Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether they plan to legislate in connection with the right to manage in order to provide a limited time within which non-resident leaseholders who fail to respond can be deemed to have agreed to a proposal.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The maintenance and repair of a block of flats containing leasehold properties is normally the responsibility of the landlord and will be set out under the terms of the lease. This responsibility can pass to a Right to Manage Company where leaseholders have exercised and acquired that right, allowing them to exercise direct control over how their block is maintained.
Landlords, or those who have acquired the Right to Manage, have a contractual obligation under the terms of the leases to carry out necessary works to the properties that they are responsible for maintaining. Where works are suggested by a majority of leaseholders that are not essential to the repair or maintenance of the property, we would expect landlords to engage with their leaseholders to discuss the feasibility of the suggested works, but there are no plans to legislate to obligate landlords to carry out such work.
There are also no plans to legislate to provide a limited time within which non-resident leaseholders who fail to respond to a proposal for qualifying works, are deemed to have agreed to the proposed works. The statutory consultation process (known as section 20) gives leaseholders the ability to have a greater say on proposed works to their property by making observations. It does not require leaseholders to make observations, but any observations that are made must be made within a specified time limit. The landlord (or Right to Manage Company) is therefore in the knowledge that subject to observations made, they are able to proceed with necessary works.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government what consideration they have given to the issues involved in maintaining or improving leasehold properties under the Commonhold and Leasehold Reform Act 2002, in particular in central London, where a right to manage exists.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The maintenance and repair of a block of flats containing leasehold properties is normally the responsibility of the landlord and will be set out under the terms of the lease. This responsibility can pass to a Right to Manage Company where leaseholders have exercised and acquired that right, allowing them to exercise direct control over how their block is maintained.
Landlords, or those who have acquired the Right to Manage, have a contractual obligation under the terms of the leases to carry out necessary works to the properties that they are responsible for maintaining. Where works are suggested by a majority of leaseholders that are not essential to the repair or maintenance of the property, we would expect landlords to engage with their leaseholders to discuss the feasibility of the suggested works, but there are no plans to legislate to obligate landlords to carry out such work.
There are also no plans to legislate to provide a limited time within which non-resident leaseholders who fail to respond to a proposal for qualifying works, are deemed to have agreed to the proposed works. The statutory consultation process (known as section 20) gives leaseholders the ability to have a greater say on proposed works to their property by making observations. It does not require leaseholders to make observations, but any observations that are made must be made within a specified time limit. The landlord (or Right to Manage Company) is therefore in the knowledge that subject to observations made, they are able to proceed with necessary works.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether there is an authority that has the right to inspect properties with regard to the number of people living in the property; and what power that body has to act.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Local authorities have powers under Part 10 of the Housing Act 1985 to tackle overcrowding. They can inspect a property to determine the number of people who are living there and have powers to take action against landlords of overcrowded properties on a tenant’s behalf, such as serve a notice to abate overcrowding.
In addition the Housing Act 2004 introduced the Housing Health and Safety Rating System which is designed to assess the presence and severity of a range of hazards in the home, such as excess cold, fire, crowding and space. This allows action to be taken by local authorities, such as issuing an improvement notice, against individual properties which are substandard or dangerous.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government, further to the Written Answers by Lord Ahmad of Wimbledon on 7 and 20 January (HL3615 and HL4297) and his remarks on 4 March (HL Deb, col 272), which local authorities (1) opposed reform, (2) were not opposed, and (3) expressed no opinion, in response to their consultation on deregulation of short-lets in London; and why they did not provide that information in response to the previous questions from Baroness Gardner of Parkes.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Fifteen London local authorities responded to question 22 of the discussion document on Property Conditions in the Private Rented Sector. Eight authorities responded to the effect that they opposed reform of the legislation: Haringey, Enfield, Camden, Westminster, Newham, Redbridge, Lambeth and the City of London. Seven were not opposed to a review: Lewisham, Sutton, Southwark, Hammersmith & Fulham, Harrow, Islington and Greenwich. The remaining eighteen of the thirty-three London local authorities did not respond to this question.
