Leaseholders: Holiday Letting

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Tuesday 25th April 2017 Lords Chamber

[Baroness Gardner of Parkes (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as in the register.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the Government support the sharing economy. Individual leases and tenancy agreements are a matter for landlords and tenants. Tenants should always seek permission before subletting where that is contractually required.

[Baroness Gardner of Parkes]

One only wishes that was the situation. Too often, these are illegal lets, quite contrary to the tenancy agreement and the lease. Will the Minister consider, as he is still working on regulations, allowing people to have some access through the council whereby they could apply for a certificate indicating that they had the right to a short let? Then people would know that those were legal rather than illegal.

[Lord Bourne of Aberystwyth]

My Lords, the Government are not intent on interfering with freedom of contract. It is a matter between landlords and tenants. I must make it clear that we are not considering regulations in this area at all.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I am pleased to see that over the Recess the noble Lord has not lost his ability to get questions relating to defence under the radar, as it were. I will of course ensure that he gets a full response.

[Baroness Gardner of Parkes]

My Lords, is the Minister aware that in some cases people coming in are endangering lives and threatening long-term residents in blocks? Is he also aware—I think I have drawn the House’s attention to this before—that in New York and Berlin blocks that have long-term residents are not allowed to do short lets at all? All the short lets have to be done in places that are designated as such and therefore do not destroy the lives of people. I know personal cases where people have lived in these blocks for more than 50 years and they find that their front door is smashed and they are threatened. It is really quite a terrifying situation.

[Lord Bourne of Aberystwyth]

My Lords, the whole House will of course sympathise with the situation that the noble Baroness is in if she is suffering from these sorts of situations, but there is a whole panoply of criminal law to deal with these issues. This is nothing to do with Airbnb; it is a breach of the law relating to violence and criminal damage. It is not a matter for Airbnb. I note what she says about other cities, but that is not the provision here. The provision set in the Deregulation Act specifically for London is 90 days. If companies are acting within that, as Airbnb is, we can ask little else of them.

Housing: Letting and Managing Agents

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Tuesday 28th March 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, once again I thank the noble Lord for the part he has played in this. He asked specifically about one aspect of the consultation. As I say, we will be consulting on enforcement and implementation. He rightly draws attention to the fact that on occasion there has been a prime authority in this sort of area supervising the enforcement—Powys was an example used in the review, although in this instance, because it is England only, it cannot be Powys. A strong case has been made out, but of course we will be consulting on it.

[Baroness Gardner of Parkes (Con)]

My Lords, is it not essential in producing this final scheme that it should be as fair and as protected as the deposit protection schemes which exist for tenants’ deposits at present? In particular, there needs to be some kind of recognition that estate agents have to receive money in order to get the security checks, references and other things they need. They have to be carefully considered as well. It has to be fair to all parties.

[Lord Bourne of Aberystwyth]

My Lords, it certainly does need to be fair to all parties. The evidence from the consultation was that about 85%, if I am not mistaken, backed the need for enforcement in this area, so that obviously was a key factor. I agree with my noble friend that the consultation will need to ensure that it is fair and equitable across a wide variety of people.

Allotments: Council Provision

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Monday 6th March 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness makes an important point about pollinators and the great variety of plants and vegetables that grow on allotments. I have had the opportunity to see this with my own brother—and I hope that he is listening to this so that I can benefit again this year.

[Baroness Gardner of Parkes (Con)]

My Lords, in the London area in the past the obligations were fewer for local authorities. Is it still the position that London is treated differently?

[Lord Bourne of Aberystwyth]

My Lords, my noble friend, who understands London like few others, is absolutely right: that was the position in the 1908 Act. However, since the 1925 Act, London has been dealt with on exactly the same basis. If I am wrong on that, I will write to my noble friend and put a copy of the letter in the Library.

Short-Term Letting for Holiday Purposes

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Thursday 2nd March 2017 Lords Chamber

[Baroness Gardner of Parkes (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and declare my interest, which is in the written register.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the Government support the shared economy and have no plans to introduce a blanket ban on whole-property listings. London boroughs can already apply to the Secretary of State for consent to restrict short-term letting in a particular area where necessary. We welcome Airbnb’s recent decision to amend its systems so that entire-home listings in London are not available for more than 90 nights in any given year without appropriate planning permission.

