Social Housing (Regulation) Bill [Lords]

Debate between Matthew Pennycook and Andy Slaughter

Report stage
Wednesday 1st March 2023 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

My hon. Friend is making a powerful speech. On new clause 6, he knows that I have an interest in freedom of information, and I introduced a private Member’s Bill to do just this. The Freedom of Information Act applies to housing associations in Scotland, the Information Commissioner supports that, and there were endless examples in what the Campaign for Freedom of Information gave us in preparation for this debate of housing associations just refusing or ignoring requests from tenants about fire safety, damp and mould and other issues. Why should they be treated differently from council tenants, and why will the Government not adopt the FIA, which is designed exactly for this purpose, rather than use their own scheme, which would do a pale reflection of that in trying to enable tenants can find out basic information about their own safety?

[Matthew Pennycook]

I thank my hon. Friend for that intervention; I could not have put it better. We are seriously concerned that clause 22 does not have the same effect as bringing providers within the scope of the Freedom of Information Act. We think that tenants, and tenant representatives and those acting on their behalf, should be able to enjoy those rights, so that they can get information of the kind that, as he rightly says, providers regularly refuse to give to tenants.

Before turning to the Government amendments that have been tabled since the Bill left Committee, I wish to speak briefly to new clauses 7 and 8, which stand respectively in the names of my hon. Friends the Members for Dulwich and West Norwood (Helen Hayes) and for Mitcham and Morden (Siobhain McDonagh). I turn first to new clause 7, or “Georgia’s law”, as my hon. Friend the Member for Dulwich and West Norwood has named it, in reference to a constituent of hers who was forced into temporary accommodation for an extended period as a result of her teenage son being threatened by gang members at their family home.

In our view, new clause 7 is a sensible and proportionate amendment that would make a real difference to a small but significant minority of tenants in England who find themselves in the exceptional circumstance—I must stress that fact—of a police referral as a result of being subject to the threat of serious violence. Its effect—the protection of existing tenancy rights in the case of a forced move linked to a threat of violence and greater co-operation between registered providers to rehouse those affected in a social home—is clearly not unduly onerous, and the Government’s argument that such a measure would cause insurmountable problems with local authority allocations policies is entirely unconvincing.

The Minister gave a guarantee in Committee that the Government would work with my hon. Friend

“to see what more can be done in this area to prevent any more cases like that of Georgia and her boys emerging.”––[Official Report, Social Housing (Regulation) Public Bill Committee, 29 November 2022; c. 66.]

It is therefore incredibly disappointing that the Government have not been willing to bring forward an amendment of their own to ensure that others do not have to experience what my hon. Friend’s constituents were forced to go through. As such, if my hon. Friend pushes her new clause 7 to a vote, we will of course support it.

We also support new clause 8, because while we recognise that the Government are taking steps to address the issue of unscrupulous providers of supported accommodation by means of the Supported Housing (Regulatory Oversight) Bill, promoted by the hon. Member for Harrow East (Bob Blackman), we are in full agreement with my hon. Friend the Member for Mitcham and Morden that the regulator should have the ability to inspect temporary accommodation. There is statutory guidance designed to ensure that existing minimum standards are met for all temporary accommodation, but we know that in practice bed and breakfasts, hotels and shared houses used by local authorities across the country to house homeless families are frequently substandard and often hazardous, because that guidance is rarely adhered to.

The truth is that with almost 100,000 households, and now more than 125,000 children, living in temporary accommodation, according to the Department’s own figures, local authorities have little leverage when it comes to deciding what standards they are willing to accept. A huge amount needs to be done to decrease the demand for temporary accommodation across the country, most of which is well outside of the scope of this Bill. But in the short term, stronger regulation and inspections could make a real difference, and in the most extreme cases they could save lives. On that basis, we support new clause 8.

Finally, I turn to the Government amendments that have been tabled in recent weeks. The bulk of them are uncontroversial and largely technical, and we support their incorporation into the Bill. I do, however, wish to touch upon Government new clause 1. Awaab Ishak’s untimely death from prolonged exposure to mould in the house his parents rented from Rochdale Boroughwide Housing should never have occurred and the fact that it did, frankly, shames our country. The coroner was right to call it a “defining moment”, but it falls to this House to ensure that it truly is. It is therefore essential that we legislate to compel landlords to act quickly to remedy hazards of the kind that ultimately killed Awaab.

