(4 days, 13 hours ago)
Lords ChamberMy Lords, I support Amendment 22 from the noble Earl, Lord Leicester. I declare my direct interests in the private rented sector, with lettings of cottages in Buckinghamshire and Lincolnshire, and in direct farming and agricultural lettings in those counties. I said in Committee that a number of Bills, reviews and reports are in motion that cover the whole issue of farm and other diversification in rural areas, which the Government are keen to encourage in the light of falling profitability in farming, as subsidies are withdrawn or concentrated on environmental activities and concerns.
Farmers are therefore looking carefully at their assets to see whether they can be put to a more profitable use. Obviously, this can involve farmstead cottages and buildings, rather than just stand-alone farm buildings. The Planning and Infrastructure Bill is relevant in this context, together with the rural England prosperity fund, which specifically targets facilities and building conversions that help rural businesses to diversify.
This amendment would assist in enabling diversification if the necessary planning permission has been granted or there is a permitted development right. I am thoroughly aware that the Minister is keen to protect all assured tenants from eviction for whatever reason, and keen not to reduce the housing stock. However, in granting that planning permission, the authorities will already have given due consideration to the potential conversion and any loss of residential buildings through change of use. They will have agreed that the merits of the planned development outweigh the retention of the residents. I therefore hope the Minister will include this new ground 8A amendment as a sensible ground for possession, which would assist in the development of the rural economy.
I will mainly speak to Amendments 4 and 21. It is fairly obvious that we will support Amendment 21 from the noble Lord, Lord de Clifford.
We have a problem with Amendment 4—or we did to start with, but then I took legal advice. The noble Lord, Lord Jamieson, asserted that we needed clarity and consistency across the Bill. I suspect we have more lawyers than any other profession in this House, and guess what: I got slightly different answers. However, the message was quite consistent: we absolutely do not need to have the same definition of family, in this case, across a whole Bill because we are dealing with very specific, different things.
My understanding is—and I am certain that the Minister will correct me if I have this slightly wrong—that the amendment to ground 1 deals with the diversity of the modern family and the kind of things that can happen, but it is about the repossession ground, so it has been drawn fairly tightly for obvious reasons. However, the definition in Clause 20 is clearly broader because it relates to the removal of the guarantor liability for rent after a family member in a joint tenancy dies. It is a sympathetic amendment and a sympathetic broadening, casting the net a little bit more widely, as it seeks to protect bereaved families, whereas we necessarily want to keep the definition in ground 1 fairly tight to avoid abuse. We have resolved our position on that, so we will not support Amendment 4.
I want to hear what the Minister has to say on Amendments 22 and 23, because I believe there are grounds to do what they would do already in the Bill. I am genuinely interested to hear the Minister’s response to those amendments.
(4 days, 13 hours ago)
Lords ChamberI support the indefatigable and noble Lord, Lord Hacking, in his Amendment 46. I find it plainly obvious that rent needs to be paid before occupation. I can find preciously few examples of anyone paying for goods and services after they are contracted or consumed. An obvious example is a railway ticket or an air ticket. No one goes to the cinema and pays after the performance or takes a litre of milk at Tesco and then pays after drinking it: it is just not acceptable.
Participating in the private rented sector, as either landlord or tenant, is a serious business. The landlord has made a major investment and may have a mortgage to service, among other costs. A tenant is looking for a safe and secure tenancy which incorporates decent home standards: he is well aware of the financial obligation. Without this amendment, the landlord would be laid open to the possibility of four months with no rent and a longer eviction process under Section 8, possibly taking seven months or so. The position of a landlord is a commercial business, not a public service. I urge the Minister to accept this rather obvious amendment.
My Lords, in view of the time, I will speak briefly to Amendment 43. I could simply say the first sentence: “We are strongly opposed to rent in advance because it is discriminatory”.
This amendment is being framed as a cosy option where tenants and landlords can reach a mutual agreement as to whether or not they will do this. No, I do not believe that. If allowed, it will become, as now, a requirement. In effect, it will become a bidding war by any other name, and landlords have their pick of tenants: Zoopla has just reported that there are between 20 and 25 punters for each property and at least 20 requests to view each property. Landlords can pick, it is a beauty parade, so they can choose the tenants who have the money to give them six months’ rent up front against those who just do not have those advantages. But those same people can still afford to pay the rent and would still make good tenants.
We are opposed to anything that prices out poor renters in hot rental market areas. We refute the argument being discussed by landlord groups that this is an option for niche circumstances that allows people to access housing; for example, as was said, where people might struggle with credit checks. If you are struggling with credit checks, it is highly unlikely that you will be able to pay six months’ rent in advance. In a very modest property in Watford, six months in advance is between £6,000 and £8,000. That is a lot of money.
We know that landlords and letting agents often use it as a barrier to reject tenants relying on universal credit or housing benefit, preventing them accepting a tenancy, which means that only those with savings or family support to draw on will comply, which those on low incomes are less likely to have. Shelter tells us that six in 10 renters have been asked for it and over 800,000 people in one of its surveys say they were not able to secure a property because of the demand for rent in advance. The Bill aims to prevent discrimination against renters on benefits. This amendment would allow it by the back door.