Housing: Private Rented Sector

Baroness Thornhill Excerpts

Thursday 12th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My noble friend brings up an extremely important point. The Government have always welcomed new institutional investments in the private rented sector and will continue to do so. We have also made a number of interventions to support the build-to-rent sector, such as the build to rent fund and the private rented sector guarantee scheme. Build to rent boosts housing supply and diversifies the private rented sector, but it also increases quality and choice for renters in cities and towns across the country. I will take the noble Lord’s views back to the department, and we will look into this further.

[Baroness Thornhill (LD)]

My Lords, I thank the Minister for her answer to the first part of the Question, but does she accept that part of the reduction in supply is due to some landlords choosing the more lucrative Airbnb lettings and platforms, and that the Government’s policy to restrict mortgage interest relief on buy-to-let mortgages has inadvertently contributed to this loss of homes by exempting those lettings from that relief? Will the Government look seriously at this and other tax issues to level the playing field in order to attract landlords back to much-needed longer secure tenancies?

[Baroness Scott of Bybrook (Con)]

The noble Baroness brings up an important point. We know that this has become more important over the last year. We have committed as a Government to consult on the introduction of a use class for short-term lets; I think that is important. Subject to the outcome of that consultation, this will help local authorities to better control the increase of such uses where landlords seek to use existing homes for short lets, rather than using them for longer lets.

Housing: Cost of Living

Baroness Thornhill Excerpts

Thursday 15th December 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

Yes, I agree with that. We are seeing some difficulties within the private rented sector because of the issues of the maintenance of these private properties, but also because of the expectations, as the noble Lord said, about the decarbonisation of those properties. That is why we are offering a number of funding streams to SMEs at the moment in order to do that.

[Baroness Thornhill (LD)]

My Lords, given the Minister’s earlier answer to the noble Lord, Lord Young, will she concede that the Government’s refusal to unfreeze housing benefit and raise the local housing allowance is ignoring a rental crisis that is already unfolding, particularly in the private rented sector, and that consequently this winter homelessness and evictions will increase? Have the Government done an impact assessment of that decision? More importantly, will they now consider a temporary ban on no-fault evictions, as happened during the pandemic?

Renters Reform Bill

Baroness Thornhill Excerpts

Tuesday 22nd November 2022 Lords Chamber

Asked by

[Baroness Thornhill]

To ask His Majesty’s Government when they will be bringing forward the promised Renters Reform Bill based on the White Paper A fairer private rented sector published on 16 June.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

The Government’s consultation on introducing a decent homes standard to the private rented sector closed on 14 October. We are considering the responses carefully and will publish our response to the consultation as soon as we can. In the meantime, the Government have committed to ban Section 21 no-fault evictions to protect tenants and will introduce a renters reform Bill in this Parliament.

[Baroness Thornhill (LD)]

I thank the Minister for that definitive Answer. As we were promised it in 2022-23, this definitely feels like a disappointing push-back of the much-needed reform of the private rented sector, which I and many others look forward to, as there is much work to do. For example, last week in the Budget the Chancellor said that rent hikes of 11% were unaffordable and acted to cap rent rises faced by social tenants. However, private landlords are still free to charge the going market rent and, according to Zoopla, this has increased nationally by 12% in the past year. In the same Budget, the Government chose to freeze—

[Noble Lords]

Oh!

[Baroness Thornhill (LD)]

I will get to my question; I note that noble Lords have been more liberal with other speakers. In the same Budget, the Government chose yet again to freeze housing benefit and local housing allowance levels. Does the Minister believe that this is fair, as it disproportionately affects private renters? Are there plans to review these levels? Given that private tenants are likely to pay higher rents than their social sector counterparts, does she agree that they too deserve protection from unaffordable rent rises?

[Baroness Scott of Bybrook (Con)]

My Lords, the Government do not support the introduction of rent controls in the private rented sector. Historically, evidence suggests that this would discourage investment in the sector and lead to declining property standards as a result, which would not help either landlords or tenants. Recent international examples also suggest that rent controls can have an invertedly negative impact on the supply of housing and may encourage more illegal subletting.

Housing Market

Baroness Thornhill Excerpts

Thursday 17th November 2022 Lords Chamber

[Baroness Thornhill (LD)]

My Lords, I welcome the noble Baroness, Lady Taylor of Stevenage, to this House. I look forward to what will no doubt be a thoughtful, considered and pertinent contribution to this debate. We worked constructively alongside each other in Hertfordshire for many years. I hope to do so again in your Lordships’ House.

I will make a quick aside to the noble Lord, Lord Lilley. I was dubbed “the pro-development mayor” by my political opponents, so nimbyism is not confined to one party.

I thank the noble Baroness, Lady Warwick of Undercliffe, for bringing forward this important debate. Quite rightly, we seem to be talking a lot about housing in both Chambers at the moment. As the noble Baroness cogently argued, we need a cross-sector housing strategy—one that spans 10, 15 or even 20 years. To succeed, I believe that it must have some degree of cross-party consensus. We on these Benches welcome this debate and the fact that the Labour Party, in common with us, is clearly putting housing front and centre of its political thinking. We too have just finished updating our housing policies, and it is not surprising that there appears to be much agreement, as there needs to be.

