(6 years, 3 months ago)
Grand CommitteeMy Lords I remind the Committee that I am a vice president of the Local Government Association. The regulations have my entire support. This is a very welcome change. I have one question for the Minister, which I have raised on previous regulations. It takes a very long time to effect change—it is three years since the initial consultation took place in May 2015—and I wonder whether things might be speeded up a bit. We have to consult carefully on the regulation to get the right outcome, nevertheless it does seem to take a very long time.
It has to be right that local authorities can regulate the minimum size of rooms that may be occupied as sleeping accommodation. It has to be right that the local housing authority can specify the maximum number of persons who may occupy a specified room for the purpose of sleeping accommodation in that licenced HMO. It has to be right that local authorities can make schemes in respect of refuse storage and disposal that a landlord would have to implement. In all those respects this regulation has to be right.
There was a time when the definition of HMOs was adequate. They were of three or more storeys and were occupied by five or more persons forming two or more households. That was for many years a standard definition that stood the test of time. The difficulty now is, as the Minister said, that the private sector has grown to the point where it represents one in five household tenures in the UK, and standards have slipped. We have HMOs which, as the Explanatory Memorandum makes clear, are under the radar, and something has to be done about that.
I understand that there has been some debate about a reasonable minimum size for sleeping accommodation. As the Minister made clear, 6.51 square metres for one person over the age of 10 is a minimum size, not necessarily a desirable size. Indeed, it is actually very small. If you calculate that in your own mind, it is not very big at all. I understand that there are some residential landlords who would like all the accommodation in an HMO, which might include communal accommodation, to be calculated as part of the minimum amount. It seems to me that sleeping accommodation, which is the private space of an individual in an HMO, has to be of a reasonable size for someone to do things other than just sleeping. Therefore, I find 6.51 square metres small. I do not think it reasonable to say that we should include communal accommodation and reduce the amount that is required under the law for sleeping accommodation.
With reference to paragraph 7.9 of the Explanatory Memorandum, I wonder whether the period of 18 months’ grace is too long. For a while, I felt that once this has been approved, giving landlords a year, or perhaps nine months, would be adequate. Given the fact that it may prove complicated for local authorities to identify, investigate and agree with landlords what will happen, a period of 18 months is probably justified. When he replies, can the Minister explain the basis for the 18-month period as opposed to any other?
These regulations are very welcome. They help us to solve a problem. Where standards in the private rented sector are declining, they give local authorities powers to act to protect the interests of tenants. They should therefore be commended.
My Lords, these are important regulations before the Grand Committee. I, too, declare my interest as a vice-president of the Local Government Association.
I do not know whether any noble Lords here have ever lived in an HMO. I certainly have not. My honourable friend in the other place, Melanie Onn, and I were work colleagues in the Labour Party; she lived in an HMO as a young homeless person and she will tell you what conditions were like there. She has some knowledge about this. These regulations are important and I am very happy to support them; they certainly go in the right direction, but there is a lot more to do.
I have also been out in Newham on a number of housing raids. Of course, Newham has a licensing scheme, but the standard of accommodation some people are expected to live in is absolutely shocking. The regulations are a step in the right direction, but we must never lose sight of the poor accommodation that we have and expect some people to live in. I support improved rights and protections for renters; the regulations will go some way to improving the rights of some of the most poor and vulnerable people in our communities.
We have had discussion of the national minimum room standards. As the noble Lord, Lord Shipley, said, the room allocated to someone in an HMO is not just a bedroom. Other than the shared bathroom and kitchen, you need a bit more space to put a bed and a wardrobe in. This must be taken into account when concluding that the proposed minimum standard for a single occupier should be 6.51 square metres or 10.22 square metres for two people. Those sizes will be further compromised if young children are there as well.
Some local authorities may seek to provide larger minimum space standards in their licensing schemes, which is good. However, we need to consider carefully that these rooms are not just bedrooms. They are your bedroom and living room. They are the room where you put all your property. Everything you have in life goes into this one room. I certainly think that we have to look carefully at size there.
The Minister mentioned fines for letting out rooms that are smaller than the minimum, which is good. However, we must make the point that we can have all the regulations we like, but it becomes an issue when we cannot enforce them. The other issue with HMOs, particularly when they are very small or even illegally let, is the danger of overcrowding and overcluttering, which creates a fire risk and other problems that people get into in insufficient spaces.
Ultimately, we need to think also about issues such as the impact on mental health. You have to remember that people are letting one room and are sharing the building with people they do not know. Often, they will lock the door to their room at night, and that is not a great way to live your life. These are some of the most vulnerable people and there are real issues here, in particular for their mental health.
That leads on to the wider problem of a housing market in crisis, which we have talked about many times in this House and elsewhere. The standard and quality of some of the accommodation that people live in is shocking and we need to do much more about that.
I have to mention the dreaded Housing and Planning Act 2016, which offered little respite to people in this housing crisis. We need always to be on top of this. I support the regulations because they are a move forward, and I thank the Government for that, but we need to do much more. I am not sure if the Minister has been out to look at the situation, but I can recommend that he do so with Newham Council. He would find it shocking—I was last out with the council in February. For people to be living like that in HMOs in 2018, in one of the richest countries in the world and one of the richest cities in the world, is truly unbelievable. I am very happy to support the regulations before us today.
(6 years, 4 months ago)
Lords ChamberMy Lords, first, I draw the attention of the House to my relevant interests in the register: namely that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I am moving this Motion in relation to a regulation under the dreaded Housing and Planning Act 2016, a fine example of how to legislate in haste and repent at leisure, a generally dreadful piece of legislation with little or no thought given to its consequences, with a number its of provisions either dropped or quietly forgotten about and never mentioned again.
One of the more promising parts of the legislation was the rogue landlords and property agents database, but even here the Government got it wrong, as I state in my regret Motion, as they do not allow tenants or anyone else other than the Government or local authorities access to it. So it is a good idea and a good initiative but, through the action of the Government, it is failing tenants—failing to help them to make informed choices and to protect themselves. This is important, as the housing market is changing before our eyes. The number of people in the social rented sector has fallen, as has the number owning their own homes. Some 4.7 million households in England currently rent privately—about 20% of all households. This includes a large number of young and single people but also includes a number of families.
