Renters’ Rights Bill

Angela Rayner Excerpts

Wednesday 9th October 2024 Commons Chamber

[The Secretary of State for Housing, Communities and Local Government (Angela Rayner)]

I beg to move, That the Bill be now read a Second time.

I hope the entire House will agree that everyone should live in a decent, safe and affordable home. Everyone should, but not everyone can. That is why, as Housing Secretary, I have put decency at the heart of my plans for housing, and taken steps to ensure that all homes are warm and safe. Nowhere is that more needed than in the private rented sector, which plays an undeniably critical role in our housing system.

I want to be clear from the outset that this Government recognise the important role of landlords, most of whom provide good-quality homes for their tenants. But this is a sector in serious need of reform. Millions of people live in fear of section 21 no-fault evictions that could uproot them from their homes and communities, and they are forced to live in homes that are riddled with damp and mould, too scared to complain in case they end up being evicted and homelessness, and knowing that another potential tenant will be desperate enough to move in.

[Mr Luke Charters (York Outer) (Lab)]

During the general election campaign—a stressful time indeed— I was served with a section 21 notice. Thankfully, my family supported me, but such support is not available to everyone. Does my right hon. Friend agree that ending no-fault evictions will give British families the peace and stability that they desperately need?

[Angela Rayner]

I thank my hon. Friend for giving us the benefit of his personal experience—an experience that is suffered by far too many families. Hundreds of thousands of young families are in temporary accommodation, in many cases because of section 21. In 2019 the ending of this scandalous practice was included in the previous Government’s manifesto, but we are still waiting. It has taken us just four months to bring the Bill to the House, because we felt that the need for it is critical. Too many young people are priced out of leaving home, unable to move to the big city where they could start their careers because of sky-high rents, and that too must change—I know that many hon. Members agree.

The Conservatives promised to pass a renters reform Bill in their 2019 manifesto, but, in a desperate attempt to placate their Back Benchers, they caved in to vested interests, leaving tenants at the continued mercy of unfair section 21 eviction notices. They dithered, delayed and made excuse after excuse for their inaction. What has been the human cost of that failure? Since 2019, when the Conservatives first promised action, more than 100,000 households have faced a no-fault eviction, with 26,000 facing eviction last year alone. Too many families facing homelessness; too many families priced out of a safe and secure home; and too many families stuck in cold, rotting, damp homes—that is the inheritance that we need to fix.

[Dawn Butler (Brent East) (Lab)]

I thank my right hon. Friend for pursuing renters’ rights in this way. Does she agree with the Mayor of London that we should consider setting caps for rent increases?

[Angela Rayner]

I will set out later in my speech what we are doing to ensure that renters get a fair deal.

This is why we have moved so speedily in getting this Bill to its Second Reading. We will not take another four years, which is why we have done it in less than four months. I must give credit where it is due, because many parts of the Bill build on the good work of my predecessor in the Department. However, let me be clear that this is a fundamentally different Bill; it goes above and beyond the last Government’s Bill in several critical ways. This is not just a renters reform Bill; it is a Renters’ Rights Bill, a plan to ensure that all private tenants can aspire to a decent, affordable and safe home.

[Sir Desmond Swayne (New Forest West) (Con)]

Changing tenants involves significant expense for both tenant and landlord—my interests can be found in the Register of Members’ Financial Interests—and the ability of a tenant to end a tenancy after two months presents a significant risk to the landlord, particularly in the student rental market, where re-letting a property within the academic year can present a considerable difficulty. Will the Secretary of State at least consider amendments in Committee to address that issue?

[Angela Rayner]

I say to the right hon. Gentleman, whose interventions are normally more pithy, that the Bill accommodates the unique circumstances of students. I hope he can see that we are trying to strike a balance. I am sure that his entry in the Register of Members’ Financial Interests proves that he is one of those landlords I would like to commend for being decent landlords. We want to ensure that the standard that I am sure he gives to his tenants is applied across the whole country.

Many right hon. and hon. Members will have heard heartbreaking stories from constituents who have been forced to leave their homes with little or no justification. This Government will remove the threat of arbitrary evictions by finally bringing to an end no-fault evictions. Unlike the previous Government, who put in place last-minute caveats, we will abolish no-fault evictions for new and existing tenancies at the same time, to give all tenants the same security immediately.

