(1 month ago)
Lords ChamberMy Lords, in moving this amendment, I am grateful for the help of the Greater Manchester Combined Authority, which has worked with local enforcement teams in my diocese to help us get to this amendment.
Local enforcement will be vital to making the intention of the Renters’ Rights Bill a reality, including the extension of the decent homes standard. However, an amendment to the power of entry that councils are going to use to enforce that standard is needed so that negligent or criminal landlords do not get a tip-off of inspections in advance, which would allow them to frustrate that process or to put pressure on the tenant. Enforcement officers would never tip off the proprietor of an off-licence in advance of an under-age mystery shopper trying to buy alcohol or cigarettes but, as currently drafted, this Bill will require enforcement officers to give landlords a 24-hour tip-off for any formal inspection of compliance with the decent homes standard.
The power of entry under the Bill comes from Section 239 of the Housing Act 2004. It is completely appropriate to give notice to the occupier—I mean, it is their home; they are probably the one who made the complaint that led to environmental health officers or enforcement officers wanting to come round to have a look at it—but why on earth do we give the landlord that 24 hours’ notice? Indeed, we know already from what enforcement officers tell us that, where there is a requirement to tip off landlords, it allows criminal landlords to take lawful countermeasures. These include things such as forcibly removing tenants from an overcrowded property, pressuring tenants not to let enforcement officers into their home or taking retaliatory action, which can dissuade tenants from pursuing complaints. They can also prompt them to withdraw complaints; indeed, there is every reason why a tenant may not want the landlord to know that they have made a complaint at this early stage of the process.
Finally, I would urge that focusing the notice requirement on the occupier is consistent with equivalent enforcement legislation. For example, council enforcement officers’ powers of entry under the Environmental Protection Act 1990 include no requirement to give notice to a property’s owner.
Unlike the noble Baroness, Lady Bennett of Manor Castle—I see that she has just left us—I am not a night owl: should it get to midnight and I am still here, these fine ecclesiastical robes will, like Cinderella’s dress, turn to rags. I trust that we can have an effective but brief debate on what is, I think, a simple and clear proposal. I hope that the Minister will agree that this is a timely and sensible amendment. I beg to move.
My Lords, I thank the right reverend Prelate the Bishop of Manchester for this amendment on powers of entry into properties. Of course, there is a fine line here: we are trying to balance landlords’ rights to know what is going on in their properties, especially regarding enforcement, with the rights of the occupiers of the property to be informed when powers of entry are being exercised by enforcement authorities.
The amendment would remove the current requirement for a notice to be provided to both the owner and the occupier of the property before the authority can exercise any power of entry under Section 239 of the Housing Act 2004. This would mean landlords not having to be told that their property is going to be entered for survey or examination. I would argue that the owner of the property should have the right to be informed both that their property will be investigated by enforcement authorities and that the authority will exercise its power of entry into the property. This is the case as things stand now, and I believe that that is how it should remain.
(1 year, 4 months ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of the impact on local authority finances caused by the rising cost of temporary accommodation.
My Lords, local authorities deliver vital homelessness services, and we recognise the pressure that the cost of temporary accommodation places on councils. As we announced recently, total core spending power for councils in England will rise by 7.5% for 2023-24 to 2024-25—an above-inflation increase. In addition, we are providing more than £1 billion over three years to councils through the homelessness prevention grant, with a further £120 million UK-wide funding in 2024-25, announced at Autumn Statement, to help prevent homelessness.
I thank the Minister for that Answer. I recently visited a secondary school in Manchester which now has to make significant bespoke provision out of its school budget for pupils who are living in bed and breakfast hotels. Those students are only a tiny fraction of nearly 140,000 children in temporary accommodation, which represents a 14% rise in the last year. What assessment, if any, have the Government made of this issue? Will the Minister commit to improving the data available so that the impact of living in temporary accommodation on children, particularly on their education, can be fully understood, and local authorities can be supported to enable their schools to address and minimise it?
I thank the right reverend Prelate for that question. No one wants to see families with children in temporary accommodation, and I am sure that every local authority across the country is doing everything they can to stop it happening. But sometimes, in emergency situations, it is important for the short term that those families have a roof over their head, a safe and secure place to go. We continue to work with the Local Government Association and local authorities on how many there are in such accommodation, and what more we can do—for instance, stopping people going into temporary accommodation in the first place. With the £1 billion grant for local authority homelessness prevention, we can also start to improve the quality of any temporary accommodation that we might have to use.