(5 days, 5 hours ago)
Lords ChamberThe noble Baroness provided a wonderful role model for mayors going forward. Some of the innovations that she introduced during her time as Mayor of Watford are legendary, so I thank her for that service.
Mayors can use their mandate for change to take the difficult decisions needed. As the noble Baroness will be aware, they have both standing and soft power to convene local partners and tackle shared problems directly, exercising devolved powers and attracting inward investment. They have a platform for tackling obstacles to growth that might need a regional approach. Mayors are accountable to their citizens, as she rightly points out, and have the profile to stand up for them on a national stage and to partner with and challenge central government where needed—and of course it is needed sometimes.
As for the electoral system for mayors, we are not proposing to change that just now.
My Lords, my noble friend the Minister will be aware, I hope, that as a former Minister for Yorkshire and the Humber I am a huge supporter of devolution and I welcome the White Paper. However, I also know that, for devolution to work, it needs strong support through organisations such as the sadly abolished regional development agencies. To avoid what she called micromanagement, can she assure me that there will be proper support from the Civil Service, perhaps even by moving civil servants out of London to the regions to deliver the devolution settlement?
I thank my noble friend and she is quite right. I remember very well the regional development agencies, back in the day. Some of the departments in government already have a regional presence. My own department has offices in each of the regions, and we intend to extend that and offer a widespread programme of secondments to regions. I think it will be of real benefit to the Civil Service to be working in our regions and then bringing that back to central government, or the other way round: working in central government and going out to the regions. I look forward to seeing how that programme develops. My noble friend is right to say that it will be very important to see that the offices in our regions are fit and well equipped to serve the mayors and combined authorities.
(1 week, 1 day ago)
Lords ChamberThe noble Baroness makes a very important point. I understand that accessibility in new homes—and accessibility standards for buildings in general—is an important concern. Housing is one of this Government’s top priorities. Everyone deserves to live in a decent home where they feel safe. We will set out our policies on accessible new-build housing shortly, and we will make sure that accessibility is a part of the discussion when we bring forward our new housing strategy.
My Lords, in planning for older people in housing and with regard to accessibility, is it not also important to ensure that this accommodation is near accessible bus routes, for example? Will my noble friend the Minister look at how devolved powers can be used to ensure that local authorities work together with, for instance, local bus companies to ensure that proper provision is provided for older people in what can be isolated areas?
My noble friend makes a very important point. I will take it away with me and discuss it with Minister Pennycook. It will also be a cross-departmental discussion with the Department for Transport to ensure that the particular issues that my noble friend raises are addressed and thought of when moving forward so that we can make not only the house accessible within, but the route to the house.
(1 week, 5 days ago)
Lords ChamberThe noble Lord is quite right to raise this. I am pleased to say that we have today published the National Planning Policy Framework, which sets out a broad framework of advice for local authorities. This is a particular issue, and we have set up our acceleration scheme to make sure that those sites that are stalled can be brought into use as quickly as possible. The department will work with all areas that have stalled housing sites to find out what the blockages are and make sure that we support them as they work to get those sites released as quickly as possible.
My Lords, my noble friend the Minister referred in her Answer to the issue of local skills, particularly for young people, which will be absolutely essential to fulfil the targets. But this will require cross-departmental working to assist local authorities to draw up strategies involving local employers, schools, UTCs and colleges. Can she assure me that this work is taking place at governmental level to help with devolving powers?
(2 weeks, 5 days ago)
Lords ChamberMy Lords, I congratulate my noble friend Lady Warwick of Undercliffe on securing this debate and on her powerful opening speech. It is a pleasure to follow the noble Baroness, Lady Bennett of Manor Castle, and to have been here for the valedictory speech of the most reverend Primate the Archbishop of Canterbury, with his brilliant description of why housing is so important to society. It was also a pleasure to hear the tribute from the noble Lord, Lord Griffiths of Burry Port. I am a newbie to this House, but, having heard the most reverend Primate’s speech, I can absolutely see how much his contributions will be missed.
I will focus on the plight of young people facing homelessness or struggling to get on the housing ladder and, in doing so, I pay tribute to the work of the organisation Doncaster Housing for Young People. I was patron of the organisation when I was an MP and saw at first hand many of the challenges faced by young people in Doncaster, which were exacerbated by cuts to local authority budgets and a shameful lack of social housing, not just in Doncaster but nationwide. That is why I particularly welcome this Government’s strong focus on a cross-government homelessness strategy and commitment to build 1.5 million homes in England, which was reiterated by the Prime Minister this morning, with a focus on building new social homes for rent and protecting existing social housing, driven through by the Deputy Prime Minister, Angela Rayner.
A cross-government approach is so important because the experience of people such as Stuart Shore and Michéle Beck from Doncaster Housing for Young People is that so many problems for young people start if they grow up in poverty and have little family support around them. Growing up in poverty, as the noble Lord, Lord Bird, said, does not necessarily mean that people will inevitably become homeless, but virtually all the young people who Doncaster Housing for Young People supports come from disadvantaged backgrounds. That is why the Sure Start programme of the last Labour Government was so valuable and why the emphasis on pre-school support to families under this Government is going to be so important, bringing in with it the Department for Education.
Doing poorly at school and lacking skills has long-term consequences. It reduces employment prospects, which inevitably leads to difficulties in getting affordable and stable accommodation. Access to breakfast clubs, mental health support, mentoring support to equip young people —as the Government have promised through the Departments for Education, Health and Business, through the newly created Skills England agency—are absolutely crucial. The DWP goal of “earning or learning” might seem a tough message but is, in my view, essential.
As we follow the journey of a young person, we then come to the world of work. Too many young people are employed in low-paid jobs, often part-time, on zero-hour contracts with fluctuating incomes, which leads to them facing huge challenges not only in gaining tenancies but in maintaining them. The problems they face with instability of this sort are compounded when it comes to accessing universal credit, for example, which leads to further insecurity. That is why I welcome the changes to zero-hour contracts and increasing job security, as these will be vital to giving young people security at work and helping them get into rented accommodation or on to the housing ladder.
For many young people, navigating systems such as the jobcentre can be particularly daunting due to the reliance on online platforms. A young person who loses access to the internet can lose access to their universal credit portal, leading to sanctions, delayed payments and mounting rent arrears. That is where I think an enhanced role for jobcentres, as proposed by Secretary of State Liz Kendall, is absolutely right. There has been some very good work done in Doncaster to give wraparound support to young people, tailored to their individual needs. Again, that is incredibly important, so, if that role of jobcentres can be expanded, it would be very welcome.
We have to recognise that single individuals under 35 face significant housing challenges with the capping of the housing benefit for under-35s. I know that this is a matter for the Treasury, but I hope the Minister will consider this in developing the homelessness strategy. My noble friend Lord Griffiths of Burry Port, in his tribute, gave some erudite quotations. My quotation is from a musical that I think might well have been written by some Member of your Lordships’ House:
“All I want is a room somewhere
Far away from the cold night air”.
I fear that, for too many young people at the moment, this is out of their reach. But I firmly believe that, if the Government work across departments, they can, and should, make a difference that will benefit not just young people but all of society.
(1 month, 1 week ago)
Lords ChamberTo ask His Majesty’s Government what steps they are taking to increase voter registration and participation.
My Lords, as set out in our manifesto, this Government are committed to improving electoral registration and democratic participation. We will lower the voting age to 16 for all UK elections to widen democratic participation and encourage a lifelong commitment to voting. We are also exploring options to improve registration, including using data and online services to facilitate registration and increase registration rates. Changes will be informed by evidence and user research.
I thank my noble friend the Minister for that Answer, especially regarding data sharing. Can he assure me that he will give serious consideration to the Electoral Commission’s recommendation that there should be a requirement on public bodies to share data with electoral administrators? Will he also look at allowing young people to use, for example, student cards and travel cards as ID when voting, following the very welcome change to the use of veteran cards?