Across the many pressure groups, professional institutions, think tanks and government departments that provide us with many excellent briefings and statistics, there are clearly many areas of broad consensus, but none more so than the private rented sector, on which I will centre my remarks.

Change is so slow in coming. It is now more than three years since the then Prime Minister, Theresa May, declared with a fanfare of trumpets and a roll of drums that the Government would abolish no-fault evictions. In the words of the off-chanted song, why are we waiting? In that time, not only have hundreds of thousands of tenants been evicted through Section 21 notices, but more than 45,000 households have been threatened with homelessness as a result of being served such a notice. When will the renters reform Bill, based on the recent A fairer private rented sector White Paper, come to Parliament? Where is the timetable? We were promised that it would be enacted during the 2022-23 Session. According to an Answer given recently in the other place, this has now slipped to “at some point during this Parliament”. Will it abolish Section 21 evictions, or has there been some pushback from landlords?

Noble Lords may sense my frustration. The sector has always been characterised by insecure tenancies and high rents, and often poor conditions. In England, there are more than four million privately rented homes, housing more than 11 million people. There will always be a need for a decent, well-regulated private rented sector, but we do not have this now. House prices are getting beyond most low-waged and many median-waged workers, who cannot save enough to get a deposit together, given the significant rise in house prices and what they pay in rent. They can often be paying more in rent than a mortgage costs, but without the bank of mum and dad or an inheritance to provide the deposit, they are going to be renters for most of their lives.

This situation has become more acute in recent months, with letting agency statistics showing far fewer properties available to rent. Rightmove’s latest data shows that in the third quarter of this year, tenant demand for properties increased by 20% compared with the same quarter last year, and the number of properties available to rent was down by 9%—a loss of some properties, undoubtedly, to the more lucrative short-term lets market. Even the Royal Institution of Chartered Surveyors has warned of rents increasing as a result of the rise in tenant demand; at the same time, the number of new landlord instructions is falling.

I have been shocked by local anecdotal accounts of the fierce competition for properties and the lengths desperate renters are going to in order to secure a property. There is evidence from letting agents of a beauty parade of renters who are competing for properties, resorting even to sending in CVs of their well-behaved children and photos of their equally well-behaved dogs, alongside the more obvious deals of offering more months’ rent up front, agreeing to do some repairs and decorating—in short, anything to get into a property. In this climate, there are no prizes for guessing who does not get the house. The like of this has not been seen before, as the country faces a financial crisis—we are now officially in recession—and a winter of much discontent. Thus the need for urgent action, and hence the frustration.

If fast-tracked through the system, the rental reform White Paper, with its 12 excellent proposals—again, broadly agreed on—could have eased the situation for many as the winter crisis looms. In the meantime, will the Government consider a two-year rent freeze while the current economic pressures are expected to reach their peak?

The Government have decided once again to freeze local housing allowance, which will push millions of hard-pressed tenants to breaking point. Will they reconsider this, if only as a temporary measure? Does the Minister agree that there is an imperative to prevent evictions as winter approaches?

Latest government figures show homelessness in England rising by 11% in three months. Also according to the Government’s own figures, eviction from private tenancies is the second leading cause of homelessness. What worries me most about these recent statistics is that, despite being in full-time work, 10,500 households were found to be homeless or threatened with homelessness. This is the highest number of people in full-time work recorded as homeless since the Government started collecting this data. There are massive implications and messages in that one statistic.

Let us not forget that those statistics are people: families, all wanting the same as we do. Eventually they tip up to their local council offices, which are cash-strapped because we have had year upon year of cuts. They are met by fewer council officers—because of the cuts—who have had years of rationing a scarce resource: namely, social housing. Given the increasing number of families and individuals in dire circumstances, that is a really tough job. In effect, they are having to play God, trying as fairly as possible to allocate a decreasing number of homes to a greater number of people. I am certain that others will elaborate on this sector.

My one plea to the Minister is: will the Government finally agree to allow councils to keep 100% of right-to-buy receipts with no strings attached, other than to build replacements? I look forward to the answers to the questions asked by the noble Baroness, Lady Warwick, on social housing. There will always be a need for a social rented sector, and recent legislation to improve it cannot become effective quickly enough, as the recent death of young Awaab Ishak, who was living in social housing, proves.

Some 21% of homes in the private rented sector are non-decent, according to the most recent English Housing Survey. Making all homes decent is surely a laudable, ambitious aim for any Government, doing the right thing by people as well as creating jobs and saving money for the NHS. A recent Building Research Establishment report found that poor housing costs the NHS £1.4 billion a year, and society as a whole £18.5 billion. I say to the Chancellor that these are potentially significant long-term savings, and just think of the considerable long-lasting good.

