Homelessness Reduction Bill

Debate between Marcus Jones and Andy Burnham

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th January 2017 Commons Chamber

[Andy Burnham]

I have also read the briefing note from Crisis, and the hon. Lady will have seen that Crisis does not believe that the funding allocated to the Bill is adequate to meet the obligations that are being placed on local authorities, nor does it believe that the Bill will do anything to address the wider issue of housing benefits.

However, I accept the hon. Lady’s point. I have not come here today to do anything to disrupt the passage of the Bill. It would help everybody if the Bill contained a commitment to a review so that we all know where we stand and so that there is a degree of urgency about how the House is addressing this issue.

[Mr Marcus Jones]

I hear what the right hon. Gentleman is saying. I am slightly disappointed by his approach and by the important time he is taking up. It is a shame that he did not come to make these points on Second Reading. That said, he asked me the very serious question about what the Government are doing to help address the important issue of rough sleeping in Manchester. We have already announced more than £600,000[Official Report, 1 February 2017, Vol. 620, c. 3MC.] for a social impact bond in Greater Manchester to support entrenched rough sleepers who have the most complex needs. Does he not welcome the work that will be done by the Government and the Greater Manchester combined authority?

[Andy Burnham]

I will welcome every single thing the Minister does to address this problem and, yes, I welcome that funding. What I do not welcome is the alarming rise in rough sleeping on the streets of Greater Manchester. I am sorry if it is inconvenient for the Minister to hear this, but it is clearly right to put those concerns to him.

--- Later in debate ---

[Mr Jones]

We discussed that issue in some detail in Committee, so I am not going to go into great detail today, but the law is clear on placements out of borough. The Government are absolutely certain that we want that law to be observed, particularly in relation to making sure that councils look at people’s circumstances—such as where children go to school and where people work—before they make any decisions that may affect a particular family.

[Andy Burnham]

The Minister spoke a moment ago about successful implementation and a review to check that it has been achieved. Part of that success is about the bureaucracy—the successful implementation of the powers and provision of the money required so that local authorities can discharge their functions—but, as new clause 1 says, it is also about the effect the legislation has on actually reducing homelessness. Before he moves on, will he tell us what the Government’s objective is and what test they are setting themselves with respect to reducing both rough sleeping and homelessness by 2020? We can judge then whether they have been successful.

[Mr Jones]

We have set out a significant determination to reduce both rough sleeping and homelessness in general. Nobody should ever have to spend the night on the street, and it is regrettable that that is currently the case, but the Government are absolutely determined to ensure that nobody has to sleep rough. It is a complex matter, as I am sure the right hon. Gentleman is well aware. Some of the things we are doing will have a significant impact. For example, there is a challenge in getting people moved from hostel accommodation into an intermediate position, before they are able to go into accommodation of their own. We are bringing forward £100 million for move-on accommodation, for which a bidding process will open very shortly. I hope that, in the spirit of the Bill, the right hon. Gentleman will acknowledge that the Government are not resting on their laurels and do not see the Bill as the be all and end all to deal with homelessness and rough sleeping, which we take very seriously. We are doing a whole package of things to try to improve the situation for people.

If accepted, under new clause 2 private sector landlords would not be able to rely on the no fault ground for possession, known as section 21, within the first three years of a tenancy, if the termination of a tenancy would result in a tenant becoming homeless. Landlords, and in many cases tenants, welcome the flexibility of the current assured shorthold tenancy regime, which does not lock the parties into long-term commitments, and promotes mobility. Without the certainty that landlords can seek repossession of their property when required, perhaps for their own family to live in, many would be reluctant to let their properties. The unwanted outcome would be landlords withdrawing from the market, which would not help landlords or indeed tenants.

Before assured shorthold tenancies were introduced under the Housing Act 1988, the private rental market was in decline. Regulated rents made being a landlord simply not commercially viable for many property owners, but since 1988 the private rented sector has increased steadily, growing from just over 9% of the market in 1988 to 19% today. The current framework strikes the right balance between the rights of landlords and tenants, and our efforts should be focused on encouraging a voluntary approach to longer tenancies for those who want them.

