(7 months, 1 week ago)
Lords ChamberMy Lords, the Government welcome the ongoing work being undertaken by the industry, and thank the noble Baroness, Lady Hayter, for the work she has done with her group on codes of practice. We have said that we will consider any code produced by her steering group, and come back to the House.
My Lords, the Competition and Markets Authority, in a recent report, was very concerned about the increasing practice of major housebuilders charging all the residents on new estates for common amenities such as roads, lighting and playgrounds, services traditionally provided by local authorities and paid for by council tax. Is the Minister confident that the measures in the Bill will ensure that prospective residents will be aware of the way that their new estate will be managed and the actual costs and services they will have to pay for before they buy? Does she agree with me that there is little justification for these residents to have to pay twice?
Through the Leasehold and Freehold Reform Bill the Government are legislating to make sure that freehold home owners who pay estate rent charges have the right to challenge the reasonableness, and to go to a tribunal to appoint a manager to manage the provision of those services, along with the transparency that they will also have in those charges. We are also carefully considering the response to and the recommendations of the CMA report published in February.
(7 months, 4 weeks ago)
Lords ChamberMy Lords, before the noble Baroness takes the Dispatch Box, I apologise to the Committee and to the noble Lord, Lord Moylan, in particular. Due to lots of pieces of paper, I commented on two amendments that are actually in group 4, so I reassure the Committee that I will not be repeating those comments.
My Lords, I apologise in advance for the length of my response. This is a large group so I might go on for quite a long time. I apologise for that, but I think it is important that I respond to all the amendments.
I thank the noble Lord, Lord Khan of Burnley, who spoke to the amendments from the noble Baroness, Lady Taylor. Amendment 67 seeks to give the right to challenge the reasonableness of a service charge to leaseholders who pay a fixed service charge. I recognise that leaseholders who pay fixed service charges do not have the same right to challenge the reasonableness of their service charges as leaseholders who pay a variable service charge. However, there are good reasons for that. The main sectors where fixed service charges exist are the retirement and social housing sectors, where households are often on limited or fixed incomes; certainty over bills is paramount for these homeowners. Leaseholders, especially on low incomes, who pay a fixed service charge have more certainty over the amount of their service charge compared with those who pay a variable service charge. They will know about and understand the level of the charge before they enter into an agreement.
Landlords benefit from not having to consider tribunal applications, but in return they have a clear imperative to provide value for money: if they underestimate the costs, they will have to fund the difference themselves. They will still need to provide the quality of service as set out in the lease since, if they do not, they may be taken to court for breach of that lease.
By giving the right to challenge fixed service charges in a similar way to how variable service charges can be challenged, there would likely be operational and practical challenges. For example, if landlords underestimate costs in one year but overestimate them in another, it is feasible and reasonable to be able to challenge the unreasonableness only in the year when costs are overestimated. It is not proposed to give the landlord an equivalent right to apply to seek to recover the balance of an underestimated cost on the basis that it would be reasonable to do so. There is a possibility that landlords may move to variable service charges, and that could have unintended and undesirable consequences for leaseholders with a fixed income who benefit from the certainty of fixed service charges.
Through the Bill, leaseholders who pay a fixed service charge will be given additional rights. Landlords will be required to provide the minimum prescribed information to all leaseholders. I consider that the additional rights given to leaseholders who pay fixed service charges will allow them to better understand what their service charges pay for, and to hold their landlord to account. I hope that, with that reassurance, the noble Lord will not move the noble Baroness’s amendments.
I thank the noble Lord for Amendment 69 in the name of the noble Baroness, Lady Taylor, which seeks to remove the provision that enables the appropriate authority to exempt certain categories of landlords from the requirement to provide a standardised service charge demand form to the leaseholder. I recognise the importance of all leaseholders receiving sufficient information from their landlord to enable them to understand what they are paying for through their service charge. Requiring landlords to provide leaseholders with a standardised service charge demand form contributes to increased understanding. However, I am aware that there could be instances now or in the future where it is necessary to exempt landlords from that requirement. It could be too costly or disproportionate to expect certain categories of landlords to provide that level of information. As the Minister for Housing mentioned in the other place, one example might be the Tyneside leases.
Prior to any exemptions being agreed, we will consult with stakeholders to determine whether an exemption is justified. I emphasise that the list of exemptions is expected to be small—if it is needed at all, in fact—and full justification will be required for any agreed exemptions. I note the noble Baroness’s concerns but I hope that, with this reassurance, the noble Lord will not move the amendment.
I also thank the noble Lord, Lord Khan of Burnley, for Amendment 76, which would create a power for the appropriate authority to prescribe the maximum costs that landlords may pass on to leaseholders for providing information. I recognise that leaseholders can face increasing service charge costs and that not capping costs for providing information could drive landlords to charge unreasonable amounts.
(8 months ago)
Lords ChamberMy Lords, I support Amendment 57 in the name of the noble Baroness, Lady Taylor of Stevenage. As has been said, Schedule 9 confers on a qualifying tenant the right to buy out the ground rent and replace it with a peppercorn rent. Instead of the extended leases that are paid for each time, it is a decision to make a one-off payment—job done once and for all.
This is a welcome measure. However, as has been said, under paragraph 2 of Schedule 9, the tenant must have at least 150 years left on their lease to qualify. Amendment 57 from the noble Baroness, Lady Taylor of Stevenage, would ensure that all leaseholders, not just those with residential leases of 150 years or over, have the right to vary their lease in this way and replace it with a peppercorn rent.
