My Lords, that would be for local decision, if the local authority believed that that was an appropriate use of land. Indeed, such amenities could be included in the neighbourhood plan. The more of those we can get up and running, the better. These sorts of facilities which are vital, as the noble Baroness said, can be included in those plans. I readily accept that communities need and want these essential facilities.
My Lords, the Minister was a bit dismissive of the broadening of the Question put by my noble friend Lord Knight. However, does she not realise that in rural areas particularly, affordability is a question of income as well as of the availability of housing? This is particularly true in areas such as the south-west, where the ratio between house prices and incomes is at its worst. Therefore, will she address holistically the problem of affordable housing in areas such as the south-west by having a coherent regional housing policy which allows people to live in the villages in which they were born?
My Lords, as I have said, it is important that people in rural areas are able to stay in rural areas. I hope that the Government’s policies will ensure that that happens.
My Lords, I hope that I can ease the minds of all noble Lords on this. When we say flexible tenancies, that is what we mean. We also mean, with localism, that local authorities, housing associations and social landlords will be able to make their own decisions about this. If local authorities decide that they have enough housing provision and can manage their tenancies without the flexibility that we are offering, and if, as the noble Lord said, they are providing specialist housing, for example for older people, they will offer lifetime tenancies and that will be it—no one will put any pressure on them.
The reasons for introducing the measures relate, first, to the fact that housing is in short supply. Anyone who has anything to do with local authority housing knows that some people do not need lifetime tenancies. For various reasons they need them for a short term such as five or 10 years. At the end of that time their children may have grown up, they may need to move, their income may have improved so that they no longer need social housing and they may be perfectly happy to have a shorter tenancy. The move is in the right direction. It is correct that we should be able to say to local authorities that in discussion with their tenants they will be able to offer a tenancy of less than a lifetime. If, at the end of the three, four, five or 10 years that the tenancy is for, the situation has not changed, they will renew the tenancy. Nothing here threatens any housing association or anyone who is looking for social housing.
We have made it absolutely clear, and I have laid information on this in the House Library, that the two years mentioned in the Bill—I do not accept the premise of the noble Lord, Lord Whitty, that we should put five years and then downgrade it to two—will be exceptional. Some noble Lords may not agree, but some people need only short-term accommodation. The Minister, Mr Shapps, cited someone he knew who had a major disability that was caused unexpectedly and who for a very short time needed help, which the local authority under these provisions would be able to give him because it could give a restricted-time tenancy. Other people such as recovering drug addicts and people with short-term financial problems should not be given a lifetime tenancy but would benefit from social housing for a short time on the understanding that if at the end of two years the situation has not changed they will be offered a further tenancy if it is required.
I refute absolutely that we are trying to change the whole nature of a tenancy. We are trying to maximise the use and value of social housing. We have all agreed this afternoon that it is limited, that it is precious and that some people require it at various stages of their lives. To entitle local authorities to have flexibility in what they do seems to us to be just plain sensible at this stage and in the situation we are in. We have made it clear—again, this draft is in the Library—that two years is to be exceptional and that the tenancy policies of social landlords and local councils will have to state what they mean by exceptional. A tenancy policy will state what the landlord sees as a possible exception for two years. That will have to be laid out so that everyone knows what it is. The expectation is that these will not be used very frequently. They will probably be used very infrequently, but there should be the right to have that flexibility. Therefore, by definition, the tenures stretch from two years rather than five, as is being proposed. We wish the two years to stay in the Bill.
I trust that the noble Lord, Lord Shipley, and others have received the letter that I sent during the summer saying what we are proposing to do. We have made clear to the social housing regulator that this is to be the situation in the new tenancy standard on which we are currently consulting. The revised text sets out that tenancies with a term of less than five years may be granted only exceptionally, and if social landlords decide that there are exceptional circumstances they will be able to set out in their tenancy policies what those exceptional circumstances will be.
In addition to the example I have given, young people who need support for a short time, families who need a larger home for a short period and shorter-term support for recovering alcoholics and drug addicts are examples that we have been given as a result of the consultation on this by social landlords. They are real cases and there is a real ability to help people.
When the noble Lord, Lord Shipley, raised this in Committee, I made it clear that we recognise that the needs of older people and those with disabilities, for example, are going to remain constant over the long term. It will certainly be open to local authorities to give them long-term tenancies. It is perfectly sensible to keep older people in the house or flat that they are familiar with and not to remove them from the people and places that are familiar to them. We believe that landlords understand that as well, but we believe that safeguards are needed and that the tenancy standards are the right place for them as they will cover all tenants. This is important because the amendment would not cover both social tenancies and local authority tenancies. We believe that they should cover both so there is no doubt about it. We are consulting on a draft direction, and we will consider whether that can be tightened up. The direction relates to the tenancy policy. If it is possible, I hope that we will have a draft of that before Report, but I shall not make any promises on that at the moment.
We believe that Amendment 28, which was tabled by the noble Lord, Lord Shipley, is unnecessary. It seeks to guarantee continued security on moving home for secure and assured tenants, but only when they move to a local authority home. We want to make it clear that we are talking about moving within the affordable sector. Through the tenancy standards, we have guaranteed continuing security for existing tenants who move to another social-rented home.