The vast majority of private landlords and property agents are good and act responsibly. They, and the bodies that represent them, are as keen as anybody else to deal with the rogues who abuse their tenants. There is support in the industry for this database to be available much more widely. David Cox, the chief executive of the Association of Residential Letting Agents, said:
“We have campaigned for the Government’s database of banned letting agents to be publicly available as with no public access to the database, how will landlords or tenants know if they are using a banned agent?”
I think David Cox is absolutely right. How will you know if you cannot have access to this secret list? Carrie Kus, director of the Residential Landlords Association, said:
“We all want to see criminal landlords rooted out of the rental market altogether. Any measure … which helps tenants to distinguish between the majority of law-abiding and decent landlords and those landlords who bring the sector into disrepute is to be welcomed”.
I agree with her, but it is a shame that this regulation will not help tenants to make that choice as they are prevented from having access to the secret list.
We all want both tenants and landlords to operate within a set of rules where a clean, safe, dry property, which meets all its obligations under the law, is offered for rent and where tenants accordingly pay the rent due to the landlord. The rogue landlords and property agents database deals with the small number of landlords and property agents who flout their obligations and the rules, and who rent out substandard accommodation, often to vulnerable tenants. This is accepted in paragraph 7.1 on page 2 of the Explanatory Memorandum that accompanies these regulations. The memorandum goes on to say that the Government are,
“determined to crack down on these landlords and disrupt their business model”.
I respectfully suggest to the noble Lord, Lord Bourne of Aberystwyth, that disrupting their business model would be a lot easier to achieve if their customers knew they were on this list. However, this database is secret and only to be accessed by the Government and local authorities.
Who are we protecting with this inadequate regulation? These could be landlords who have been convicted of certain offences, or made the subject of banning orders for matters such as illegally evicting and harassing tenants; using violence to enter a property; failing to comply with improvement notices; failing to adhere to houses in multiple occupation regulations; failing to adhere to an overcrowding notice; providing false or misleading information; or other similar offences. I was interested to read the letter from the noble Lord, Lord Bourne of Aberystwyth, to all Members of this House on 6 April 2018. It gives some useful information, but for me the most interesting paragraph was the last but one and I will read part of it. It says:
“Currently, the legislation does not allow for information on the database to be shared more widely. However, I am strongly committed to supporting tenant choice and my department is exploring a range of options to make the information on the database publicly available. This would enable prospective tenants and others to check whether a landlord or agent has been subject to enforcement action. This may require primary legislation. In the meantime, we are encouraging local authorities to publish information drawn from their own records about landlords and property agents who have been banned, convicted of relevant criminal offences, or have received a civil penalty. We have also encouraged them to make this information available to tenants who request it”.
I suppose that is progress of a sort but it is a mess. Tenants are prevented in law from having access to this database but we encourage local authorities to publish a separate list about such landlords and property agents. It is a real dog’s breakfast and I can see local authorities being very wary of doing that unless they have a specific instruction to do so. It could have been so different. My noble friends Lord Beecham and Lady Hollis of Heigham, the noble Lords, Lord Best, Lord Kerslake and Lord Shipley, the noble Baronesses, Lady Grender and Lady Bakewell of Hardington Mandeville, and many other noble Lords will recall the debates in January, February, March and April 2016. The Government were not listening and there were late night sittings. On 11 April 2016, the noble Baroness, Lady Bakewell, moved an amendment to allow tenants access to this information. I also spoke in support but in her response, the noble Baroness, Lady Evans of Bowes Park—who is now the Leader of the House—said:
“Indeed, allowing such access to the database would arguably breach the landlord’s human rights by making sensitive personal information about their convictions publicly available and effectively banning them from operating without an independent tribunal determining whether they should be banned”.—[Official Report, 11/4/16; col. 82.]
This line of defence was revised when this House gave a Second Reading to the Renters’ Rights Bill, introduced by the noble Baroness, Lady Grender. It proposed, among other things, the right for tenants to have access to the database of rogue landlords and property agents. On 10 June 2016, in response to the debate, the noble Viscount, Lord Younger of Leckie, said:
“Giving tenants or potential tenants access to the database might be fine if the purpose of the database was to blacklist landlords and drive them out of business. However, that is not the purpose of the database. Where a landlord should not be in business, the local authority should apply for a banning order”.—[Official Report, 10/6/16; col. 985.]
Taking the letter written by the noble Lord, Lord Bourne; the comments of the noble Baroness, Lady Evans of Bowes Park, on 11 April 2016 when the Bill was going through Parliament; and the comments of the noble Viscount, Lord Younger of Leckie, on 10 June 2016, responding to an attempt to make this database public, it is not unreasonable to suggest that the Government are in a complete mess on this issue with contradictory positions: it is as clear as mud. I can see local authorities being very wary and wanting more clarity on the issues before publishing anything.
I have a number of questions for the noble Lord. Is he aware that the Private Rented Sector Partnership Board, which comprises the Association of Residential Letting Agents, Countrywide, the National Landlords Association, the Nationwide Building Society, the Nationwide Foundation and Shelter, believes that organisations and businesses operating in the private rented sector should have access to the Government’s rogue landlord and lettings agent database? Does he accept that, from what I have highlighted from his letter, and the comments of the noble Baroness, Lady Evans of Bowes Park, and the noble Viscount, Lord Younger of Leckie, that the Government need to get their act together and provide clarity on the situation? Will his department be following up his letter to Members of this House with a letter to all local authority leaders and chief executives, making it clear that local authorities can publish information on rogue landlords and letting agents drawn from their own information and that the Government are encouraging them to do just that? What discussions have the Government had with tenants’ bodies and tenant advice organisations about how they could use the database to help local authorities identify rogue landlords and target their enforcement work?
In conclusion, I hope I have highlighted that the situation we find ourselves in is far from ideal and that it would be right for the House to express its regret. I beg to move.