[Baroness Gardner of Parkes]

I thank the Minister for that reply, but is he aware that many—possibly even most—Airbnb lettings are of properties which are not allowed to be let on a short-term basis, as they are in long-term residential blocks of flats? In New York, these short-term lets are no longer allowed in any block which is long-term residential, because of the degree of disruption. Is he further aware that seven London boroughs have called for legislation on this issue?

[Lord Bourne of Aberystwyth]

My Lords, taking up the very relevant last point first, London boroughs have the power—indeed, the responsibility—to enforce that in their areas. The matter rests with local authorities if hosts and tenants are breaking the law on the 90-day limit—not 90 consecutive days but 90 days in any given year; they have that power. There are restrictions in New York, but it is still possible to operate there, albeit within different limits from those in London.

Neighbourhood Planning Bill

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017 Lords Chamber

[Baroness Gardner of Parkes]

My Lords, I thank those who have spoken. I have been very impressed by how clear they have been and by how many have had direct experience of exactly what I have brought forward, which encourages me to think that we have a case that should be looked at. On my last amendment, the Minister remarked helpfully that he would be willing to look at the issues raised, particularly in terms of secondary legislation that was possibly going to come forward later in the year. If he could similarly assure me that this would be the case here, and the matter would not be just dropped and forgotten, I would be very happy to accept that assurance. It is an important issue, and ordinary people feel justifiably aggrieved when something like that happens and they did not even have the opportunity to know that it was going to happen before suddenly getting the letter which says “We have granted permission”. You did not even know anything was going to be considered, and it has gone through the whole retrospective permission without anyone being notified.

Perhaps the Minister could do something to ensure that people considering retrospective permissions see that the correct consultation takes place and that people know that these matters are being considered. It is very upsetting for people when they suddenly find out that it is all a fait accompli. A very telling point indeed was made that if someone is doing this as a deliberate policy, they will do it again and again. A lot has come out in the debate today and I just hope that the Minister will say that he will look thoroughly into these issues in terms of possible regulations or secondary legislation on the subject at a later date.

[Lord Bourne of Aberystwyth]

My Lords, I shall respond to my noble friend’s suggestion. There is certainly no intention to postpone action on this where action is needed, but I would first like to see the evidence of what the problem is before identifying possible solutions to it. I certainly give her the undertaking that I very much look forward to her bringing forward evidence, but some of this seems to relate not so much to not having the legal process there but to the legal process not being enforced. If we see evidence of that, we can look at how it can be properly enforced, but I am very happy to engage in discussion with my noble friend. I think she knows me well enough to know that that would not be with a view to postponing action but with a view to amassing the evidence so that we can look at this.

[Baroness Gardner of Parkes]

I thank the Minister for that undertaking, which is very valuable. It is up to us now, particularly those who have spoken today and who clearly have direct experience of this. I would be very grateful if they would bring forward cases that they have come across so that the Minister has a fairly good list of things, ranging over different parts of the country, because the practice varies from place to place. He has given a very fair answer to my debate and for that reason I beg leave to withdraw the amendment.

Neighbourhood Planning Bill

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend Lady Gardner of Parkes for tabling these amendments and the noble Lords who participated in the debate: the noble Lords, Lord Beecham and Lord Tope, and my noble friend Lord Swinfen.

In relation to Amendment 9 relating to public holidays, as I indicated in Committee, I have sympathy with it. It seems to be a common-sense provision. I am more concerned about Amendment 10 in relation to August and Christmas. It makes assumptions about holidays which, while often true, may not always be true. There are other holiday periods. So I am more concerned about that, but I am very happy to talk to my noble friend about it.

I will undertake to implement the provision in relation to public holidays by the end of this year. I would like to be able to talk to local authorities about it. With the firm undertaking that we will implement this in relation to public holidays later this year, which we can do by secondary legislation, and my offer to talk to my noble friend about August and Christmas, which I want to have a discussion about because the amendment raises wider issues, I hope that she will withdraw her amendment.

[Baroness Gardner of Parkes]

Will the Minister clarify when he will talk to me about this? Is he planning to talk prior to Third Reading or at a later stage?

[Lord Bourne of Aberystwyth]

My Lords, I had not given it much thought; obviously I have quite a lot on between now and Third Reading. On the basis that my noble friend has the undertaking that we will definitely do what she wants us to do in relation to public holidays by the end of the year, the discussion is less urgent because this would not be something that we would do at Third Reading. However, if my noble friend particularly wants to meet before Third Reading—we do not have a date for Third Reading yet, with any certainty—I would be happy to do so.

