Renters’ Rights Bill

Baroness Bowles of Berkhamsted Excerpts

Thursday 24th April 2025 Lords Chamber

[Lord de Clifford (CB)]

My Lords, Amendment 64 in my name is in regard to the family. I thank the noble Baronesses, Lady Bowles of Berkhamsted and Lady Neville-Rolfe, for their support for this amendment. The Bill allows a landlord to take possession of a property for a family reason. This is a small extension to the number of reasons for which a landlord could take possession of a property. That reason is that a property is to be used by a carer for a family member who requires full-time care.

The amendment clearly sets out that the property needs to be in close proximity to the landlord’s family home and be used by the carer. The reason for the close proximity is so that the carer can attend not only on a daily basis but, more importantly, be available to attend in emergencies, quickly and efficiently. These can be on a regular occurrence in some cases. The types of properties that I have in mind are: annexes on homes; a flat in a block of flats where the landlord’s primary residence is located; properties in less urban areas, such as rural villages, hamlets and remote farms; and small property clusters where properties are in short supply.

I appreciate that tenants would be forced to leave a property, but this amendment does not seem to shorten the four months’ notice period. The Bill allows some landlords the opportunity to gain possession for an employee or a worker for agricultural purposes under ground 5A in Schedule 1. I have assumed that the reason why this exemption has been included is that agricultural workers need a property close to their place of work due to the nature of the work, and at all times of day. The need of a carer is similar to that of the agricultural worker: they need to be close to the patient and could be on call and work unsociable hours.

Most landlords’ and tenants’ relations are generally good, and most likely, the landlord would make the tenant aware that the tenancy could be terminated if a property needs to be for a carer. To leave a property is an unsettling upheaval for a tenant and their family, but they would be given four months’ notice. If there is good communication between parties, everybody lives in the knowledge that this could be a possible outcome and plan accordingly.

Financially, if you own an appropriate property, this is the most practical way a landlord or their family can provide the most cost-effective accommodation for a long-term carer, and when the family is facing a high demand on its finances. Only a limited number of landlords will use this possession right, but if needed, it would be welcomed by the family, as it would give flexibility in times of sadness and when time requires the need for it.

I thank the Minister for her engagement on the Bill and for our short discussion on the amendment. I note the Minister’s suggestions that alternatives could be found to house a carer, but my response is that to find a property in the correct location and which is suitable for a carer would be extremely difficult in this current high-demand rental marketplace.

The second suggestion was that the tenant has the right to a secure home. The other side of that debate would be: would it not be a reasonable case that the landlord has a right to gain possession of their own assets for the benefit of their well-being or a family member’s own caring needs?

Properties are owned for many purposes: in some cases, for financial reasons, like investments, and to provide regular income or pension funds. It may be available to rent during a job relocation or as a future residence in a desired location. All these landlords who own such properties could gain possession under the Bill when needed. However, if the property owner who may wish to use a property for a legitimate family reason, to care for a family member, cannot gain access to the property at the time of need, then this amendment seeks to rectify this.

In summing up the group beginning Amendment 10 in Tuesday’s Committee, the Minister said that those amendments did not meet

“the bar to overrule the general principle that private renters should have secure homes”.—[Official Report, 22/4/25; col. 615.]

I believe that a long-term carer of somebody crosses that bar to enable possession for a family.

[Baroness Bowles of Berkhamsted (LD)]

My Lords, unfortunately, I was unable to speak at Second Reading, but I saw that the noble Lord, Lord de Clifford, raised an issue that I wanted to raise, concerning the matter of carers, and I have been pleased to co-operate with him to produce Amendment 64. First, I declare my interests as a private landlord for over 25 years, both in a personal capacity, with lettings in Hertfordshire and Buckinghamshire, and also as an experienced—though unpaid—trustee-type director for lettings in Buckinghamshire.

Being a landlord started accidentally: when I rented a property, I intended to sell to a friend in need. Then, like many self-employed people without an employment-linked pension, I saw its value as pension provision instead of selling it and that it kept the asset available, if needed, for business-loan security. I have had conversations about the extra risks and costs, should we sell and what it means for rents. I have, as the Minister said we should on Tuesday, examined our business models. Even without exposure to mortgages, the effect is that rents will rise and will track market rates sooner rather than risk larger, less frequent adjustments that are more likely to attract challenge, which, of course, would exert an inflationary feedback loop on rents. In a nutshell, it has made it riskier to be a benign landlord.

--- Later in debate ---

We have put much thought into the design of the grounds for possession. For the reasons I have outlined, we are not convinced that these amendments are the right approach and I respectfully ask that they not be pressed.

[Baroness Bowles of Berkhamsted (LD)]

With regard to the amendment concerning carers, the main reason for rejecting it seems to be that it would not be widely required; that it would only be a small minority who might find themselves in that situation. But is not the majority of this Bill based on the actions of a small minority of landlords? Therefore, we should look at both sides of the minorities argument.

The Minister said that the ground could be exploited. If such an amendment were to come forward in a fuller form on Report, it could clearly lay out the evidence that it would be necessary for the court to see—just the same as for a sale or any other purpose. For the purposes of a probing amendment, of course, that is not there.

I would ask to have another meeting with the Minister—I know that the noble Lord, Lord de Clifford, has had one, but perhaps those of us who are interested could have another. I do not see that there is any substance in saying that because it is a minority it does not apply; the whole Bill is about minority behaviour. Therefore, it is very relevant that any minority should be considered.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Baroness for those further comments. I am of course always happy to have a further meeting with her and the noble Lord, Lord de Clifford, on this subject. A core principle of the Bill is to increase the security of tenure that tenants enjoy. We want to keep our focus on that, but I understand the point the noble Baroness is making and the reason for putting forward the amendment. I think the words I used were that there was likely to be very limited use of this ground and a risk of abuse and that, where a family member would act as carer, there is another possession ground that can be used, but, of course, I am happy to meet and discuss it with her before Report.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, Lord Cromwell, for his further clarification. I considered that we had a very useful meeting earlier on this and I have thought about it very carefully. I think the current 12-month restriction on re-letting is the right one to prevent abuse of those possession grounds, but of course I am happy to meet him and discuss it further.

[Baroness Bowles of Berkhamsted (LD)]

Can I also ask whether the Minister can provide any advice or evidence that she has been given concerning the issue of the European Convention on Human Rights and the right of access to property, as spoken about by the noble Lord, Lord Pannick?

[Baroness Taylor of Stevenage (Lab)]

The analysis on the ECHR is published in the ECHR memorandum. That information is set out in that document.

[Baroness Bowles of Berkhamsted (LD)]

What about the legal advice?

[Baroness Taylor of Stevenage (Lab)]

The advice I have is that it is in the ECHR memorandum, so I refer the noble Baroness to that. If she wants further advice once she has looked at it, I am happy to take that back to the department.