The provisions on the variation of leases and removal of ground rent are complex, but they are based on the principle of granting leaseholders flexibility and a recognition that different solutions might be preferable for the different situations that they are in. The argument has been put forward that these provisions should apply to leases that are sufficiently long, with the Law Commission recommending a very long length of 250 years and the Government settling on 150. Therefore, Amendment 57 rightly probes that length. If not 250 years, why not 125 years, 90 years or indeed no threshold for length at all?
Data on this was hard to find, but DLUHC’s English Housing Survey of owner-occupier leaseholders for the year 2020-21 found that 45% of leaseholders had a leasehold term between 71 and 120 years, and that the median length of leases was 112 years. This suggests that there could be lots of leaseholders with reasonably long leases who would not be given these rights in relation to ground rent.
I would also like colleagues to note that mortgage lenders are now getting very active on ground rent terms and taking an ever more conservative view on ground rent clauses. They are refusing to lend on leasehold homes where the ground rent is seen as onerous—the definition of that might be that it continues to double or that there are other strictures in place. This means that some leaseholders will be left with flats that are difficult to sell, as well as an escalating ground rent.
We would therefore welcome further information from the Minister about whether these provisions could be extended to cover more leaseholders, especially given their own figures.
My Lords, I will speak to government Amendments 58 and 59 in my name. Government Amendment 59 changes “premium” to “price”, referring to the sum paid for a ground rent buyout, to make the language consistent with the rest of the Bill. Government Amendment 58 makes a minor wording change to clarify that it is “the appropriate tribunal” that may make an order to appoint a person to vary a lease on behalf of the landlord or tenant in the case of a commutation following a ground rent buyout. I hope noble Lords will therefore support these amendments.
I turn to Amendment 57 from the noble Baroness, Lady Taylor, and moved by the noble Lord, Lord Khan of Burnley. This seeks to remove the threshold for the ground rent buyout right. I appreciate the concerns that lie behind this amendment and understand that the noble Baroness is seeking to ensure that as many leaseholders as possible can benefit from the new right. First, it is very important to note that all leaseholders, regardless of their term remaining, have the means to buy out their ground rent. They do so whenever they extend their lease or buy their freehold. It is only the right to buy out the ground rent without extending the lease or buying the freehold that is limited to leaseholders with 150 years or more remaining. The 150-year threshold exists to protect those leaseholders with shorter leases who will, at some point, require an extension from being financially disadvantaged by first buying out their rent, only having to extend later and paying more in total for doing so. However, we understand the argument that all leaseholders should be able to buy out their rent without extending their lease or buying their freehold if they want to, and we are listening carefully to that argument.
The Law Commission recommended 250 years, but it noted that the department might want to set the threshold lower. The department’s analysis showed that 150 years would enable more leaseholders to take advantage of the ground rent buyout right, while still being a long enough term remaining that the leaseholder does not need to extend if they do not want to. A lower minimum term would create a risk that poorly advised leaseholders might buy out the ground rent when an extension is in their best interest, then find out that they need to extend later and have to pay a higher premium, except for the extension, and two sets of transaction costs. We believe this is helping the leaseholder.
I hope that the noble Baroness will appreciate the reasons we have given for the existence of the threshold, and those assurances, and withdraw her amendment.
My comments were not about right to manage. That was a good segue into another short speech by the noble Lord.
However, we are conscious that expanding right to manage to leaseholders under local authority landlords was never considered by the Law Commission, nor put out to public consultation. We are unsure whether the Government have done policy work in this area. It is a whole other ball game and will be challenging. But, in principle, given that many local authorities have been guilty of significant and tragic failures of service, to put it mildly, this should be a right of local authority tenants too. But it will be complex, for many of the reasons that were well outlined by the noble Baroness, Lady Taylor.
It is also worth reminding ourselves that local authority leaseholders have, since 1994, been able to take over management through tenant management organisations. I do not believe any work has been done regarding their success or otherwise. But such a review could ignite and inform this topic on another occasion. We welcome the probe by the noble Lord, Lord Moylan, and also the subtleties of his alternative proposals, and will certainly attend the said—and very popular —meeting.
Finally, I come to Amendments 65A and 65B, in the name of Lord Bailey of Paddington. The aim of Amendment 65A is a good one: to ensure that leaseholders in mixed-use buildings can avail themselves of the right to manage. At the House of Commons Public Bill Committee in January, MPs heard that many leaseholders in mixed-use buildings would still be unable to benefit from the reforms in the Bill to take over management—because, as the noble Lord said, of the existence of, say, a shared plant room or car park, under rules regarding structural dependency and self-containment. The existence of a plant room or other infrastructure is something decided by the original developer and leaseholders have no control over these factors, so it feels unfair to exclude them from right to manage based on the way a block has been designed, especially if they qualify under the new 50% non-residential premises limit.
Amendment 65B would put rocket boosters under the right to manage, opening it up to far more leaseholders. We on these Benches support the amendment and the intent behind it. Members in the other place have raised concerns that the 50% trigger is too high. The 50% participation limit on right to manage was also flagged as an issue by leaseholder campaigners at the Commons Public Bill Committee in January.