My noble friend makes an excellent point. We are exploring options to utilise data held by public bodies to encourage electoral registration, including what more can be done to enable electoral administrators to obtain local data. We are working with the Electoral Commission on this. On voter identification documents, as part of our commitment to expanding the voter franchise to 16 and 17 year-olds, we need to consider whether the requirements and patterns of ownership of identity documents for identification differ for younger voters. If we find that the list of accepted identification documents needs to be revised, the Government will bring forward proposals in due course.
(2 months ago)
Lords ChamberI welcome the noble Baroness back to her place. I have set out our views about delivering the biggest increase in social and affordable housing. We have asked Homes England and the Greater London Authority to maximise the number of social rent homes when allocating the remaining affordable homes programme funding. Significant sums of that funding have indeed been dedicated to London. We are extending the programme’s completion deadline for all schemes in London from March 2029 to March 2030, and we are enabling the Greater London Authority to fund intermediate rent homes, within the 2021-26 programme, at a maximum of 80% of market rents. I hope that reassures the noble Baroness that we take the issue of housing in London seriously.
My Lords, does my noble friend the Minister agree that one of the consequences of a lack of social and council housing has been the growth of houses in multiple occupation? Can she assure me that she will look at giving councils adequate powers to deal with houses in multiple occupation, which can cause problems not only for those living in them but for local communities?
I agree that some houses in multiple occupation cause problems, but they can also provide a low-cost housing solution at certain times. However, it is important that local authorities have the powers to deal with this in their own areas. Following the recent consultation on the National Planning Policy Framework, we will look carefully at councils’ responses to see whether they have requested further powers to deal with HMOs.
(7 months, 1 week ago)
Commons ChamberI have spoken in many Adjournment debates over the last 37 years, but seldom with an audience in such high drama—[Interruption.]
Order. They seem to be leaving. Perhaps we should wait until things have settled down a little before continuing.
I hope it is clear that they are leaving not because I am rising to speak, but because of the dramatic events we have just witnessed. I hope it is duly noted that I was the one-vote majority.
I dedicate this debate to a two-year-old boy. His name was Awaab Ishak, and he was the boy who died of damp. Awaab died because he lived in a house so affected by dampness and the mould that ineluctably followed. Innumerable complaints were made, unattended to, of dampness in the house owned by his landlord Rochdale Boroughwide Housing, one of the worst housing associations in England—pity Awaab—in a town with an incompetent, inefficient and, indeed, corrupt Labour council. The housing association has been in special measures because of its extreme incompetence and social exclusion. It is officially accused of othering many of its own tenants. Little Awaab would now be getting ready for school, but he is dead. And he died of damp.
Of course, this problem is not unique to Rochdale. Millions of homes in our country are unfit for purpose and unfit for human habitation. Government policy over many years has exacerbated that which has been inherited from previous generations.
(7 months, 2 weeks ago)
Commons ChamberThe hon. Gentleman is making really important points about the loss of life in mining disasters, a number of which occurred in my constituency too. However, there is the ongoing legacy of industrial disease. Yesterday, I spoke to some miners from the midlands, who were lobbying Parliament and pointed out the injustice of the current schemes. One of them was suffering from chest disease—chronic obstructive pulmonary disease. To qualify for compensation, the requirement was 20 years of underground work, but he had worked only 19 years, so he was excluded. There are a number of other examples like that.
Order. If the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) finds that he is having difficulty speaking and wants to take some time, I could move to the next speaker and come back to him.
I think that I will be okay, Madam Deputy Speaker. I have had a drink, so I will continue.
I thank the hon. Gentleman for his intervention. I totally agree that the system is terribly unjust and that those miners should be properly compensated.
With great difficulty, I resist the temptation to mention the part played in the demise of the coal industry by the actions of the late former Prime Minister, Margaret Thatcher. [Interruption.] The closure of the coalmines and the subsequent—[Interruption.] I am sorry, Madam Deputy Speaker; I will take a minute.
It is a pleasure to follow the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans). As the proud chair of the all-party parliamentary group on coalfield communities, it is a privilege to speak in this debate. I put on record my thanks to the vice-chairs, my hon. Friend the Member for Easington (Grahame Morris) and the hon. Member for Leigh (James Grundy), who sadly is no longer in his place, for securing today’s important debate. I also thank the other vice-chair, the right hon. Member for Midlothian (Owen Thompson), who is in his place, and the former vice-chair, the hon. Member for Newcastle-under-Lyme (Aaron Bell), who had to resign following his elevation to the Government Whips Office.
Before I begin, it is important to emphasise that former coalfield areas make up a significant part of the country, spanning Wales, Scotland and England, with a combined population larger than Scotland, at around 5.7 million people. These areas are far too big to be ignored. As the daughter and granddaughter of former miners, this topic is of great significance to me, and to many of my constituents in Pontypridd and Taff Ely. This year is the 40th anniversary of the start of the miners’ strike. My father, who was at Orgreave, was one of those who went out on strike. The values he stood for—community, dignity and fairness—are the same values I seek to uphold. Even a generation on, the pain for those affected is still raw, yet the legacy of coalmining is about so much more than the miners’ strike. Coal is no longer dug in our areas, but that rich seam that powered Britain’s industrial revolution still runs deep in the veins of our communities. The closure of the mines may be in the past, but the people living with the consequences are not. They are living, breathing communities.
For the generation, which includes me, that has grown up since the strike, the challenges are different. Coalfield communities no longer suffer the mass unemployment of the ’80s and ’90s, but are we to believe that this change is progress? Truth be told, many former coalfield areas still lag behind much of the rest of the country. In some places, the number of jobs lost may have been replaced, but in far too many cases the respected skilled mining and engineering jobs have been replaced with low quality, poorly paid employment. That was starkly highlighted by the all-party group’s recent report, “Next Steps in Levelling Up the Former Coalfields”. I am immensely grateful to my colleagues on both sides of the House who helped shape that report, and I pay tribute to the Industrial Communities Alliance, without which the inquiry and subsequent report would not have been possible. The report represents a pivotal moment in the coalfield regeneration agenda, and sets out key steps for improving former mining communities. For the sake of time, I will focus on just a few.
Strong policies are needed to grow local economies in our former coalfields. That means an end to the city-centric model of growth. Let us be clear: the idea that growth in the cities will inevitably trickle down to our towns and mining villages is utter nonsense. Coalfield communities have a strong identity. In many cases, if people have to move away for work or commute to nearby cities, it is because they have no choice. The Government’s levelling-up initiatives are, sadly, just a slogan. We need to be honest about what small, short-term pots of money are expected to achieve. There needs to be a new model of local and regional development that places the emphasis on growing local economies, and that provides long-term financial certainty to local authorities and other partners and stakeholders.
One way in which we can develop coalfield economies is by investing in suitable premises for small and medium-sized businesses. The Coalfields Regeneration Trust has a successful model of investing in units for small firms, and recycling the profits to support the local community. The winding up of the coalfields enterprise fund and the coalfields growth fund has resulted in an unexpected windfall for the Treasury of some £15 million. That may be small change to the Treasury, but for our communities it could be transformational. It is therefore disappointing that the Government have so far refused to return that money to the coalfields to support a tried and tested investment programme.
While I am on the topic of money coming back to our communities, I briefly want to mention CISWO—the Coal Industry Social Welfare Organisation—which was set up to support assets following the closure of our mines. The assets—our miners’ welfare hall, playing fields, facilities and village halls—were paid for by the miners and bestowed in trust to that organisation. Sadly, so many Members in this place have shared frustration about the woeful and appalling operation, management and engagement of the charity. I urge the Minister to look into this as a matter of urgency and to talk to the charities Minister about what can be done. Enough is enough. We need direct action about exactly what is happening in our communities as a result of this charity’s actions.
Let me express further disappointment, as others have, in the Government once again rejecting the recommendations of the Business and Trade Committee about renegotiating the mineworkers’ pension scheme. The Treasury has already surpassed £5 billion of surpluses. Surely, at a time when many families not just in my constituency but across the country face hardship in the cost of living crisis, it is only fair that the miners who contributed to the scheme be entitled to a fairer share of the surpluses.
