Renters’ Rights Bill

Debate between Lord Empey and Baroness Scott of Bybrook

Tuesday 6th May 2025 Lords Chamber

[Lord Empey (UUP)]

My Lords, I think the objective of the noble Baroness’s amendment is commendable. I worry, however, that if a property is altered, it will be limited by the assessment made by occupational health, within the limitations of local authority budgets and what the cost is estimated to be. In some properties, particularly older ones, these alterations can be very substantial.

The question arises: what happens if the tenant leaves the property and it has to be reinstated? That would be a relatively simple operation for a straight stairway, but not all properties are like that. Installing a lift would be a major structural operation. I wonder whether the noble Baroness could assess what the implications would be when someone left a property and how it would be reinstated. Reinstatement can often be more costly than the installation.

With regard to undertaking minor amendments, it depends on what we mean by minor. If building control consent is not required and people alter a property, they can undermine the structure very simply. It is not difficult—a lot of older properties may not have the same structural integrity as more modern ones. If people can say that a change is only minor, what is the boundary and what are the limitations if we have no definition of what a minor alteration is? If someone starts interfering with the structure of a property without the requirement of building control consent, there will be difficulties ahead, as there can be implications for the adjacent property. If various adaptations are needed in a terraced house, it can affect properties on either side.

Who would pay for the removal of the adaptations in the first place? Although the noble Baroness has tabled a very well-meaning amendment, I fear that, if given an inch, people would take a mile because they would not want to bother with getting the various consents. People could undertake quite substantial and perhaps even risky amendments to property without consent. Again, the question arises: how do we reinstate them afterwards?

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Baronesses, Lady Janke and Lady Jones of Moulsecoomb, for their important amendments on disability adaptations. This is a crucial issue, and the Government have a duty to find the correct balance again between ensuring that disability adaptations are available to tenants and considering the significant impact that some provisions could have on our landlords.

Amendment 133, which proposes an obligation for landlords to grant permission for home adaptations following a local authority assessment under the Equality Act 2010, rightly highlights the importance of accessibility. However, we must also consider the practical and financial implications. Landlords, particularly those with smaller portfolios or those who operate on very tight margins, are already contending with a range of rising costs and regulatory pressures. Although the amendment’s intention is clear and commendable, the Government, we believe, must ensure that any new duty is accompanied by adequate support mechanisms so that landlords are not forced to absorb potentially substantial costs that could threaten the viability of their business or the quality of their housing stock.

Amendment 178 would allow tenants to undertake minor adaptations without seeking landlords’ consent. This is not merely a modest proposal—it raises some serious questions. Although “minor adaptation” may sound innocuous, this interpretation is highly subjective. One tenant’s minor change may in reality be a significant alteration that affects a property’s structure, aesthetics or marketability.

We must be clear that even small, cumulative changes can lead to a loss of value, future repair costs or regulatory complications for the landlord. Properties not designed or built to accommodate such modification may be especially vulnerable. This amendment risks creating confusion, undermining landlord confidence and ultimately reducing the availability of homes to rent, particularly in lower-cost segments of the market. Landlords must have clarity, and they must be protected from unintended consequences. As we heard from the noble Lord, Lord Empey, what happens when the tenant leaves, and who pays for reinstating the property?

Amendment 191, which seeks to prohibit discrimination against prospective tenants requiring adaptations, addresses an issue of genuine concern. We support the principle of tackling discrimination wherever it occurs; however, we must also recognise that landlords will reasonably assess the suitability of their properties and the cost implications of meeting specific needs. To avoid placing landlords in an impossible position, any new obligations must be underpinned by clear guidance and, where necessary, financial support.

I urge the Minister to bring forward some proposals before Report that genuinely balance the rights of disabled tenants with the realities that landlords face. If we are to ensure that homes are both accessible and available for disabled people, we must avoid shifting the full cost burden on to landlords, particularly without due process, oversight or compensation. The aim should be a system that is fair, proportionate and sustainable for all the parties involved.