Is there the political will to do this? It is clear that we are going to be more heavily reliant on the private rented sector than ever before, and it is in need of urgent reform now, not to be pushed back. Does the Minister have a reason for the delay, other than another new Prime Minister and yet another Housing Minister? In view of the worsening economic situation, will the Government consider pulling together all the “could do” solutions that have broad consensus and fast-tracking them to help ease the crisis that will inevitably worsen over the winter and the next two years?

Finally, how will local authorities be given the support to help those increasing numbers who will inevitably end up at their doors or on their streets?

Housing (Built Environment Committee Report)

Baroness Thornhill Excerpts

Tuesday 8th November 2022 Lords Chamber

[Baroness Thornhill (LD)]

My Lords, I thank the noble Lord, Lord Moylan, for his introduction. I am pleased to be a member of the Built Environment Committee. I found this brief challenging and I too thank our committee officers and special adviser, Professor Paul Cheshire, who helped us to see the wood for the trees —or, in my case, at least to try to. Our title is Meeting Housing Demand, which is a wide field. The breadth and level of expertise of our witnesses was phenomenal. I felt privileged to listen to many of them.

In my contribution on this wide-ranging report, I propose to focus on the planning system and the role of councils, and perhaps to be a little challenging to us as politicians. It goes without saying that, as a member, I agreed with most the recommendations, subject to the usual wrangling in coming to consensus.

The report focuses on how to build the now-accepted target of 300,000 homes a year. Actually, even that target was disputed. What was not disputed was that the Government are failing to reach it. In all fairness, so have decades of politicians; this is a long-term issue.

However, all the major parties agree that we need more homes. They broadly agree on the numbers and we even all mention this in our manifestos and general political rhetoric, but I have two points on this fact alone. First, it is all empty bravado and meaningless if the underlying problems in the system are not addressed. The report, with which we largely concur, uncomfortably highlights many of these for the Government.

Secondly, this is completely at odds with the subsequent rhetoric and actions of individual politicians of all parties when it comes to development in their own constituencies or wards. We have seen a nation of nimbys go BANANAs—build absolutely nothing anywhere near anybody. This is a serious issue and it needs serious attention. Taking the public with us is critical to success, and we need a radical, innovative approach to engagement. I hope the Minister shares the plans for this with us.

Following a range of comments made by senior politicians recently, there seems to have been backtracking on targets and housing numbers. I would welcome the Minister clarifying whether targets and top-down housing numbers allocated to local councils are to be continued under this new Government. In particular, how effective or not do the Government believe they have been in getting more homes built?

As for housing numbers, what progress have the Government made on deciding what the right honourable Michael Gove MP said, on returning to the Cabinet, is a

“fair way of allocating housing need”?

I am sure every politician in the land is eager to learn what constitutes a fair allocation in their council area.

This kind of statement epitomises one of my main concerns: it sounds plausible and sensible, along with other soundbites, such as “simplify the planning system”, “cut red tape” and “the right homes in the right places”, but what do they actually mean? We heard lots of those in our evidence, but they clearly mean different things to different interest groups.

Take the simple statement that is often repeated of delays in the planning system or that councils are to blame for reduced completions. For the housebuilders, this gets the politicians, and therefore the community, out of the picture. It means minimising housebuilders’ involvement, reducing their fees and levies, and simplifying policies so that expectations are known up front, riding roughshod over local consideration. This was more clearly and very recently expressed in the Home Builders Federation’s report Building Homes in a Changing Business Environment. Some noble Lords were sent that report, and more could and should be said on it, but time prohibits it.

I turn now to council planners, whose version is probably closer to that of the Government: to please stop developers trying to get out of their commitments to Section 106 and infrastructure levies, particularly around social housing; to give them stronger powers to insist on higher environmental building standards so that they do not spend ages haggling with developers; and to stop trying to water down their local policies, designed with and for their communities, in efforts to make it all simpler—for the developers.

I do not doubt that some councils are not performing at their best. How do we bring the worst closer to the best, and how do we empower council officers to stand up to developers which refuse to follow our best practice? Can the Minister tell us whether the Government will in fact be bringing forward plans to reform the planning system? In particular, what changes will there be to ensure that the skills and recruitment issues within councils outlined in the report are fully addressed?

We heard that qualified planners can earn significantly more money working for developers than for councils, which, especially small district councils, cannot compete with those salaries. Within the reforms, will the Government grasp the nettle of real community engagement, make the case for the national need for more homes, and be prepared to challenge not just councils—because, hey, they are a faceless piece of bureaucracy that the Government can tell what to do, and the Government bear down on them through such mechanisms as the housing delivery test—but council leaders and MPs who use that slogan, “the right homes in the right places”, and try to ride the tide of anger from their residents while, in some cases, actually voting for the policies that are prompting the rise in unpopular developments?

How will the Government face the challenge that local communities have virtually no incentive to permit residential development while saying that they will have a major say in local plans in the future, giving them opportunity to shape what happens in their area? Once again, the soundbite is good, but what does it mean in reality? How will it be different from what many good councils have been trying to do all along? How will it get communities to accept development? Are the Government still supportive of neighbourhood plans, for example, which seemed to work in some places in this regard?