My Lords, I remind the House that I am a vice-president of the Local Government Association. I support the intentions of the Motion in the name of the noble Lord, Lord Kennedy. I am grateful to the Minister for his letter of 6 April in which he updated us on the introduction of a database of rogue landlords and property agents, together with the powers being introduced to enable serious and prolific offenders to be banned from operating. I welcome these steps. They are proportionate, legitimate and in the public interest.
However, these changes have taken a while—indeed too long—to reach this stage and I remain concerned that the support from these Benches for an open register of rogue landlords has yet to bear fruit. The letter from the Minister says specifically that his department is,
“exploring a range of options to make the information on the database publicly available”.
Can he tell us what that range of options is, the nature of the consultation and when the exploration will become a decision? I also noted doubt in the Minister’s letter as to whether primary legislation was required. The noble Lord, Lord Kennedy, mentioned this; I am surprised that it is not already known. Could the Minister clarify why the department is not clear on this matter? It seems a straightforward issue to give a clear answer on.
The Government are to give local authorities the right to publish information drawn from their own records about banned or convicted landlords or property agents and those who have received a civil penalty. But the nature of that publication is not clear. It seems it can be made available to individual tenants—and presumably, therefore, to prospective tenants, although that is not actually stated. I will give the Minister an example of a problem that might well arise in the functioning of this scheme. A prospective tenant wishes to know from the local authority in which their tenancy will be held whether the landlord is a rogue landlord. It is possible that the landlord is not a rogue landlord in that local authority, but it is equally possible that they are a rogue landlord in a neighbouring authority for the reason that a landlord may own properties in more than one local authority. Will that status in a neighbouring local authority be made available to the prospective tenant and will the local authority be permitted to add to its own register and publish details of those rogue landlords who reside in another area? Or will a rogue landlord in one local authority automatically become a rogue landlord in every other local authority in the country?
The Government have an improving record in some areas of private tenant protection. I cite as an example proposals on client protection moneys and progress in the proposal to ban letting fees. However, it is extraordinarily slow, and I have not understood why. However, mandatory electrical safety checks need to be done, and nothing seems to be happening there. Despite the progress being made, rogue landlords remain a big issue. After a great deal of thought I have concluded that, to be effective, a register has to be transparent and open but it also needs to be correct. For that reason, all local authorities need to follow the same clear procedures. What is stopping the Government proceeding on that basis, creating an open register that is publicly available? That seems the only way to protect tenants and prospective tenants.
Many good landlords fully understand the importance of high standards. As the noble Lord, Lord Kennedy of Southwark, pointed out, there is huge support among residential landlords for effective policies which deliver solutions in protecting tenants to be delivered. However, although some of the improvements the Government have made are welcome, much more needs to be done to ensure that prospective tenants and tenants are properly protected.
My Lords, I support the principle behind this Motion, but the issue is wider than this. The Government are extraordinarily reluctant to have dealings with local authorities. I declare my interest in the register as a landlord of two flats in a block which is absolutely under threat from holiday lets, and the local authority can do nothing because powers have been taken away from it. There is some reluctance to give power back to local authorities. They need it; they are the people who are closest on the ground. They were able to charge a fee for registration, and, under that, they were able then to check whether your property was correctly detailed as regards the certificates referred to by the noble Lord, Lord Shipley—the gas and electricity certificates and others that are required. For some reason, the Government just do not want to do this. I do not know why, when it is having such a disastrous effect on so many parts of the country.
No one wants to see things going wrong for people who are good landlords. But, when I was helping in the case of a homeless person earlier this year, I am sure that I told your Lordships’ House at the time how people were willing to offer her accommodation in houses of multiple occupation, provided she never told anyone she was there—because they were illegal and were not registered. Indeed, she was evicted because she had had the police in because her things were being stolen, and immediately the landlord had threatened her physically and she had to get out in a hurry—the police said, “You’re at risk there”.
She was then homeless and had to go wherever she could. She went to hostels, where sometimes at night she would be in such a bad way that the doctor would say, “All those marks you’ve got on you are from bed bugs. You mustn’t go back there again”. It really is a most disastrous situation for so many people. When local authorities were able to charge a fee for you to register, it just about covered their expenses in carrying out any necessary checks. Philip Hammond has announced that he wants people to pay tax on these illegal rents—and of course they should, because it is totally disproportionate for someone to collect in some cases a heap of money for an ill-used and unprepared place.
The whole principle has to be much wider. Although I welcome what the noble Lord, Lord Kennedy, said, I would not support him at this stage because I hope for much more. It is time the Government woke up to the fact that they have wonderful people available in local authorities. Some local authorities also work together, which again could cover the point made by the noble Lord, Lord Shipley, about the adjoining or some other local authority. So the structure is there; it is just that the Government are for some reason reluctant to adopt it. I support the principle behind the Motion.
(6 years, 5 months ago)
Lords ChamberMy Lords, first, I take issue with the noble Lord on the figures. The latest figures, from September 2017, show that 14,736 new houses were built under the three-year rolling figures that we have. With anything that is not sold—where there are proceeds, of course—by local authorities, the relevant part of the money goes towards affordable housing programmes. I therefore take issue with that point. As the first Answer indicates, I agree that there is definitely an issue to address in social housing. That is why we are making the £1 billion additional money available on borrowing and why we have announced £2 billion more for affordable and social housing.
My Lords, I wonder whether the Minister is aware that the Canadian Government have defined adequate housing as a human right. Does the Minister think, as I do, that that is an extremely good idea? Might the UK Government think of defining adequate housing as a human right?
My Lords, I am very interested to hear that. I was not aware of it. I think the most important thing is that we address what is definitely a massive issue for people. Clearly, people need to have an appropriate home and we are seeking to do that. From the latest figures, I think we have built more in the past year than in any year for the past 20 years. However, there is, as noble Lords are aware—and as I have said more than once, even today—a considerable issue in addressing the shortfall in housing in our country.
(6 years, 5 months ago)
Lords ChamberI thank the noble Lord, Lord Dholakia. He has indeed already raised this issue. Once again, I can well understand what is prompting him to do so, and it is an issue that concerns the Government. As I indicated, we are still in the process of identifying blocks that fall into this category, partly because of issues about where ownership is held. That said, my right honourable friend the Secretary of State is very keen to hold this round table to look at the range of issues and options that apply here, because we do recognise, as the noble Lord has indicated, that this needs addressing. If I have further information on this, or about the timescale, I will certainly include it in the letter that I will write.