In addition to the Committee’s recommendations, the APPG recently celebrated the publication of the “State of the Coalfields” report, commissioned by the Coalfields Regeneration Trust. The CRT does fantastic work to breathe life back into our former coalfields, and I was proud to join the organisation to celebrate the launch. However, its findings only reiterate the necessity of the ICA’s recommendations. For example, the city-centric factor that I mentioned is backed up by the report’s findings that more older people live in our former coal- fields than younger people, with younger people graduating and moving away to cities to seek job opportunities and, sadly, not returning. These factors are pushing our former coalfields even further behind, as the employment gap causes an increase in benefit claimants and people having no choice but to commute to cities for work.
The report found that, among the four focus areas analysed, south Wales performed the worst for employment shortfall and for the number of out-of-work benefits claimants, which is of deep concern to me as a south Wales MP. Upon individual inspection we can see progress for our former coalfields, but they lag behind the rest of the UK. The report found that the average hourly earnings for former coalfield areas are 6% to 7% lower than the national average, which is shocking. We truly have a lot of work to do, but thanks to this fantastic report we have a way to do it, and a way to navigate it has been paved.
I understand more than most the importance of devolution and the power of giving local communities the autonomy to make change. However, in the case of coal tip safety, it is anomalous that the Welsh Government should be financially responsible for addressing a pre-devolution issue when other legacies of the coal industry, such as water pollution, gas leaks and pit shaft safety, are the responsibility of the UK Government-funded Coal Authority. Because of the landscape of the Welsh valleys, our communities are more at risk than those in any other part of the UK. The prospect of any repeat of the terrible tragedy of Aberfan is truly unthinkable. As a result, the burden of making coal tips safe has fallen disproportionately on the Welsh Government and local authorities in Wales. That cannot be fair.
When I spoke of values such as community, dignity and fairness, it was not in the vague, philosophical sense; these recommendations are the practical application of those values. Just as my father stood up for his community 40 years ago, it is incumbent upon us to stand up for our coalfield communities. We must take the next steps needed to ensure that they are fairer and more prosperous for the next 40 years.
Would the hon. Gentleman like to finish his speech?
(7 months, 4 weeks ago)
Commons ChamberI very much welcome this Bill and I congratulate my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) on getting it this far and on advocating so passionately for our high streets. This Bill, which requires local authorities to designate streets in their area as high streets and develop an improvement plan, especially without that upper limit of three streets that can be designated as high streets, will provide a framework for our many local authorities to do more to support this important part of what my hon. Friend called the beating heart of our communities. He is absolutely right to term it in that way.
It is a great pleasure to follow my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken). I was particularly struck by her drawing out of the concept of neighbourhood high streets. Although she obviously represents a far more urbanised area than I do, in my constituency we have both a town centre and other neighbourhood high streets, which need the support and help of our local authority just as the town centre does. That is an important thing to think about as this plan goes forward, and I am sure the Minister will reflect on that in his comments.
A picture has been painted already of the importance of high streets, so I will simply add that a recent poll found that 80% of respondents thought it very important that their high street was kept alive and healthy. That said, our town centres are incredibly fragile at the moment and they do need more protection. I think this Bill will incentivise local authorities to do the right thing and to have plans in place.
The economic benefits of town centres to our local economies are huge and considerable. Certainly in Basingstoke my town centre and high street service and support one of the largest centres of employment in the south-east. Not only residents but workers who come to Basingstoke, day in, day out use it. Town centres and high streets in our town centres promote civic pride and social cohesion and, as the hon. Member for North Tyneside (Mary Glindon) said, they are places where we gather. That is an important part of their role as well.
However, high streets and town centres face considerable challenges, which is why I am speaking in support of this Bill today. My hon. Friend the Member for Cities of London and Westminster referred to shoplifting, and I think every hon. Member taking part in this debate will recognise the incredible way in which shoplifting has been turned into, frankly, organised crime. Individuals are organising themselves to go into shops regularly to steal large quantities of often high-value items.
I am pleased to say that the police and crime commissioner in my county of Hampshire, Donna Jones, has gone above and beyond in addressing the issue of shoplifting, particularly by supporting facial recognition technology, which will help our local retailers on our high streets immensely to do something about that appalling crime. She has reinstated the important beat bobbies in every single one of my communities—not just in Basingstoke, but throughout Hampshire—and made sure that they will be there to collect the evidence and intelligence on the gangs and individuals organising shoplifting. The police forces in our various parts of the country have an important role to play in the future health of our high streets. I know my hon. Friend the Member for Stoke-on-Trent South will be looking for ways to ensure that they are absolutely at the heart of his Bill, so that our high streets are healthy for the future.
As has been said, the reality for many retailers and service providers is that what they traditionally offered face to face can now—perhaps more conveniently for some—be purchased or procured online. Shopping habits and consumer behaviour were already changing before the pandemic, but the change has accelerated enormously, forcing our high streets to think carefully about their role in the future. It is not just retail parks that are a threat to the future of our high streets; it is more fundamental than that, so it will be important that local authorities take consumers’ and shoppers’ behaviour into account when they look at the Bill as it is rolled out.
My “high street” in Basingstoke—the town centre is a network of streets and one very large shopping centre—has been considering this issue for a number of years. Back in 2021, thanks to the leadership of then council leader Simon Minas-Bound, we put in place a blueprint for our town centre that is very similar to what my hon. Friend is calling for in his Bill. It was approved in December 2022 under the then Conservative administration. It is called the “Town Centre Strategy”, and it is designed to attract more footfall to the town centre, based on changing consumer needs. It looks at how the environment can bring greater vibrancy, and therefore greater prosperity, to the town centre. The strategy was developed with extensive public engagement: there were more than 3,000 responses to the consultation. The masterplan that has been developed uses the historical layout of Basingstoke to reimagine the current town centre, not for the next five or 10 years, but for the next 30 years, so that our town is fit for the future.
That town centre plan must look at the heritage of our community. I felt it was important, at the heart of the future of Basingstoke, to recognise our incredible history. Jane Austen, the novelist, used to go shopping in Basingstoke, and I was very pleased to work with a number of local people, including the sculptor Adam Roud, to put a lasting memorial in my town centre to that incredible Hampshire citizen. The hon. Member for North Tyneside talked about remembering one of the sons of her community, and I made sure we were remembering one of our daughters. Jane Austen is a fantastic person to have as part of our history.
There is also the Willis Museum and Sainsbury Gallery and the marketplace. All that history and richness has to be central to the way we press forward with Basingstoke. Consumers’ changing needs and demands mean that they may not go to their local high street only to shop, even though we continue to value the independent retailers and the pubs and clubs that populate our town centre. They are also looking for experiences and entertainment, and our history will enable us to make a unique entertainment offer in our town centre.
I absolutely agree that this Bill promotes a way for our local authorities to ensure that they do the utmost to support our high streets and make the most of them as a way of creating successful communities for the future. It will put the beating heart into our communities, and I very much commend my hon. Friend the Member for Stoke-on-Trent South for all the work he has done to bring forward the Bill.
(8 months ago)
Commons ChamberI beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following: 8 Housing Act 1988 Section 16D, 16E Duties on landlords and agents as regards information provision and prohibition on reletting 9 Renters (Reform) Act 2024 Sections 48 Landlord redress provisions 10 Renters (Reform) Act 2024 Section 69 Active landlord database entry”. “1, 1A, 1B, 2, 2ZA, 2ZB, 4A, 6, 6A four months beginning with the date of service of the notice 5, 5A, 5B, 5C, 5D, 7, 9 two months beginning with the date of service of the notice”.
Government new clause 30—Assessment of operation of possession process.
Government new clause 13— Sections 1 and 2: effect of superior leases.
Government new clause 14—Powers of Secretary of State in connection with Chapter 1.