There may be concerns about 50% being less than a majority, but, as the noble Lord said, many leaseholders will never be able to obtain 50% support because of the high levels of buy to let in their block. But ultimately the Committee was persuaded of the case to bring down the 50% threshold. It is not right that just one person—the freeholder or landlord—has such control over leaseholders and can impact almost at will on their finances. As the noble Lord’s amendment suggests, 35% of leaseholders triggering a right to manage, with a right to participate for remaining leaseholders who did not originally get involved, is a far better situation than rule by one freeholder, whose interests, as the Law Commission concluded, are diametrically opposed to that of the leaseholder. Leaseholder self-rule with right to manage and a 35% participation threshold is a much more democratic state of affairs. Let us be honest: many councillors and MPs are elected to govern on much less than 50% of the vote—in fact, usually around 35%.
My Lords, I thank the noble Baroness, Lady Taylor of Stevenage, for Amendment 60, which would leave new Section 87B out of the Commonhold and Leasehold Reform Act 2002. This is a new power, inserted into the 2002 Act by the Bill, for the tribunal to order the repayment of a landlord’s process costs for right to manage claims which are withdrawn or cease to have effect in circumstances where a right to manage company has acted unreasonably.
The noble Baroness asked who would decide what was reasonable or unreasonable and the level of reasonableness. The costs will be determined by the tribunal, as is the case with other kinds of litigation or court proceedings.
While we strive to reduce costs for leaseholders, we do not believe it is right to do so where the right to manage company acts unreasonably in bringing a claim and the claim also fails. For example, landlords should not have to meet their own wasted process costs where leaseholders clearly make an unfeasible claim or fail to bring the claim to an end at an earlier stage.
The noble Baroness should be assured that the new power for the tribunal does not automatically entitle landlords to repayment. If the tribunal does not consider that costs should be payable, it can decline to make an order. Removing new Section 87B would expose landlords to unfair costs. For these reasons, I ask the noble Baroness kindly to withdraw her amendment.
I thank my noble friend Lord Moylan for his Amendments 61 and 62. The amendments seek to remove or amend the existing exception to the right to manage for local authority premises so that the right can be used by their long lease holders. I should explain that there is a separate right to manage scheme for local authority secure tenants and leaseholders under the Housing Act 1985 and its relevant regulations. The Commonhold and Leasehold Reform Act 2002 therefore excepted local authority leaseholders from the long-leasehold right to manage to avoid creating conflicting schemes.
The Bill delivers the most impactful of the Law Commission’s recommendations on the right to manage, including increasing the non-residential limit to 50% to give more leaseholders the right to take over management, and changing the rules to make each party pay their own process and litigation costs, saving leaseholders many thousands of pounds.
An alternative route to management is available in some local authority blocks that contain a mixture of tenants and leaseholders, where a prescribed number and proportion of secure tenants are in support of exercising the right. This involves setting up a tenant management organisation. It would complicate a system that we are trying to simplify if two separate routes were to apply to a single block, and the Law Commission made no recommendations on local authority leaseholders.
(9 months, 2 weeks ago)
Grand CommitteeMy Lords, as the Minister knows, this Act has been well received by all sectors concerned with social housing, and it is supported on our Benches. As she said, this is due largely to the Grenfell tragedy, but also to subsequent high-profile failures of social housing, including the tragic death of young Awaab Ishak. Let us not forget the recent deaths in temporary accommodation, which are truly shocking.
We know that the devil will always be in the detail, and we all hope that the rhetoric accompanying the Act will live up to the reality. The Minister is clearly aware that there have been several consultations since last July, when the Bill was passed, and issues have emerged, which the sector is rightly bringing to the Government’s attention in this process. It appears that the full and cumulative impact of the new changes thus far has been evidentially to expose the wide variation in the quality of provision of social housing by registered providers and councils. This was recently outlined very robustly by the deputy social housing regulator. Is the Minister confident that the new approach to inspections and the C categorisation will allow for a nuanced approach to allow those lagging behind to learn from the best and hopefully catch up, or will it be an adversarial system—a weeding out of the worst? In short, what will the approach to inspections be? I know from experience of Ofsted in schools and the CPA in local government that they can vary.
It is no surprise that there are concerns about the additional costs associated with all the changes, which I am sure the Minister will be aware of. What is in place to ensure that landlords can make progress without financially falling over, as we are seeing with some local authorities? Regrettably, we are already hearing that they are cutting back on development plans to focus on the detail of the new regime, which itself is a separate concern due to the considerable shortage of social housing. I echo the comments of the noble Baroness, Lady Taylor, with which I wholeheartedly agree. In fact, I add that I found that announcement bitterly disappointing because I believed that this Government had genuinely shaped the agenda towards a real understanding that social housing was one of the first bricks we needed to get in place to unblock the logjam and the housing crisis.
Does the Minister accept that there is also a recruitment and retention problem, highlighted and exacerbated by the professionalisation of housing management and maintenance? That is a good aspect of the Act and had cross-party support, but not surprisingly it is having an impact, as some people are jumping before being pushed—probably a good thing in some cases, I am not afraid to say, having had to do the pushing sometimes—or feel that perhaps now is the time to retire rather than go back to the classroom, but it is a very real and relevant issue.
The speed and breadth of the changes cause me to ask how confident the Government are that the sector can and will have the capacity to cope with these genuine changes.