Many residents’ objections are about the strain on local services, and this is well documented in the report. What are the latest plans on CIL—the community infrastructure levy—and Section 106 contributions, and, in particular, the recent proposals that such fees should be paid by the developer not only when the development is completed but the homes occupied? Is that still going ahead? Who will therefore be responsible for funding the infrastructure while it is being built? Will it be cash-strapped councils?

What do the Government intend to do with the 61% of councils without a local plan? They would argue that the Government should please stop changing the goalposts and let them get the plans finished—but, then, guess what? The goalposts change. Depending on the Minister’s answer, they will probably have to change again. In which case, will the current plans still be valid, and until when?

Finally, many witnesses spoke of uncertainty within planning permission—all the chopping and changing, and playing the blame game. I hate that we pit developers against councils, and councils against their communities, because this will not get community buy-in for 300,000 homes a year. This is only one aspect of the many highlighted in the report. However, I purport that, without it, it will make it politically difficult to deliver those essential 300,000 homes, and we will continue to fail to meet our critical housing needs.

Housing: Manifesto Commitment

Baroness Thornhill Excerpts

Wednesday 26th October 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I will take back to the department what my noble friend says, but we are investing £12 billion in upgrading. So it is not just home owners who are paying for this; the Government are supporting them.

[Baroness Thornhill (LD)]

I say to the Minister that 300,000 homes is the equivalent of building a Newcastle every 12 months. My question is very simple: who is going to build them? The construction industry has been sounding the alarm on skills and labour shortages for some time, exacerbated by Brexit. What is the Government’s plan to address this pertinent issue now?

[Baroness Scott of Bybrook (Con)]

The noble Baroness is right that skills are important; we cannot build these houses without skilled construction workers. We are collaborating across the whole of government to ensure that we are effectively supporting the sector. The Department for Education is approving training routes into construction, creating opportunities for workers to retrain by working with employers to make apprenticeships more flexible and promoting the use of T-levels, which are very important. DWP is also working with its work coaches to identify suitable candidates who might be able to change jobs and move in with local employers. A lot is going across government to make sure we have the skills in the construction sector.

Social Housing (Regulation) Bill [HL]

Baroness Thornhill Excerpts

2nd reading
Monday 27th June 2022 Lords Chamber

[Baroness Thornhill (LD)]

My Lords, I draw the House’s attention to my role as a vice-president of the Local Government Association and a non-executive director of the Hertfordshire Housing Conference. From these Benches, I congratulate the noble Viscount on his maiden speech; I am delighted that he is joining the housing geeks, and I am sure that he will make an excellent contribution.

As always in your Lordships’ House, this has been a thorough and wide-ranging debate, from my noble friend Lord Foster’s comments on electrical safety to the timely reminder of the noble Baroness, Lady Hayman, about the importance of energy efficiency in poverty and quality housing. As ever, many points of detail will emerge during Committee, and I suspect that the Minister will have his hands full.

Many noble Lords have reminded us that the catalyst for this was the tragedy at Grenfell Tower and the subsequent shocking discovery that repeated concerns about fire safety were raised by residents but fell on deaf ears. In week 80 of the inquiry, evidence was found of

“wilful blindness and complacency towards safety”.

Those are strong and shocking words indeed. So all of us who are working on the Bill will work to change such negative cultures and root out and eradicate poor providers.

Conversely, many landlords are good or very good and are already actively changing their performance measures, becoming more transparent and engaging better with their tenants. They have not stood by and waited for the inquiry outcomes or for legislation to be passed, as was detailed by the noble Baroness, Lady Warwick of Undercliffe, in the role that she is, sadly, giving up soon.

Had my noble friend Lady Pinnock been allowed to speak—she was delayed by the same rail problems that have deprived us of the wisdom of the noble Lord, Lord Best—she would have said that we applaud and support much in the Bill. At its heart is the expansion of the powers of the Regulator of Social Housing and the removal of the “serious detriment” test; these are two sides of the same coin and must have equal balance. The removal of the “serious detriment” test is an essential tool to allow intervention before a crisis point, by which time it will or could be too late, as we know and as the right reverend Prelate the Bishop of Chelmsford pointed out.

I note the expanded Housing Ombudsman Service has seen a massive increase in casework, and it may take more than the memorandum of understanding to clarify all the roles and responsibilities and ensure effective partnership working to cut out duplication and overlap. These concerns were forensically dissected by the noble Lord, Lord Young of Cookham. I will also ask how the Government will ensure that both the regulator and the ombudsman have sufficient resourcing to enable them to effectively conduct their duties, as mentioned by the noble Lord, Lord Bourne of Aberystwyth, and the noble Baroness, Lady Watkins, whose comment about shared ownership was particularly pertinent—this was not something that I was aware of, and her points were very well made.