Government new clause 16—Power of Welsh Ministers to extend protection to persons of other descriptions.
Government new clause 17—Power of Secretary of State to extend protection to persons of other descriptions: Wales.
Government new clause 18—Prohibition of discrimination relating to children or benefits status: Scotland.
Government new clause 19—Terms in standard securities relating to children or benefits status: Scotland.
Government new clause 20—Terms in insurance contracts relating to children or benefits status: Scotland.
Government new clause 21—Power of the Scottish Ministers to extend protection to persons of other descriptions.
Government new clause 22—Interpretation of Chapter 4A.
Government new clause 23—Power of Scottish Ministers to make consequential provision.
Government new clause 24—Power of Secretary of State to extend protection to persons of other descriptions: Scotland.
Government new clause 25—Landlord redress schemes: no Crown status.
Government new clause 26—Other amendments in connection with landlord redress schemes.
Government new clause 27—Commencement.
Government new clause 28—Application of Chapter 1 of Part 1.
Government new clause 29—Assured agricultural occupancies: opting out etc.
Government new clause 31—Local Commissioners’ investigation of complaints by persons who are not tenants.
Government new clause 32—Unlicensed HMOs and houses: offences.
Government new clause 33—Service of improvement notices on landlords and licensors.
Government new clause 34—Rent repayment orders: liability of directors etc.
Government new clause 35—Report on certain matters relating to tenancy reform.
Government new clause 36—Report on provision of residential tenancies.
New clause 1—Repeal of requirement for selective licensing—
“Part 3 of the Housing Act 2004 (Selective licensing of other residential accommodation) is repealed.”
This new clause would remove the ability of local housing authorities to designate areas as subject to selective licensing.
New clause 2—Expanding the remit of rent repayment orders to company directors—
“In section 249A of the Housing Act 2004, after subsection (1) insert—
‘(1A) If a local housing authority believes that a relevant housing offence has been committed by a body corporate, it may impose a financial penalty on—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person purporting to act in such a capacity,
if it is satisfied, beyond reasonable doubt, that the offence was committed with the consent or connivance of that person, or that the offence was attributable to any neglect on the part of that person.’”
This new clause would enable local housing authorities to impose financial penalties on certain individuals when it believes a housing offence has been committed by a body corporate.
New clause 3—Evidence to consider when granting possession order for anti-social behaviour—
“In section 9A of the 1988 Act, after subsection (2) insert—
‘(3) In considering evidence of conduct the court may consider evidence provided by way of hearsay and that evidence will be admissible without notice or permission of the court notwithstanding any rule of the court or the common law.’”
This new clause would enable courts to consider hearsay evidence during the course of proceedings for possession on the grounds of anti-social behaviour.
New clause 5—Review of changes to grounds for possession—
“(1) The Secretary of State must, within two years of the date of Royal Assent to this Act, conduct and lay before Parliament a review of the grounds for possession in Schedule 2 of the Housing Act 1988, as amended by this Act.
(2) The review must include—
(a) an assessment of the effectiveness of the new or amended grounds for possession set out in Schedule 1 of this Act in securing evictions from properties;
(b) an assessment of the impact on the security of tenure of tenants as a result of the use of the new or amended grounds for possession set out in Schedule 1 of this Act;
(c) a report on the use of enforcement action in relation to the new or amended grounds for possession set out in Schedule 1 of this Act;
(d) an assessment of the effectiveness of the grounds for possession listed in Schedule 2 of the Housing Act 1988 in securing evictions from properties that remain unamended by Schedule 1 of this Act.
(3) The review under subsection (1) must make such recommendations as, in the opinion of the Secretary of State, are necessary in the light of the findings of the review.”
This new clause would require the Government to publish a review of the impact of the amended grounds for possession within two years of the Act coming into force.
New clause 6—Requirement to state the amount of rent when advertising residential premises—
“(1) A landlord must not advertise or otherwise offer a tenancy of residential premises unless the amount of rent is stated in the advertisement or offer.
(2) A letting agent acting on behalf of a landlord must not advertise or otherwise offer a tenancy of residential premises unless the amount of rent is stated in the advertisement or offer.”
This new clause would require landlords or persons acting on their behalf to state the proposed rent payable in the advertisement for the premises.
New clause 7—Not inviting or encouraging bids for rent—
“(1) A landlord must not invite or encourage a prospective tenant or any other person to offer to pay an amount of rent for residential premises that exceeds the amount of rent stated as part of the advertisement or offer of the premises as required by section [requirement to state the amount of rent when advertising residential premises].
(2) A letting agent acting on behalf of a landlord must not invite or encourage a prospective tenant or any other person to offer to pay an amount of rent for residential premises that exceeds the amount of rent stated as part of the advertisement or offer of the premises as required by section [requirement to state the amount of rent when advertising residential premises].
(3) Subsection (1) does not prohibit a prospective tenant or other person from offering to pay an amount that exceeds the stated amount of rent.”
This new clause would prevent landlords or persons acting on their behalf from inviting or encouraging bids that exceed the amount stated as part of the advertisement or offer of the premises.
New clause 8—Limit on amount of rent that a residential landlord can request in advance—
“In Schedule 1 to the Tenant Fees Act 2019, after paragraph 1(8) insert—
‘(9) Where rent is payable in advance, the maximum that may be charged is equivalent to the amount specified in paragraph 2(3).’”
This new clause would ensure that the maximum amount of rent that could be lawfully requested by a residential landlord in advance of a tenancy commencing would be 5 weeks’ rent for tenancies of less than £50,000 per annum and to 6 weeks’ rent for tenancies over £50,000 per annum.
New clause 10—Extension of Awaab’s law to the private rented sector—
“(1) Section 10A of the Landlord and Tenant Act 1985 is amended as follows.
(2) Omit subsections (1)(b) and (6).
(3) In subsection (7), omit the definitions of ‘low-cost home ownership accommodation’ and ‘social housing.’”
This new clause would require private landlords to deal with hazards affecting their properties.
New clause 11—Ending blanket bans on renting to families with children or those in receipt of benefits—
“The Secretary of State may, by regulation, specify behaviour which, for the purposes of Part 4, Equality Act 2010, shall be considered unlawful discrimination unless the contrary is shown.”
This new clause would ensure that blanket bans on renting to families with children or those in receipt of benefits are presumed to be unlawful discrimination unless proved otherwise.
New clause 12—Discrimination relating to care-leaver status—
“(1) The provisions of this section apply to individuals who are—
(a) a relevant child as defined by section 23A of the Children’s Act 1989; or
(b) a former relevant child as defined by section 23C of the Children’s Act 1989.
(2) A relevant person must not, in relation to a dwelling that is to be let on a relevant tenancy—
(a) on the basis that the individual meets either of the criteria set out in subsection (1), prevent the person from—
(i) enquiring whether the dwelling is available for let,
(ii) accessing information about the dwelling,
(iii) viewing the dwelling in order to consider whether to seek to rent it,
(iv) entering into a tenancy of the dwelling, or
(b) apply a provision, criterion or practice in order to make care leavers less likely to enter into a tenancy of the dwelling than people who are not care leavers.
(3) Subsection (2) does not apply if the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—
(a) to which section 33 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy from being a care-leaver,
and the conduct is a means of preventing the prospective landlord from breaching that term.
(4) Conduct does not breach the prohibition in subsection (2) if it consists only of—
(a) one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—
(i) publishing advertisements or disseminating information;
(ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant;
(iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or
(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.”
New clause 37—Extension of rent repayment orders—
“(1) In Section 40(3) of the Housing and Planning Act 2016, at end of table insert—
This new clause would ensure that rent repayment orders can be made to the landlord under the relevant tenancy in any instance where a financial penalty or offence is made relating to clauses 11, 12, 48 or 69 of the Bill.
