Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2023

Viscount Younger of Leckie Excerpts

Wednesday 22nd March 2023 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, like others, I thank the noble Baroness, Lady Thornhill, for tabling her Motion and wish her a speedy recovery. I also thank the noble Lord, Lord Shipley, for moving the Motion on her behalf. I say at the outset that I think I agree with every word that every noble Lord has said so far in this short debate on the regulations before us.

When local housing allowances were introduced in 2008, the aim was to reach up to the 50th percentile of all rents in a broad rental area. In other words, people on benefits could afford to live in the cheapest half of rented properties in the area that they live in. However, from 2011, that all changed. First, LHA rates were downgraded to the cheapest 30% of local properties. Then, rather than moving with rent levels, LHA rates were uprated by inflation, then by just 1% and, finally, they were frozen in 2016. The result was that, by 2020, LHA rates bore no connection to the actual rents in local areas. In 2020, the Government restored them to the 30th percentile, only to then freeze them in cash terms. This year, although Ministers finally agreed to raise most benefits by inflation, they excluded LHA rates. The effect of this freeze is seen in a growing gap between the actual rents that people pay and the amount of housing support that they can receive—an approach that the Institute for Fiscal Studies said was

“arbitrary and unfair, and its consequences will only become more bizarre over time.”

There is deep and widespread concern in the housing world about the effects of this policy. The Northern Housing Consortium told Ministers that

“a continued freeze on LHA would make it even harder for existing private renters to make ends meet, risking homelessness and making it increasingly difficult for local authorities to discharge their homelessness duties effectively.”

It reported in the Northern Housing Monitor 2022 that only 7% of rental adverts were affordable to those reliant on LHA in the north. The National Residential Landlords Association says that the LHA rate freeze has

“led to the proportion of landlords letting to tenants in receipt of benefits falling over the past decade.”

If supply falls, demand does not, if only because there is no alternative. The Levelling Up, Housing and Communities Committee, in its report on the private rented sector in February—my noble friend Lady Lister made reference to this report—concluded that the failure to ensure LHA rates keep pace with market rents

“is quite obviously making the private rented sector even less affordable for many people who are only there because the social housing sector has been cut back and can no longer accommodate them.”

That is the problem.

Unsurprisingly, given high inflation and the pressure on supply, while LHA rates are frozen in cash terms, private sector rents have continued to rise, so the gap is getting bigger year on year. The Institute for Fiscal Studies says that, compared with uprating LHAs to match local rents, the freeze will reduce support for nearly 1.1 million households by an average of £50 per month, saving the Government more than £650 million in 2023-24. That is on top of the amount that people were already having to find as a top-up. Over 800,000 households in the private rented sector face a shortfall between their rent and their local housing allowance, including over half of all universal credit households who rent privately. The Institute for Fiscal Studies further says that

“two-thirds of lower income privately renting households must cover at least a quarter of their rent from sources other than housing support.”

The House of Commons Library briefing, which has been referred to in this debate, says that, from April 2023, on average, households will need to top up their rent by

“just under £750 a year.”

People in households with a disabled person are more likely to be hit by LHA shortfalls. Paul Sylvester, head of housing operations at Bristol City Council, told the Work and Pensions Select Committee in 2021 that half the households they saw with a shortfall included a disabled person. They were increasingly seeing disabled people forced to use their disability benefits to cover the rent top-up, rather than what the benefits were meant for. Can the Minister say whether the Government have looked at the impact of this policy on disabled people specifically? And the problems are not equally distributed. The IFS cites the example that, while the 30th percentile of rents in Bristol is £100 more than in Newbury, the amount of housing support that those who live in Bristol can receive is £12.50 less than those who live in Newbury can receive. How can this be right? Can the Minister please explain?

I have no doubt that the Minister will try to suggest that there is not a problem, because anyone who is struggling can always request a discretionary housing payment: other noble Lords referred to this in their contributions. But let us be clear: a discretionary fund for one-off payments is not the answer. In any case, a report by Shelter published in February—again, this has been referred to—found that the Government’s own data showed that councils were already struggling to keep up with demand. It says:

“Some were on the brink of running out of funding—31 English councils had spent three quarters or more of their allocation before the winter started”.


It points out that the problem is especially bad in certain regions. Take the north-east: Sunderland, Gateshead and Northumberland spent more than 90% of their allocation by the end of September 2022, and none of this is surprising given that DHP funding was cut by £40 million in this financial year. At a time when inflation is dangerously high and food bank use is at record levels, how do Ministers expect those on low incomes to find ever larger sums to top up their rent?

We see from the figures that homelessness is soaring. Rough sleeping is up by 74% since 2010 and by 26% in the last year; there has been an 83% rise in the number of children now living in temporary accommodation as a result of homelessness. One in 23 children in London is now homeless. The squeeze on local housing allowance is undoubtedly a major driving factor in this situation. It is also hitting local authorities and the taxpayer, as evidence suggests that more people have been forced into expensive temporary accommodation. Can the noble Viscount tell the House what assessment the Government have made of this wider cost to the public purse of the LHA freeze?

Investment in social housing is by far the best solution to this crisis. That is the way to ensure that low-income families can have a secure and affordable home to live in, and a better-managed private rented sector would also be good for tenants. Ministers have promised action for years, but what have we seen? Not a lot. All these things would be better for the public purse too. In the meantime, freezing the local housing allowance makes no sense whatever and serves only to make a bad situation worse.

I ask the noble Viscount whether he might like to join me one day and go out to some of the London boroughs to look at the quality of the accommodation we are asking people to live in. As the noble Lord said, people are being asked to live in the most appalling accommodation, so I hope he will join me. The noble Lord, Lord Young of Cookham, came out with me a couple of years ago. It is quite shocking where we expect families to live, so I hope the noble Viscount will accept the invitation to come out with me some day in the next few months. Anyway, I look forward to what he will say in response to this debate.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Viscount Younger of Leckie) (Con)]

My Lords, I start by taking up the offer of the noble Lord, Lord Kennedy. This is a fairly straightforward answer: it is a yes. I would very much appreciate the opportunity to join him and whoever else he might care to bring along to see for myself what is happening. It is very much what I would like to do—genuinely.

I thank the noble Lord, Lord Shipley, for initiating this debate on the Rent Officers (Housing Benefit & Universal Credit Functions) (Modification) Order 2023. This annual legislation informs rent officers in the Valuation Office Agency, the VOA, and rent services in Scotland and Wales of the level at which to set local housing allowance, LHA, rates from April 2023. I also add my voice to those of other noble Lords in wishing the noble Baroness, Lady Thornhill, a speedy recovery from her illness—as the House is aware, the debate was down in her name.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

I am glad the noble Viscount mentioned fairness to the taxpayer, as it is not only about the sums of money—our whole point is that the Government are not spending it very wisely. If they looked and listened a bit more, they could spend it more effectively and get better value for money for the taxpayer. It is no good saying that they want to spend money wisely. They are not spending money wisely and that is causing huge grief for people. I do not understand why they will not address that. They need to work across departments, address the issues and spend the money better.

[Viscount Younger of Leckie (Con)]

I absolutely have listened to the noble Lord, but how Governments spend money and whether they spend it wisely is a subjective issue wherever it is spent. We want and need to spend it wisely and on the most vulnerable.