Renters’ Rights Bill

Debate between Lord Shipley and Baroness Taylor of Stevenage

Wednesday 14th May 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lords, Lord Shipley and Lord Young of Cookham, for their amendments relating to selective licensing, and I particularly thank the noble Lord, Lord Shipley, for moving the amendments from the noble Lord, Lord Young, in his absence. I thank the noble Lord, Lord Jamieson, for his comments.

Amendment 253, moved by the noble Lord, Lord Shipley, seeks to allow local authorities to use selective licence conditions to improve housing conditions. We acknowledge and share the noble Lord’s intentions to improve housing conditions. We believe that all renters deserve to live in safe, secure and quality homes. With the introduction of a decent homes standard and the application of Awaab’s law through this Bill, the Government will reform and improve conditions across the sector. We think it is important that these measures benefit all renters and local authorities in tackling poor-quality homes, regardless of whether they are in selective licensing areas.

Amendment 254, also in the name of the noble Lord, Lord Shipley, seeks to allow local authorities to increase the maximum duration of selective and additional HMO licensing schemes from five to 10 years. As many noble Lords will be aware, the Government recently removed the requirement to obtain Secretary of State approval to introduce larger selective licensing schemes. We think it is right that local authorities have greater autonomy to implement schemes provided that they meet the statutory criteria. However, we also recognise licensing schemes do, as noble Lords have said, place additional burdens on landlords. It is therefore important that local authorities monitor any schemes to make sure that they are proportionate and are continuing to achieve their aims. A maximum scheme duration of five years strikes the right balance in giving local authorities time to make this assessment, while also ensuring that landlords are not by default subject to increased regulation for prolonged periods. I therefore ask the noble Lord, Lord Shipley, to withdraw his amendments.

I turn now to the amendments in the name of the noble Lord, Lord Young of Cookham. Amendment 267 seeks to streamline the selective licensing application process and cap the total fee that local authorities can charge for licensing similar properties in a block under single ownership. The Government recognise that selective licensing imposes a burden on landlords. The financial and administrative cost can be particularly significant for large portfolio landlords, such as those operating in the build-to-rent sector.

Local authorities already have discretion to streamline licence applications and fees for landlords whose properties meet the requirements for block licences. Where appropriate and consistent with the aims of their licensing schemes, we would encourage local authorities to make greater use of block licences. This reduces the burden on large portfolio landlords and can better reflect efficiencies for local authorities in licensing such properties, for example, the ability to inspect multiple properties in a block during a single visit.

It is right that licensing schemes continue to be determined locally and that local authorities have the flexibility to decide the best application process and fees to support delivery of schemes. Placing a cap on application fees could cause issues due to regional differences in costs between local authorities and potentially undermine the success of some schemes.

Amendment 268 seeks to allow the transfer of selective licences in circumstances where the licence needs to be passed to an employee of the same corporate body. As noble Lords will be aware, under Section 91 of the Housing Act 2004, licences currently cannot be transferred, as the noble Lord, Lord Shipley, explained. A new licence application is needed where a change to a licence-holder is required after a licence has been issued. A crucial part of the application process is ensuring compliance with the fit and proper person test. This is designed to ensure that prospective licence-holders do not pose a risk to the welfare of tenants. I am sure it is not the intention of the noble Lord, Lord Young, but accepting this amendment might mean circumventing those important checks for any new licence-holders within the same organisation.

I accept that it may seem excessive for a local authority to require a full licence application to be submitted where a licence needs to be transferred due to changes in staff in cases where there are no other changes to the management or use of the property. We would encourage local authorities to take a proportionate approach in these cases, for example, by requiring only details of the new licence-holder to be provided in the application and charging a fee that covers only the essential parts of the application process, for example, the fit and proper person test.

Amendment 269 seeks to allow a local authority to grant a temporary exemption from selective licensing to an applicant where it has determined that it requires more time to process the relevant licence application. I recognise the issues this amendment attempts to address. Where a local authority has received multiple licence applications from the same applicant, it needs sufficient time to review them. As a result, applicants may receive a decision after the period they deem reasonable. I totally agree with the noble Lord, Lord Jamieson, about digitisation of this process and making the whole process more efficient.