New clause 38—Continuing ability of tenants to sublet—
“(1) In any lease of residential property which is not by virtue of this Act an assured tenancy—
(a) any provision which restricts subletting to assured shorthold tenancies shall be interpreted to refer to assured tenancies; and
(b) any provision which would make the grant of an assured tenancy a breach of that provision shall be void unless—
(i) that provision is an absolute prohibition against subletting; or
(ii) the lease has less than seven years unexpired.
(2) Any provision which requires the consent of a landlord or other person to the grant of a subtenancy shall be interpreted so that consent may not be refused on the grounds that the subtenancy is an assured tenancy or on the grounds of any statutory provision of that tenancy.”
This new clause seeks to ensure that persons who are tenants under a long lease can continue to sublet residential premises in circumstances where they were previously permitted to do so under the long lease on the basis that the sublease was an assured shorthold tenancy.
New clause 39—Payment of relocation payment to tenant—
“In the Housing Act 1988, after section 11 insert—
‘11A Payment of relocation payment in certain cases
(1) Where a landlord issues a notice of proceedings for possession of a dwelling-house on any of the grounds in Schedule 2 to this Act (except Ground 7A or Ground 14) within two years of the start of the tenancy, the landlord shall pay a relocation payment to the tenant.
(2) A relocation payment shall be an amount equivalent to—
(a) one month’s rent in the case of an order for possession on Ground 1 or Ground 1A;
(b) two months’ rent in the case of an order for possession on any other ground.
(3) The relocation payment shall be made no less than two weeks before the date specified in the notice of proceedings for possession.’”
This new clause would require landlords to pay a “relocation payment” to tenants when evicting them from their property within two years of the start of the tenancy, except on the grounds of crime and antisocial behaviour.
New clause 40—Guarantor to have no further liability following death of tenant—
“(1) Subject to subsection (3), a guarantee agreement relating to a relevant tenancy ceases to have effect upon the death of a relevant tenant.
(2) Upon the death of a relevant tenant the guarantor in respect of a relevant tenancy shall incur no further liability in relation to matters arising under the tenancy.
(3) Nothing in this section shall affect the liability of a guarantor in relation to matters which arose before the date of the death of the relevant tenant.
(4) In assessing any liability under subsection (3), account shall be taken of any tenancy deposit paid in respect of the tenancy.
(5) Where there is more than one relevant tenant, this section shall apply only upon the death of both or all of the tenants.
(6) In this section—
‘guarantor’ means a person who enters into a guarantee agreement in relation to a relevant tenancy;
‘guarantee agreement’ means a contractual promise (whether incorporated in or separate from the tenancy agreement) to indemnify or compensate a relevant person in respect of an obligation under the tenancy if the tenant fails to perform or comply with the obligation;
‘relevant tenancy’ has the same meaning as in section 36, and ‘relevant tenant’ is to be interpreted accordingly;
‘tenancy deposit’ has the same meaning as in section 212(8) of the Housing Act 2004.”
This new clause would mean that guarantors in relation to a tenancy have no liability for future matters arising from the tenancy after the tenant has died.
New clause 41—Prohibition of requirement for rent guarantors—
“(1) A relevant person may not, in relation to a dwelling that is to be let on a relevant tenancy—
(a) require the provision of a rental guarantor or an equivalent upfront payment;
(b) let the relevant tenancy on the basis of being offered a rental guarantor or an equivalent payment by a prospective tenant.
(2) For the purposes of this section, ‘relevant person’ and ‘relevant tenancy’ have the meanings given in section 36 of this Act.”
This new clause would prohibit landlords from requiring prospective tenants to provide rent guarantors or equivalent upfront payments, and prohibit them from prioritising prospective tenants who offer them over those who do not.
Government amendments 200 to 205 and 57.
Amendment 14, in clause 3, page 3, leave out lines 21 to 23 and insert—
Government amendments 56, 58 and 59.
Amendment 15, page 3, line 33, at end insert—
“(4) The Secretary of State must lay before Parliament a review of the changes to grounds for possession made under this Act within two years of the date of Royal Assent.”
Government amendment 206.
Amendment 21, in clause 6, page 7, line 4, at end insert—
“13B Recovery of rent
(1) Any increased rent which is paid otherwise than in accordance with section 13 or section 13A is recoverable from the landlord by the tenant as a debt claim in the courts.
(2) The Secretary of State may, by regulations, provide for such claims to be recoverable by proceedings in the First-Tier Tribunal, rather than the courts.”
This amendment would ensure that in instances where a private landlord increases the rent without issuing a section 13 or section 13A notice the tenant can seek to recover costs through a debt claim in the court. It also provides the government with the power by regulation for such claims to be recoverable by tribunal.
Government amendment 207.
Amendment 261, in clause 7, page 8, line 2, at end insert—
“(c) in paragraph (c), at end insert—
‘and,
(d) that it was financed or part-financed by a means-tested grant’.”
This amendment will prevent rents from being increased by a tribunal as a consequence of improvements to properties that have been financed or part-financed by a means-tested grant.
Amendment 22, page 8, line 9, at end insert—
“(7A) After subsection (8) insert—
‘(8A) Where a notice under section 13(2) has been referred to the appropriate tribunal then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the same or below the rent specified in the section 13 notice and the rent as determined by the tribunal shall only become payable once the decision of the tribunal has become final.
(8B) A decision becomes final only on the latest of—
(a) the determination of any appeal;
(b) if earlier, on the expiry of the time for bringing a subsequent appeal (if any); or
(c) by its being abandoned or otherwise ceasing to have effect.’”
This amendment would ensure that where a rent assessment is carried out by a tribunal, the rent subsequently determined by that tribunal cannot be higher than that originally requested by a landlord in a section 13 notice.
Amendment 13, page 8, line 20, at end insert—
“(c) no more than the rent proposed by the landlord in the notice served on the tenant under section 13 of the 1988 Act.”
This amendment would mean that the rent payable after a tribunal determination can be no higher than the rent initially proposed by the landlord in the notice served on the tenant.
Amendment 23, page 9, line 5, at end insert
“which must be no earlier than two months following the date of determination”.
This amendment would ensure that in cases of undue hardship tenants would have a minimum of two months from the date of determination before a new rent became payable.
Amendment 24, page 9, line 6, leave out subsection (4) and insert—
“(4A) A date specified under subsection (3)(b) must be no earlier than the date on which the determination becomes final, with a decision only becoming final on the latest of—
(a) the determination of any appeal;
(b) if earlier, on the expiry of the time for bringing a subsequent appeal (if any); or
(c) by its being abandoned or otherwise ceasing to have effect.”
This amendment would remove the requirement for a date determined by a court for rent to become payable in cases of undue hardship to not be later than the date of the determination.
Amendment 31, in clause 9, page 9, line 29, leave out “42nd” and insert “28th”.
This amendment would ensure a landlord gives or refuses consent in writing within 28 days of the request being made.
Amendment 32, page 9, line 30, at and insert—
“(d) the landlord may not review or withdraw consent once given.”
This amendment ensures that a tenant may keep a pet for the duration of their tenancy once consent has been given.
Government amendments 60, 208, 61, 209, 63, 210, 62 and 211.
Amendment 38, in clause 12, page 14, line 18, at end insert—
“(g) unreasonably refuse home adaptations for the purposes of a disabled person's access to or usage of the home.”
Amendment 11, page 14, line 21, after “dwelling-house” insert
“or the short-term let or holiday let”.
This amendment would clarify that a landlord cannot let a property as a short-term or holiday let for at least three months after taking ownership of the property for the purposes of them or their family occupying it.
Government amendment 64.
Amendment 1, page 14, line 26, after “dwelling-house” insert
“or the short-term let or holiday let”.
This amendment would clarify that a landlord cannot let a property as a short-term or holiday let for at least three months after taking ownership of the property for the purposes of them or their family occupying it.
Government amendment 65.
Amendment 2, page 14, line 28, after “dwelling-house” insert
“or the short-term let or holiday let”.
This amendment would clarify that a landlord cannot let a property as a short-term or holiday let for at least three months after taking ownership of the property for the purposes of them or their family occupying it.