[Lord Bourne of Aberystwyth]

The difficulty relates to the other amendment. It is only fair that we inform local authorities and have a discussion with them by the end of the year. I do not think that that is unreasonable. If my noble friend is asking about the other provision, it raises other concerns. The other provision is a common-sense provision, but I would like to make sure, in accordance with my approach, that we have an appropriate dialogue with those who are affected.

[Baroness Gardner of Parkes]

I welcome what the Minister said. It sounds as if he is thinking kindly of Amendment 9, which is so clear-cut that I cannot imagine anyone opposing the idea. But the holiday issue is important to families and, as has been said, to officials in the various authorities. Will the Minister clarify whether, if he brings this out in secondary legislation, we could hope for it to be looked at a bit more rapidly? As he knows, I have been quite disappointed at how long things have taken in relation to the Housing and Planning Act 2016. It went on interminably without us ever seeing any regulations. So if he proposes to deal with this through secondary legislation, I would like an assurance that it will be fairly soon—and if we could have a quick word before Third Reading, that would be helpful, too. Perhaps he could confirm that.

[Lord Bourne of Aberystwyth]

My Lords, I have given an undertaking to take this away and implement it by the end of the year. It could be that we could expedite it before that, but I have given a very firm undertaking to act on it. I do not think that I have been slow at all. I note what my noble friend said about the Housing and Planning Act, but that was not discussions that we had; I was not involved in that legislation.

I am also very happy to take away the other issue and have a look at it to see whether there is anything we can do in relation to it. However, as I think my noble friend will accept, there are other considerations about when people go away—Easter and so on—so there are broader concerns. My noble friend is right that it is a common-sense provision; it may be that we can expedite it more quickly than the end of the year, but that is the undertaking I will give. I am very happy to meet her in short order when we can both find time in our diary to have the discussion, if that is acceptable to her.

[Baroness Gardner of Parkes]

I am sorry to have made a bit of an issue out of all this, but the Minister has been very good in clarifying what he has said. I pin my hopes on him doing what he said and beg leave to withdraw the amendment.

Housing White Paper

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Tuesday 7th February 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is being a bit of an Eeyore. We are being encouraged to build more, which we are seeking to do here. If it is a question of supply and demand, the more supply there is, the more that would affect the price. There are also provisions in the White Paper with regard to landlords, which we are consulting on, and which landlords would not necessarily welcome—the bad ones certainly will not. We are looking across the board at unreasonable terms in leasehold provision, and at some where people think they are buying their own home only to find that they have a ground rent payment, for example, or things of that nature. Therefore, if the noble Lord studies the White Paper, he will see that it is extremely fair.

[Baroness Gardner of Parkes (Con)]

My Lords, my noble friend just mentioned the leasehold system, which is quite iniquitous and very damaging. There should be encouragement for more freehold, or commonhold, properties in new build, because then people will own their houses instead of being indebted to someone who owns the land they live on.

[Lord Bourne of Aberystwyth]

My noble friend makes a valid point on the point I just made, and that is exactly what we are seeking to do. However, across the board we are going for a mixture of tenure. It is important that it is properly regulated; most landlords are perfectly honourable, obey the rules and are quite fair. We want mixed tenure and we are putting fresh emphasis on leaseholds, so that people realise what they are getting, rather than finding, when they thought they had purchased their own house, that they have a long lease with unreasonable terms.

Neighbourhood Planning Bill

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Lord Bourne of Aberystwyth]

The noble Lord makes a very fair point. However, we do not want to flex the legislation and extend the period for the very small minority that fail to meet the deadline when, as I said, the vast majority perform very well. That would send out the wrong message.

I turn to Amendment 27A, spoken to very ably by the noble Lord, Lord Taylor of Goss Moor. He was at pains to tell us that, like all the other amendments in this group, this is a very good one. We tend to agree: this is a sensible amendment. It seeks to move responsibility for any town development corporation established under the New Towns Act 1981 from the Secretary of State to the relevant local authority.

I say at the outset that I support the broad thrust of the amendment. This Government are supporting 10 locally led garden cities and towns and 14 locally led garden villages—high-quality new settlements of between 1,500 and tens of thousands of new homes. The noble Lord, Lord Taylor, has been an influential and important voice in the creation of our garden villages programme, and I thank him for his engagement.