My Lords, I remind the House of my registered interests. I would like to ask the Minister to clarify the number of permanent homes that there shortly will be. I remind the Minister that, on 14 December 2017 in this Chamber, the noble Lord, Lord Young of Cookham, said:
“The Royal Borough of Kensington and Chelsea is doing intensive work alongside the families, finding out what accommodation they need and where they need it, and seeking to match that with the 300 houses that it is acquiring. I very much hope that by June everybody will have been offered and accepted permanent accommodation”.—[Official Report, 14/12/17; col. 1669.]
It is now three months on since that Statement, and the end of June is three months on from now. I am very concerned about numbers being published which are open to question. I would like the Minister to clarify this: I think, but seek clarification, that the 300 homes referred to in this ministerial Statement are the same 300 homes that were said to be being assembled by the Royal Borough of Kensington and Chelsea in December. Only 62 households have been permanently rehoused as of today, and a large number are waiting to be permanently rehoused. What is not clear is how many of the 300 mentioned in this Statement are permanent, and how many are only available for a temporary tenure.
I thank the noble Lord, Lord Shipley, very much for those particular points. I think I heard the first question, but I think there was a sneeze in the Chamber, which happened at a strategic point. I think he was asking about the number of people housed in permanent homes at the moment?
To clarify, it was explained by the Minister in December, but not by the noble Lord, Lord Bourne, that there was an expectation that all 300 families—all those who needed a permanent home—would have a permanent home by the end of June. I think that the 300 homes talked about in this Statement are the same 300 homes that we had in December. I do not know, because the Statement does not tell us, how many of those 300 in today’s Statement are actually available for permanent tenure. If they are not all available for permanent tenure, it implies that many are going to have to wait for many months to come to secure permanent accommodation.
I am grateful to the noble Lord and see the point that he is making. I think the reference in the Statement, though I do not have the relevant figure to hand, is over 300. I think it is the same 300. I think there are certainly more than enough permanent homes to house all the households, which are, I think, 204 as we stand. There are still splitting of households, which might send it up to 210. I will confirm that in the letter, if I may. I think that is the case.
I take the more general point which was made previously by the noble Lord, Lord Kennedy, about providing more clarity in the way we set out the figures. The figures are here, but perhaps not as well set out as they could be. The aim is certainly to ensure that these homes are taken up on a permanent basis. I do once again confirm that the vast majority of people have had offers made to them. We can make offers, but we cannot command people to accept them and nor have we ever sought to do so. It has generally been supported in the House that we cannot require people to accept them. Of course, we can try to ensure—this is a point that the task force made in the second report—that there is more personalised consideration of people’s particular needs and wants, and that is something that I hope we are able to pick up, so that we can match people’s needs with a particular property. But there are still people—I do not want to overstate it—who do not yet want to engage with the discussion because of the trauma associated with moving, even out of emergency accommodation where some of them are quite familiar. That may be something that we do not think is objectively desirable, but we have to be sensitive to their feelings.
(6 years, 5 months ago)
Grand CommitteeMy Lords, these regulations were laid before this House on 7 February 2018. In the Housing and Planning Act 2016, we introduced a special administration regime for the social housing sector. In introducing these changes, we were responding to concerns that the existing moratorium provisions are not suitable for modern, large, developing and complex housing associations that might get into financial difficulty.
The provisions in the Act applied only to housing associations that were companies. We were unable to include registered societies and charitable incorporated organisations in the Act, due to the timing and the complexity of drafting required. Therefore, the Act included provision to make regulations to extend the housing administration regime to these forms of housing associations, thus covering all the different forms of housing association. These are the draft regulations that we are considering today. I also draw your Lordships’ attention to the fact that there will need to be another piece of legislation enacted before the housing administration regime can be commenced. This will be a statutory instrument setting out the rules that apply to the administrator’s conduct of a housing association. They will follow the negative procedure and cannot be introduced until we have passed this legislation.
Turning to the purpose of this legislation, the regulations before your Lordships are quite technical, but, as I said, they extend the housing administration regime set out in the Act to housing associations that are registered societies or charitable incorporated organisations. Under the law at the moment, where a housing association gets into financial difficulty and steps are taken towards it entering a formal insolvency procedure, a 28-day moratorium begins, which restricts creditors’ ability to enforce their security during this timeframe. If the regulator cannot reach a solution with creditors within the 28-day period or any agreed extension, creditors are able to call in loans and seek to recover debts through a sale of assets including social housing stock. This could potentially lead to a fire sale of social housing, meaning that the stock would no longer be regulated and tenants would lose the protections of the social sector, including rent regulation.
This process was considered to be inadequate when dealing with modern, large, developing and complex housing associations with tens of thousands of properties in their ownership. There are almost 1,500 private registered providers of social housing in England, providing some 2.6 million homes to those in housing need. Although financial failure within any housing association is extremely rare, the housing association sector has changed significantly in recent years. The level of private finance has grown from £48 billion in 2012 to £70 billion in 2017, for example. Therefore, in the event of a private registered provider becoming at risk of entering insolvency proceedings, the Act gives the Secretary of State—or the Regulator of Social Housing, with the Secretary of State’s consent—power to apply to the court to appoint a housing administrator. The administrator would manage the affairs, business and property of the registered provider of social housing for the duration of the housing administration.
As with any administration regime, the main objective would be to rescue the organisation or return money to creditors—or, indeed, both. The crucial difference is that a housing administrator would also have a secondary objective: to retain as much of the social housing as possible within the regulated sector. In addition, a housing administrator would not be constrained by a 28-day timeframe and would have the time to investigate the business and find the best solution possible to meet these objectives.
These regulations extend the housing administration framework in the Act to registered societies and charitable incorporated organisations. As I have mentioned, there are some 1,500 housing associations. About 400 of those are companies; the remainder, some 1,100, are registered societies or charitable incorporated organisations. The regulations apply certain provisions of the Insolvency Act 1986, with necessary modifications, to registered societies and charitable incorporated organisations.