Briefly, on the Awaab’s law changes, I thank the Minister for her detailed letter in response to my question in the Chamber and her generous offer of her time. On a tangential issue, the consultation that has just closed proposed an extension to hazards beyond mould, damp and condensation to include the 29 hazards in the—this is a bit of a mouthful—housing health and safety rating system. This has caused considerable disquiet for the National Housing Federation and the Chartered Institute of Housing, to name but two. They have given convincing reasons why this extension should be reconsidered. Does the Minister agree that it is probably best to see how the sector copes with mould and damp before extending the hazards further?
It seems that there is still much to do to clarify these changes, particularly around the regulator’s use of powers and the approach to inspections. Further clarity is needed on how the regulator will interact with other sector regulators, such as the building safety regulator and the Housing Ombudsman. This will take some getting used to. Such clarification is particularly important for tenants, who will also have an important role to play. In fact, the Act enshrines in law their rights to have a safe and decent home, to make their voices heard and to influence policy so that tenants can shape the homes they live in and the services they receive. I have a pertinent, but perhaps tricky, question. Does the Minister feel that the residents panel—I notice that it is currently recruiting new members, so the current one has not been in action for very long—is a strong, independent and influential voice for tenants or just a sounding board?
Lastly, I look forward to the day when private sector landlords are also subject to the same regime because it is long overdue and much needed.
I thank the noble Baronesses opposite for their support, not only today but when we were taking the Bill through, and their challenge on what could be made better. We took some of those things on board.
The noble Baronesses, Lady Thornhill and Lady Taylor of Stevenage, brought up the pressures on the sector. We totally understand them, which is why we work closely with the sector, but my view is that it is the sector’s responsibility. It is the sector’s stock. It needs to keep that stock up and its tenants deserve the very best. So, we will support the sector, but we will not stop challenging it to ensure that social housing tenants live in safe, good accommodation. That is what has come from the Secretary of State right the way through this process.
On right to buy, all I can say is that there were many pressures on the Budget this year. The percentage did not get extended but, again, we are working with the sector to see how we can make the building of more social houses, particularly by local authorities, affordable into the future. I think that noble Lords will hear more on that.
Moving on to the noble Baroness, Lady Thornhill, am I confident in the approach to inspections and learning from the best? I think learning from the best is the important thing and, yes, I am confident. I talk regularly to the social housing regulator, and it gets it and understands its role. I do not think it will go in heavy to begin with; it will allow the sector to begin to understand this important new regime. However, I think it is important that it can go in quickly if it thinks there is a particular issue to deal with and that it will do regular inspections throughout the sector in future. We will weed out the worst providers, but it is also a matter of helping them to improve and learn from the rest of the sector.
I understand the pressures on the sector, particularly for building new houses, as it has quite rightly had to put more money into making sure that the stock it has is of good quality, so there is possibly less money left for building more houses, but we have a fund of more than £11 million to do that. Housing providers are looking to use that fund continually, and we are supporting them to do that.
Recruitment and retention is out for consultation. We will listen to the sector. This was extremely important to members of the Grenfell community, in particular. They felt that their housing officers were sometimes as important as people working in social care in the council. We listened, and we found a way through that one. We also need to listen to the sector and the regulator as we move forward about the timeliness of implementing this. It is not going to be done overnight, so we will work with the sector after the consultation and listen to what it is saying on that one.
It is the same with Awaab’s law, although I am very passionate about getting Awaab’s law in place as soon as possible. I probably agree with the noble Baroness that perhaps we should start with the timings on damp and mould; that may be something we can look into further. We have only just finished that consultation. I have not seen the responses yet, so I do not want to pre-empt what will come out of that, but we will look, listen and do what we can to get that important part of the Act in place as soon as possible.
The noble Baroness also brought up the interaction between the Housing Ombudsman, the building safety regulator and the social housing regulator. In the department, I have talked many times with officials about the communication on this because it is a new regime; we want it to work and to work well for the tenants concerned. I think noble Lords will see a lot more communications with tenants about who to go to. Of course, if they have a problem, they should first go to their housing provider. We want to make sure that they do that and, if it is an individual case, go to the ombudsman, and then to the building safety regulator which will be working very closely with the ombudsman to make sure that it is picking up any themes coming out from a particular provider or group of providers. That is the way it will work, but communication to the tenants about this regime is important.
Finally, I turn to the residents’ panel. I have been to the residents’ panel, and I do not think that it is a talking shop at all. It is quite challenging. That is why we are extending them for a further year beyond just one year. What the panel says is very important not just for us as a department but for our partners, including the social housing regulator, the ombudsman and the building safety regulator. It is important to listen to the panel; it certainly tells us what it thinks.
I think that I have covered everything; I will check and, if I have not, I will write as usual. To conclude, these changes will ensure that the statute book remains accurate following the passage of the 2023 Act. This is just a small part of our wider mission to drive up the quality of social housing and ensure that all tenants are treated with fairness and respect.
(9 months, 4 weeks ago)
Lords ChamberMy Lords, let me make it clear that we have delivered 2.5 million extra homes in the last 14 years. Since 2018, we have also delivered the four highest annual building numbers for 30 years, and we are on target for 1 million more homes in this Parliament. We are delivering, but we have been through an economic crisis. We are coming out of it, and we will start to build more homes in the future.
My Lords, the report highlights the now widespread practice by local authorities of the non-adoption of public amenities, such as roads and playgrounds, on all new-build estates. Does the Minister accept that councils have been pushed down this road by significant cuts to their budgets over many years? More importantly, what steps are the Government taking to reverse that trend, which has resulted in an explosion of unregulated management companies ripping off residents who are, in effect, paying twice for public facilities usually provided via council tax?
