Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Bob Blackman Excerpts

2nd reading: House of Commons
Friday 19th January 2018 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

I join others in wishing you, Mr Speaker, a very happy birthday and in thanking you for sitting in the Chair on your birthday when you could be off enjoying yourself in another way. [Interruption.] I am sure you are going to enjoy our debate.

First, I draw the House’s attention to my entry in the Register of Members’ Financial Interests; I am a vice-president of the Local Government Association and have a small property portfolio.

I congratulate the hon. Member for Westminster North (Ms Buck) on bringing this much-needed Bill to the House to ensure that all tenants, whether in social or private rented housing, will have the right to make sure that they are living in a decent home. I think it is a fundamental right of everyone in this country to be able to live in a decent home. This measure has been needed for a long time.

It is a pleasure to follow the hon. Member for Sheffield South East (Mr Betts), the distinguished Chair of the Select Committee on Communities and Local Government. I am not sure whether we have got around to changing the name yet—the name of the Ministry has changed. He has a long history of service in local government and in this House in holding the Government to account through our work on the Select Committee. I have had the pleasure of serving on the Committee for the last seven and a half years. During that time, we have looked at all aspects of the private rented sector and the socially rented sector. This measure is welcome and needed.

I pay tribute to my hon. Friend the Member for Reading West (Alok Sharma), who was the Minister responsible for negotiating with the hon. Member for Westminster North to get the Bill into a form that the Government could support. I hope that Members will unanimously support Second Reading later today. I welcome the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for South Derbyshire (Mrs Wheeler), to her place. I have one or two questions that I hope she will answer when she speaks later. I want to thank the myriad organisations that have sent us briefing notes, all of which praise and support the Bill, I am delighted to say. That means that it is likely to receive a smooth passage through the House.

There are many different types of landlord in the private and social rented sectors. There are accidental landlords who inherit a property and rent it out. Most of those individuals want to do the right thing, but they are often ignorant of their responsibilities under the law. The Government have a duty to ensure that those landlords are educated about their responsibilities to their tenants. There are also small investors who have chosen to use property as a means of creating a pot of money for their retirement or for other purposes, and there are commercial landlords. Most commercial landlords in the private sector are really good landlords, but some are rogues. This Bill and many others aim to spot those rogue landlords and put them out of business. It is right that we should ramp up our activities to ensure that those individuals do not exploit vulnerable tenants.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I want to draw the hon. Gentleman’s attention to the evidence that the Select Committee heard last Monday from Shelter, which said that, although the focus on rogue landlords was important, it was misleading to focus on them alone because the tenants experiencing poor-quality accommodation in the private rented sector were not limited to the relatively small number whose landlords could be described as rogues. Some landlords are inexperienced, lazy or negligent in carrying out their responsibilities but fall short of being rogues. These practices are nevertheless unacceptable.

[Bob Blackman]

I thank the hon. Lady for her intervention. When we look at the percentages of properties that are non-decent, it becomes clear that these practices are not limited to the small number of rogue landlords. I will say more about that later.

I note that the hon. Member for Brent North (Barry Gardiner) is in his place today. He and I share the challenge of trying to deal with the many individuals who bought a property many years ago and who, when their lifestyle changed, moved out and chose not to sell their property but to rent it out. Unfortunately, some of those individuals are now exploiting vulnerable people, and they need to be called to account.

In north-west London, we also have a huge number of what are termed “beds in sheds”. These are small developments in back gardens and alongside properties where unscrupulous landlords force people to sleep in absolutely unacceptable conditions. The local authorities attempt to enforce the rules but their resources are limited. As a constituency Member, I routinely draw local authorities’ attention to these landlords, but resources are limited. As the hon. Member for Sheffield South East said, local authorities need resources if they are to enforce the existing laws. I am concerned that, without those resources, the good intentions behind the Bill to give tenants rights and to ensure decent homes may not come to fruition.

[Nigel Huddleston (Mid Worcestershire) (Con)]

My hon. Friend is making a really important point about where the onus of responsibility lies. Does he agree that one of the attractive features of the Bill is that it puts a proactive responsibility on landlords to address issues and concerns, as opposed to the historical norm of their reacting with varying degrees of enthusiasm to issues when they are raised by tenants?

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[Bob Blackman]

I thank my hon. Friend for his intervention. One of the concerns has to be that, when we empower tenants, we have to ensure that they understand their rights and also draw to landlords’ attention their duty to keep their homes safe.