Giving the regulator Ofsted-style powers is fundamental to successful change. From my own experience—it was first introduced while I was assistant head in a large secondary school—I believe that it is the right way to go. At first, it was draconian, top-down, massively intrusive and a heavily judgmental process—a far cry from the friendly old inspectors and advisers we were used to seeing to, but largely ignored. However, it was a very, very necessary change. A key factor in its success was the certain knowledge that there would be very regular inspections, not a one-off so that schools could paper over the cracks, hope for the best during the inspection week and then breathe a sigh of relief when the inspectors left on Friday afternoon. It was known that they would be back and approximately when—it kept us on our toes for years, until we learned to absorb the new normal of continuous improvement and performance management. Therefore, we will be looking to strengthen the Bill along those lines.

I say to the Minister: because it will take time for the regulator to be tooled up with enough trained inspectors and for the whole inspection regime to be established, surely the regulator’s activity will initially prioritise intervention with landlords who are experiencing the most severe challenges. Will the Government then work proactively with the National Housing Federation and the Local Government Association to ensure that there is a proportionate, risk-based and outcomes-focused approach to inspection that satisfies everyone?

During the passage of this Bill, we want to look at broadening the focus of the inspection to also include each provider’s work on homelessness. The inspection process will, of necessity, mean that landlords will focus on what can be measured. We think that the homelessness provision aspect needs to be given some weight in any judgment. Surely it is also part of the regulator’s remit to look closely at why the landlord is failing, and not just to say that it is failing. Is it the endemic culture of the organisation or financial capacity? Each requires very different responses—and that is where the PIPs will be very important. For the former, change takes time, which is why we believe that reviews and more regular inspections will be needed. For the latter, with below-market rents being a very necessary feature of social housing, the reality of each landlord’s financial situation must be recognised.

To support council landlords, will the Government agree to prioritise reforms that remove the financial constraints on councils, including the ability to retain 100% of right-to-buy receipts with no restrictions on their use—I apologise to the Minister for sounding like a broken record on that issue—and reform social rent policy to allow a longer period of annual rent increases for a minimum period of at least 10 years? On the topic of money, it is also worth noting that, while the removal of the fine cap is a deterrent, could the Minister assure us that it is intended to be a penalty of last resort? This is because—as another noble Lord mentioned; I hope I will be forgiven for forgetting whom—tenants will, in effect, be the ones who pay that fine through their rent.

I say to the Minister that it is clear that there is a lot riding on this Bill, which is why we will be looking to put amendments down to look at regular reviews and progress of the whole sector as the years go by. If there is a weakness, we believe that it is around the tenant voice being heard, as was very passionately articulated by the noble Baroness, Lady Wilcox of Newport. Indeed, the residents advisory panel falls far short of a meaningful voice for tenants, and there is a real danger that, as it stands in the Bill, it will effectively just be a short-term token gesture. In this regard, we feel—to use my old teacher parlance—that the Bill could do better.

Finally, I want to put on record that despite the shameful tragedy of Grenfell and other high-profile failures of housing providers, it is still true that millions of people and their families living in one of the sector’s 4.5 million homes are, for the most part, glad to be in this sector rather than the private rented sector. As one resident said to me when I joined her when she moved into her brand-new council house, “I feel like I have won Willy Wonka’s golden ticket—a safe, stable roof over our heads, a rent I can afford and a landlord who appears to listen.” That is, always will be, and must be the sector’s mission. I look forward to working with your Lordships on this important Bill because, sadly, we know that this is not the case across the board or this Bill would not be here today and it would not have the very clear cross-party and outside consensus that it seems to command.

Housing: Private Renters

Baroness Thornhill Excerpts

Wednesday 22nd June 2022 Lords Chamber

[Lord Greenhalgh (Con)]

I always appreciate my noble friend’s eagle eye. We do not want landlords gaming the system, and we want to make it very clear that any abuse of the future system will not be tolerated. We are committed to ensuring that local councils will have the right powers to crack down on any rogue practices such as those that my noble friend has outlined.

[Baroness Thornhill (LD)]

My Lords, on Monday, in response to my letter about landlords leaving long-term lettings in favour of the more lucrative Airbnb, particularly at a time of increasing demand, the Minister replied that the English Housing Survey says that we are seeing some landlords leaving but an equal number coming in. Can the Minister tell us the source of the statistics that allow the Government to make that assertion, against mounting evidence to the contrary? I could not find it in the quoted English Housing Survey, nor the Government’s Private Landlord Survey, and the National Landlords Association could not help either. This is a vital piece of data, given what we believe is really happening on the ground.

[Lord Greenhalgh (Con)]

My Lords, I suppose I should always be very careful about giving data. In response in the other place, the Minister—who was driving forward with the 12-point plan—made it clear that we are seeing as many landlords leaving the sector as we are seeing entering the sector. I will go back and find the data that underpinned my remarks in the debate we had earlier this week.

Private Rented Sector

Baroness Thornhill Excerpts

Monday 20th June 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, we welcome the publication of the Government’s White Paper and the recognition in the Statement that

“conditions in our private rented sector are simply not good enough”.