The noble Baroness is right and, like me, she understands this system. Since about 2015, there have been more councils that are not taking control. I believe that that is about council priorities and not about money, because not all of them have. It is up to the developers and the local planning authority to agree the appropriate funding, delivery and maintenance arrangements for these public areas. That is why, through the Leasehold and Freehold Reform Bill, we are taking firm action to ensure that estate management companies are more accountable to their freeholders for how their money is spent.
(10 months, 1 week ago)
Lords ChamberI repeat that we have said that we will look at funding in the next Parliament. There is an 18% increase in budgets per dwelling in the most deprived areas, compared to the least deprived. Through the settlement, places such as Birmingham are getting a lot more money.
My Lords, councils have been receiving money from the Government’s household support fund, which has provided many thousands of families with essential sharp-end help with their bills and food, for example. However, it is due to end at the end of March. Will the Government seriously consider extending that effective and targeted support for at least another year? Have they taken into account the increase in child poverty they anticipate will result from the withdrawal of this much-needed, much-used fund?
The noble Baroness is right to say that the current household support fund runs out on 31 March. However, the Government continue to keep all existing programmes under review in the usual way.
(11 months, 2 weeks ago)
Lords ChamberYes. I think we already said in the levelling-up Act that the £11.5 billion in the affordable homes programme can be used for social housing, as it has in the past. It is important that social landlords understand that and use that money.
I am pleased to see the noble Baroness back in her place; she has been missed. For this new legislation, the Government have sensibly constituted a Social Housing Quality Resident Panel to advise them and, presumably, to listen to its views. The panel stated that it did not believe that
“court action would … prevent and resolve housing hazards”
or
“incentivise landlords to meet the deadlines”,
and that it would
“place the burden of enforcement on residents”.
What is the Government’s response to this plea? Most importantly, what support will be given to tenants to make this work?
I thank the tenants’ panel. I have been to a couple of its meetings, and it has been excellent. It was meant to last for a year, but we are going to continue with it. No, we are not expecting tenants to fund their own cases. That is not correct, and I do not know where that has come from. I would like to discuss the issue further with the noble Baroness and get a clearer answer, because I am not aware of that.
(1 year, 3 months ago)
Lords ChamberMy noble friend is absolutely right about the court system: it is too slow. On difficult cases that escalate to the courts—not all of them do—we are working with the judiciary, the Ministry of Justice and HMCTS to target areas that frustrate proceedings, including through digitising more of the court process to make it simpler and easier for landlords to use.
My Lords, the system is just not working. It relies on the tenant applying for a fuel poverty grant and, as is clear from the statistics that my noble friend just gave, that simply is not working. These perverse incentives are working against each other and not helping the poorest in society. Are there any plans to review this, because it is so obviously not working? What did the Minister make of the Secretary of State’s remarks that he wants to relax the pace of energy-efficiency standards in the private rented sector, given that it has the fewest decent homes?
We are still committed to raising efficiency from band E to C by 2028 and will keep the fuel poverty grant under review. I think the important issue, as I said in response to the noble Baroness, Lady Grender, is the grants that will make private rented properties more energy efficient in the first place.
(1 year, 5 months ago)
Lords ChamberThe noble Lord is right, and I thank him for the work he has done on this. I assure him that we are still looking at his review. We are also working with National Trading Standards to improve particularly the disclosure of material information in property listings, and with estate agents to ensure that they are offering an appropriate service to consumers all the time. We will continue to work with the sector to make sure that it is behaving appropriately and ensuring that people who go to agents are treated with the respect that they deserve.
My Lords, over the years that this has been a major issue we have had seven Secretaries of State and nine Housing Ministers. In the meantime, the building safety crisis and surging inflation are causing even more financial hardship to tens of thousands of leaseholders. Can the Minister assure us that managing agent reform—I use that word deliberately—and regulation specifically will be a plank of any new legislation? Will it be given the necessary time to ensure that it receives Royal Assent before the end of the next Parliament?
My Lords, I have said many times at the Dispatch Box that I cannot say that. I cannot tell noble Lords when the leaseholder protection Bill will come through and what it will contain because that would pre-empt the King’s Speech. However, I can assure noble Lords, as I have said before, that it was in our manifesto and that we intend to deliver before the end of the Parliament.
(1 year, 5 months ago)
Lords ChamberMy Lords, Amendment 59, in the name of the noble Baroness, Lady Scott of Needham Market, and introduced by the noble Baroness, Lady Thornhill, seeks to allow parish councils to pay allowances for dependants’ care costs to their councillors. I am grateful to the noble Baroness for raising this important issue again, and I recognise the admirable aim of her amendment.
It is important that local communities are properly represented by their local authorities at all levels, including parish councils. Giving parish councils the option of paying these allowances, though, would create an expectation that they would be available to all their members, and that would place an unknown, unfunded and potentially significant burden on the modest finances of parish councils. It is not the policy of the Government to place such burdens on local authorities at any level, and we believe it would be irresponsible to do so.
We do not have, and have not been provided with, any evidence of the scale of the demand for care allowances by parish councillors, nor of the likely costs to their councils, and we cannot be confident that the benefits here would outweigh the costs to the local taxpayer. We have a responsibility to ensure that we take action that could increase council tax further, and put extra pressures on residents, only where absolutely necessary. But I am happy to have further discussions with any noble Lords or noble Baronesses and to consider any evidence that they may have at a later date. However, until we understand this issue better, the Government cannot support the amendment.
