Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018

Lord Bourne of Aberystwyth Excerpts

Wednesday 9th May 2018 Grand Committee

Moved by

[Lord Bourne of Aberystwyth]

That the Grand Committee do consider the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the regulations being considered were laid before the House on Thursday 15 March 2018. The private rented sector is an important part of our housing market, housing 4.5 million households in England. Houses in multiple occupation, or HMOs, form a vital part of the sector, often providing cheaper accommodation for people whose housing options are limited. However, HMOs sometimes pose greater management challenges than single household accommodation, and some of the occupiers of HMOs are the most vulnerable people in our society. That 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 over a decade ago, mandatory licensing has been successful in raising standards and enabling local authorities to tackle overcrowded conditions and poor management practices. However, over the past 10 years, the private rented sector has doubled in size, which has led to increasingly small properties being used as HMOs.

As these 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. Poor practice by these landlords has led to negative harmful impacts on some local communities through the accumulation of rubbish and waste, as well as noisy and anti-social behaviour outside HMOs. It is to address these problems that the Government have extended mandatory licensing to properties of fewer than three storeys. We have already laid the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order on 23 February 2018; it will come into force in October 2018. We are working with local authorities on producing guidance to ensure they are able to meet this date.

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[Lord Bourne of Aberystwyth]

My Lords, I thank both noble Lords who speak on these issues on behalf of their parties. I thank them for their general approach, which is consistently responsible and, at the same time, questions aspects of the policy, which I fully understand.

I will deal first with the points made by the noble Lord, Lord Shipley. One thing that the noble Lord, Lord Shipley, the noble Lord, Lord Kennedy, and I have in common is that we always want these things to happen more quickly than appears deliverable. I understand, therefore, where the noble Lord is coming from when he talks about how long these things sometimes appear to take. We have touched on the fact that both noble Lords carry out visits to communities at the sharp end to see what is necessary, and similarly I have been to Sheffield and Luton and seen some of the problems that exist there, which are by no means unique. Tomorrow, I am in Leeds and Hull, and on Friday I will be in Bradford, and I expect to get similar messages there.

I thank the noble Lord, Lord Shipley, for what he said about the broader definition of HMOs that we have already brought in to take into account properties of three storeys and below. As a Government and as a country we have to be fleet of foot to change our definition in the light of new circumstances so that, as he said, things do not go under the radar. I accept that 6.51 square metres is relatively small, but, my gosh, he and I know that it is a massive improvement on some of the things that are happening now. As he rightly said, we must make sure that we focus on enforcement to make sure that these and other regulations are properly enforced.

The noble Lord, Lord Shipley, asked whether the 18-month period is appropriate. When I saw it, I also thought it seemed to be a long time. However, one needs to remember that this is not, primarily, to protect landlords. If anything, it is to protect tenants, some of whom I accept are currently sleeping in a space that is too small. However, we do not want those tenants to be forced out by a landlord saying that he has to do so because it is the law. The transitional period takes into account landlords to a degree, but, much more so, tenants as well as local authorities. Probably, 18 months is about the right period.

The noble Lord, Lord Kennedy, mentioned Newham Council, which I know does much good work. I will, when possible, visit Newham to see what is happening there. He made the justifiable point that this issue has far-reaching implications for mental health, a point which, I must confess, I had not homed in on. He is absolutely right. In a sense, I lived in a HMO as a student, but that is a very different experience from living in a HMO as an adult, particularly with children, and I understand what the noble Lord is getting at. It is not a desirable position in many situations. It may be appropriate for people on a transitional basis but it is not how most people would opt to live; I fully accept that. However, given that some people are in that position, we have to make sure that there are appropriate regulations.

I again thank the noble Lords for their comments and for their general support. I commend these regulations to the Committee.

Motion agreed.