I want to consider some of the 12 points of action that it introduces.

Section 21 evictions will be abolished, meaning that landlords will have to prove grounds to evict tenants. New grounds will be created to allow landlords to sell or move close family members in, while grounds around persistent rent arrears and anti-social behaviour will be strengthened. Landlords will be able to evict tenants on sale or moving-in grounds only after the first six months of the tenancy. If the landlord chooses to sell and is unable to do so, they will not be able to re-let the property for three months. Otherwise, tenancies will be indefinite and can be ended only by the tenant or the landlord giving legitimate notice. It is welcome that these changes should stop landlords from evicting tenants simply to re-let at a higher rent or to avoid making repairs after a complaint, but it must be made clear how renters or local authorities will be made aware of a property that is being re-let.

Indefinite tenancies will mean that tenants have the option of moving out with two months’ notice without penalty if their circumstances change or if the home turns out not to be suitable, which, again, we welcome. This should provide renters with more flexibility. However, there is a risk that if it is too easy to prove intention to sell or move family into a property, unscrupulous landlords could abuse this, creating Section 21 by the back door. Penalties for abuse should be easy to enforce. Scotland has wrongful termination orders, which can see tenants evicted on false grounds compensated. One of the big challenges for local authorities is the lack of skills and resources to enforce the law, so this must be addressed if we are to see success in this area. Can the Minister outline how the Government intend to deliver enforcement?

With fixed terms gone, automatic rent increases in the contract are also gone. If landlords want to raise the rent, they will need to use Section 13 notices, a maximum of once a year, which can be challenged at tribunal. It should follow that tenants can challenge Section 13 notices or negotiate with their landlord with less of a threat of eviction hanging over them. Extra notice of rent increases will give tenants more time to challenge if they deem it necessary. As things stand, landlords in areas with high demand for homes will still be able easily to use unaffordable rent rises to force tenants out, so does the Minister agree that there needs to be a limit set on rent rises based on affordability?

Does the Minister also agree that a key element in giving greater security, transparency and power to tenants is to ensure that letting agencies, which act on a landlord’s behalf, work to the very highest standards? Will he commit to looking at a code of conduct for letting agents, as has been done in Wales?

I turn to the welcome measure to require all privately rented homes to meet the decent homes standard and the new right to claim back rent on non-decent homes through expanded rent repayment orders. Private renting has grown as social housing has been sold off and not replaced, and, as a result, more people are paying more for less-regulated homes. However, the need to build more social housing is a debate for another day. Bringing standards into line with the social sector will stop private landlords from short-changing renters and, through the benefits system, taxpayers. Expanding RROs is welcome; they need to be a huge deterrent to criminal landlords but are currently underused. Can the Minister confirm that local councils will be given the resources they need to properly enforce the decent homes standard?

The new ombudsman that all landlords must join is a positive step, as this has been a huge gap in regulation. Currently, if you rent from a letting agency, you can pursue complaints through a redress scheme, but not if renting directly from a landlord. However, to be successful, it needs to be well-resourced so it can deal with the sheer volume of complaints that tenants will likely raise. Can the Minister shed any light, at this stage, as to how it will be resourced? A single ombudsman is better than the two-scheme system that exists for agents. So it is surprising that, despite acknowledging the confusion and perverse incentives resulting from competing schemes, nothing has been proposed about making changes for letting agents. Can the Minister explain why this is the case?

A digital property portal will be set up to help landlords demonstrate their compliance with legal requirements. This is basically what a landlord register looks like, so can the Minister confirm whether it is the Government’s intention to introduce a national register of landlords? Although councils will be responsible for enforcing portal membership, the Government should give tenants an incentive to take action if their landlord is not registered. This already happens with licensing schemes, and tenants with unlicensed landlords can get back up to 12 months’ rent via rent repayment orders. Is this something that the Government will consider?

One in three private renters lives with children, and nearly 40% of private renters rely on benefits, yet landlords are still able to deny both those groups a tenancy. So it is good to see this addressed with a proposal to outlaw blanket bans on children and benefit claimants. However, discrimination on these grounds often happens because many landlords do not trust the welfare system to cover their tenants’ rent, so the underlying problems still need to be addressed: universal credit delays and sanctions, the benefit cap and local housing allowance rates. Further, despite rapidly rising inflation, the Government are cutting funding available to local councils to support struggling renters through discretionary housing payments by £40 million. Can the Minister explain how he thinks this is going help the thousands of renters who are struggling with the cost of living crisis?

The White Paper also pledges to monitor private sector solutions to problems with deposits between tenancies and to keep the deposit protection system under review. Disappointingly, this is a retreat from the Government’s manifesto commitment to a lifetime deposit which would allow passporting of deposits between tenancies. Problems with deposits are probably the most common negative experience for private renters, so it is frustrating to see that it is only being kept under review. Can the Minister explain why this is the case?

I will say a few words on court reform. The Government are looking to digitalise the court process, but renters who are digitally excluded must still be supported. In addition, a digital approach will not always be suitable in some cases. Does the Minister agree that more funding could be provided to the courts so that they can deal with backlogs and more legal support could be provided to the renters who need it most?