This detailed information was not provided in response to the questions on 7 and 20 January, as the Government had not yet concluded its consideration of the responses to the discussion document. The answers provided on 7 and 20 January explained that the Government had yet to publish its formal response to the consultation on the Review of Property Conditions in the Private Rented Sector, and that we intended to do so alongside details of our policy on short-term letting in London, prior to Lords Report Stage of the Deregulation Bill. The Government’s response to the discussion document, and proposed policy, was published in a policy paper on 9 February entitled ‘Promoting the sharing economy in London: Policy on short-term use of residential property in London’.
We took into account these representations from London boroughs and others, and as a result, introduced a series of checks and balances as outlined in my Written Ministerial Statement of 9 February 2015, Official Report, HLWS242. These were not in the original consultation paper, but were a consequence of the consultation.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government what plans they have to amend the qualifying threshold for leaseholders to activate a change of management under the Right to Manage scheme to enable those who fail to reply to be deemed to have agreed to a change of management in order to meet the threshold.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Government currently has no plans to consider amending the criteria for exercising the right to manage, to enable non-responders to have been deemed to have agreed to a change of management.
Exercising the right to manage should not be taken lightly. There are significant responsibilities; it commits members to costs and creates liabilities.
In the circumstances we believe that it is essential that everyone understands the responsibilities and commitments they are making and it is therefore important they are actively engaged in the process.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government, further to Lord Ahmad of Wimbledon’s response to Lord McKenzie of Luton on 7 January (HL Deb, col 339), when they will publish the results of the consultation on the review of property conditions in the private rented sector; and whether they will ensure that these results are published before the Report Stage of the Deregulation Bill.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
We have already undertaken a policy consultation and we have been carefully considering the responses on how best to frame our proposed deregulatory reforms.
We intend to publish our proposed policy response on the issue of short-term lettings in London prior to the Report Stage of the Deregulation Bill, including our conclusions from that part of the broader consultation on conditions in the private rented sector. We will also write to interested peers and flag in a Written Statement to both Houses to help facilitate scrutiny by Parliament.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government, further to the Written Answer by Lord Wallace of Saltaire on 20 January (HL4045), when the detailed policy position on short-term lettings in London will be provided to Members; and how they will consult Members and the full range of stakeholders on its contents.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
We have already undertaken a policy consultation and we have been carefully considering the responses on how best to frame our proposed deregulatory reforms.
We intend to publish our proposed policy response on the issue of short-term lettings in London prior to the Report Stage of the Deregulation Bill, including our conclusions from that part of the broader consultation on conditions in the private rented sector. We will also write to interested peers and flag in a Written Statement to both Houses to help facilitate scrutiny by Parliament.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government, further to the Written Answer by Lord Ahmad of Wimbledon on 7 January (HL3614, HL3615, and HL3616), whether they will now answer question HL3615.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Government intends to publish a formal response to the consultation on the Review of Property Conditions in the Private Rented Sector shortly.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government what action long-term tenants and leaseholders can take in the case of (1) illegally short-let properties in their block, and (2) over-occupation of small flats.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Where a property is believed to be being sub-let illegally, including where an occupation limit is specified for the property which is being exceeded, tenants or leaseholders in the block should familiarise themselves with their tenancy or lease to determine what rights, responsibilities and obligations exist, and consider referring the matter to their landlord to take any remedial action that may be necessary in the first instance.
Where a resident is concerned that a social housing tenancy has been illegally sub-let, they should report the matter to their local council to ask them to investigate the potential social housing fraud.
Councils have a range of powers over housing standards, including unsafe or over-crowded accommodation. These are laid out in our guide for local authorities on dealing with rogue landlords.
www.gov.uk/government/publications/dealing-with-rogue-landlords-a-guide-for-local-authorities
Residents should report such matters to the council if they are concerned about potential breaches.
Asked by: Baroness Gardner of Parkes (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government what action tenants living in flats which are part of a divided house can take where the relationship between tenants and leaseholders has broken down.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Where relations between tenants and leaseholders break down, which cannot otherwise be resolved amicably or by alternative dispute resolution, leaseholders are protected by the terms of their lease and the rights, obligations and responsibilities therein. These may include requiring the landlord to enforce the terms of the lease or tenancy in accordance with any obligations that they may have to do so.