Social Housing (Regulation) Bill [HL]

Baroness Fookes Excerpts

Committee stage
Tuesday 6th September 2022 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I want to speak to Amendment 28 in my name. Clause 22(3) sets out the powers to carry out a survey of a property without a warrant. The authorised person, who would be named by the regulator, is given these powers by this clause, as long as the registered provider has been given 48 hours’ notice. This seems fair enough to me. By the same clause, the tenant is given only 24 hours’ notice. The reason for the difference in the timings of the statutory notice is not clear to me. The purpose of Amendment 28 is to probe the thinking behind this difference. In lieu of any explanation, I propose that the notice period for both provider and tenant should be 48 hours.

The changes made by Clause 22(3) move the responsibility for giving notice to enter a property from the registered provider to the authorised person. Therefore, there is no practical reason—as there was originally in the Housing Act—for the difference in the notice period. This is especially true as, to quote from the Bill, the notice can be fixed to a

“conspicuous part of the premises.”

When the Minister responds, will she also help me by explaining the addition to the Housing and Regeneration Act 2008 of new Section 218B? I apologise; I noticed this only when I was reading the Bill more carefully yesterday. The tenant is provided with a copy of the performance improvement plan—which is drawn up where a registered provider has failed to reach a statutory standard for properties under their responsibility —only if they make a “written request” for one. This seems unreasonable and not to fulfil the other parts of the Bill which are for greater transparency. In my view, the registered provider or the regulator should have a duty to inform the tenants affected by the performance improvement plan as a matter of course. Tenants who are directly impacted by poor quality of provision will want to be in a position to ensure that the plan is fulfilled. They are best placed to call the registered provider to account. I apologise for raising this issue at the last minute in the debate. If the Minister cannot give me a reply, I should be happy to receive a written response.

The amendments in the name of the noble Baroness, Lady Hayman of Ullock, make excellent sense and we support them. I beg to move my amendment.

[The Deputy Chairman of Committees (Baroness Fookes) (Con)]

My Lords, I remind Members of the Committee that only the first amendment in a group is moved until such time as it is reached on the Marshalled List.

[Baroness Scott of Bybrook (Con)]

I thank the noble Baronesses for tabling amendments on these important issues. This group of amendments primarily relates to the Regulator of Social Housing’s monitoring and enforcement powers.

Amendment 3 relates to compensation. I begin by stating that registered providers of social housing should always seek to rectify problems relating to the housing they provide. In certain circumstances, where they do not do so and continue to fail their tenants, it is right that tenants are compensated for the suffering caused as a result of these failings. However, I must reject this amendment.