Local authorities are already required to determine all licence applications within a reasonable time. We would encourage them to set out clearly their expected processing timelines when inviting applications. When planning a licensing scheme, local authorities should also carefully consider the level of resources needed to process applications to avoid large backlogs being created.

However, regardless of any challenges a local authority may face in processing licence applications, landlords with licensable properties should apply for licences. This ensures that they are protected from enforcement action being taken against them for having control of or managing an unlicensed property. With this in mind, I ask the noble Lord, Lord Young, not to press his amendments.

[Lord Shipley (LD)]

My Lords, I thank the Minister for her very full explanation. I think the best course of action would be to review in Hansard what she has said and look at ways in which we might progress some of these issues by the time we reach Report in a few weeks’ time. For the moment, I beg leave to withdraw Amendment 253.

Renters’ Rights Bill

Debate between Lord Shipley and Baroness Taylor of Stevenage

Monday 12th May 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Shipley, for his amendments, which relate to tenants ending an assured tenancy and joint tenancies. In doing so, I thank him for raising the very important issues brought to him by Citizens Advice, which has been in touch with the department as well. I thank Citizens Advice and all the other stakeholders for engaging with our officials on these issues. I thank the noble Baronesses, Lady Coffey and Lady Scott, for their comments too.

Where a joint tenant has served a notice to quit, Amendment 171 would require any agreement to a notice period of less than two months to be with not just the landlord, as the Bill requires, but with all other joint tenants as well. Although I genuinely think there is merit to this approach, I am cognisant of the potential impacts on tenants who do not wish to inform their co-tenants that they are leaving. There may be a number of reasons why that might be the case. We would need to give very careful consideration to any change in this direction, to make sure we understand any impacts that it might have. We are currently working through that.

Amendment 172 would allow a tenant to provide only one month’s notice to end an assured tenancy if the landlord had already provided a notice of their intention to seek possession using ground 1 or ground 1A. The Government understand that tenants may find new properties to let within the four-month notice period the landlord has given them, and that market pressures would mean that, ideally, they could go when they need to. However, it is right and fair that tenants provide landlords with the usual two months’ notice so that landlords have sufficient notice, as they may need to change or alter their plans as a result. We think that this strikes a fair balance. Tenants will benefit from slightly longer notice periods, and it is right that landlords can plan for the ending of the tenancy too. Nothing prevents the agreement of a shorter notice period. We expect that, in many cases, landlords will gladly facilitate a quicker end to the tenancy to allow them to sell or move in more quickly.

The noble Baroness, Lady Scott, raised a number of questions around subletting. I will come back to her on those points.

Amendment 174 would require joint tenants to notify each other when serving a notice to quit an assured tenancy, and landlords to inform all joint tenants that such a notice has been served and to provide a copy of the notice. The Bill does not require joint tenants to inform each other when ending an assured tenancy. I understand the point that there is an inherent risk that tenants may not find out until late in the notice period that their tenancy is ending. However, at the moment, the Government are concerned about the potential impact—for example, on domestic abuse victims—of being required to inform the perpetrator that they are ending a tenancy, possibly in order to flee. On the balance of risks, we believe the needs of domestic abuse victims must be allowed to prevail, although I recognise it is a difficult decision and we are giving it further consideration.

Finally, Amendment 175 would require all joint tenants to agree to withdrawing a notice to quit. This amendment is unnecessary, as it has already been established in law that all joint tenants must agree to positively sustain the tenancy. It is very unlikely that a court would determine that a single tenant could unilaterally withdraw a notice to quit, because there is not the positive consent of all tenants. For those reasons, I ask the noble Lord not to press his amendments.

[Lord Shipley (LD)]

My Lords, these are essentially probing amendments and I am glad that the Minister and her department have had discussions with Citizens Advice. I understand some of the points that she has made. To take up the point mentioned by the noble Baroness, Lady Coffey, I think the aim is to avoid unintended consequences in a new Bill such as this. So it is important that all these issues are thought through and examined so that the best answer can be found. I hope it might be possible, between now and Report, for some of the issues that the Minister has raised to be looked at in detail. I shall look carefully at her response in Hansard to see whether there are ways in which some of the problems that have been identified, and some of the responses with perhaps unintended consequences that the Minister has identified, might find a solution. With that, I beg leave to withdraw the amendment.