Government amendments 66, 67 and 212.
Amendment 3, page 15, line 15, leave out “three” and insert “six”.
This amendment would increase the time which must elapse between a landlord taking ownership of a property for the purposes of them or their family occupying it and making the property available to rent from three months to six months.
Amendment 35, page 15, line 15, leave out “three” and insert “twelve”.
This amendment would extend the restricted period in relation to a tenancy in relation to which Ground 1 or 1A in Schedule 2 is relied on from three to twelve months.
Amendment 36, page 15, line 17, leave out subsection (b).
This amendment would ensure that the restricted period is as specified in (8)(a) in all circumstances.
Government amendments 68 to 75, 213, 214, 195, 215 to 217 and 76.
Amendment 6, in clause 17, page 25, line 18, after “given” insert
“not earlier than four months after a tenant first occupies the premises and”.
This amendment would mean that tenants cannot give notice to quit until they have resided in the property for at least four months.
Government amendments 77 to 80, 218 to 220 and 81 to 85.
Amendment 43, in clause 29, page 32, line 23, leave out “section 27 or 28” and insert
“sections 27, 28 or [Discrimination relating to care-leaver status]”.
Amendment 44, in clause 30, page 34, line 21, at end insert—
“(5) A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being—
(a) a relevant child as defined by section 23A of the Children’s Act 1989; or
(b) a former relevant child as defined by section 23C of the Children’s Act 1989.
(6) Subsection (5) does not apply if the landlord or a superior landlord is insured under a contract of insurance—
(a) to which section 33 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a relevant or former relevant child.
and the provision in the tenancy is a means of preventing the insured from breaching that term.”
Amendment 45, in clause 31, page 35, line 12, at end insert—
“(4A) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from prohibiting the tenant from being—
(a) a relevant child as defined by section 23A of the Children’s Act 1989; or
(b) a former relevant child as defined by section 23C of the Children’s Act 1989.
(4B) Subsection (4A) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—
(a) to which section 33 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a relevant or former relevant child.
and the provision in the lease is a means of preventing the insured from breaching that term.”
Amendment 46, in clause 32, page 35, line 30, at end insert—
“(3) A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a mortgagor to prohibit a tenant under a relevant tenancy or regulated tenancy from being—
(a) a relevant child as defined by section 23A of the Children’s Act 1989; or
(b) a former relevant child as defined by section 23C of the Children’s Act 1989.”
Amendment 47, in clause 33, page 36, line 2, at end insert—
“(2A) A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy or regulated tenancy from being—
(a) a relevant child as defined by section 23A of the Children’s Act 1989; or
(b) a former relevant child as defined by section 23C of the Children’s Act 1989.”
Government amendments 86 to 113, 115 and 116.
Government motion to transfer clause 40.
Government amendment 117 and 118.
Amendment 39, in clause 42, page 54, line 1, after “section 1” insert—
“(a) omit subsection (3);
(b) in subsection (3A) omit ‘the landlord of a residential occupier or an agent of the landlord’ and insert ‘a person’;
(c) after subsection (3B) insert—
‘(3BA) For the purposes of this subsection, services which are reasonably required for the occupation of the premises as a household include, but are not limited to—
(a) water,
(b) gas,
(c) electricity, and
(d) electronic communications networks and services’;
(d) omit subsection (3C);
(e)”.
This amendment would amend the offence of unlawful eviction and harassment of the occupier of a property under the Protection from Eviction Act 1977 so that the offence can be committed by any person (not just the landlord of their agent), and define the services with which interference can constitute an offence.
Amendment 40, page 55, line 2, at end insert—
“(3A) In section 3A, after subsection (9) insert—
‘(10) In any proceedings under any of the relevant statutory provisions in this Act, it shall be for the accused to prove that the tenancy or licence is excluded by virtue of subsections (2) or (3) above.’
(3B) After section 4 insert—
‘4A Rebuttable presumption of landlord
(1) In any action under Part 1 of this Act (including where a Financial Penalty Notice (FPN) is issued) there is a rebuttable presumption that the person to whom the residential occupier pays rent or other payments in respect of occupation of a dwelling is the landlord of the property.’
(3C) After section 7 insert—
‘7A Notification by the police
(1) Where a constable has reasonable cause to believe that an offence under the Protection from Eviction Act 1977 has occurred the constable must within 24 hours notify the authority named in section 6 as responsible for prosecution of offences in the area with the following information—
(a) the address where the alleged offence has happened;
(b) if known, the name of the landlord;
(c) if known, the name of the residential occupier;
(d) any facts known to the constable about the alleged offence.
(2) A police force has the power to assist an authority included in section 6 in the exercise of their functions under this Act.’”
This amendment would amend proceedings for offences under the Protection from Eviction Act 1977, so that it must be proved that a tenancy is an excluded tenancy, that there is a rebuttable presumption that the person to whom a tenant paid their rent is the landlord, and that the police must inform the relevant local authority when they suspect offences under the 1977 Act to have been committed.
Government amendments 119 to 121.
Amendment 4, in clause 45, page 59, line 36, after “landlord” insert
“who is not otherwise a member of an independent redress scheme approved by the Secretary of State.”
This amendment would only require a residential landlord to be a member of the landlord redress scheme introduced by Clause 45 if they are not already a member of another independent redress scheme which has been approved by the Secretary of State.
Government amendments 122 to 134.
Amendment 27, in clause 53, page 67, line 18, at end insert—
“(ba) details, which may include copies, of all notices seeking possession served by the residential landlord in respect of each dwelling of which he is the landlord, and”.
This amendment would require the database to record details of notices of possession served by a landlord in respect of each dwelling of which they are the landlord.
Amendment 42, in clause 55, page 68, line 27, at end insert—
“(ba) require the provision of information about the accessibility of the dwelling,”.
Amendment 12, page 68, line 33, at end insert—
“(2A) Regulations under subsection (1) must require—
(a) the energy performance certificate relating to a registrable dwelling to be provided to the database operator; and
(b) details of the energy performance certificate to be recorded in a dwelling entry in the database.”
This amendment would require Energy Performance Certificates in relation to relevant dwellings to be provided to the database operator and details to be recorded in the database.
Government amendments 135 to 137.
Amendment 37, in clause 76, page 84, line 34, at end insert—
“(e) any accommodation which is provided by the Defence Infrastructure Organisation to service individuals and families.”
This amendment would ensure that accommodation rented from the Defence Infrastructure Organisation by service individuals and families is subject to the Decent Homes Standard.
Amendment 7, page 85, line 26, leave out clause 78.
Amendment 41, in clause 78, page 86, line 4, after “(order),” insert—
“(a) in subsection (1), before ‘The First-tier Tribunal’ insert ‘Apart from offences for which subsection (1A) applies,’;
(b) after subsection (1) insert—
‘(1A) The First-tier Tribunal may make a rent repayment order if satisfied on the balance of probabilities that the landlord has committed an offence under section 1(2), (3) or (3A) of the Protection from Eviction Act 1977 (whether or not the landlord has been convicted).’;
(c) at the end of subsection (3) insert—
‘(d) section 46A (where an order is made against more than one landlord or there has been a previous order)’;
(d)”.
This amendment would lower the level of proof required in proceedings for a Rent Repayment Order in the First-tier Tribunal to the balance of probabilities for offences under the 1977 Act.
Government amendments 196, 138 and 139, 197, 140 to 144, 221, 145 and 146, 222 and 147 to 151.
Amendment 8, in clause 116, page 111, line 19, leave out “subsection (2)” and insert “subsections (1A) and (2)”.
This amendment is consequential on Amendment 9.
Amendment 28, page 111, line 19, at end insert
“, save that section 2(b) comes into force on the day on which this Act is passed only to the extent that it repeals section 21 of the Housing Act 1988; such repeal will not affect the validity of any notices served under that provision on or before the day on which this Act is passed and the provisions of that section will continue to apply to any claims issued in respect of such a notice”.