The regulator’s initial findings on damp and mould in social housing, published on 2 February, estimated that up to 160,000 social homes have notable problems with it, and a further 8,000 have hazards so severe that they pose a serious and immediate risk to health. Given the scale of the problem, landlords who fail to proactively review the homes and buildings they manage or lease for hazards, who deal with tenant complaints relating to such hazards ineffectively, or who blame damp and mould on lifestyle choices and myriad other factors, rather than taking responsibility, cannot be tolerated.

Government new clause 1 is a laudable effort at amending the Bill to ensure that social housing providers are forced to investigate and deal promptly with hazards that are a danger to the health of tenants. As the Minister said, it would allow the Secretary of State, by regulation, to set timescales to which social landlords must adhere in respect of remedying hazards or be in breach of a tenancy agreement, as well as specify what kinds of action must be taken. Enforcement will, of course, depend on access to legal representation, and in many cases legal aid, Government new clause 1 nevertheless provides an enforceable right that enhances the provisions contained in the Homes (Fitness for Human Habitation) Act 2018, introduced by my hon. Friend the Member for Westminster North (Ms Buck). We commend the Government for tabling the new clause and we support it in principle.

However, we are convinced that Government new clause 1 could be strengthened in several important respects, and to that end we have tabled amendments (a) to (f). Taken together, they would set out on the face of the Bill the location of the relevant prescribed requirements at proposed new section 10A(2); make clear the extent of their application; detail the circumstances in which any provision of a lease or any agreement relating to a lease is void; and clarify where courts may order specific performance of certain obligations. We believe those changes would improve the clarity and functionality of Government new clause 1 and thereby make it stronger, and we hope the Government will give serious consideration to accepting them.

To conclude, this is without question an important and urgently needed piece of legislation, and we are extremely pleased it will complete its passage today. Everyone has a basic right to a decent, safe, secure and affordable home, and it is our sincere hope that by overhauling the regulation of social housing by means of this Bill, we will better protect the health, safety and wellbeing of social tenants across the country. We welcome the numerous concessions that the Government have made throughout the passage of the Bill, but we believe it is not yet the most robust piece of legislation that this House can possibly deliver, the achievement of which has been our objective from the outset. We will shortly have the opportunity to amend it further so that it is, and I urge the House to come together to that end.

Building Safety Bill

Debate between Matthew Pennycook and Andy Slaughter

Report stage
Wednesday 19th January 2022 Commons Chamber

[Matthew Pennycook]

Scintillating they may not be, but it is still a pleasure to respond for the Opposition to the remaining proceedings on consideration. I will first deal briefly with several of the non-Government amendments selected, before taking the opportunity to ask the Minister several specific questions relating to Government new clause 19, new schedule 1 and various other amendments relating to special measures and protections against forfeiture. I hope he is able to answer at least some of them.

New clause 1, which stands in the name of my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), who sadly cannot be in her place today because she has contracted covid, is a straightforward amendment that would place on the Secretary of State an obligation to review the effects of behaviour in the construction industry that have a negative impact on building safety, such as contract terms and payment practices that prioritise speed and low-cost solutions, and to report findings to this House. We support the new clause fully and urge the Government to give it due consideration.

New clause 18, which stands in the name of my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy), would establish minimum standards for property flood resilience measures in new-build homes. In response to my hon. Friend last week, the Secretary of State made it clear that “more could be done” on this issue. I hope my hon. Friend gets a chance to make her case in more detail in due course, and that the Minister will give serious consideration to her new clause and to what might be done through future planning legislation to drive up standards when it comes to flood mitigation and resilience.

New clause 15, which stands in the name of my hon. Friend the Member for Hammersmith (Andy Slaughter), would extent the electrical safety inspection duties that currently apply in the private sector to social landlords. It is straightforward and we believe it warrants support.

New clause 16 would extend the same duties to leaseholders. Although we do not want extra burdens to be placed on leaseholder-occupiers—those who sub-let are of course required to have the relevant certification anyway—and we do want further assurances that the provision would not duplicate powers and duties that the Bill confers on the building safety manager, we support in principle steps to ensure the safety of electrical installations in high-rise buildings and to reduce the risk of fire spreading between flats.

[Andy Slaughter]

My hon. Friend is a logical and fair man, and he will appreciate that there is an anomaly here. If a leaseholder rents out their property, as we have heard some are forced to do, they will be a private landlord and will be obliged to carry out these checks, but they will not be if they are living in the property themselves. In the name of safety, there has to be consistency. Not only landlords of high-rise blocks but social landlords and resident leaseholders need to do this, and the cost is estimated to be about £30 a year per flat.