When the Select Committee conducted inquiries into these issues, we looked into the duties relating to electrical safety. The hon. Member for Sheffield South East will remember some of the reviews that took place. He will also remember our astonishment at the duties on homeowners, let alone landlords, to ensure that their places are safe for electrical purposes. Electrical problems are often invisible to tenants and to landlords, which can create hazards and risks for many tenants.

In one ward of my constituency alone, more than 20% of the properties are rented out in the private sector. Most are rented out to people from the European Union, mainly Romania and Poland, many of whom are being exploited. They are being herded into cramped accommodation in houses in multiple occupation that are not licensed. The local authority is taking action to try to combat that, but it is a real problem that individuals who are coming to this country to work hard, earn a living and contribute to this country are being ruthlessly exploited by a small number of landlords. I condemn those landlords for that.

[Matt Western]

We see the accommodation that the hon. Gentleman describes in back gardens alongside the train lines coming out of London, but does he accept that that exploitation affects not only migrant labour? With student accommodation, there is a high level of churn within that community, with students staying in a property for a year or less. They are hugely exploited, just as migrant workers are.

[Bob Blackman]

I thank the hon. Gentleman for that intervention. He reminds me of when I was at university in Liverpool. We all suffered appalling conditions in the private rented sector at that time. There are now many more students, all of whom need private rented accommodation for a time during their studies, and as he says, many of them are being exploited. However, they will often put up with conditions that others would not tolerate, in order to pay a lower rent. For that reason, they often do not draw problems to the landlord’s attention. That is clearly a problem.

We need to make it clear that this is a problem not only in the private sector. There are local authorities that do not maintain their properties to a decent standard. There are pockets of poor housing in that sector as well. I remember, as a local authority leader, applauding the then Labour Government for providing funds to bring local authority housing stock up to a decent home standard. That was a great thing, but large numbers of properties owned by councils are still not being maintained at a decent standard. We also have housing associations. About 28% of accommodation in the private rented sector is non-decent, but 14.8% of local authority housing is non-decent and 11.8% of housing association properties is non-decent. That shows that the problem is not limited to the private rented sector; it extends into the social rented sector. That is one of the reasons that I strongly support the Bill. It looks at these issues in a comprehensive manner, rather than a narrow one.

[Lloyd Russell-Moyle]

Does the hon. Gentleman agree that there are problems in local authority housing stock when local authorities subcontract out the maintenance of their properties, often for very long periods, with inadequate scrutiny? Tenants who are responsible to the local authority are unable to do anything, and the local authority is often unable to reel in the contract. The Bill could help to provide more leverage for the local authority to step in.

[Bob Blackman]

I thank the hon. Gentleman for that intervention. Clearly, local authorities that choose to outsource their responsibilities should not abdicate their responsibility to their tenants. One problem is that when tenants come to complain about that sort of issue, local authorities can wash their hands of it and say, “That is nothing to do with us. You have to go to the service company.” Tenants then find it difficult to identify who is actually responsible, and there are many examples in my constituency of where individual tenants have complained but have not been able to get the service that they should get from their landlord, be it a housing association or the local authority.

[Matt Western]

I thank the hon. Gentleman for being so generous in giving way again. In my local authority, I understand that the budget for maintenance and repairs to local authority-owned properties in this financial year ran out before Christmas, so the authority is unable to make those repairs.

[Bob Blackman]

I thank the hon. Gentleman for that intervention. We all recognise the clear pressures on local authority budgets, but the key issue is that it is the local authority’s responsibility to find the money to honour its obligations. I cannot talk about an individual council’s budget, but the reality is that councils have legal obligations to provide tenants with decent quality homes, and they should not ration the service they provide.

Almost a year ago today, I was standing up and speaking on my Homelessness Reduction Bill—now the Homelessness Reduction Act 2017—on Report. I remind the hon. Member for Westminster North that the only amendment accepted by the Government when the Bill was in Committee was her amendment, which means that local authorities, when placing vulnerable people in accommodation, have to inspect the premises and ensure that they are fit for human habitation and safe. That was a dramatic change to the law, but it is a narrow requirement relating only to when vulnerable people are placed in accommodation by local authorities. I am therefore delighted that this Bill will force all landlords to bring their homes up to a decent standard in an acceptable fashion.

