Homes (Fitness for Human Habitation) Bill

Lord Shipley Excerpts

2nd reading (Hansard): House of Lords
Friday 23rd November 2018 Lords Chamber

[Lord Shipley (LD)]

My Lords, I remind the House that I am a vice-president of the Local Government Association. This has been a helpful debate. I noted very carefully the comments of the noble Baroness, Lady Gardner of Parkes, and no doubt the Minister will respond to them. The problem is that the English Housing Survey, which was two years ago, found that one-fifth of the homes in this country fail to meet the decent homes standard, which I regard as very serious. As we know, category 1 hazards are growing and enforcement activities by local authorities are falling.

There is a very serious problem here, and I am delighted that the Bill has cross-party support and, crucially, very strong support from the Government. We have heard the list of all the organisations that support it externally, and it is a tribute to the mover of the Bill in the House of Commons, Karen Buck MP, and to the noble Lord, Lord Best, in this House that it has attracted such a degree of unanimity. That is a rare event in Parliament and a clear demonstration that this is a problem that needs a solution. We on these Benches, as noble Lords have heard, commend the Bill.

A few years ago I had the privilege of leading Newcastle City Council and one of my aims was to ensure that the decent homes standard was reached in the 30,000 or so homes for which the council had responsibility. It was vital that we achieved that and we did. However, I also recall at the time not understanding why a tenant in the private rented sector could ask the council to take enforcement action against their landlord but a tenant of the council had no right to seek enforcement by one department of the council against another. Crucially, this Bill puts that omission right.

My noble friend Lord Tope reminded us about electrical safety issues, and I look forward to hearing the Minister’s response to the specific points that he raised. I will just add that we should always remember that the Grenfell fire began through an electrical fault, so the questions asked by my noble friend Lady Grender about the problems raised by Grenfell residents and the points raised by my noble friend Lord Tope about the need for better electrical safety checks are very pertinent. To be specific, can the Minister tell us, first, whether the social rented sector will have the same statutory application that is planned for the private rented sector and, secondly, when the parliamentary time is likely to be secured to pass the legislation that the Government have promised? In particular, I would like to know whether the Government will prevent a landlord renting a property where there is no record of an electrical safety check. This matters greatly.

I do not seek to repeat all that has been said in this debate, which has been compelling, but I want to raise two or three other issues that have not been covered so far. One relates to how tenants can represent themselves in court. The Parliamentary Under-Secretary at the Ministry of Housing, Communities and Local Government has said that guidance will be produced on how tenants can represent themselves in court—but, given the cuts in legal aid, a great deal of thought needs to be given to how this will work.

Reference has been made to legal aid. It would help enormously if it could be restored for cases involving the disrepair and unfitness of properties, but I also wonder whether the Government might look carefully at expanding systems of advocacy. The councils for voluntary service, certainly in my area, support advocacy systems, and I would like to think that systems might be made available to simplify the process for tenants. They need to be briefed properly on their rights as tenants but they also need to have the confidence to take forward any problems they have. Therefore, the way in which tenants represent themselves will become an increasingly important issue.

There seems to be a problem with security of tenure in that, if a tenant makes a complaint, action must have been required by the local authority. It must have inspected the premises and served a notice on the landlord to protect the tenant’s security of tenure. I hope that the Government will look very carefully at how they can ensure that, if the local authority is not involved in the process, a tenant is protected.

In conclusion, let us re-emphasise that we are dealing with a small minority of landlords. As the Minister in the other place, Heather Wheeler, said, with this Bill the Government plan to disrupt their business model. The Bill provides a critical opportunity to achieve better enforcement and higher standards. It enables tenants to be empowered to take action directly, bypassing the local authority if they wish to, and leaving local authorities better able to concentrate on the worst cases. It is extraordinary that tenants today do not have an automatic right to live in a home fit for human habitation. With this Bill, they will have that right.