This amendment would ensure that the abolition of section 21 evictions would come into force on Royal Assent, with saving provisions for any notices served before that date.
Amendment 9, page 111, line 19, at end insert—
“(1A) Prior to laying regulations under subsection (1) the Secretary of State must commission and publish a review into the operation of residential possession proceedings in the County Courts used by residential landlords and tenants and the enforcement of possession orders.”
This amendment would require the Secretary of State to publish a review of the operation of residential possession proceedings before determining the commencement date for the provisions of Chapter 1 of Part 1.
Government amendments 152 to 157.
Government new schedule 1—Amendments in connection with landlord redress schemes.
Government amendment 223.
Amendment 48, in schedule 1, page 114, line 10, leave out “6 months” and insert “one year”.
Amendment 255, page 114, line 10, leave out “6 months” and insert “2 years”.
Amendments 255 and 256 would prohibit evictions under grounds 1 and 1A within two years of the beginning of a tenancy.
Government amendment 224.
Amendment 49, page 115, line 8, leave out “6 months” and insert “one year”.
Amendment 256, page 115, line 8, leave out “6 months” and insert “2 years”.
Amendments 255 and 256 would prohibit evictions under grounds 1 and 1A within two years of the beginning of a tenancy.
Government amendment 225.
Amendment 33, page 115, line 32, leave out sub-paragraph (a) and insert—
“(a) the landlord who is seeking possession intends to—
(i) sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;
(ii) re-let the dwelling house to another tenant pursuant to a Rent to Buy Agreement; or
(iii) retain and convert the home to rented housing on either an affordable or market rent basis;”.
This amendment covers the full scope of reasons that private registered providers of social housing may wish to use the new ground for possession 1B for to offer properties to another tenant.
Government amendment 158.
Amendment 34, page 116, line 12, leave out sub-paragraph (b) and insert—
“(b) allows the tenant to rent the dwelling house for a period stated in the agreement, which is not less than 5 years or, for dwelling houses in Greater London, 10 years from the beginning of the tenancy so as to enable the tenant to save for a deposit and, over time, purchase their first home.”
This amendment would ensure the wording for the definition of “Rent to Buy Agreement” at sub-paragraph (b) is an accurate reflection of the Rent to Buy product and is in line with the Capital Funding Guide.
Amendment 29, page 116, line 29, after “tenancy” insert
“(including any tenancy at will or other tenancy arising on expiry of a fixed-term lease)”.
This amendment would extend Ground 2ZA to apply in a situation where a tenancy at will may arise.
Government amendments 159 and 160.
Amendment 30, page 117, line 5, at end insert—
“(c) where the intermediate landlord serves notice under this Ground, the intermediate landlord shall be deemed to continue to hold sufficient interest in the dwelling-house to maintain a continuing right to possession until conclusion of any possession proceedings.”
This amendment would ensure that an intermediate landlord retains possession of the property and remains as the landlord of the occupying tenant until the conclusion of possession proceedings.
Government amendments 161, 163 and 164, and 226.
Amendment 5, page 118, line 4, after “HMO” insert
“or is occupied by one or two students”.
This amendment would mean that the ground for possession for student properties could also be used for properties occupied by just one or two students, which would not otherwise be considered as HMOs.
Government amendments 227 to 229.
Amendment 260, page 118, line 12, at end insert—
“(ca) the tenancy agreement was not signed earlier than March of the year in which the tenancy commenced.”
This amendment would end the pressure for joint tenancies to be signed too early in the academic year, committing students to accommodation before they are ready.
Government amendments 165 to 174, 230, 175 and 231 to 234.
Amendment 52, page 122, line 34, leave out “of an intention” and insert—
“that the landlord may intend”.
Amendment 53, page 122, line 35, at end insert—
“or the Court is of the opinion that it is just and equitable to dispose of the requirement to serve a written statement.”
Amendment 50, page 123, line 3, leave out lines 3 to 9.
Amendment 51, page 125, line 13, at end insert—
“Ground 6AA
A relevant social landlord granted a tenancy of the dwelling house to the tenant as temporary decant accommodation in order to demolish their original home in the context of re-development and the landlord seeking possession requires vacant possession of the dwelling house because—
(a) the landlord has served the tenant with notice that the new home is ready to move into, or
(b) the temporary use of the accommodation has otherwise come to an end.”
Amendment 16, page 125, leave out line 17.
This amendment would retain the existing 12-month period within which the landlord can initiate proceedings on this ground for possession.
Amendment 55, page 125, line 17, at end insert—
“(ab) At the end of the second unnumbered paragraph, insert—
‘This ground applies only where the landlord is a private registered provider of social housing.’”
Amendment 17, page 125, line 18, at end insert—
“(c) at the end of the last unnumbered paragraph insert—
‘This ground applies only where the landlord is a private registered provider of social housing.’”
This amendment would limit the use of Ground 7 of Schedule 2 of the 1988 Act to social rented housing.
Amendment 18, page 125, line 30, leave out paragraph 23.
This amendment would remove the new ground for possession for repeated rent arrears.
Amendment 19, page 125, line 30, leave out “After Ground 8” and insert “Before Ground 9”.
This amendment would move new Ground 8A from the list of mandatory grounds for possession (in Part I of Schedule 2 to the Housing Act 1988) to the list of discretionary grounds for possession (in Part II of Schedule 2 to the Housing Act 1988).
Amendment 257, page 126, line 12, at end insert—
“23A In Ground 12, after ‘performed’ insert ‘provided that failure to carry out this obligation could—
(a) be reasonably expected to have a material adverse effect on the safety, health, or lives of any residents in that property or adjoining property; or
(b) cause material damage to the property not contemplated in any form of property safety deposit scheme relating to the tenancy.’”
This amendment would amend Ground 12 (possession due to failure to carry out an obligation of the tenancy) so that a tenant cannot be evicted if the obligation does not pose serious risk to the wellbeing of the tenants or the property (such as putting a poster in a window or putting washing on display).
Amendment 20, page 126, line 14, leave out paragraph 24.
This amendment would maintain the existing definition of anti-social behaviour as being conduct causing or likely to cause a nuisance or annoyance, rather than being defined as behaviour “capable of causing” nuisance or annoyance.
Government amendments 235 and 236, 176 and 177, 237, 178 to 181, 238, 182 to 184, 245, 258, 246 and 247, 198 and 248 to 253.
Amendment 25, in schedule 2, page 128, line 29, leave out “omit subsection (5)” and insert
“for subsection (5) substitute—
(5) A person is also threatened with homelessness if—
(a) a valid notice has been given to the person under section 8 of the Housing Act 1988 in respect of the only accommodation the person has that is available for the person’s occupation, and
(b) that notice will expire within 56 days.”
This amendment would maintain the homelessness prevention duty owed by local authorities to persons who have received a notice to vacate a property and would extend it to notices for possession issued under section 8 of the Housing Act 1988.
Government amendment 239.
Amendment 26, page 129, line 1, leave out “omit subsection (6)” and insert
“for subsection (6) substitute—
(6) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 8 of the Housing Act 1988 that—
(a) will expire within 56 days or has expired, and
(b) is in respect of the only accommodation that is available for the applicant’s occupation.”
This amendment would ensure that the homelessness prevention duty owed by a local authority cannot end whilst a valid notice under section 8 of the Housing Act 1988 has been issued in respect of the only accommodation available to that person.
Government amendments 240, 254, 259, 185, 241, 186, 242, 187, 199, 243, 188 to 192, 244 and 194.
I am delighted to bring the Renters (Reform) Bill back to the House on Report. I express my gratitude to Members across the House for their contributions on Second Reading and in Committee, and for their continued engagement throughout. I thank my predecessors, my hon. Friend the Member for Walsall North (Eddie Hughes), whose Parliamentary Private Secretary I had the privilege of being as he steered the White Paper, and my hon. Friend the Member for Redditch (Rachel Maclean), whose Whip I had the privilege of being as she steered the Bill on Second Reading. I have seen the Bill at every stage of its formation, and I can say to the House that the Bill we are discussing today would not have been possible without their hard work and dedication. I also pay tribute to the hon. Members for Greenwich and Woolwich (Matthew Pennycook) and for North Shropshire (Helen Morgan) for their constructive engagement and commitment to seeing the Bill delivered, so that its benefits can be realised.