We have seen a strong response locally to our offer of support for locally led garden cities, towns and villages, and we want to do more to help the places that are currently in our programme, and others which may become part of it in future, deliver. The Government recognise that a statutory delivery vehicle, such as a new town development corporation, may in some circumstances be a helpful means of co-ordinating and driving forward the creation of a new garden city, town or village.

The Government also recognise that, in line with our locally led approach, this statutory delivery vehicle, while enjoying significant independence to get on with the business of delivering, should be accountable not to central but to local government. I stress that. That is an argument that has been made not only by the noble Lord but by the Local Government Association and the Town and Country Planning Association.

If there is sufficient local appetite, we will consider legislating to amend the New Towns Act to enable the creation of development corporations, for which responsibility rests locally, not with central government. I reassure noble Lords that the Government recognise and support a locally-led approach to the creation of new garden towns and villages. This fits also with our devolution agenda more generally. As I have indicated, the statutory delivery vehicle of the new town development corporation already enjoys significant independence. However, I believe it should be accountable to local government, not central government.

To that end, should there be sufficient appetite we will look into making local bodies accountable for the new town development corporations, with new legislation should local areas show that they would use it. Discussions stemming from the White Paper would be the first step in exploring local appetite. I hope that with this reassurance and the statement of policy going forward, the noble Lord feels able not to press his amendment. Following the indications I have given, I also ask my noble friend Lady Gardner to withdraw her amendment.

[Baroness Gardner of Parkes]

I thank all those who supported what I had to say. I do not think it is at all onerous for the good authorities that are already doing what the amendment suggests, and it is important to help those who are living somewhere where they are not getting the benefit of this. However, I beg leave to withdraw my amendment.

Housing: Lettings Fees

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Thursday 19th January 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord addresses wider issues. He will probably know that the DCLG working party on affordability and security has reported and we are now considering our response to it, which will cover many of the issues that he just raised.

[Baroness Gardner of Parkes (Con)]

Are we any closer to having the draft or final regulations under the Housing and Planning Act 2016, which we wanted in the pretty early days even before we started discussing it when it was a Bill? We kept being told that we would get them and, as far as I know, we still have not.

[Lord Bourne of Aberystwyth]

My noble friend is perhaps aware that I have written to noble Lords, partly in response to her previous Question, giving a detailed timetable in so far as I have it on when the regulations will be brought into force, but I will circulate it to her again in case it has gone missing.

Housing and Planning Act 2016

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Thursday 24th November 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as I say, the announcement made yesterday will add to housing supply. The noble Lord will know that pay to stay remains a voluntary policy—indeed, there are occasions where I think it appropriate that people on high incomes should pay—but I take his comments to indicate support for the move that we have taken.

[Baroness Gardner of Parkes (Con)]

My Lords, can the Minister tell us when we will see the regulations? We are still waiting for them. During the whole of last year’s debates on the Bill, we asked for the draft regulations and were assured that they would be coming shortly. This year, I have asked about them again many times. I do not know whether I have just missed them, and they have come and gone. When are we going to see them?

[Lord Bourne of Aberystwyth]

My Lords, many parts of the Housing and Planning Act are in force already—for example, on brownfield registers, speeding up the local and neighbourhood planning system, raising the performance of local planning authorities and so on. As my noble friend will know, we are looking at regulations on rogue landlords and so on that will come into force next year, partly in April and partly in October. If she wishes me to look at specific areas, I am certainly willing to meet her so perhaps she could get in touch about them.

Living Home Standard

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Thursday 17th November 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is right to re-emphasise the importance of housing standards. The social sector is subject to a slightly different regime, in which standards apply. As I have indicated, we have provided more money for raids and inspections, and the measures in the Housing and Planning Act that will be brought into force next year will tighten up the position in relation to rogue landlords.

[Baroness Gardner of Parkes (Con)]

My Lords, is not it necessary for councils to make some sort of charge in order to inspect a property? All councils are very hard pushed for money and find it extremely difficult to carry out the necessary inspections.

Short-Term Letting: Deregulation

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Wednesday 19th October 2016 Lords Chamber

[Baroness Gardner of Parkes (Con)]

My Lords, while reminding the House of my interests as declared in the register, I beg leave to ask the Question standing in my name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

The Government support the shared economy and monitor trends in private rented housing through the English housing survey. It is right that Londoners should have similar rights as elsewhere in England and be free to sublet their homes where their tenancy, contract or mortgage allows. We do not support the abuse of planning laws, and those in breach face a fine of up to £20,000.