[Jake Richards (Rother Valley) (Lab)]

In Maltby in my constituency, the campaign group Big Power for Little London has been campaigning to end no-fault evictions for years, because the community have suffered as a result of rogue landlords. I am very grateful to the Housing Minister, who is sitting next to the Secretary of State, for agreeing to meet the group later this year. Does my right hon. Friend agree that this Bill will be welcomed by the thousands of campaigners across the country who have fought so long for this important change?

[Angela Rayner]

I absolutely agree with my hon. Friend. I, too, pay tribute to the Housing Minister for the work that he did in opposition and in getting us here today.

In saying that we need to end the cruel practice of no-fault evictions, I recognise the huge pressures on the court system as a whole, which have been caused by years of Tory failure and neglect. To support the changes, we will digitise the county court possession process, working closely with colleagues in the Ministry of Justice to create a modern, efficient service for our courts. We will also take steps to ensure that, wherever possible, disputes will be resolved at an early stage, and the new private rented sector landlord ombudsman service that the Bill introduces will play a vital supportive role.

[Shaun Davies (Telford) (Lab)]

I welcome the Deputy Prime Minister to her place. Does she agree that no-fault evictions are bad not only for tenants but for local councils, which across the country spend billions of pounds on temporary accommodation? It causes havoc for children and the education system, as young people have to go from one school to another.

[Angela Rayner]

I absolutely agree with my hon. friend, and I pay tribute to him for the work that he did in local government before coming to this place. He will know about the direct impact of this issue, as will many Members of this House. It is not just about having a home; no-fault evictions have an effect on children, and on a person’s life, job, income and everything else that they want to do. That is why it is so important that, whereas the previous Government made no progress in four years, we are now at this stage of the Bill after four months and we intend to continue at speed.

[Andrew George (St Ives) (LD)]

I warmly welcome the Bill. It is right that we should regulate to avoid bad practice in the sector, but does the Secretary of State agree that measures should be available to enable, and indeed incentivise, good practice? Given that the previous Government gave millions of pounds to holiday homeowners in various tax incentives to encourage that sector, surely there must be methods by which the Government can incentivise good practice. Otherwise, the Bill might become counterproductive.

[Angela Rayner]

I thank the hon. Member for his comment. I hope that he recognises from my opening remarks that good landlords have nothing to fear from this Bill, and we will help them. The new database will help landlords to understand and meet their legal duties, and we will provide clear guidance. I will talk more about how that database will work.

Part 1 of the Bill will introduce a new, modern tenancy system that removes fixed-term tenancies, meaning that tenants can stay in their home until they decide to end the tenancy, and they will only need to give two months’ notice. This will end the injustice for tenants who want or need to leave at short notice but cannot, and allow both landlords and tenants the flexibility to respond to changes in their circumstances.

I want to make it clear that our Bill ensures that landlords will still be able to reclaim their properties when they legitimately need to, through clear and robust possession grounds. We have also considered the unique situation of student accommodation and specialist sectors such as stepping-stone accommodation, for which the Bill also includes a possession ground. In most cases, tenants will have four months’ notice, so that there is time to find a new home, and landlords will have to wait a year from the beginning of a tenancy before they can use the “moving in and selling” grounds for eviction. This honours our commitment to level the playing field decisively for renters, which goes further than the last Government’s ambitions. Of course, landlords will still be able to quickly evict tenants who engage in antisocial behaviour and make other people’s lives a misery, to protect the strong communities that we want to see flourishing around the country.

The Bill will also empower tenants to challenge unfair rent increases that are designed to drive them out. It will prevent tenants from being bound by rent review clauses, putting them in a stronger position to challenge unreasonable rent hikes at tribunal.

[Jeremy Corbyn (Islington North) (Ind)]

I welcome most of what is in this Bill. A third of my constituents live in the private rented sector. The last time I looked, there were hardly any available properties to rent in my constituency that were within the local housing allowance. The level of rent is astronomical, unaffordable and driving working-class communities out of inner-city areas. Does the Secretary of State not agree that the Bill needs to go further and bring in rent controls, so that housing is available for all people?

[Angela Rayner]

I understand the right hon. Gentleman’s point, but I disagree on how to resolve the issue. Rent controls restrict housing supply, which does not help anyone, but our Bill takes practical measures to help renters by empowering tenants to tackle unreasonable rent hikes and prohibiting unfair rental bidding, and we will continue to assess potential action on sky-high rents. Hopefully, we are taking measures that will help his constituents and others across the country.

[Melanie Onn (Great Grimsby and Cleethorpes) (Lab)]

Could my right hon. Friend clarify whether, under the Bill, landlords and letting agents will be prevented from requiring individuals who do not have all the correct supporting information to pay excessive deposits, which prohibit people from getting secure properties for their families?