The Bill will create a fairer private rented sector for both landlords and tenants, delivering on the Government’s 2019 manifesto commitment. The Bill brings in the most significant reforms for the sector in over 30 years. It will abolish section 21 of the Housing Act 1988 and bring in new decency standards, giving England’s 11 million tenants more certainty of secure and healthy homes. It will mean that tenants will be supported to hold down jobs in their local area, children to stay in the same school, and households to put down roots in their communities. Alongside abolishing section 21, we are strengthening and expanding landlord possession grounds, including stronger protections against antisocial behaviour. Combined with our reforms to ensure a modern court system, that will ensure that landlords retain confidence in getting back their properties when they need to, safeguarding their investment.
The new private rented sector ombudsman will resolve tenants’ disputes and support landlords in handling complaints effectively. That will help to avoid disagreements escalating unnecessarily to the courts, saving both landlords and tenants time and money. Our new property portal will make landlords’ responsibilities clear in one place and support tenants to make more informed choices. We are also providing stronger protections for renters with pets, recognising the joy that pets can bring. However, the Bill must strike a balance between delivering that security for tenants and fairness to landlords.
I am more than happy to address those points before the end of the debate, but I think that I have written to the hon. Lady about them. If I have not, I will ensure that I do in order to be clear about the amendments she has tabled.
Government new clause 36 places a duty on the Secretary of State to produce an annual report to Parliament on the stock of residential tenancies in the private rented sector. That report will need to be provided in the five years after the Bill receives Royal Assent. Reports under that duty would cover, but not be limited to, an analysis of the number, location and size of private rented sector properties. The new clause ensures that regular analysis of such information is available for scrutiny and debate.
I am aware that several Members have raised concerns about the interaction between the property portal and the role of selective licensing. The two systems have separate, distinct purposes: the portal will gather data on private rented sector ownership and property standards in England, providing an information source for local authorities to have oversight of the whole private rented sector in their area. It will help landlords to understand their legal obligations and will give tenants the information they need to make informed choices. Meanwhile, selective licensing provides local housing authorities with the powers to license privately rented properties within a designated area to address specific local issues, including poor housing conditions and high levels of antisocial behaviour or crime. While there will be overlap with data gathered through the portal, the information required for licences in these areas will be specific to the issue being tackled and will support more intensive enforcement action in the areas that need it most.
We do not want to see selective licensing abolished, but we do want to ensure that our reforms are streamlined and that burdens are minimised for landlords and local authorities. That is why I am committing to a review of selective licensing and the licensing of houses in multiple occupation to consider how we can reduce burdens and make the system more effective for landlords, tenants and local authorities. I am keen to work closely with Members and the wider sector on this issue, and will provide further details in due course.
I have sat on many Bill Committees in this House, and have now been privileged to lead my first Bill Committee, facing the hon. Member for Greenwich and Woolwich. He has been a great person to work with and has sought at every opportunity to make sure the Bill works and is effective. I said to him in Committee that we would listen to suggestions for how we can improve the Bill, and we are doing so today. For tenants, we are expanding the homelessness prevention grant and closing loopholes in the system; for landlords, we are introducing an initial six-month tenancy and giving them certainty that our reforms will work. The Bill delivers on our manifesto commitments: it gives tenants security and landlords fairness. Our amendments continue to strike that balance, and I commend them to the House.
Before I call the shadow Minister, I remind colleagues that if they wish to intervene on a speech, it is important that they have been in the Chamber since the beginning of the speech, just in case the important point they wish to raise has already been addressed. It is also important that they stay for the duration of the speech, in case other colleagues then refer to the important point that they have raised. I clarify that because we may have a longer speech from the shadow Minister, and people may wish to intervene, so I thought it would be helpful to remind colleagues of those rules.
I rise on behalf of the Opposition to speak to the new clauses and amendments that stand in my name.
It is a pleasure to finally be back in the Chamber to conclude the remaining stages of this important piece of legislation. I say “finally” because as you will know, Madam Deputy Speaker, the Bill left Committee on 28 November last year—almost five months ago. Indeed, such has been the delay in bringing it back to the House that in the intervening 147 days, the Department even managed to complete all the Commons stages of another piece of housing legislation—albeit a distinctly limited and unambitious one—in the form of the Leasehold and Freehold Reform Bill.
The reason for the delay is, of course, an open secret, with the ongoing resistance to the legislation from scores of Government Members—including many with relevant interests, as private renters across the country have certainly noted—and the undignified wrangling between them and Ministers splashed across the papers for months. The damage caused by the discord on the Government Benches has been significant: not only have thousands of additional private renters been put at risk of homelessness as a result of being served a section 21 notice in the months for which the Bill’s remaining stages have been delayed; the sector as a whole has been left in limbo, not knowing whether the Bill will proceed at all and, if it does, what form it will take.
Order. Before I call the next speaker, I inform the House that I will be giving priority to those Members who have amendments down, so that they can speak to them before we hear from others. I call Chair of the Levelling Up, Housing and Communities Committee, Clive Betts.
It is disappointing that we are having to focus primarily on the Government back-pedalling on the timetable for the abolition of section 21. The Levelling Up, Housing and Communities Committee looked at this a year ago and concluded unanimously that the principle of the Government’s intention was right. We had some reservations and caveats, and we raised concerns and suggested detail changes, but nevertheless we agreed on the principle. Generally speaking, there is agreement across the House that it is the right thing to do.
In the meantime, people are living in uncertainty in private rented housing. That is why we thought it was the right thing to do. That is what the measure is for: to give people greater certainty about where they will be living in a year’s time. It is not merely that; it is also so that they know, if they do not have a car, that they can get on the bus to their place of work in the morning—if the landlord evicts them and they have to move home, will they be able to get to that job in the future? It is also about children at school: will those children be able to get to the same school if they are evicted from their home and have to find a new property? That is the sort of family certainty that the abolition of section 21 will introduce. So many families are living in uncertainty—not just housing uncertainty but other uncertainty—while we await that abolition. The Minister needs to get on with it and give us some clear time commitments on when it will happen.
We have just discussed the problem of the courts. Of course, covid has affected lots of public services, but I say to the Minister that it is not a surprise. If we look at how long it was taking local authorities to get court hearings to deal with antisocial behaviour cases before covid, we see even then that those ran into months. It has been a problem in the courts for many years. That is why the Committee has suggested—it has been suggested before—a housing court system. I know that Ministers do not want it and that the Ministry of Justice does not want it, but it seemed to us a way of resolving what are often simple or quick problems. A small claims court format could do it in many cases without the need for lawyers to be introduced. I am sorry, but I have no conviction that, with several months of looking at this, several years of contemplation and plans for action, the courts will be any quicker in two or three years than they are now. The court system has delays, and they are likely to remain, so we need to look a bit beyond the existing system to resolve these problems. Obviously, Ministers have set their minds against that.
I turn to the other main problem that we highlighted on implementation: local authorities and their staff. We know that local authorities are desperately short of staff for enforcement in the private rented sector. Once section 21 goes, tenants who are currently frightened—even those living in appalling damp properties—to make complaints against their landlords, because they are concerned they would be evicted as soon as a complaint is made, will feel emboldened to make that complaint, and if their complaint is not listened to, they will be emboldened to go to their local authority and ask for help. Local authorities will get more requests for help, and they have not got the people to deal with that.
Will the Minister assure us that he is starting to talk to the Local Government Association about the new burdens that will be placed on local authorities—this is a new burden that we are imposing on them, albeit a good one—and that there is some agreement on the resource that will be needed? Resources do not produce extra staff overnight, so local authorities will need advance warning so that we have the staff in place to respond quickly.