[Baroness Gardner of Parkes]

I thank the Minister for that Answer but, in view of the report in today’s press that Gavin Barwell has just announced a clampdown on rogue landlords and a return of powers to local councils to enable them to deal with crowding in residential lettings, will the Minister confirm that the licensing powers for local councils will also cover Airbnb lettings, which I have reported to the House on a number of occasions, whereby 10 people are routinely occupying one-bedroom flats in some residential blocks for a series of short lets that are not allowed under those leases?

[Lord Bourne of Aberystwyth]

My Lords, I think that to a degree my noble friend has covered the issue with her last point. Powers already exist for landlords to enforce provisions if they are in breach of leases. There are also planning regulations. The mandatory listing changes in relation to HMOs announced yesterday in another place by Gavin Barwell relate to residences where there are shared facilities. That would not cover tower blocks, which I think is the area on which my noble friend is focusing her attention.

Homelessness

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Monday 17th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I share the noble Lord’s feeling that homelessness is something that we need to take action about. He will know that it is a very high priority for the Prime Minister and the Government. I agree with him that the Bob Blackman Bill is worth serious consideration. He will know that it has gone through pre-legislative scrutiny by the Communities and Local Government Select Committee, and the Government are considering it closely.

[Baroness Gardner of Parkes (Con)]

My Lords, will the noble Lord tell us what he defines as homelessness, and particularly hidden homelessness? Does he include all these young people who are forced to remain in the family home who would dearly love to move on and have property, or at least a small dwelling, for themselves?

Housing: Vulnerable People

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Thursday 13th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is right to address the protection of people with vulnerabilities. Eight thousand of the new supported homes are for people who are vulnerable, elderly and with disabilities, so that will be at the forefront of our mind. More than 6,000 specialised homes are being provided by the Department of Health’s care and support specialised housing programme. I am sure that the noble Baroness’s message will be heard very loudly and taken care of.

[Baroness Gardner of Parkes (Con)]

My Lords, while it is good news to hear that we are encouraging more of this, can the Minister assure us that everything is being done to ensure that where a property that has been adapted with special aids is no longer required because the person has died or moved on to long-term care, someone else with special needs gets it and it does not just get lost to this sector?

[Lord Bourne of Aberystwyth]

My Lords, noble Lords will appreciate that a lot of these issues are dealt with at a local level, so this is not prescribed centrally. It is for local areas to ensure that their particular needs are taken care of. What my noble friend has referred to appears to be common sense. I will seek to assure her by letter that this is common practice. I am sure it is, but there is diversity and it is a matter for local authorities.

Home Ownership

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Thursday 15th September 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, perhaps the most significant feature of the housebuilding situation is the budget commitment. We have increased the budget for housing for this Parliament. In fact, we have doubled it to £20 billion, £8 billion of which will help to deliver 400,000 affordable housing starts.

[Baroness Gardner of Parkes (Con)]

My Lords, I must remind the House of my interests in the register, and a tenant of mine has just notified me that he has been able to be helped to buy his first home. Can the Minister assure me that these homes will be freehold and not part of an antiquated leasehold system which really means that people have only a very limited time in ownership of the property?

[Lord Bourne of Aberystwyth]

My Lords, as I indicated, we are looking at various tenures. I am pleased that my noble friend found through her acquaintance that we are getting on with this policy. We are committed to 200,000 starter homes in this Parliament. As I indicated, that is with a range of tenures. Some leaseholds, such as 999-year leases, should be long enough for most people in this House.

Housebuilding: Target

Debate between Baroness Gardner of Parkes and Lord Bourne of Aberystwyth

Tuesday 19th July 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, we are in the process of releasing public land for housing. We have released considerable tracts in Dover, Chichester, the north of Cambridge and Gosport, for example, and this work is continuing. The noble Lord is right to draw the attention of the House to the issue.

[Baroness Gardner of Parkes (Con)]

My Lords, in view of the comments about the need for more social housing, is the Minister aware that some boroughs, such as the London Borough of Camden, to which I spoke today, have simply said that anyone who has not already lived there for five years, no matter how deserving their cause, is not to be considered for social housing? I was speaking about a very extreme case of a woman well over 60. Is that common practice at the moment? Is there simply a failure to offer, and a sudden changing of the terms for social housing?