Tenancies (Reform) Bill

Debate between Barry Gardiner and Stephen Williams

Friday 28th November 2014 Commons Chamber

[Stephen Williams]

These are detailed points and reasonable concerns about the effects of the Bill. That is why the Government’s position is that we support the Second Reading of the Bill so that such points can be teased out in Committee. As the hon. Member for Harrow East also said, that is one issue that will need to be tested.

[Barry Gardiner]

The Minister has indicated that the Government support the Bill, so will he explain why on 24 November the coalition Government voted against an amendment to the Consumer Rights Bill on this exact point?

[Stephen Williams]

We are trying to be consensual today to get this Bill through. I think the hon. Gentleman knows very well that this Bill was already known about. It is promoted and supported by the cross-section of charities referred to by my hon. Friend the Member for Brent Central. Today is her opportunity to introduce the Bill and for the Government to respond to a substantive debate on it. That is why it was said in another place that the amendment tabled by the Opposition was not necessary, as we would have the opportunity to deal with the matter today. That is what we are now doing.

The Bill is necessary. The Government are very clear that retaliatory eviction is wrong and that its continued practice is unacceptable. No tenant should face eviction because they have made a legitimate complaint about the condition of their home to the landlord. No decent landlord—decent landlords have been referred to, in particular by my hon. Friend the Member for Eastleigh— would engage in or condone that practice. However, there are a small number of rogue and unscrupulous landlords who think it is perfectly acceptable to evict a tenant for requesting a repair.

The hon. Member for Shipley (Philip Davies) asked for evidence and here it is. An extrapolation from a YouGov survey of more than 4,500 private renters carried out earlier this year found that 480,000 tenants had either not asked for a repair to be carried out or had not challenged a rent increase because they were concerned about being evicted. Some 80,000 tenants had actually been evicted because they had asked for a repair to be carried out. Many of those tenants will have children and partners, so we estimate that about 213,000 people are actually affected by retaliatory eviction every year. There may be 213,000 people affected by the issue we are discussing today.

It has been suggested—I suspect it will shortly be suggested again, but at great length—that there is no need for the Bill because existing consumer protection legislation is adequate. The view of the Government is that that is not correct. The existing law does not provide tenants with sufficient protection against retaliatory eviction. The application of existing consumer legislation to landlord and tenant issues is not clear. The existing consumer law enforcement regime is not specifically geared up to deal with landlord and tenant issues, but applies to traders who offer a wide range of goods and services.

It would be difficult for a tenant to prove that a landlord had acted illegally under consumer law by serving a section 21 notice in retaliation for a complaint. Threatening a tenant with eviction could potentially be considered an aggressive commercial practice, but it is difficult to see how serving a notice that a landlord is contractually and statutorily entitled to serve would be found to be an illegal act. Under section 21, the landlord does not need to give a reason to evict tenants.

Engaging in unfair or aggressive commercial practices is a criminal offence for which a prosecution or other enforcement action can be brought by trading standards officers. We consider that the law needs to be changed to introduce provisions specifically designed to target retaliatory eviction, which will make it clear that where a local authority has issued a statutory notice in relation to a health and safety hazard in the property, the existing restrictions on the use of section 21 notices should be extended to cover those circumstances.

It has also been suggested—I suspect we will hear more about this shortly—that the introduction of the Bill will jeopardise the private rental sector. There are already some restrictions on the use of section 21 notices. Landlords cannot serve a section 21 notice where they have failed to put their tenant’s deposit in a Government-approved tenancy deposit scheme, or where they have not obtained a licence for a property that should be licensed. There are therefore already some restrictions on section 21 and the private rental sector has expanded none the less.

I will briefly cover the four main areas of the Bill. First, there is protection from retaliatory eviction where a tenant requests a repair be carried out and the local authority confirms that that repair is necessary. It cannot be a vexatious raising of a spurious point—the local authority would have to confirm that the repair was necessary. If that is the case, the landlord will be prevented from evicting that tenant for a period of six months. Under existing legislation the landlord will also be required to ensure that the repairs are completed.

Budget Resolutions and Economic Situation

Debate between Barry Gardiner and Stephen Williams

Tuesday 22nd June 2010 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

Today, let us spare a thought for the Liberal Democrats. In April, the great cause célèbre—the only amendment they fought for in Labour’s Budget—was deferring the rise in the rate of duty on cider until June. Today, they achieved that ambition; duty was reduced from 10% to just 2%. In April, Liberal Democrat spokespeople loudly claimed to have stopped the wicked Labour Government from raising a few million pounds from west country cider farmers. Today, they sit, quisling apologists, for a Budget containing the most savage cuts and devastating tax increases in a generation.

On 8 April, the Deputy Prime Minister accused the Conservatives of wanting to raise VAT to plug a black hole in their financial plans. He boasted:

“We will not have to raise VAT to deliver to our promises. The Conservatives will. Let me repeat that: our plans do not require a rise in VAT”.

No wonder that, when the Prime Minister was asked during the election campaign for his favourite political joke, he replied in just two words: “Nick Clegg.” The Liberal Democrats have now delivered the tax bombshell for their Conservative masters, precisely targeted at the poor, who spend a far greater proportion of their income on VAT-able items.

[Stephen Williams (Bristol West) (LD)]

Would the hon. Gentleman like to look at the tables on pages 67 and 68 of the Red Book, which disprove the point that he has just made?

[Barry Gardiner]

I should be very happy to look at the pages of the Red Book in due course, but if the hon. Gentleman wants to challenge the fact, which I have just stated, that the poor spend a greater proportion of their incomes on VATable items, I am sure that he will find not only that he is wrong, but that he is out of sync with other Liberal Democrats—his leader, in fact, and his deputy leader—who have said exactly the same as I have. No wonder that the Liberal leader had to write to his MPs today to insist that he had not sold out on his party’s promise to protect those who are on average incomes.

I simply refer those hon. Members to “Liberal Democrat Voice”, published on 8 April, in which the Liberal leader said:

“So if you’re on an ordinary income, you have a choice. If you want your taxes to rise: vote Labour or Conservative. If you want your taxes to fall: choose the Liberal Democrats.”

The smugness is breathtaking, but nowhere near as breathtaking as the G-forces exerted by the speed of the U-turn that he has performed. His talk of progressive cuts certainly did not go down well in Sheffield, Hallam, where the axing of the Labour Government’s £80 million loan to Sheffield Forgemasters has denied his constituency of the manufacturing future and new jobs that local people so badly wanted and that he once said that he believed in.

As the Social Liberal Forum reminded the Deputy Prime Minister in an open letter last week:

“The Liberal Democrats did not sign up to the Conservative formula of cutting £4 for every £1 raised in additional revenue and it would be impossible to pursue such a policy without adversely hurting the most vulnerable in society. With this in mind, it seems incomprehensible that we could be contemplating a rise in VAT at this stage. As the Liberal Democrats pointed out before the election, a VAT rise to 20% would cost every person in the country an average of £389, disproportionately hurting the least well-off who would be least able to afford it.”

That is Liberal Democrats talking. Frankly, we expect the Conservative party to attack the poorest in society. It was rather refreshing to be told a week last Thursday, by the Under-Secretary of State for Communities and Local Government, the hon. Member for Bromley and Chislehurst (Robert Neill), that

“Those in greatest need ultimately bear the burden of paying off the debt”.—[Official Report, 10 June 2010; Vol. 511, c. 450.]

At least he got it right.