Weymouth was brought up. Weymouth council came to the Government, as was said, but there was insufficient information for Ministers to make an informed and substantive decision at the time. Our concerns about the impact on parish councils’ finances remain, and we will respond shortly to Weymouth town council’s proposal.
Moving to government Amendments 60 and 308, we have listened carefully to the concerns that were expressed in Committee that some parish councils believe that they are prohibited from providing funding to churches —to answer the noble Lord, Lord Cashman—and other religious buildings. I pay tribute to the right reverend Prelate the Bishop of Bristol, my noble friend Lord Cormack and the noble Lord, Lord Best, for bringing this issue to the House’s attention. I am pleased to say that the Government wish to move this amendment to clarify that there is no such prohibition.
We have heard that stakeholders’ confusion comes from the Local Government Act 1894. That Act set out a clear separation of powers between the newly created civil parishes, which exercised secular functions, and what are now parochial church councils, which exercise ecclesiastical functions. In setting out the scope of the powers conferred on civil parishes, the Act gave parish councils powers over
“parish property, not being property related to the affairs of the church or being held for an ecclesiastical charity”.
Some stakeholders appear to see this wording as a general prohibition which prevents parish councils doing anything in relation to church or religious property, even under their powers in other legislation. The Government did not agree with this interpretation. Their view was that this wording simply sets out what is and is not a parish property for the purposes of the powers of the 1894 Act. This is supported by the Hansard record for 1 February 1894, when the then right reverend Prelate the Bishop of London explained why he had proposed including this wording by way of amendment.
The Government do not think that there is any general or specific provision in the 1894 Act which prohibits parish councils funding the maintenance and upkeep of churches and other religious buildings. Therefore, this amendment does not seek to make any substantive changes to the existing legal provision. Instead, it clarifies that the 1894 Act does not affect the powers, duties or liabilities of parish councils in England under any other legislation. This will give councils the comfort that, even if they disagree with the Government’s interpretation of the 1894 Act, it cannot prohibit them using their other powers to fund repairs or improvements to local places of worship, if they choose to do so. Government Amendment 308 makes provision for this new clause to come into force two months after Royal Assent.
I listened very carefully to the noble Baroness, Lady Burt of Solihull, and the noble Lord, Lord Cashman. In reality, this is going to allow something that in many areas is happening already, and we have heard examples of that. In churches and other religious buildings across this country many community activities are taking place, from coffee mornings to luncheon clubs, knitting circles and toddler groups. I think it is correct that we make it very clear as a Government that parish and town councils are legally able to support those sorts of activities and can help such facilities along a bit—often the only community facility is the church or another religious building—if the parish council or the town council agrees that it is the right thing to do on behalf of that community.
I thank the Minister for her considered response. However, it saddens me that the Government feel that this is not a decision that a parish council can make for itself. I will be blunt and say that it is stunningly patronising. It has been dressed up as an overwhelming regard for a parish council’s budget when, on a daily and weekly basis, the Government take decisions that increase council tax. That is another debate for another day. We are just asking for parish councils to have the power to make their own decisions.
What evidence do the Government feel would be acceptable? Lots of parish councillors might say, “We can’t get people unless we do this”, or, “Actually, there’s only one or two that ever need this but they’re really good people and we’d like to be able to give it to them”. Can I reverse that and ask the Government what evidence they feel would be needed? The bottom line is this: why can parish councils not make the decision for themselves? I beg leave to withdraw my amendment.
(1 year, 5 months ago)
Lords ChamberTo ask His Majesty’s Government, further to the letter to the Prime Minister from housebuilding firms on 6 July, what steps they are taking to strengthen the viability of small and medium-sized housebuilders.
SMEs are an indispensable part of our housebuilding sector, and we are committed to strengthening their viability. We are providing financial support through our £1.5 billion levelling-up home building fund, which will help SMEs build around 42,000 homes. Through the £1 billion ENABLE Build guarantee scheme and the Levelling-up and Regeneration Bill changes to the planning system, we will further support SMEs in making the planning process easier to navigate, faster and more predictable.
I thank the Minister for her genuinely helpful Answer. With planning permissions at an all-time low and taking longer, the Home Builders Federation says that SME builders are going out of business now, while 145,000 desperately needed homes are on hold due to, to quote its letter to the Prime Minister, the Government’s “anti-development policies”. Does the Minister agree that this is largely a result of policy conflicts and mixed messages from the Government, as reported even today in the Times? It might be helpful to SMEs if they knew what the Government were doing about the 48 local authorities that have paused or withdrawn their local plans and the 74 that are affected by Natural England’s nutrient neutrality building moratorium. SMEs in these areas need urgent action; they cannot just pack up and go elsewhere.
I have explained how we are supporting them financially, but we are aware that the planning system, for example, is not as user-friendly as it should be to SME builders. That is why we are making changes in the LUR Bill, but we are also trying to ensure that the planning system is now better funded, so any time now we will see an increase in planning fees, for example, by 35% for major applications and 25% for other applications. All this investment should make sure that SMEs find the system simpler and easier to use, and that therefore they can access it and build more houses for us.
(1 year, 5 months ago)
Lords ChamberMy Lords, I never said that I would bring it forward—I said that the Government would. It is now in the hands of the Home Office, which is dealing with this.