We carried out informal consultation with representatives from insolvency practitioners, valuers, UK finance, and private registered providers and main lenders prior to the introduction of the Housing and Planning Act 2016, and again before laying these regulations. This group represented the organisations that have the main interest in housing administration, and they are keen to have this regime in place. A fuller public consultation was not carried out due to the extremely technical nature of the regulations and because the process of housing administration will be required only in the event of a housing association facing insolvency, which experience has shown to be extremely rare.
These regulations apply to the whole of the United Kingdom. We want the regime to cover social housing stock in England, including any such stock held by housing associations registered with the social housing regulator for England but which are, as legal entities, registered in devolved Administrations. I commend these regulations to the Committee.
My Lords, I remind the Committee that I am a vice-president of the Local Government Association. It is important to support the regulations because it is in the interests of tenants that we should. It is also in the public interest that we should protect the Government’s investment in social housing within the regulated sector. As the Regulator of Social Housing has pointed out, its powers may not be strong enough if one of the bigger private registered providers gets into trouble financially. There has to be a robust mechanism for the handling of financial failure. I accept that the sale of houses that is not done to an agreed, coherent plan could impact negatively on the rights of social tenants, not least on the level of their rents. We need to protect them.
However, now that housing associations are in the private sector and there is, as the Minister reminded us, a higher level of debt finance than there used to be, I return to an issue arising from four Written Questions on the governance of housing associations, which the Minister answered on 20 February. They were about, first, whether the Government would be prepared to take steps to require Homes England to maintain a formal, publicly available register of directors of regulated housing associations; secondly, whether Homes England could be required to publish clear governance standards for housing associations to enforce strong independent director representation and responsibilities, in line with those applying to public companies; thirdly, whether the Government would take steps to require all housing associations to publish details of director attendance at meetings in their annual reports; and fourthly, whether the Government will require annual returns to be made available to the public free of charge, showing the levels of board remuneration of housing associations.
Various statements were made in the rewritten reply. I understand why they were, but two lines struck me as particularly important:
“The Secretary of State is not able to direct the Regulator on the governance arrangements of housing associations, and the Regulator has no plans to change the current approach”.
I ask the Minister a very specific question in the context of these regulations. If a housing association becomes insolvent and there are found to be problems in its governance that led to the insolvency, does that mean that the regulator may be found partly responsible for the insolvency of that housing association, because, as the Minister’s reply said, it has no plans to change the current approach? We need to be clear about the governance responsibilities of housing associations and of the regulator. Problems almost certainly will not arise but if they do, we need to be clear that a housing association—a regulated provider—has done everything it ought to have done about the openness of its governance structure.
My Lords, may I just ask the Minister a question? The housing association in my area took control of all the council housing that had belonged to and was controlled by local government some years ago.
(6 years, 5 months ago)
Lords ChamberMy Lords, I thank the noble Lord for repeating the Statement delivered earlier in the other place. I refer the House to my relevant interests as a local councillor and a vice-president of the Local Government Association.
I appreciate the Government updating the House, but it is important that when we have these Statements on Grenfell we always recognise not only the terrible suffering that took place but the wonderful efforts of all the emergency services, both on the night itself and afterwards, and the support from the local community, faith groups and charities, which have carried on working since that night to help rebuild that community. We should pay tribute to them all every time we have these Statements—we owe them so much for the work that they have done.
The noble Lord is right: we are nine months on from that dreadful tragedy and it must never be allowed to happen again. We must make sure that we do everything we can to ensure that that is a reality. It is very worrying, therefore, to find out that a door which it was suggested would survive for 30 minutes failed in less than half that time. These doors are supposed to give people time while they wait for the authorities to come and rescue them. To find out that it failed in half the time is very worrying indeed. It exposes serious problems with the door itself and raises questions, which I know Dame Judith is looking at in her review, on the health and safety regulations that are designed to keep people safe, but which have failed here.
It is good that we no longer hear the “red tape” nonsense that we did in the past. Clearly, this is not about red tape: it is about keeping people alive and saving lives. It is important that we do not hear such comments ever again. It is troubling for many people that these doors failed. The Government need to ensure that we move at a quicker pace to get all these matters dealt with and resolved quickly. People are concerned about this and it is always in their minds.
The Metropolitan Police investigation is a separate matter. As the Minister said, they need time and space to investigate and deal with the matters properly and to bring them to a conclusion.
I have a number of questions for the Minister which I hope he will be able to answer today. If he cannot I know that he will write to me and other Members of the House and cover both the points he made and wider points. Can he explain why, nine months on from the fire, we still do not know how many private tower blocks are covered in cladding similar to that used in Grenfell Tower? I do not know whether the House is aware of the figure, but I am not. I believe up to 41 local authorities have contacted the department in regard to fire safety works. How many have funding from the department for this work? I think it may be none or very few.
I am conscious that soon after the fire the Prime Minister fixed a deadline of three weeks for everyone who was affected to be found a home nearby. We are now nine months on and I would be grateful if the Minister could tell the House how many families have been found a permanent place. The last time we debated this he told us that it was 60 out of the 208 households but it would help if he can give updated figures on how many have been found a permanent place and the numbers in temporary accommodation. Again, we need to get these matters resolved as soon as possible.
I am pleased that the noble Lord said that we will be updated as testing goes on—it is important that, as other issues come to light, we update people—but, in relation to these doors and other matters, what is the process for alerting local authorities and the manufacturers? I know the name of the door, but how many of them are there elsewhere? People need to know this and that they have failed. I know the Minister said that there is a low risk—but there is still a risk—and that most fires are contained within the place where they start. However, the fire was not contained where it started in Grenfell Tower and people are worried. Can the Minister tell the House what the Government do to alert manufacturers and other private companies in order to protect people in the future? I will leave it there and I look forward to the Minister’s responses.
My Lords, I remind the House that I am vice-president of the Local Government Association. I share the concerns of the noble Lord, Lord Kennedy, and the tribute he paid to all those affected by the Grenfell tragedy.