However, I just want to raise one or two concerns, because I think the Bill can be improved still further. Tenants need to understand their rights and those rights need to be enforced. I want protection for people who complain about their landlords, so that we do not see retaliatory evictions, as mentioned by the right hon. Member for Kingston and Surbiton (Sir Edward Davey). We do not want people who take action suddenly to find themselves homeless because the landlord has said, “You can take me to court if you want, but if you do, I am going to evict you as a result.” That would be reprehensible and we have to find a way of combating it.

The Bill gives tenants the right to challenge bad landlords, but the primary responsibility for inspecting and ensuring that properties are safe should reside with local authorities. I am concerned that local authorities are now unable to carry out that function due to a lack of funding. The Bill’s explanatory notes state that a money resolution is not needed, but local authorities should be provided with more funds to enable them to enforce the rules that should apply. I ask the Minister to look at that, because the Department needs to consider the matter in the round to ensure that local authorities are given the necessary resources to ensure that people can live in decent accommodation.

[Rebecca Pow]

I commend my hon. Friend for introducing the 2017 Act, under which money has been made available to local authorities to carry out some of their new duties. Therefore, does my hon. Friend agree that there needs to be some support for local authorities in order to make this Bill work?

[Bob Blackman]

When I got my Act through, the Government were generous and produced some £83 million to support the first two years of the legislation, £17 million of which came as a result of the amendment of the hon. Member for Westminster North to ensure that homes are inspected and made fit for habitation before anyone is moved in. That was much narrower than the broader requirement in this Bill, so there is the need for a substantial injection of cash into local authorities.

[Lloyd Russell-Moyle]

Does the hon. Gentleman agree that the 2017 Act is still not being enforced in many cases? At Christmas, a mother from my constituency was moved into temporary accommodation where the toilet was overflowing, and that situation stayed the same until I intervened; the local authority only took action after that intervention. That shows that the 2017 Act is too weak and that without resourcing for local authorities, without increasing the cap on housing investment and without proper enforcement, these are nice words, but they are unenforceable.

[Bob Blackman]

The hon. Gentleman and I would agree that we clearly need to ramp up activity and funding and give local authorities the powers and resources that they need to carry out their duties under both this and other pieces of legislation.

I ask the Minister to consider the sentencing guidelines for rogue landlords. A maximum fine of £30,000 may be possible, but it is rare for the courts to issue such fines. Not only should fines be reinvested into the inspection and enforcement process, but we need clear sentencing guidelines so that magistrates courts can maximise fines, particularly in the worst-case scenarios.

[Clive Lewis (Norwich South) (Lab)]

On a point of order, Madam Deputy Speaker. May I just confirm something? We only have 23 minutes until the statement, and is it correct that this very important debate must conclude then?

[Madam Deputy Speaker (Dame Rosie Winterton)]

There will be a statement at 11 o’clock, but the debate will not conclude then.

[Bob Blackman]

For the hon. Gentleman’s information, I am coming to the end of my speech. I am very supportive of the Bill, and the debate will be interrupted while we have the statement, but it will continue to its conclusion thereafter, so he does not have to worry about that.

I have another concern about the legislation’s implementation period. The explanatory notes state that the provisions will come into force three months after the Bill becomes an Act, but will the Minister consider whether there is any need for secondary legislation—for any regulations—when the Bill becomes law? The Government are introducing myriad secondary legislation next month in relation to my Homelessness Reduction Act, and we do not want to reach a situation where much-needed secondary legislation is not ready in time for this legislation’s commencement, which could lead to problems later on.

In summary, I strongly support this Bill and trust that it will receive the House’s unanimous support. If the hon. Member for Westminster North wants me to serve on the Bill Committee, I will be delighted to do so to help her get the Bill through Parliament.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Bob Blackman Excerpts

Committee Debate: House of Commons
Wednesday 20th June 2018 Public Bill Committees

[Ms Buck]

Since Second Reading, I am very pleased to say that, with the co-operation of the Minister and the help of officials, we have been able to bring forward a planned amendment to extend the provisions of the Bill to common parts, which I will briefly explain.

Where a dwelling is part of a larger building—a room, for example, in a home in multiple occupation, a flat in a purpose-built block or a house that has been converted into flats—amendment 4 would extend the implied covenant of fitness, so that the whole dwelling would be fit for habitation, including any part of the building in which the landlord has an estate or an interest. That would include, for example, the outside walls and roof of a block of flats, and the internal common parts where the landlord owns the block.

