Social Housing: Awaab’s Law

Lord Khan of Burnley Excerpts

Tuesday 22nd October 2024 Lords Chamber

[Baroness Penn (Con)]

My Lords, on behalf of my noble friend Lady Scott of Bybrook, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, first, I pay tribute to the noble Baroness, Lady Scott, for her tireless work under the previous Government in introducing the enabling powers for Awaab’s law through the Social Housing (Regulation) Act. I also pay tribute to Awaab Ishak and his parents, and the family’s efforts in campaigning for Awaab’s law. Their constructive work with the Government on this crucial policy deserves this place’s thanks and recognition. The Government will introduce Awaab’s law in both the social and private rented sector. This will support tenants to secure faster repairs, reducing health and safety risks. We will bring forward secondary legislation for Awaab’s law in the social rented sector in autumn.

[Baroness Penn (Con)]

My Lords, I understand that the Government have extended the timeline for implementing the secondary legislation that will set the standards that social landlords must comply with under Awaab’s law in order to also set out the rules that private landlords must comply with under the Renters’ Rights Bill. However, given that winter is approaching, bringing colder and damper days and nights, will the Minister commit to a more urgent timeline to ensure that no other child dies because of inhumane housing conditions?

[Lord Khan of Burnley (Lab)]

The consultation received over 1,000 responses. It is important that we consider these responses in full before confirming the requirements of Awaab’s law. We intend to publish the Government’s response to the consultation and lay the statutory instrument for Awaab’s law in Parliament this autumn. Alongside it, the Renters’ Rights Bill will ensure that we have similar legislation for the private rented sector. The noble Baroness is right that we want to get this done as fast as possible. No one should ever have to lose a child because of the condition of their home. No one should have to suffer appalling living conditions. Nor should anyone feel powerless in the face of landlords who will not listen to them or who make them feel like they are the problem when they ask for help.

[Lord Bird (CB)]

Do the Government agree with me that one of the problems we have now is that many social housing associations are behaving like private landlords? Many of the problems that happen for tenants, including mould, are happening in the public housing sector. Maybe we need to think again about whether we need more council houses and fewer housing associations.

[Lord Khan of Burnley (Lab)]

On enforcement, seeking redress is important and tenants should challenge their landlords, whether it is a private landlord or the social housing sector. There are important ways to address this through the courts, but there is also the Housing Ombudsman. Tenants can challenge their landlord and if they do not get a satisfactory response, the Housing Ombudsman can address the issue, whether it is in the private or social sector. The noble Lord makes a valid point about the problems being widespread and not just in the private rented sector.

[Baroness Thornhill (LD)]

My Lords, only last week, the Housing Ombudsman said that damp and mould complaints constitute half of all its complaints. It named and shamed 20 social housing providers to which it had served severe maladministration orders. It is clear to me that the sector is already struggling with the timescales involved in Awaab’s law. Can the Minister assure us that all parties are ready for this? Following the comments made about speed, does he agree with me that new legislation is valuable only if it is enforceable? If it will not work, and if the sector is already struggling to make it work, do we not need to listen to the sector for a little longer before extending this legislation to the private rented sector?

[Lord Khan of Burnley (Lab)]

My Lords, we are working with social landlord and tenant groups to consider the practical implications of the proposed requirements to be set through Awaab’s law. The Government’s response to the consultation, which will be published in due course, as well as subsequent regulations, will provide details on how Awaab’s law will work. We will issue guidance for landlords and residents on the new duties to be set by the regulations. The guidance will be published before the regulations come into force, to give landlords time to prepare and for tenants to know their rights.

[Baroness Hazarika (Lab)]

My Lords, does my noble friend the Minister agree with me that Awaab’s law is not just important to our housing policy but absolutely germane to preventing child poverty? A child’s life chances depend on having a home that is clean, safe and habitable.

[Lord Khan of Burnley (Lab)]

I absolutely agree with my noble friend’s excellent and eloquent point. It is for us all to learn lessons from what happened. She talked about the wider societal issues and unfortunate challenges we have to deal with, and I hope that we can work together across government to address them.

[Lord Watts (Lab)]

My Lords, in 1997, the Labour Government inherited damp and cold houses, and they had years to try to fix them. This Government have inherited from the previous Government 13 years of neglect. I welcome the measures that the Government are taking. Can the Minister introduce them as quickly as possible?

[Lord Khan of Burnley (Lab)]

I note my noble friend’s point. There is a challenge ahead. There is a different set of economic circumstances in 2024 than there was in 1997, but we are equally focused to ensure that we can tackle this scourge in both the private and social rented sectors. We will work hard to ensure that, after the responses to the consultation, we can move on swiftly—which was the premise of the Question tabled by the noble Baroness, Lady Scott.

[Baroness Redfern (Con)]

My Lords, what extra resources will be made to local authorities to provide stronger investigatory powers and, ultimately, to deliver swift enforcement action?

[Lord Khan of Burnley (Lab)]

The consultation on Awaab’s law in the social rented sector invited views on the costs of the policy. The department has considered those views and will publish an updated impact assessment alongside the government response to the consultation. As we set out in our manifesto, we recognise that councils and housing associations need support to build their capacity and make a greater contribution to an affordable housing supply. We will set out our plans at the next fiscal event, to give councils and housing associations the rent stability they need to borrow and to invest in both new and existing homes.

[Lord Best (CB)]

My Lords, the Government are right to bring some pressure to bear on the housing associations and councils to get their properties up to scratch; it is essential if we are to prevent any more incidents like the death of poor little Awaab Ishak in his damp, cold and mouldy home. But those housing associations and councils need income to keep their stock in good nick, and that means not having reductions, caps and constraints on the rental income that they receive. Can the Government assure us that rents will be allowed to rise in line with costs and not be the subject of the constraints which have kept the income down and therefore the level of repairs and major improvements at a level that is unacceptable?

[Lord Khan of Burnley (Lab)]

I thank the noble Lord for his question and pay tribute to the excellent work he has done in this area for a number of years. To reassure him, as proposed in the consultation, Awaab’s law includes a provision for social landlords to defend themselves against legal action if they have taken all reasonable steps to comply with requirements but it has not been possible for reasons beyond their control. There is no plan by the Government to have any rent controls.

[Baroness Altmann (Non-Afl)]

My Lords, my heart goes out to the parents of Awaab Ishak and anyone whose children are living in those kinds of unacceptable conditions. Can I press the Minister on a timetable? The consultation on the social housing aspect was in January of this year. We are some months down the line, with no apparent date for the regulations. Would there not be merit in at least introducing this for social housing now, and maybe getting some of these homes updated urgently, while the Government rightly work out how to extend it to private landlords as well?

[Lord Khan of Burnley (Lab)]

I note the point made by the Baroness, Lady Altmann, about timing. As I said at the start, we intend to publish the Government’s response to the consultation and lay the statutory instrument for Awaab’s law before Parliament this autumn. In relation to the private rented sector, which the noble Baroness, Lady Penn, also talked about, the provision will be brought forward in the Renters’ Rights Bill, subject to consultation. On implementation, we continue to work with the sector on this and will confirm the commencement date for requirements when we introduce the regulations and publish the Government’s response.