[Angela Rayner]

My hon. Friend makes a really important point about deposits and paying rent in advance. This Bill will protect tenants from requests for large amounts of rent in advance, but we are in listening mode. We will keep this issue under review during the passage of the Bill, and we will take the necessary action. We think that we have done enough on that, but we are open to interventions, if people feel that they would help.

Unlike in the previous Government’s Bill, the tribunal will not be able to increase rent above what was originally proposed by the landlord. In cases of undue hardship, we will give the tribunal the power to defer rent increases by up to two months, thereby finally ending the injustice of economic evictions.

However, that is not all we will do to tackle unfair rent costs. We remain committed to ending rental bidding wars, which all too often price hard-working families out of a home. Landlords and letting agents will be required to publish an asking rent for their property, and will not be allowed to ask for, encourage or accept a higher offer. We are delivering real change for working people.

[Andrew Griffith (Arundel and South Downs) (Con)]

The challenges faced by tenants in the private sector are very real, but is the right hon. Lady familiar with the law of unintended consequences? What have she and her officials learned from the study of the application of similar rules in Scotland, which have made the plight of renters worse, not better?

[Angela Rayner]

I do not accept that from the hon. Member. We have had scare stories about this before. As I have said, the majority of landlords are doing the right thing. The Bill is about fairness for landlords and tenants, and I think it strikes the right balance. I am acutely aware of the law of unintended consequences. In fairness, the previous Government were batting around these ideas for years, after promising in their manifesto to tackle the issues, but they let down the people who are in these situations, who deserved better from their Government. This Government will do better than the previous Government.

As I set out at the start of my speech, tackling the blight of poor-quality homes is a priority of mine and of this Government. That is why part 3 of the Bill will apply a decent homes standard to the sector for the first time, requiring privately rented homes to be safe, secure and free from hazards.

[Ben Coleman (Chelsea and Fulham) (Lab)]

My right hon. Friend will be aware that the Darzi report last month highlighted the severe problem of damp and mould, particularly in the private sector, and the bitter impact of that, notably on children’s health. Over a third of my constituents in Chelsea and Fulham live in privately rented homes, and in Fulham the council has had to chase landlords 74 times in the past year alone to address damp and mould. It is tremendous that the Government are tackling this, and I know that my constituents will be delighted. May I ask her to ensure that councils are resourced sufficiently to exercise the stronger investigatory and enforcement powers that the Bill provides?

[Angela Rayner]

We are extending ring-fenced extra resources to councils, because we recognise the need to do that. I want to pick up on my hon. Friend’s comment on children’s health. This Bill will also make good on our promise to extend Awaab’s law to the private sector. When I met Awaab’s family recently, I made a commitment to putting safety first, and it is an honour to pay tribute to Awaab’s legacy, and to his parents’ resolute campaigning for meaningful change for the many thousands of families living in unfit homes. I hope that no family ever has to endure what that family had to.

[Paul Waugh (Rochdale) (Lab/Co-op)]

It was an utter tragedy and a source of national shame that the two-year-old toddler Awaab Ishak died of a respiratory disease caused by extensive mould in his family’s flat. I am delighted that this protection will be offered in the private rented sector. Will my right hon. Friend make sure that the private rented sector upholds its obligations to all its tenants in future?

--- Later in debate ---

[Angela Rayner]

Absolutely; I thank my hon. Friend for that comment. That has been at the forefront of our minds, and not just in our work on this Bill. Hon. Members will recall that it is only a few weeks since we had the report on phase 2 of the Grenfell inquiry, so when we talk about providing housing, it is at the forefront of my mind that houses have to be safe for people. It is absolutely scandalous that here in Britain at the moment we cannot guarantee that, and I will do everything I can as Secretary of State to fix that problem.

Talking about families more widely, we will also end the abhorrent practice of denying a family a home purely because they receive benefits or have children, by making it illegal for landlords and letting agents to discriminate against tenants on that basis. This Bill is about social justice and fairness for all.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

I thank my right hon. Friend on behalf of the many families in Walthamstow who have been in exactly that position. One of the things that drives my constituents mad is having to move repeatedly because of rent increases that they cannot afford, because it means that their good credit rating stops and starts, which makes it harder for them to get on the housing ladder. What more can we do to tackle this discrimination against tenants and give them a chance of owning a home in the future, by tackling this basic issue of credit ratings, perhaps with a good credit passport?