I refer the Minister to paragraph 10 of the Statement in which it is said that there is no change to the fire safety advice that the public should follow. Does that mean that the stay-put policy for tenants in high-rise blocks is seen to be the right policy? I suspect that many people who live in high-rise blocks doubt that that should be the case.
Secondly, should the Government insist that fire regulation assessments for every high-rise building are published and made available in an accessible form for the public to read? At present, fire regulation assessments may not necessarily be public documents. If the Government are now going to say that a stay-put policy is appropriate, it follows that fire regulation assessments should be publicly available for the tenants and residents of such blocks.
I was struck by paragraph 14 of the Statement, which states that there is no evidence that this is a systemic issue. In one sense all the evidence suggests that that may be true. It probably is true that the data between 2009 and 2017 shows that fire does not generally spread beyond the room of origin. That may be generally true but, of course, sometimes it is not true and in the case of Grenfell it was not true. There is a huge amount of evidence being collected by all those working to prevent Grenfell happening again and it is pretty clear to me from what I have read in documents published by the Minister’s own department, the latest update being about a fortnight ago, that we need to move much more quickly than the Government seem to be working: there is an issue of public confidence in fire safety regulations and I fear that the Government are too slow in their resolution of some of these problems.
The public want to know whether the Government will enforce compulsory, regular electrical safety checks in high-rise blocks as a matter of policy. My final point is that there is a huge issue arising now about who is going to pay the bill for all the remedial works that are required. There is a huge amount of publicity around private leaseholders, some of whom are likely to have a fee to pay for the fire wardens who are currently in their blocks. More generally, because cladding has been put on to a large number of blocks and is having to be taken off, there is an issue as to who is paying the bill for the private leaseholders. I am not sure that it is sufficient for the Government to say simply that the solution is for private leaseholders to sue the council, the local housing authority or some other party; I fear that it is not.
Finally, the Government have consistently said that they will fund essential and necessary works to high-rise blocks. Will the Minister confirm that that remains their policy?
My Lords, I thank the noble Lords, Lord Kennedy and Lord Shipley, for the points they have raised and for the way in which they raised them. I share their true, undying respect and admiration for all those who, on the night of Grenfell and ever since, have made such a massive contribution in relation to that dreadful disaster. It has been truly awesome and we owe an undying debt to people who have helped in that way. I shall try to deal with some of the points and, in so far as I cannot, I will certainly write to noble Lords and make sure that a copy is placed in the Library.
First, I am not sure about the number of private tower blocks; I will need to write to the noble Lord about the outstanding position there. On funding for local authorities, which was raised by both noble Lords, I can confirm that the Government’s aim—it will be our number one aim and we will ensure it happens—is that nothing will not be done by reason of lack of finance. Safety is the priority. Discussions are ongoing with a number of authorities about the possibility of meeting some costs. I will provide a more detailed update, if I may.
Of the 209 families that we are undertaking to rehouse from Grenfell Tower and Grenfell Walk—noble Lords may remember that it is more than the initial number of households because some are splitting— 184 have found accommodation, some temporary and some permanent. I am not sure of the precise numbers of those who have moved in and those who have not. Another important point to make is that some of those who initially opt for temporary accommodation subsequently decide to go permanent. There is an element of flux between the different categories, and that is perhaps the most significant one. Again, I will provide an update there, if I may.
On the more specific issue in the Statement about fire safety and fire safety advice, the advice that remains unchanged—I say to the noble Lord, Lord Shipley—is to keep fire doors shut to help prevent the spread of fire and smoke. That is central, as is understanding the fire safety advice for your building and, if in doubt, discussing this with your landlord or building owner; it should be advertised. I very much take his point about ensuring that this local assessment is known by people. That is no doubt something that the Dame Judith Hackitt review will be looking at, and of course we will look at that with a degree of urgency as soon as the review reports—the final stage of which is in the spring—because these matters are urgent. I accept what the two noble Lords have said about the importance of that.
Regarding this particular exercise on what happened in the block, I should say first that this was discovered as a result of the Metropolitan Police investigation—because of course there is no access to the site at the moment because it is a crime scene. As soon as we became aware of it, we took the appropriate action to consult the relevant committees, fire chiefs and so on. In consequence of that, my right honourable friend the Secretary of State has said that we need to move this on apace and look at it more widely in the context of fire doors elsewhere. It is a particular batch that is being looked at. There is no indication at the moment that it is wider than that, but we are now moving forward apace to ensure that, in consequence of what the Secretary of State has said, we look at other fire doors to see if it is any wider than that. I think that that is the appropriate thing to do. In the meantime, it is worth stating that this is somewhat different from the cladding. Whereas there was every prospect, at least in some cases, that the cladding could be an accelerant to a fire, here we are talking about something that impedes the fire. The issue in relation to this single door was that it was about half what it should have been; it did not impede it enough. In consequence of that, we are doing the other testing. As this is something that will now move on apace, I would like to write to noble Lords ahead of Easter with an update on this, and of course there is the undertaking from the Secretary of State that he will report back in the other place before the end of Easter. I would expect to repeat that exercise here.
(6 years, 5 months ago)
Lords ChamberMy Lords, from these Benches, I add our thanks to the Minister for being so helpful in the passage of the Bill. It is a better Bill because of the work that was undertaken both in this Chamber and outside it. I thank the Minister for that. The House should pay tribute to the noble Baroness, Lady Lister of Burtersett, for all her hard work in explaining the background to this and thank too those advising her. We should also pay tribute to my noble friend Lady Hamwee for her hard work in pressing on this Bill.
As the Minister knows, it is one thing to enact a Bill. It is another for it to be implemented smoothly. The Minister has paid close attention to the need for adequate training by local housing authorities. He has also paid close attention to the issue that was raised at Report by the noble Lord, Lord Kennedy of Southwark, in relation to GPs charging victims of domestic abuse for the medical evidence that they need to secure a further tenancy. I am hopeful that that matter will be resolved in guidance.
Finally, to recall Second Reading and Committee, this Bill concerns only the public sector. It does not concern housing associations, which are now in the private sector. I hope that the Minister will ensure that housing associations follow the good practice that is now about to occur with the public housing stock.