I hope that I have made it clear in what I have said and the way I have said it that we do not expect these provisions to do anything other than free some local authority and social housing from people who do not need it and make it available for people who do, but they by no means undermine the provision and ethos that people who need a home for life should have it. It is just recognition that that is not always the situation and that local authorities should be able to work to that.
Before the Minister sits down I should say that I felt that her assurance to the noble Lord, Lord Best, was not quite as unequivocal as the one I think he was seeking. The history is that when the past two Governments gave flexibility to local authorities, if those authorities had not followed the Government’s preferred option—being less enthusiastic than was hoped about the right to buy or, under the previous Government, less enthusiastic than they wanted on stock transfer—a financial penalty followed down the line. If the Minister is giving an assurance in response to the noble Lord, Lord Best, that that will not happen this time, we should be grateful, but I do not think she quite went that far.
My Lords, I thought I made myself pellucid on this. Local authorities and housing associations will have the flexibility and the right to offer only lifetime tenancies. I do not see that that money has anything to do with this. I do not think there is any likelihood that Parliament will want to intervene in that. That is the situation. They can have lifetime tenancies for everyone if they wish, but if they have other people who they think could make better use of the property or have people who do not need it, as I have said before they will be able to do that. I cannot commit future Governments, so I would like to commit mine for a very long time, as they will be there, but as the noble Lord knows perfectly well one can commit only one’s own Government, and I think I can commit ours to that.
(13 years, 4 months ago)
Lords ChamberMy Lords, welcome to the noble Lord, Lord Kennedy. He was sharp, swift and brief—brilliant. We will have more of the noble Lord, if we might. On the amendment of the noble Lord, Lord Whitty, supported by the noble Lord, Lord Shipley, I am once again going to say that we do not need it. While I admire the verve with which the noble Lord, Lord Whitty, has presented his case, there are already statutory provisions.
Local authorities are already under statutory provisions to provide plans for the housing needs of their population and to discharge their housing functions in accordance with their strategic priories as detailed in their housing strategies. Section 13 of the Planning and Compulsory Purchase Act 2004 requires local planning authorities to keep under review matters that are likely to affect the development of their area, including size, composition and distribution of the housing for their population. In addition, planning policy statement 3 and the associated guidance on strategic housing assessment make clear that local authority plans should be informed by a robust evidence base of housing need and demand in its area for market and affordable housing.
Section 87 of the Local Government Act 2003 provides a power for the Secretary of State to require all local housing authorities to have a housing strategy, so the provision is there already. It is well understood that local authorities should be more than clear about the requirements in their area in this regard. The current guidance on local housing strategies in England stresses that the local housing strategy is the local housing authority’s vision for housing in its area. It should set out objectives, targets and policies on how the authority intends to manage and deliver its strategic housing role, and provides an overarching framework against which the authority considers and formulates other policies on more specific housing issues. That is the strength of my argument in saying that we do not need the amendment. However, I understand the concern that lies behind it and behind the comments of the noble Lord, Lord Shipley. We are dramatically underhoused.
The noble Lord, Lord Shipley, has drawn attention to the limited housebuilding that has occurred over a number of years. Last year we had one of the lowest housebuilding programmes since 1923. We are trying to boost housebuilding. We have introduced the new homes bonus and are trying to encourage building through various means such as shared ownership and buy now pay later schemes. There are all sorts of plans to increase housing but you cannot do it overnight; it takes time to develop. However, there is no misunderstanding on the part of this Government that housing and a housing strategy are needed. With the assurance that this amendment is not necessary for the reasons I have given, I hope that the noble Lord will withdraw it.
My Lords, I thank the noble Lord, Lord Shipley, and my noble friend Lord Kennedy for their support for the amendment. I also thank the Minister for at least appreciating what lies behind the amendment. I understand that bits and pieces of the requirement for a strategy are in various bits of existing legislation. However, the most coherent expression is to be found in the planning guidance. Indeed, I have sought to gather some of the themes of the planning guidance in one place and to give it statutory backing. The noble Baroness says that the amendment is not necessary. I may return to it but for the moment I accept that. As she rightly says, this is a long-term problem. It has arisen over a long time and will take a long time to resolve. Those of us who are veterans of the housing debate know that I was not particularly supportive of various aspects of the previous Government’s policy in this regard. I have yet to be convinced that the new Government’s policy is likely to deliver more housing, particularly affordable housing for the kind of people I have talked about.
There is a need for a strategic framework here. The Localism Bill, in so far as it redefines the decisions that are to be taken locally, is probably the right place for it. I will consider carefully what the noble Baroness has said. However, at some point in this whole housing policy debate and in the Localism Bill we will have to re-emphasise the fact that the national drivers—in so far as they worked—have largely gone, and that the real driving force in solving what is admittedly a long-term housing problem now rests with our local authorities. If I have at least got that message across and the Government follow it through, I will have achieved something. I have taken 20 minutes over this amendment, for which I apologise. I may return to it at Report, but at this stage I beg leave to withdraw the amendment.