With those points in mind, I hope that the hon. Member for Hammersmith will follow through on the comments that he made at the start of the debate and withdraw new clause 2.

--- Later in debate ---

[Andy Burnham]

On Government amendment 2, which I asked the hon. Member for Harrow East (Bob Blackman) about, why cap the tenancy at 12 months? That seems to encourage local authorities to offer shorter-term tenancies, rather than making standard offers of longer-term tenancies. The Select Committee did not recommend a 12-month cap, so why have the Government inserted such a provision?

[Mr Jones]

If the right hon. Gentleman will forgive me, I will make the points that I was going to make and then I will directly address his point.

The hon. Member for Hammersmith mentioned Shelter’s concerns about clause 1. I assure him that we reached agreement with Shelter and other organisations that the clause would be acceptable before it was drafted and before the amendments were tabled. He also mentioned costs, about which we had a long debate in Committee. I note that he has been reassured by comments today, given his willingness to withdraw new clause 1. I undertook to consider further amendments and, once the Bill has been amended, I will be more than willing to share with the House what the additional costs will be.

I hope that the right hon. Member for Leigh (Andy Burnham) will be reassured that there is no upper limit. The reference to 12 months means that the minimum length of tenancy can be increased to 12 months through regulations. Basically, if the rental market changed and we were in a position to change legislation to reflect a 12-month rather than six-month tenancy, that provision would give us the flexibility to do so. It does not put a maximum cap on the tenancy that can be secured. If a local authority is able to secure a three-year tenancy because that is what a landlord is offering, people who were homeless or at risk of homelessness would be able to take up that offer of a longer tenancy. I hope that that reassures him.

I thank my hon. Friend—I nearly went too far. I am not sure that “hon. Friend” would be the right term, bearing in mind that I have another appearance before the Select Committee on Monday, but I thank the hon. Member for Sheffield South East (Mr Betts) for the part that he has played on the Committee. I thank him and the hon. Member for Hammersmith, as well as other Members, especially the hon. Member for Dulwich and West Norwood (Helen Hayes), for the work that they have been willing to do behind the scenes to get the Bill to this point.

The hon. Member for Sheffield South East talked about the code of guidance, and it is critical that we get that right. As he knows, the code of guidance will be updated. The Bill includes a commitment to put that before the House, and we will work with the LGA on that code to ensure that we get it as right as we can. As my hon. Friend the Member for Harrow East pointed out, the Bill contains powers to put in place a code of practice, so the Secretary of State can reinforce any existing legislation through regulations, or introduce new regulations.

There is a positive consensus across the House that the amendments will improve the Bill and make it more workable.

Amendment 1 agreed to.

Amendments made: 2, page 6, line 11, after “accommodation” insert

“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”

This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.

Amendment 3, page 6, line 22, at end insert—

‘(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””—(Mr Marcus Jones.)

This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.

Clause 5

Duties owed to those who are homeless

Amendments made: 4, page 7, line 45, after “accommodation” insert

“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”

This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.

Amendment 5, page 8, line 9, at end insert—

‘(9) The duty under subsection (2) can also be brought to an end under—

(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or

(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””

This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.

Amendment 6, page 8, line 18, leave out paragraph (a) and insert—

“(a) for subsection (1) substitute—

(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.

(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or

(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—

(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”;”

See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.

Amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert

““pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”

See amendments 6 and 8.

Amendment 8, page 8, line 27, at end insert “;

() for subsection (3) substitute—

“(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.

(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.

But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.””.—(Mr Marcus Jones.)

This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).

Clause 6

Duties to help to secure accommodation

Amendment made: 9, page 11, leave out lines 14 to 16 and insert—

‘(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”. —(Mr Marcus Jones.)

This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.

Clause 7

Deliberate and unreasonable refusal to co-operate: duty upon giving of notice