My Lords, I thank very much the noble Lords who have spoken: the noble Baroness, Lady Lister of Burtersett, and the noble Lords, Lord Kennedy and Lord Shipley. I also thank the members of the Bill team. Often the civil servants do not get their due accolades, but they deserve to. Parwez Samnakay, Frances Walker, Jane Worthington, Jane Everton, Lizzie Clifford and, from my own team, Ed Clark have all worked incredibly hard, engaging with Peers, making things happen and working long hours. I am very grateful.
I pay tribute to the noble Baroness, Lady Lister, whose work this Bill largely is. It was her initiative to raise this with my noble friend Lady Evans of Bowes Park. Certainly my leader—the boss—deserves credit for making sure that this happened but it was the noble Baroness, Lady Lister, who was really pushing and has been pushing in a constructive way ever since. I pay tribute to what she has done.
I also extend thanks to the noble Baroness, Lady Hamwee, and to the noble Lord, Lord Kennedy. I very much enjoy our engagement. He is a model of what an opposition politician should be—if only he did not support Millwall, but nobody is perfect. I thank the noble Lord, Lord Shipley, as well for constructively engaging in this. I hope that these same key people will be there when we look at the next development in relation to domestic abuse. There is much that unites here and very little, if anything, that divides us. I look forward to that.
I also pay tribute to Women’s Aid and, indeed, to everyone working in this sector—Refuge, Imkaan and others—for the work they have done. In short, all parties and all parts of the House can take a bow with this piece of legislation, which has engaged us all in a very positive, sensible and pragmatic way. I am most grateful for that. Thank you.
(6 years, 5 months ago)
Lords ChamberMy Lords, in moving Amendment 5, I will speak also to Amendments 7 and 8, in my name and those of the noble Lord, Lord Bourne of Aberystwyth, and the noble Baroness, Lady Hamwee. Their support underlines the fact that this is a genuinely cross-party amendment made possible by the willingness of the Minister to take on board the one substantive concern that we and the Liberal Democrat Benches have about the Bill: namely, that it did not afford protection to survivors of domestic violence who remain in their home and who are granted a new tenancy in place of an existing joint tenancy. It was extremely helpful that the Bill team was willing to engage with the lawyers advising me—Andrew Arden QC and Justin Bates; I am very grateful for their assistance—in reaching a form of wording for the amendment that was mutually satisfactory.
For the record, I want to note that the amendment I tabled in Committee was not technically deficient in the way that the Minister described. However, it did, as he pointed out, maintain an unintended link to removing the risk of further abuse. Happily, in doing so, it led me to question why that link was there at all because, as noted in relation to Amendment 4, there are problems with it. Women’s Aid then advised me that the inclusion of a reference to such a risk relies on housing officers being trained to recognise the potential ongoing risk a perpetrator may pose, which, as I said, can cause problems. I will return to the question of training in a moment, and I am grateful to the Minister for updating us on his thinking on it.
At this point, I too pay tribute to Women’s Aid, not just for the support it has provided on this Bill but for the vital work it does helping survivors of domestic abuse. It was good to hear the tribute from the Minister, and I am sure that Women’s Aid will very much appreciate it.
I will repeat briefly the case for the amendment. We tend to talk about women fleeing domestic violence, because that is the most common scenario: the woman escapes a harmful and dangerous situation and tries to find a place of safety, often in a refuge and often in another local authority area. But there are cases where the perpetrator is removed by the local authority or the police. Indeed, it would appear to be government policy to encourage this where it is safe for the woman to remain in the home and she does not want to leave it. This is partly to avoid the upheaval involved in moving home, for the women themselves and for their children, and, even under the old legislation, partly a desire not to lose the security of an existing secure tenancy. But the policy to encourage the removal of the perpetrator where safe to do so is also motivated by a desire to prevent him—we have noted at an early stage that it is usually “him”—from benefiting from the abuse by driving his partner from the home, as spelled out in the recent consultation document, Improving Access to Social Housing for Victims of Domestic Abuse.
I suspect it is a situation that might become more common, although we are talking very much about a small minority now. But even if it is a small minority, minorities matter. Where it is the perpetrator who leaves the home and there is a joint tenancy, I am advised that it is usual practice for a new sole tenancy to be granted in the name of the survivor. This amendment is crucial to protecting the rights of a survivor granted a sole tenancy in such circumstances, in line with the rights it affords to those who flee the home.
A theme running through our debate hitherto has been that in order to ensure that this very welcome legislation is effective, there needs to be adequate guidance to housing authorities and training for the officers who will be implementing it, as the Minister acknowledged earlier. At the outset he seemed to indicate that this was unnecessary because guidance and training already exist but, as is his wont, he listened and has taken on board the fact that there is considerable room for improvement in both, given the gap that exists between the theory of what is supposed to happen in local authorities and the practice of what actually happens when it comes to meeting the housing needs of domestic abuse survivors in a consistent and effective way. As a consequence, housing authorities’ responses can present barriers to survivors’ access to safety.
I was heartened when the Minister at an earlier stage said he would be taking a close personal interest in the development of the code and would consider the various submissions made by Women’s Aid and others. Officials have now had a constructive meeting with Women’s Aid to discuss this and its helpful note on training needs. Women’s Aid has emphasised to me the importance of consistency, and that requires good guidance and high-quality, comprehensive specialist training. A few examples of good practice, such as those highlighted by the Minister in Committee—welcome as they are—are not enough. Specialist training, it argues, needs to cover, among other things, the nature and impact of domestic abuse and coercive control; the links between domestic abuse and homelessness; identification of those subjected to it; recognition of the insidious effects of victim-blaming beliefs and attitudes; effective and safe practice, including risk assessment, multi-agency working and the importance of treating survivors with dignity and respect, which are crucial to a human rights culture.
On attitudes and appropriate treatment, I have learned from colleagues working in the area of poverty that the involvement of service users in training can be beneficial. A project involving people with experience of poverty in the training of social workers helped social workers understand much better what poverty means and how it can affect the people with whom they work and their behaviour. I was heartened by what the Home Secretary said in her recent Times article on the proposed domestic abuse strategy consultation. She said that,
“survivors and their children are at the heart of this consultation”,
and that,
“we will keep listening to experts and survivors”.
