solution to the needs of homeless people—households sufficiently vulnerable that councils must accept responsibility for them—is not the same as using the PRS for temporary, emergency accommodation, let alone for short-term lettings to students or to more affluent single people who plan to buy later.

If the council’s duty towards a homeless family is for that family to be satisfied, on a permanent basis, in a privately rented property, that offer needs to satisfy rather higher standards of suitability than for short-term lets. After all, if the household were nominated to a housing association, its housing arrangements would come under the extensive regulatory powers of a statutory regulator, the Office for Tenants and Social Landlords, now known as the Tenant Services Authority, which is to be part of the Homes and Communities Agency. That regulator sets standards on matters such as property condition, rent levels and the rights of tenants to be consulted and involved.

In considerable contrast, private landlords have no regulator, no FSA, Ofcom, Oftel or Ofgem. Many argue, as emerged from the 2009 report from Julie Rugg at York University, that some regulation of the PRS is badly needed. The Association of Residential Letting Agents is keen for amendments to go forward to regulate letting and managing agents. That would bring some 60 per cent of private lettings into a regulated system, but it is clear that the Government are not likely, at present, to be convinced of the case for regulation of this sector. This means protection for the most vulnerable of tenants—the homeless family or the homeless individual—will have to be addressed in a different way.