I end by thanking the organisation, Generation Rent, for all its hard work on this issue. I look forward to this short debate and to the Minister’s response.

[Baroness Thornhill (LD)]

I say to the Minister that there is general support across all sectors for these reforms in the White Paper, which we too broadly agree with. In fact, I agree with so much of what the noble Baroness, Lady Hayman, has said that I could just say, “#MeToo” and sit down—but I am not going to. I will not go through the proposals and rationales for each point in the White Paper, because I believe that there will be opportunities to do that later. I want to stress our key points that we would seek a chance to influence and explore.

First, we are disappointed by the speed at which this has gone. We are now only going into consultations and pilots, not legislation—at a time when homelessness and evictions are set to rise. Does the Minister have any timelines or milestones for us?

Our greatest area of support for these reforms—and, paradoxically, of concern—is around evictions. We totally applaud the ban on no-fault evictions, but ask whether any lessons have been learned from Scotland about the application in reality of the new grounds for eviction. How tightly are they drawn, and how have they measured success? Let us take one example which the noble Baroness mentioned: eviction because the landlord wishes to sell the home. How will that be proved and dealt with, or are the Government considering recourse, as happens in Ireland?

We know that revenge evictions are more common than we might like and hope that the decent homes standard and the annual rent rise will discourage such evictions, as do the Government. But even after a year, a tenant can still be priced out of a flat by an unreasonable, excessive rise in rent that they can ill afford. Have the Government considered encouraging rent rises only in between tenancies—a practice that many good landlords already do? Given that the cost of living crisis will not be short lived, what, if anything, will the Government do to curb excessive rent rises, or will it all be left to the market? Why have the Government yet again decided to freeze the local housing allowance?

The Government’s commitment to extending a legally binding decent homes standard to the sector is a potential game-changer, but only if there is enough capacity in the system to monitor and enforce it. Local authorities are definitely down on capacity and funding. What reassurances can the Minister give us that there will be capacity and resources within the system to enforce this standard—a vital part of the reforms?

Regarding capacity, the proposal for a private sector ombudsman is a good one. After all, there is one for the social housing sector. But we know that the social housing ombudsman is under pressure due to capacity issues already, so how will this one be any different? After years of stressed budgets and the demands of the pandemic, will the Government use one of the pilot schemes to review the available capacity of all the partners whom they will need on board to make sure these reforms work, and look at how their roles effectively all knit together?

Finally, there is a legitimate concern in the sector that these changes will force landlords out of the system at a time when we need more, not fewer. Is there a danger of unintended consequences? There is some anecdotal evidence that this is happening in areas popular with tourists, such as Cornwall, the Lake District and Edinburgh. Homes once for long-term let are now seen on more lucrative Airbnb sites. Consequently, locals are priced out of the housing market due to second home owners and they are unable to rent due to a lack of supply. Do the Government recognise this as an issue? If so, are there any possibilities of looking at ways to incentivise landlords to stick with longer-term lettings? There will be time to go into detail in the future, but hopefully not too far in the future.

[The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)]

My Lords, I thank the Opposition and Liberal Democrat Front Benches for a constructive critique of this important Statement. There is a recognition on all sides of the House that the private rented sector is the most expensive, least secure and lowest quality of all housing tenures. A fifth of renters are paying a third of their income to live in substandard accommodation, which is completely unacceptable. I think that is why the chief executive of Shelter described the proposals around the 12-point plan as a game-changer for the 11 million private renters in England.

This White Paper really is the biggest set of reforms in a generation. It seeks to ensure that tenants have access to safe and decent homes; to increase security and stability by abolishing Section 21, which I know is supported by the vast majority of people in this Chamber—I have not come across anyone who is against that; to improve dispute resolution but, importantly, ensure that there is better compliance and robust enforcement; and to improve the renting experience for private rented sector tenants.

I turn to some of the points raised in this short debate. The noble Baroness, Lady Thornhill, raised enforcement of the decent homes standard, which is a centre point of the reform programme. We will consult on applying the decent homes standard to the private rented sector shortly and carry out a number of pilot schemes across the country to explore different ways of enforcing the standards, because it is important that we do not have the decent homes standard just defined but with an inability to enforce.

The noble Baroness, Lady Thornhill, also wanted to know why these reforms have taken so long to come forward. It is a legitimate question, but we have had a global pandemic and in the last couple of years we have been focused on supporting tenants during the pandemic with longer notice periods, a ban on bailiff evictions and unprecedented financial support. We have made the very clear commitment to bring forward this renters reform Bill in the third Session, and this White Paper is an important part of getting this right. This is a once-in-a-generation opportunity to get these reforms right.

The noble Baroness, Lady Hayman, quite rightly wanted to know how these new reforms would be enforced. I have talked about the pilots, but equally the property portal will make sure that local authorities have the information they need to enforce the standards so that we are not relying, as we currently are, on tenants coming forward to point out when there is an issue.