It is good to know that not all Ministers believe we have heard enough from experts.
However, my point is that survivors bring their own expertise to the table—expertise by experience. That expertise is invaluable both to the Government in developing their strategy—I hope that when they are developing their strategy, survivors of domestic abuse will be involved in the consultation—and to those being trained to assess the housing needs of survivors.
In Committee I raised the question of how the Government may monitor the effectiveness of this and other legislation in relation to the housing needs of domestic abuse survivors as part of the wider domestic abuse strategy. Perhaps the Minister can comment on that now.
Finally, I remind noble Lords that at Second Reading colleagues from around the House expressed concern about plans to change the funding base of refuges. In response to the opposition expressed by NGOs to the proposal for devolution of funding to local authorities—ring-fenced but, along with all short-term supported housing services, we do not know how long for—the Government have committed to considering all options. This is welcome, although it is disappointing that there was no mention of this in the Home Secretary’s Times article, which referred to the proposal in terms all too reminiscent of those used to justify the devolution of funds from the national social fund to the new local welfare assistance schemes, many of which are now being closed or drastically cut back. I do not expect the Minister to say anything about this at this stage but I hope he will take the message back to his colleagues both in his Ministry and the Home Office.
I have said more than enough, given the broad agreement on this amendment and the need to back it up with adequate guidance and training. I beg to move.
My Lords, I remind the House of my interest in the register as a vice-president of the Local Government Association and I pay tribute to the work of the noble Baroness, Lady Lister of Burtersett, and of my noble friend Lady Hamwee. They have done a great deal to secure what seems to be an agreed and agreeable outcome. The process in this Bill so far has been a good example of the House working at its best. I also want to pay tribute to Women’s Aid, in part because of the quality of its briefings and in particular for reminding us of the funding issues which still remain. I hope very much that the Minister will bear in mind the points that have been made by Women’s Aid.
I want to add only one or two points. In Committee I said that training is very important for this to work, and I was glad to hear the Minister refer to it in his opening remarks. To be effective, staff really will have to understand in great detail the processes that they should be following. I cite in particular the example of where a victim moves between local authorities with possibly a significant distance between the two. We need effective systems and networks in place for that to function properly. I have two suggestions to make as to how it might be done.
The first is one that I think I mentioned in our last debate. The training should be sub-regional; in other words, it is very important that the people in different local authorities who deal with these matters should know each other so that they know who to contact if there is an issue, and they should be trained together. Secondly, because the training is sub-regional, it would help if there were named contacts in every local authority who would be seen as the point of expertise not only within the authority concerned but also more generally. They are the people who should be contacted and they would maintain the files, particularly on difficult cases such as those requiring confirmatory evidence and so on.
With those two suggestions, I should like to thank the Minister very much indeed for getting us to this point. It is a positive outcome to our discussions over recent weeks.
My Lords, Amendment 5, proposed by my noble friend Lady Lister of Burtersett, is one that I fully support. She must be congratulated on pursuing this issue. As we have heard, the amendment puts into the Bill provisions to ensure that the protections set out in it apply to a victim of domestic violence who is living in a secure joint tenancy and stays in their home when the perpetrator leaves or is removed, as well as to victims who leave their homes.
This anomaly was first raised by my noble friend during the Second Reading debate on the Bill and she deserves much credit for persuading the Government that there was a real issue here and getting them to accept the amendment, as indeed the noble Lord, Lord Bourne, has done. He has shown himself to be prepared to listen carefully and look at the very real issues raised by my noble friend. I join others in paying tribute to the important work being done by Women’s Aid and I think that we all recognise the great job it does. Representatives of Women’s Aid have also engaged very positively with me during the passage of the Bill and I thank them for that.
I will not detain the House any further other than to say that I am very pleased that this amendment is going to be agreed shortly.
(6 years, 5 months ago)
Lords ChamberMy Lords, my noble friend makes a very good point, the answer to which is, realistically, that we are reversing a process. The price increase process will slow and will halt over time, but I do not seriously think that we can expect large falls. We can see a levelling off over time.
My Lords, I remind the House of my interests in the register. I welcome the Government’s proposal to get tough on viability assessments and to close the viability loophole. I thank the Minister for his letter yesterday to Members about the Statement. Why is there only an expectation that viability assessments will be publicly available? If the Government plan to increase accountability, surely there should be a requirement to make viability assessments publicly available.
I wish to ask also about the absence from the Statement of social housing for rent. There have been previous discussions about the publication date of the Green Paper on social housing. It seems to be repeatedly deferred, yet the only way 300,000 new homes, net, can be built each year is through empowering councils to build more homes—and that implies building more homes for social rent.
My Lords, I thank the noble Lord for what were essentially two questions. The most important point is the assessment of viability but, if I may, I will get back to him on the transparency issue; it seems a fair point but I would like to have a look at it.
There are two specific reasons why we do not tackle the issue of social housing in the Statement. The Statement is talking about the housing need and housing delivery across the board; it does not seek to apportion it between different types of housing. However, as the noble Lord will know and I have repeated many times, we are committed to more social housing. As he has rightly said, a review is coming up. It has not been postponed: it is due in the spring—that is what I can offer him—and obviously, there will be more detail in it.
(6 years, 6 months ago)
Lords ChamberMy Lords, I encourage the noble Lord to participate in the consultation, but I note what he says and I share the view that it is important to ensure that we have sufficient people who are expert in this field who are able to undertake the work necessary. That is a broader consideration and something that the Government are certainly on top of. In the meantime, as I say, the reason why we are having this consultation is so that we can test some of the recommendations that have been made by a very well-balanced working party, but perhaps we need broader consultation.
I remind the House of my interest in the register. I would like to ask the Minister about Grenfell Tower, given that the fire in that tower originated from a faulty electrical appliance. What steps are the Government taking to enforce stricter electrical safety checks in tower blocks across the UK?
My Lords, Grenfell is of course the subject of a very live criminal review, so it is important that I do not say anything that could prejudice that consideration. In general terms, though, a Green Paper relating to the social rented sector will shortly be forthcoming, and it will cover the area that the noble Lord is talking about.