Birmingham: Waste Collection

Debate between Lord Shipley and Baroness Taylor of Stevenage

Thursday 24th April 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The costs are included in the issues that Birmingham is facing overall. We are working with the council on options to address those costs. The commissioners in Birmingham have been working very hard to do that. The additional £131 million funding we put into Birmingham this year will help to address some of the deficit it has faced recently. In fact, we included in our funding for Birmingham a new one-off recovery grant of £39.3 million, which shows our commitment to correcting unfairness in the funding system. We also put in place an in-principle agreement to exceptional financial support totalling £1.24 billion across the country. We are helping Birmingham with its financial issues, but they are of long standing. The overall funding formula we have been looking at as we go into the spending review across the country does not deliver funding in a way that delivers the best funding settlement to where the most need is. That is something we will have to address going forward.

[Lord Shipley (LD)]

My Lords, concern has been expressed about this situation arising again following local government reorganisation. When we discussed this matter in the Chamber previously, I suggested that one way of preventing it happening again was to revive the Audit Commission, which has not existed now for just over 10 years. I think it would help, and I am not sure whether Ministers have taken on board seriously the suggestion that an improved audit system is necessary in local government.

[Baroness Taylor of Stevenage (Lab)]

The noble Lord will know, because I have stated this before in this Chamber, how much I agree with him about the problems that not having an effective audit system in place in local government has caused. We need to reinstate a sound audit that the public can rely on to know that their money is being spent locally in a way that is accountable and transparent; that is an important part of the process. At the moment we are at the White Paper stage of bringing forward the English devolution Bill, and when we get the Bill it will contain information about how the audit system is going to be progressed.

Birmingham City Council

Debate between Lord Shipley and Baroness Taylor of Stevenage

Tuesday 1st April 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I certainly agree that the people of Birmingham are at the heart of this issue. They are first in our thoughts. I agree that urgent action is necessary. That is why I spoke with the leader of Birmingham City Council today to see whether there was anything further we could do to support them. He believes that the way to resolve this is to get around the table as quickly as possible, and that is just what he aims to do.

On the noble Lord’s comments on how the situation arose in the first place, there had been serious financial and governance failings. Birmingham City Council issued a Section 114 notice, which effectively says that the council does not have control of its finances, in September 2023. It did so due to accepting a £760 million liability that arose from those equal pay claims, along with in-year budget deficits that arose from the Oracle IT system. It has been working through a very intense programme of activity to put those issues right. It has not been easy for the leadership of Birmingham City Council; nobody goes into local government to cut services or make things less easy for their residents. It has been doing that with the commissioners, who are working very well with the council and have produced a frank and honest report. There is a copy in the Library if any noble Lord wants to look at it. I agree that preserving public health is vital. That is why the director of public health in Birmingham and the UK Health Security Agency regularly review what is going on there, to make sure that everything is done that can be to ensure that the public health situation does not deteriorate any further.

[Lord Shipley (LD)]

My Lords, the Minister has referred to serious financial failings in Birmingham, and the Statement admits that:

“Practices in the waste service have been the source of one of the largest equal pay crises in modern UK history, resulting in costs of over £1 billion to the residents of Birmingham. This situation simply cannot continue”.


Does the Minister agree that this situation might not have arisen had it not been for the abolition, just over a decade ago, of the Audit Commission, which had a role in delivering best value as well as formal audit responsibilities? Taking Birmingham as an example, might the Government consider whether that decision was wise and whether something needs to be done to improve long-term audit of local authorities in England?

Council Tax

Debate between Lord Shipley and Baroness Taylor of Stevenage

Monday 3rd February 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

If there were to be a revaluation, there would be winners and losers. This is one of those issues where whatever we did would cause further problems in the system. It is a widely understood tax and there are high levels of collection. However, the Government are taking part in the fair funding review—we have issued a consultation on that—to make sure we level up the playing field for local authority funding, so that areas which need the money most get the most money.