My Lords, rough sleepers are just the thin end of the wedge, as the noble Baroness knows. Part of the long-term solution to homelessness must be to build many more homes for social rent and, in particular, to increase the public sector’s role in building them. Given the additional financial pressures there are on social housing providers, as we both know—not least the decent homes standard, net-zero homes, fire safety and increased construction costs—will the Government commit to a minimum 10-year rent deal for these landlords to allow a longer period of annual rent increases and long-term certainty so that they can plan to build more much-needed social homes?
The noble Baroness is absolutely right that we need more homes in this country—more affordable homes and more homes for social rent. That is why we are putting £11.5 billion into the affordable homes programme and, importantly, working with local authorities to ensure that they look at every possible way of using the £500 million we are giving them to keep people in their homes in the first place, rather than becoming homeless.
(1 year, 5 months ago)
Lords ChamberWe are responding by offering support through initiatives such as spending £500 million on rough sleeping initiatives between now and 2025. Under the ending rough sleeping for good initiatives, £2 billion is going to local authorities over three years to look at their issues. Your Lordships need to understand that the increasing numbers are only in 5% of local authorities in this country. We need to target and help those local authorities, both with support and with money, which is what we are doing.
My Lords, last year, 129,000 young people facing homelessness, aged between 16 and 24, tipped up at their local council asking for support—which is undoubtedly an underestimate. Currently, universal credit levels for young people living independently are more than a quarter lower than for those aged over 25. Can the Minister say by what logic we financially penalise young people, whose bills, including rent and essentials, cost exactly the same regardless of their age, and does she agree that this shortfall will make them even more susceptible to eviction and homelessness?
The noble Baroness is right, which is why, in the Government’s strategy Ending Rough Sleeping for Good, which was backed by £2 billion last year, we recognise the particular challenges facing young people with regard to homelessness. We have a single homelessness accommodation programme, which will have delivered nearly 2,500 homes by March 2025. There is also the £2.4 million for rough sleeping initiatives going towards youth services in local areas that have an issue with youth homelessness.
(1 year, 6 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing my name on the Order Paper, and I declare my interest as a vice-president of the Local Government Association.
My Lords, temporary accommodation is a vital way to ensure that no family in this country is without a roof over its head until it is offered suitable long-term accommodation. Legislation is clear that long-term use of bed-and-breakfast accommodation is inappropriate for families. We are helping councils to prevent homelessness in the first place by investing £1 billion in the homelessness prevention grant over the next three years.
I thank the Minister for her Answer, and I know that she understands the challenges and pressures that councils face. The root cause of the logjam in temporary housing is the significant lack of affordable move-on accommodation—with the emphasis on “affordable”. Does she agree that, despite the lifting of the housing revenue account borrowing cap, councils and housing associations still face significant barriers to building their own, much-needed social homes? What plans do the Government have to eliminate those barriers, including a more flexible, sustainable approach to both rent levels and borrowing costs but in particular a full reform of the right-to-buy scheme, which disincentivises building when homes can be sold off in two to three years, sometimes at less than it cost to build them?
The noble Baroness is absolutely right that part of the issue is the heating of the system and the lack of accommodation available. That is why, since 2010, more than 2.2 million additional homes have been delivered in this country, including 632,000 affordable homes. We have also announced £10 billion of investment in housing supply since the start of this Parliament, together with—I have said this many times at this Dispatch Box—£11.5 billion in the years 2021 to 2026 for the affordable homes programme, which will deliver thousands more affordable homes for rent. I am not saying that this is not a difficult issue to deal with, but the Government have it as a priority and are working through both the affordable housing system and the rented sector.
(1 year, 6 months ago)
Lords ChamberThe noble Baroness has been involved in some of the Committee sessions of the levelling-up Bill, and she will know that we are looking at hope value and land prices. The Government particularly recognise the need for homes for social rent. That is why social rent homes were brought into the scope of the affordable homes programme, for example, in 2018. As I say, the levelling-up White Paper committed to looking at ways to increase the supply of social rented homes.
My Lords, 40 years ago SME builders built 40% of all new homes. Today the figure is around 10%. The Minister might therefore understand my disappointment that the Government have not accepted my amendment to the levelling-up Bill that would assist SMEs to build on small sites. Will she offer assurances today that the new NPPF, which is being revised and will appear soon, I hope, will have something in it to give SMEs hope that they can get back to building at scale?
I am not going to get into what will and will not be in the NPPF at this time. What I can say about government support for SMEs is what we are doing at the moment. We have launched the Levelling Up Home Building Fund, which is providing £1.5 billion in development finance to SMEs and MMC builders and supporting them to deliver more homes. As the noble Baroness said, the Levelling-up and Regeneration Bill will make changes to the planning system that will support SMEs by making the planning process faster and far more predictable.
(1 year, 7 months ago)
Lords ChamberI thank my noble friend for that question—or statement, I think. Yes, we have made it very clear all along, in answering every question that I have been asked at this Dispatch Box, that we are going to bring forward further leasehold reform and it will be in this Parliament.
My Lords, my recent experience of helping leaseholders in a retirement block near me leads me to ask: does the Minister accept that going to the final arbiter of leasehold disputes, which is the First- tier Tribunal, is a long, off-putting, expensive, complex process? Can she reassure us that, when the renters reform Bill finally arrives, it will address this unsatisfactory service which, I can bear testimony to, really is a serious detriment to leaseholders seeking fair treatment?
