Renters (Reform) Bill

Andrew Western Excerpts

2nd reading
Monday 23rd October 2023 Commons Chamber

[Andrew Western (Stretford and Urmston) (Lab)]

Like my hon. Friend the Member for Sheffield South East (Mr Betts), I begin by informing the House that I am a vice-president of the Local Government Association. I am also a parliamentary ambassador for PricedOut, the campaign for affordable housing.

Let us give credit where it is due: the Government deserve praise for bringing the Bill forward at last. It has the potential to be transformational, bringing renters much needed additional security. However, if, as the Government statement on Friday seemed to suggest, Ministers are planning to delay indefinitely introducing the ban on section 21 evictions, the Bill will be a huge missed opportunity. Regardless of that issue, if the Bill is to reach its full potential, it must be strengthened significantly and its many outstanding loopholes must be firmly closed.

One such area of concern is notice periods. As we have heard, the Bill retains a two-month notice period when tenants receive an eviction notice on the grounds of landlord need. But with rents at their highest levels since records began and housing in chronically short supply, it is, as Shelter has argued, almost impossible for many tenants to find a suitable property to move into in just eight short weeks.

We must also remember in this debate that, according to the charity Crisis, the loss of a private tenancy is the leading cause of homelessness in the UK. Short notice periods—along, of course, with no-fault evictions—contribute to that, resulting in a disastrous situation for the individual involved and huge expense for the taxpayer. I hope to hear from the Minister why she believes that two months is enough time for tenants to relocate in such a difficult housing market.

I turn to fault-based evictions. I have significant concerns, which I hope can be addressed during the passage of the Bill. One is ground 14, which, as it stands, proposes widening the definition of antisocial behaviour to cover any behaviour capable of causing nuisance or annoyance. Mr Deputy Speaker, every Member of this House has the capability to cause nuisance or annoyance—and many of us do it frequently in this Chamber. How on earth could we stop a rogue landlord from exploiting such an extremely broad definition? They could make a false claim about a tenant’s capacity to cause antisocial behaviour and evict them simply to hike up the rent.

Protections must be built into the system to avoid section 21 evictions through the back door. What safeguards are in place specifically to stop victims of domestic abuse from facing eviction on antisocial behaviour grounds? Do we really want those who suffer at the hands of their abusers to lose their homes as well? There is much work to be done in this area.

Another reason for fault-based evictions, of course, is rent arrears. Again, no one denies that such evictions can be reasonable in certain circumstances, but safeguards for the vulnerable are vital and a sensible balance is needed. Ground 8A means that someone needs to have been in two months’ worth of rent arrears for just one day on three occasions to be liable for eviction. As we all know from our own casework, rent arrears can arise for a variety of reasons: unexpected bills, illness, redundancy. In a cost of living crisis, tenants could well find themselves falling foul of ground 8A through no fault of their own.

I will be interested to hear from the Minister what assessment the Government have made of the impact of making ground 8A evictions discretionary rather than mandatory, so that, as in Scotland, the case would come before a judge who could evaluate whether the eviction was justified or a resolution between landlord and tenant could be found. That could help someone to stay in their home, protecting them from the devastation of homelessness.

The headline measure of the Bill should be the long-overdue ban on section 21, but delays in the court system will hold up that important measure for some time. None the less, other potentially positive steps include the proposed introduction of a private rented sector ombudsman and a property portal to which landlords must be signed up. Crucial to the effectiveness of those measures is the capacity of local authorities to enforce them. That is a significant concern given the cuts to local authority budgets since 2010 and the resultant hollowing-out of non-statutory services.

That is not the only area in which the capacity of local authorities is a significant worry. The Local Government Association has raised specific concerns about local authorities’ ability to enforce compliance with the ban on landlords re-letting or remarketing their property within three months of using “landlord need” eviction grounds, as it appears in practice that that system would be wholly reliant on former tenants noticing that the property is back on the market after they have been evicted. Many landlords will surely chance their arm in that situation and put their property back on the market within the re-let period, so I encourage the Minister to consider whether that period should be longer, and what steps she might take to ensure that such a period is effectively monitored without tenants and former tenants having to put their head above the parapet and report a landlord who fails to comply with the law.

Notice periods, fault-based evictions, the use of ground 14, the rigidity of ground 8A—there is much work still to do on the Bill. I support it in principle, but I hope there is significant movement in Committee.