If the common parts are in such a state that they present a risk to the health or wellbeing of the occupiers of the dwelling, the landlord will be required to take remedial action, subject to any exceptions available under, for example, the main amendments that we have made to clause 1. Amendment 4 is necessary to give effect to the purpose of the Bill, because without it the implied covenant would be restricted to the extent only of the demised property—that is, the flats—and would not catch, for example, fire safety hazards in the common parts.

Amendment 3 would ensure that where a landlord requires the consent of a third party—such as a neighbour, a superior landlord, a mortgage company or a public authority, such as one responsible for giving listed building consent—to carry out the works required to remedy unfitness, the landlord would not be liable if they had made reasonable efforts to obtain that consent but it had not been given.

[Bob Blackman (Harrow East) (Con)]

This is an excellent Bill, which I think we all support strongly. One issue that has raised concerns is the definition of “fitness” and who decides whether a building is fit or not. Is it the individual who has the lease or is it the landlord? Who makes that decision? Is there agreement on that matter with the Government and the Minister?

[Ms Buck]

That matter has indeed been agreed with the Government and is included in the Bill. The Bill amends the fitness standards of the Landlord and Tenant Act 1985 and updates them to incorporate part of the Housing Act 2004, which is basically the housing health and safety rating system. It will therefore be a more comprehensive and updated list.

In some cases, the tenant would still require an assessment to be carried out by the local authority before taking legal action under the Bill. In that sense, this legislation is complementary to the work that local authorities already carry out. In some cases, the tenant will make private arrangements for that, and in some cases the unfitness will be so evident that the tenant will be able to take action themselves by gathering photographic and other evidence that will clearly imply that the property is unfit.

In incorporating the updated fitness standards, we have made sure that we have future-proofed them, because I am conscious that there is a debate about the housing health and safety rating system and the risk-based approach. I am sure that there will be an opportunity to look at that again and consider how it can best be revised. We want to ensure that the Bill can incorporate any changes of that nature in the future.

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[John Healey]

We are debating clause 2 stand part. Clause 2(2), which I am glad to see survived the joint work with the Department, states:

“This Act comes into force at the end of the period of three months beginning with the day on which it is passed.”

The Minister and her team will be not only working on the content of the Bill, but planning and anticipating its implementation. When does she expect Royal Assent, and therefore the Act to come into force?

[Bob Blackman]

I echo the appreciation and thanks expressed to the hon. Member for Westminster North for introducing the Bill. She tabled an amendment to my private Member’s Bill that helped vulnerable people being offered accommodation by local authorities, to ensure that their homes were fit for habitation. That was a complementary move, and I strongly support today’s Bill.

I have a few questions for the Minister, which I will ask now rather than intervening when she rises to speak. My first question complements what the hon. Member for Plymouth, Sutton and Devonport said. One concern is that tenants who complain of the poor standard of the accommodation in which they live may be subject to retaliatory evictions. Clearly the Government must take action on that, or the teeth of the Bill will be irrelevant. Will the Minister ensure that the Government consider how to prevent retaliatory evictions? Will she also look at the issue of the guidance that the Department gives local authorities on enforcement? That is another key aspect of the Bill.

Thirdly, will the Minister look at the concerns that have been raised by a number of tenants’ groups and representatives of organisations that are looking at the degree of tolerance of homes that are unfit? I raised with the hon. Member for Westminster North the concern of who defines fitness. It is clear when a place is terribly bad, but electrical dangers can be unseen and the tenant may not have the knowledge to be aware of them. How is that to be determined? It is part and parcel of what we want to do to ensure that tenants are safe and clear.

While I am on my feet, I draw hon. Members’ attention to my entry in the Register of Members’ Financial Interests.

[Clive Efford (Eltham) (Lab)]

I do not want to detain the Committee for long, but I add my congratulations to my hon. Friend the Member for Westminster North. We have been in the House together for 21 years and she has never failed to battle on behalf of tenants, including and people vulnerable to being exploited by ruthless landlords. I want to put on record my respect for her dogged determination over so many years. In doing so, I echo the comments of other hon. Members on enforcement and the need to ensure that what is in the Bill is followed through.

Retaliatory evictions by ruthless landlords have been mentioned. That happened to a constituent of mine, which resulted in her being deemed by the local authority to have made herself intentionally homeless. That was a double whammy for that person. The local authority does not have the resources to investigate in depth to get to the bottom of why someone has been evicted.

If the words on the Bill’s pages are to have any meaning for some of the most vulnerable of our constituents, following through and making the resources available to enforce them is essential. I conclude by again congratulating my hon. Friend.