The noble Baronesses, Lady Thornhill and Lady Hayman, both raised the cost of living issue. The Government do not support rent controls. When this was introduced in the 1970s, we saw a disincentive and a private rented sector that did not get the quality of housing and investment that we needed. That is why we feel that focusing on allowing an increase in rents only once a year and ending rent review clauses are ways of ensuring that we get a more reasonable approach to rent increases.

The noble Baroness, Lady Thornhill, raised an interesting question around the burdens on landlords and whether we are going to get the unintended consequence of more Airbnbs and fewer people wanting to let. The English Housing Survey says that we are seeing some landlords leaving but an equal number coming in, so there is no evidence from the survey yet of an exodus of landlords. It is important that we think about landlords in these reforms, though, and that is why we have strengthened the repossession grounds for landlords, including in cases of serious anti-social behaviour and persistent arrears, and for landlords who wish to move back to their property.

I think there was a strong element of a briefing from Generation Rent in some of the questions from the noble Baroness, Lady Hayman. Certainly, I am aware of the issues raised by the noble Baroness, Lady Kennedy, about the no-fault moving and selling grounds, wanting to extend that to 24 months and not seeing a Section 21, if you like, by the back door.

As a Government we feel that it is important to protect tenants, and that is why we are limiting the use of moving and selling grounds in the first six months of a tenancy. To mitigate any abuse, we are also restricting landlords from remarketing or reletting the property for three months when they use these grounds. It is about getting a balance between landlord and tenant.

Overall, it is fair to say that there is a fair wind behind these reforms. It is important, as they say, to get things done and better late than never.

--- Later in debate ---

[Lord Greenhalgh (Con)]

I am sure the Government are happy to look at ideas. We have had ideas from Wales, Scotland and Ireland that I am sure the policy officials can look at and advise Ministers on. We have to recognise that there are often unintended consequences on supply if you tinker too much in the private rented market and try to control rent levels. We heard from the noble Baroness, Lady Thornhill, that you might find it more lucrative to use Airbnb than to have longer term rents. I think that what the noble Baroness, Lady Bennett, is really saying is that to tackle the affordability crisis we need a fair amount of taxpayer subsidised housing, whether that is affordable rent or social rent. We recognise that as a Government. Not every person can own their own home or afford market rents. That is why we need a steady supply of affordable housing available around the country. We need communities of mixed tenure to allow households with different incomes to live cheek by jowl. That is good social policy and something that the Government certainly support.

[Baroness Thornhill (LD)]

In that case, may I ask why the Government have frozen the local housing allowance, which was the question I asked, if they have what sounds like a very sincere commitment to social housing? Following what the right reverend Prelate the Bishop of St Albans said, I was thinking that the people we are really concerned about, with the grottiest landlords and flats and the worst deals, in the past would have been in the social housing sector being looked after by good councils and housing associations. We are really trying to play catch up but let us not kid ourselves; it is a huge task that we have.

[Lord Greenhalgh (Con)]

It is fair to say that we raised the local housing allowance and maintained that raise. What the noble Baroness is saying is that we have not increased it further. Let us give the Government credit for having raised it in the first place and having maintained it. The reality is that it goes back to getting the balance of tenures right. We have far too many people who cannot afford to live in market-rate accommodation and therefore they need taxpayer support. The housing benefit bill has effectively ballooned from when I was first a council leader from around £7 billion to around £30 billion, I think—or at least, that is what the projections are. That is completely unsustainable. We need more affordable housing and social housing to mitigate the unintended consequences of getting the taxpayer to fund these very high-cost homes for people who cannot afford to live in them. That is why there is a need to look at other ways of answering that point.

Leasehold Reform: Forfeiture Provisions

Baroness Thornhill Excerpts

Monday 20th June 2022 Lords Chamber

[Lord Greenhalgh (Con)]

I always thank my noble friend for his interventions. We want to move forward with the second stage of leasehold reform. It will not be part of the third Session but there is a commitment to this Parliament. My noble friend is right that we can use this time to get a Bill drafted. We will take time so that we can get it through Parliament as soon as possible at the beginning of the fourth Session.

[Baroness Thornhill (LD)]

My Lords, I look forward to the leasehold reform.

Two weeks ago, I attended a meeting of leaseholder residents in a block of retirement flats. It will be no surprise to the Minister that their main complaint was the exorbitant increases in management fees, with no transparency of cost or answers as to why the increase had in one year gone from 5% to nearly 16%. When will the Government finally put a stop to this obfuscation and general bad practice by regulating management companies, as advised by the Government’s own expert working group, chaired by the noble Lord, Lord Best, back in 2019?

[Lord Greenhalgh (Con)]

Once again, the noble Baroness is right that we need to sort out some of the practices that we see among managing agents. We are still considering how to take forward the recommendations of the noble Lord, Lord Best, but as noble Lords know, there is also a move to introduce voluntary codes, which I hope will elevate this. Overall, we need to see professionalisation of managing agents.