[Angela Rayner]

This is a wider issue to do with the poverty trap that so many people face this country. I am also proud to plug the employment Bill that will be coming forward this week. It is another incredibly important part of this Government’s agenda; the Prime Minister mentioned it earlier today. We want to make sure that the working people of this country feel better off, and are able to get on and do the things in life that we should expect anyone to be able to do—things that we were able to do as a result of the toils of the generations before us.

I want to talk database. Part 2 of the Bill will introduce a new online private rented sector database, to the benefit of landlords and tenants alike. Landlords will need to provide key information about the properties they let out, including around property standards and compliance with the law, helping tenants to understand more about the property and the landlord who they are looking to rent from.

[Mr Joshua Reynolds (Maidenhead) (LD)]

Energy efficiency is really important in the rented housing sector, so does the Secretary of State agree that it is important that the Bill ensures that landlords upgrade their rented properties to an energy performance certificate grade C or above by 2028?

[Angela Rayner]

I agree that we should be moving towards doing everything we possibly can to be efficient, and there will be consultations on that issue. One of the things that shocked me in bringing this Bill forward was that the standards are so low for some; we need to really ramp them up. The bottom line for me in bringing this Bill forward is that people should have safe, secure homes that are free from hazards. We can then build on that. We are doing much more as a Government on our ambitions to do that, working with landlords.

The database, alongside greater guidance and support from the Government, will also help landlords to understand and meet their legal duties. Good landlords should be supported and helped. In addition, the database will provide local authorities with the information that they need in their enforcement activities to drive out rogue landlords. In this Bill, I have also taken steps to support local government in its crucial role in keeping tenants safe and rooting out bad actors from the sector. That is why, as well as setting up the database, the Bill will give local authorities stronger powers to root out and punish the small number of landlords who deliberately flout the law, and will increase the maximum civil penalties, so that we punish offenders and further support local authorities.

[Ben Obese-Jecty (Huntingdon) (Con)]

Where I previously lived, there was a huge number of illegal houses in multiple occupation. Those residents are potentially not protected by this legislation. In giving local authorities more enforcement powers against rogue landlords, how exactly will we define a rogue landlord, and protect people who will potentially be off the radar?

[Angela Rayner]

There are separate rules for HMOs, but we are also extending ringfenced civil penalties to support councils more, because we need to make sure that there is enforcement. A database will be important when we are looking at what we face, and also in making sure that we can take action. The problem is not every landlord. Most landlords act in a reasonable way, but we need to make sure that action is taken against those who do not.

We recognise the important role that tenants play in holding their landlords to account, and we want to incentivise them to do so. That is why we have significantly strengthened rent repayment orders. To empower tenants to take direct action against unscrupulous landlords, the Bill will add new rent payment order offences, double the maximum penalty for offences, and ensure that offenders will more often pay the maximum penalty. When landlords break the rules, tenants must have recourse to action.

Finally, I want to mention pets. It is a shame the Speaker is not here, because this was my bit for him! Our reforms are aimed squarely at improving the lives of people and families, but I trust that right hon. and hon. Members will agree that pets are not just animals but family. That is why this Bill will make it easier for tenants to request the ability to have a pet in their home. It will also allow landlords to require insurance covering pet damage, so that everyone is covered and no one is left unfairly out of pocket.

[Dr Neil Hudson (Epping Forest) (Con)]

It is important that this legislation balances the rights of both tenants and landlords. We all know the benefits of pet ownership to our physical and mental health, and indeed to the animals. I very much welcome the fact that clauses 10 and 11 will allow pet ownership in tenancies, but can the Secretary of State reassure the House that those clauses will allow responsible pet owners to ask to keep pets in their property while ensuring that landlords are insured in case of property damage caused inadvertently, or perhaps advertently, by pets?

--- Later in debate ---

[Angela Rayner]

The hon. Gentleman is absolutely right that there is a balance to be struck. We are ensuring that landlords are protected with insurance. It is about reasonableness—so long as it is not an antisocial parrot that speaks all night, I am sure everyone will agree that this is a good thing.

The Bill will finally address the insecurity and injustice that far too many renters experience. We value the contribution made by responsible landlords who provide quality homes to their tenants, but there is no place for unscrupulous landlords who tarnish the reputation of the entire sector by seeking to exploit or discriminate against tenants.

This Government were elected with a mandate to deliver change, and this Bill is the first of many with which we will honour our promise to the people. After the last Government failed to legislate for renters’ rights in five years, we have introduced this Bill within our first 100 days in office. This will change the lives of millions of people, so for them, and for future generations, I commend this Bill to the House.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Secretary of State.