Private Landlord Licensing

Debate between Lord Sharma and Clive Efford

Wednesday 15th November 2017 Westminster Hall

[Clive Efford]

Has the Minister found any evidence that rogue landlords who provide poor-standard accommodation are involved in other sorts of crime, such as defaulting on loans, not paying tax, or changing their names at Companies House by altering just a letter in the name of a director, because that is what investigation by some of my constituents is showing? Perhaps some work across different Departments might get to the root cause of some of these problems.

[Alok Sharma]

Let me briefly address the issue of rogue landlords, because the hon. Gentleman makes an important point. Local authorities in England already have strong powers under part 1 of the Housing Act 2004 to tackle poor property conditions and overcrowding in privately rented properties. They can serve improvement notices that require landlords to carry out works to remedy poor conditions, or make prohibition orders to prevent overcrowding. In the most serious cases, which pose a significant risk to the health and safety of tenants and their families, local authorities are under a duty to take action to combat the problem. Landlords who fail to comply with an improvement notice or prohibition order are committing a criminal offence.

The hon. Gentleman raised the issue of rogue landlords, and I will just say that we have gone further in tackling such landlords by introducing new powers in the Housing and Planning Act 2016, which mean that non-compliant landlords can face a civil penalty of up to £30,000. The local authority involved can also recover its legal costs of serving notices. Furthermore, we have enabled local authorities to keep the income from such fines to support their enforcement capability, and local authorities have a right to inspect properties to make sure they are in safe condition, even if the tenant has not complained.

Newham Council has used its database to identify those rented properties where enforcement under part 1 of the 2004 Act might be required. Local authorities do not need a licensing scheme to be in place to inspect and take enforcement action against poor property conditions in the private rented sector.

--- Later in debate ---

[Alok Sharma]

Again, as the hon. Gentleman has noted, the scheme from Redbridge is under consideration and we have obviously heard what he has said today, so we will ensure that we review all that as quickly as we can.

[Clive Efford]

I do not want to waste a few minutes with a Minister in front of us. If I were to write to him detailing some instances of rogue landlords who might be involved in other forms of crime, such as tax evasion or defaulting on loans, would he be prepared to contact his colleagues in other Departments and perhaps get those landlords and their companies investigated further?

[Alok Sharma]

I am always very open to receiving correspondence from colleagues and indeed to having meetings with them, so I welcome anything that the hon. Gentleman wants to put in writing to me and if it would be useful for us to meet subsequently I would be happy to do so.

It is important that licensing is properly targeted and not used as a substitute for existing strong powers. However, as the right hon. Member for East Ham will know, because he has asked parliamentary questions on this issue, we have announced that we will undertake a review of selective licensing more broadly. This review will start in due course and we are currently considering its scope.

In the specific case of the Newham application, as I have said, I hope to receive a recommendation from officials very shortly, and I promise the right hon. Gentleman that I will make a decision on it as quickly as possible.

Question put and agreed to.

Grenfell Tower Fire Inquiry

Debate between Lord Sharma and Clive Efford

Wednesday 12th July 2017 Commons Chamber

[Alok Sharma]

The Secretary of State and other Ministers have been absolutely clear: we do not want local authorities and housing associations to stop doing anything that is necessary to keep people safe. If they do not have the funding, we will work with them on the funding process.

[Clive Efford]

rose—

[Alok Sharma]

No, I will not give way as I really must get on.

A range of views have been expressed about the cause of the Grenfell Tower tragedy. What is vital is that we have a full independent public inquiry with a remit that goes way beyond the design, construction and modification of the building itself. An effective and prompt inquiry will necessarily have to follow defined terms of reference, and setting those is obviously crucial. The terms will be set formally by the Prime Minister, but she will do so following recommendations from the chair of the public inquiry, Sir Martin Moore-Bick. Sir Martin was appointed to head up the inquiry on 29 June and on that very day he visited the site and spoke with some of those who had been affected by the tragedy. Sir Martin has been absolutely clear in his desire to consult the affected residents about what the terms of the reference should be. I know that he has been meeting them to hear their views. He has also said that he welcomes the views from the wider community. Those are the actions of a person who wants proactively to engage with those directly affected right from the start. I urge hon. Members who have concerns or ideas about the terms of the inquiry to raise them with the team. The details are available on the inquiry website: grenfelltowerinquiry.org.uk.

During today’s debate, some concern has been expressed about Sir Martin’s suitability for the role, but as the First Secretary of State has said, he is independently appointed, extremely well qualified and totally impartial. Sir Martin is a hugely experienced former Court of Appeal judge. Judges decide cases solely on the evidence presented in court and in accordance with the law. As a senior judge, Sir Martin has worked across a range of cases. There have been cases where Sir Martin has been praised by civil liberties lawyers and cases where he has found in favour of housing association tenants, but in each case he will have made decisions based on the law and the evidence—nothing more, and nothing less.

Opposition Members may be aware that from December 2005 to December 2009, Sir Martin was chair of the legal services consultative panel, which advises successive Lord Chancellors on the regulation and training of lawyers, legal services and other related matters. The Lord Chancellors whom he served were Lord Falconer and Jack Straw. I have previously noted in this House that it is vital for Government, central and local, to work hard to win the trust of those people directly affected by this tragedy. I have no doubt that Sir Martin is similarly aware that he needs to foster that trust. I am sure that, as his dialogue with the local community continues, they will note that his only motivation is to get to the bottom of what happened.

I assure hon. Members that the Government will co-operate fully with the inquiry, and I hope that the same will be true of the local authority and any other individual or body whose work falls within the inquiry’s remit. It is absolutely vital that no stone is left unturned and that anyone who has done wrong has nowhere to hide. To help get to the truth, survivors of the fire and the families of the victims will receive funding for legal representation at the inquiry. Details of how they access that legal funding will follow once the inquiry is up and running.

Some concern has been raised about the lack of a coroner’s inquest into the deaths at Grenfell. Let me assure colleagues that there will be an inquest. The coroner is already investigating the deaths; that is a statutory duty. The police-led investigation is already under way in conjunction with the London Fire Brigade and the Health and Safety Executive. The police investigation will consider potential criminal liability. The police have been very clear: arrests will follow if any evidence of criminal wrongdoing is found. Unlike a coroner’s inquest, a full, judge-led public inquiry will allow us to look at the broader circumstances leading up to and surrounding the tragic fire at Grenfell Tower. It will also allow us to take any action necessary as quickly as possible to prevent a similar tragedy from happening again.

A number of colleagues have expressed concerns about timing. Of course, we want the inquiry to be completed as quickly as possible and the main priority will be to establish the facts of what action is needed to prevent such a tragedy from happening again. It will be for Sir Martin to determine the timescale for the inquiry, but I am certain that he will be aware of the universal desire for an interim report to be published at the earliest opportunity.

In cases of some past disasters, such as Hillsborough and the sinking of the Marchioness, it took far too long for the whole story of what happened to emerge. We do not want that to be the case with Grenfell Tower. That was why the Prime Minister ordered a full public inquiry as soon as the scale of the tragedy became apparent. Regardless of politics or ideology and of what we think is the best course of action, all of us here want one thing: the truth. It might prove uncomfortable for some and it might not fit the preconception of others, but the truth must come out. I am confident that Sir Martin Moore-Bick will see that the truth does come out. The survivors of the Grenfell fire and the families of those who were lost deserve no less.

Question put and agreed to.

Resolved,

That this House has considered the Grenfell Tower fire inquiry.