[Lord Shipley (LD)]

My Lords, council tax is a regressive tax and for the past 10 years, Governments have been loading part of the increasing cost of adult social care on to council tax. Poorer households are therefore having to pay more in council tax than they otherwise would. The Government are going to spend the next three years coming up with a plan for adult social care. Is that delay fair on poorer households?

Building Homes

Debate between Lord Shipley and Baroness Taylor of Stevenage

Tuesday 17th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Lord, Lord Lansley, for that question, because in a housing crisis where we have so many people in need of affordable homes, it has been such a shame that Section 106 homes that could have been funded were unable to be picked up because of the lack of capacity within affordable housing providers.

The Government have been very aware of the problems affecting the sale of Section 106 affordable housing. Alongside the National Planning Policy Framework, Homes England also launched a new clearing service to help unblock the delivery of these homes. This is a great role for Homes England to fulfil. The Government are now calling on all developers with uncontracted Section 106 affordable homes to proactively and pragmatically engage with this new service. We hope that this will be able to unlock some of the stalled Section 106 affordable homes which we know are there, waiting for those families who are desperate for housing. I hope that this service will take things forward.

[Lord Shipley (LD)]

My Lords, this Statement is about building the homes we need, but it talks about housing targets, not targets for homes, particularly homes for families to live in. What is the Government’s view on office conversions, potentially of poor quality, masquerading as homes when they are not and are simply contributing to a 370,000 a year housing target? What steps will the Government take to ensure that homes are of sufficient quality to merit the term “homes”, as opposed simply to being part of the achievement of a housing target?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord for his question. We have an Oral Question on exactly the same topic tomorrow, when I am sure I will be able to give a fuller answer.

The noble Lord is quite right. As I come from a new town, I recognise the benefit of not just designing the homes but planning the areas where they are to be situated. They should, of course, be sustainable, healthy and have all the infrastructure that everybody needs. The Government are committed to taking steps to ensure that we not only build more homes but that they are high quality, well designed and sustainable. That is why we have made changes to the NPPF to make clear the importance of achieving well-designed places, and how this can be achieved holistically through local design policies, design codes and guidance. We will be pushing this forward further in the new year.

Housebuilding: Regional Mayors

Debate between Lord Shipley and Baroness Taylor of Stevenage

Thursday 5th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am not going to apologise for the housing ambitions of this Government. We were left with a housing crisis, which we have set about tackling. The previous Government failed to do so for 14 years. We want to see young people able to achieve home ownership, to make sure all homes are safe and well maintained, and to create a new generation of social housing and new towns. We believe that everyone deserves a safe, secure, affordable home—do they not?

[Lord Shipley (LD)]

My Lords, the Minister talked of mayors’ strategic planning role, but who actually makes decisions on targets—the local planning authority, the mayor, the department or the Treasury?

[Baroness Taylor of Stevenage (Lab)]

My Lords, we have done an extensive consultation on the National Planning Policy Framework. We reintroduced government housing targets, because we want to deliver 1.5 million homes over this Parliament. We are going to do that with the aggregate of targets from local plans, so we will consult local mayors as they develop their role in strategic plan making.

Social Housebuilding

Debate between Lord Shipley and Baroness Taylor of Stevenage

Monday 21st October 2024 Lords Chamber

[Lord Shipley (LD)]

My Lords, the Question relates primarily to new social homes, but it was reported at the end of September that around 70,000 council and housing association homes are now lying empty. Can the Government say something about what is planned for those 70,000 dwellings?

[Baroness Taylor of Stevenage (Lab)]

My Lords, there are multiple reasons why properties may be empty, but it is important that we bring as many homes as possible into use. Councils are being given greater powers to charge additional council tax for empty properties, and I know that they will be looking very carefully at the stock of housing to make sure that it is brought into use as quickly as possible. We are also looking at things such as compulsory purchase order powers and so on. Councils already have those but it is very important that we give councils as many tools in their armoury as possible to prevent houses falling into dereliction or simply being left empty because they have been bought as investments and are not let out or used.