Certainly, we will be looking at the First-tier Tribunal issue, as we will be looking at all issues, when we get to the leaseholders Bill and the private renters reform Bill.
(1 year, 8 months ago)
Lords ChamberThis is a subject that my noble friend brings up quite often. As I have said, we will continue to look at every solution to the problem of more houses in this country.
My Lords, for me, the key issue is the lack of suitable homes for people to upsize to at a rent that they can afford. Will the Government please reconsider unfreezing the local housing allowance to help some families, especially those in the private sector, to upsize and get out of those conditions?
We have no plans to do so at the moment but I will keep the noble Baroness and the House aware of any that we might have in the future.
(1 year, 8 months ago)
Lords ChamberThe Bill makes it clear that local authorities, in their local plan, have to include housing for older people and for disabled people and other vulnerable groups. The Government want to deliver the best possible outcomes for these groups by helping them to live independently in safe, appropriate and good-quality housing for as long as they can possibly stay in it. The £11.5 billion affordable homes programme includes the delivery of new supported housing for older, disabled and vulnerable people, and our planning rules already mean that councils must consider them in their plans.
Targets do not get homes built. People do, people with a wide range of skills. Given that every single report, from Kate Barker in 2004 to the recent BEIS figures, have warned us of a severe skills shortage in the construction industry, what are the Government’s plans to reverse this decline? Do the Government see SME builders as part of the solution, as they appear to have been phased out of significant housebuilding altogether over the past decade?
We are collaborating across government to ensure that we are supporting the sector. The Department for Education is improving training routes into construction and creating opportunities for workers to retrain by working with employers to make apprenticeships available and more flexible and to promote T-levels. The Government are increasing funding for apprenticeships across all sectors, including construction, to £2.7 billion in 2024-25. We are continuing to fund more apprenticeships in non-levy-funded employers, which are often SMEs, and the Government will continue to meet 95% of the apprenticeship training cost for those companies.
(1 year, 10 months ago)
Lords ChamberThe noble Lord is absolutely right. This is an important issue, particularly for older people who may be considering downsizing. It is just too complex at the moment. That is what we will be dealing with as we move forward, and I thank the noble Lord for all his help in doing so.
My Lords, the points raised in the Question from the noble Lord, Lord Kennedy, are, in fact, all covered by very good codes of practice, advice from government and professional bodies. The problem is that there is no enforcement and no sanctions. Evidence from the First-tier Tribunal chamber and the Leasehold Advisory Service shows that this is happening all too often. When will there be a regulator with teeth, as recommended in the report by the noble Lord, Lord Best, or will the Government at least consider making the First-tier Tribunal’s decisions legally binding?
We will certainly have a social housing regulator once we get the Social Housing (Regulation) Bill through the other place and back through here, and I hope that will be as soon as possible. Regarding the noble Baroness’s other concerns, we will have to be patient and wait for the Bill to come forward.
(1 year, 11 months ago)
Lords ChamberMy Lords, adult social care has been an issue to be solved for not just this Government but many Governments before them. The Government are putting more money into adult social care. They put £2 billion more into local authority funding this year for it, and we will continue to look for better ways of delivering adult social care, working with the NHS as well.
My Lords, according to LGA evidence, without further government intervention 74% of council areas are at risk of losing their local swimming pool or reducing leisure services due to rising fuel costs, and that is this year. Can the Minister explain why the Government’s energy bills discount scheme includes museums and libraries, which is very welcome, but surprisingly excludes public leisure facilities? Can she please check whether the Government were aware of this evidence when they drew up the recent scheme? Will they seriously reconsider classifying pools and leisure centres as energy intensive, as they surely are?
My Lords, the energy bill relief scheme this winter provides a discount on energy for councils whose bills have been significantly inflated. This scheme was to run until 2023, and in January the Government announced that the energy bills discount scheme would run for a further year, until March 2024. But the noble Baroness opposite is right; I have already asked that question, and when I get an answer, I will come back to her.
(1 year, 11 months ago)
Lords ChamberI think this question was asked last week as well. We are tackling the barriers to increasing use of modern methods of construction in the industry, which are cheaper and quicker to deliver, but it means we have to be joined up so that we have a sustained pipeline for these companies to be able to deliver these important new houses. Through our £11.5 billion affordable homes programme we are challenging the sector to increase the number of homes delivered through this modern method. Around 40% of current allocations made through the programme use modern methods of construction.
Despite the Minister’s very genuine assurances, we are told that housing targets are now advisory, not mandatory, and we know that an increasing number of councils are actually stopping work on their local plans. Indeed, some are withdrawing them. The Secretary of State has said that councils do not need to pass as rigorous a test to get their plans through. Are the Government not now in danger of punishing the majority of councils that have complied with the manifesto and the rules and had their plans adopted, and letting off the hook or even rewarding those that have dragged their heels?
No, we are not. The Bill that is starting Second Reading tomorrow in this House will make it very clear that local plans are what are required from local authorities. It is important that they have local plans. Only 40% of local authorities have up-to-date ones at the moment. It is important that all local authorities have up-to-date plans, because the evidence shows that local authorities that do not have a local plan often deliver up to 14% less housing than those that do.
(1 year, 11 months ago)
Lords ChamberMy 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.
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?
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.
(2 years ago)
Lords ChamberYes, 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.
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?
(2 years, 1 month ago)
Lords ChamberThe 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.
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—
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?
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.
(2 years, 2 months ago)
Lords ChamberI 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.
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?
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.