Renters’ Rights Bill

Chris Vince Excerpts

Tuesday 14th January 2025 Commons Chamber

[Matthew Pennycook]

My hon. Friend the Chair of the Select Committee is absolutely right and, as I will detail, that is precisely why the Government are moving to prohibit that practice. As she will know, the Government have already moved to ban bidding wars through the Bill, where desperate tenants are often pitted against each other so that a landlord can extract the highest possible rental payment. Demands for large rent-in-advance payments—in many parts of the country, they can be six, nine or even 12 months’ rent in advance—can have a similar effect, with tenants encouraged to offer ever larger sums up front to outdo the competition and secure a home that may or may not be of a good standard, or risk being locked out of renting altogether.

As I stated previously, the interaction of the new rent periods in clause 1, which cannot be longer than a month, and the existing provisions of the Tenant Fees Act 2019 related to prohibited payments, arguably provide a measure of protection against requests for large amounts of advance rent. As I made clear in Committee, however, there is a strong case for putting the matter beyond doubt, and that is what we intend to do.

[Chris Vince (Harlow) (Lab/Co-op)]

As the Minister will know, before coming to this place I worked for a homelessness charity in Harlow called Streets2Homes. Part of our role was to support homeless people—both rough sleepers and the hidden homeless—to get into rented accommodation, and often we provided deposits for that. Does he agree that the legislation will help charities like Streets2Homes provide more support to more people in need?

[Matthew Pennycook]

It absolutely will. I will detail some of the other changes that we are making to ensure that the Bill achieves our objectives.

Having listened to the concerns raised by numerous stakeholders, the views expressed on Second Reading and in Committee, and the representatives made to me by individual hon. Members, including my hon. Friends the Members for Darlington (Lola McEvoy), for Sheffield Central (Abtisam Mohamed) and for Leeds Central and Headingley (Alex Sobel), we have tabled new clauses 13 and 14.

New clause 14 would limit the amount of rent that a landlord can require to a maximum of one month. It would prevent unscrupulous landlords from using rent in advance to either set tenants against each other in de facto bidding wars or to exclude all together certain types of renters who are otherwise perfectly able to afford the monthly rent on a property. It does so by amending schedule 1 to the Tenant Fees Act 2019 so that any payment of rent made before a tenancy agreement is signed will be a prohibited payment. If a landlord or letting agent invites, encourages or accepts such a payment, they could face local authority enforcement action and a fine of up to £5,000.

New clause 13 would amend the Housing Act 1988 to ensure that tenants continue to be protected from unreasonable requests for rent to be paid early once a tenancy has commenced. Landlords will no longer be able to include any terms in the tenancy agreement that have the effect of requiring rent to be paid prior to the rent due date. Tenants will retain the flexibility to make payments of rent in advance within a tenancy agreement should they wish to do so.

The effect of the new clauses will be that tenants can be certain that the financial outlay to secure a tenancy will not exceed the cost of a tenancy deposit and the first month’s rent, and that they will not be required to pay their rent earlier than agreed. The new clauses will thereby reduce the barriers that stop tenants moving from substandard or insecure housing, and I commend them to the House.

Hon. Members with large student populations in their constituencies will know that the dynamics of the general student rental market in many parts of the country see students compelled to make important decisions about accommodation long before they have formed stable friendship groups, or have had time to properly judge a property’s condition or location, and to consequently pay substantial deposits at a point in time when they are already coping with significant additional costs. This arms race, in which students are pressured ever earlier in the year to enter into contracts for the subsequent academic year, clearly is not benefiting them, and it is arguable whether it benefits the student landlords engaged in it.

The Government have therefore tabled amendments 18 and 53, which will prevent the use of possession ground 4A in instances where a student tenancy was agreed more than six months in advance of the date of occupation, thereby helping to reduce the prevalence of the practice. I want to be clear that the amendment will not lead to an outright ban on contracts being agreed more than six months in advance. Instead, making the use of ground 4A conditional on not doing so will act as a strong disincentive against landlords who wish to use it to pressure students into early sign-ups, as many do now. I thank all those who have advocated for this change, including the former Member for Sheffield Central, Paul Blomfield, during his time in Parliament, my hon. Friend the Member for Leeds Central and Headingley, and organisations such as Unipol.

Having taken up the cause of a family in her constituency who were forced by a letting agent to continue to pay as guarantors for a property that had been rented by their son before he tragically took his own life, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) has been campaigning for many years to protect bereaved families by prohibiting the practice. I pay tribute to her for her tireless efforts to secure a change in this area. She was unable to persuade the previous Government to make the necessary changes to the Renters (Reform) Bill, but this Government are determined to act to end the abhorrent practice where guarantors are held liable for unpaid rent owed solely as a result of the death of a tenant who is a family member.

We have tabled new clause 15, which will limit the liability of a guarantor of a tenancy agreement for rent in circumstances where a tenant has died. I should make it clear that if in a joint tenancy the guarantor is not a family member, their liability for rent will be maintained. We consider that fair because we do not think it is reasonable to remove the guarantor’s liability and therefore expose a landlord to additional financial risk where the guarantor is not related to the deceased. Our new clause strikes the right balance: guarantors will be protected from being held liable for rent when they are grieving; landlords will be able to reclaim costs owed prior to a tenant’s death; and guarantor’s liability for other costs incurred under the tenancy will not be affected.

I turn to amendments 40 and 41, which will amend existing powers to charge fees for the private rented sector database. The amendments will expand the definition of relevant costs that can be considered when calculating such fees and would enable fee revenue to include PRS enforcement costs incurred by local housing authorities. Hon. Members should be assured that database fees will be calculated and agreed at a later date, with further details set out in secondary legislation and developed on the basis that fees must be reasonable and proportionate. The amendments do not alter that position. In setting the fees, a range of factors will be considered, including the costs incurred by landlords. However, we need to ensure that when calculating fees, we can take into account all relevant costs, and the amendments will ensure that that is the case.

Enabling fee revenue to include PRS enforcement costs is also important. For the reforms to have the impact we all want, effective enforcement will be crucial, and that point was debated at length in Committee. As we have touched on frequently throughout our consideration of the Bill, local housing authority capacity and resourcing is a real problem. The amendments provide an additional lever to help ensure that every local housing authority has the tools and resources it needs to carry out its enforcement role, so that good tenants and landlords benefit from a well-regulated and enforced PRS.

Amendments 35 to 39 will expand the scope of what can be covered by the compulsory fee that private landlords will be required to pay to fund the new PRS landlord ombudsman. They will ensure that the fee can cover the set-up costs of the ombudsman and activities specified in the regulations beyond those strictly necessary for mandatory aspects of landlord redress. That will allow the ombudsman to set up the core redress service and to provide additional member benefits, such as landlord-initiated mediation or voluntary member redress, without the costs having to be borne by the taxpayer.

I turn to amendments 42 to 52. Rent repayment orders are an important and effective tenant-led enforcement tool. They deter landlords from non-compliance and empower tenants to take action against unscrupulous landlords. The Bill will significantly strengthen rent repayment orders, including their extension to superior landlords in rent-to-rent arrangements. But we intend to go further and ensure that those sorts of arrangements cannot be used to evade responsibility and escape enforcement action. We are also making it clear that tenants and local authorities can seek a rent repayment order against any landlord in the chain, regardless of who they paid the rent to.

Amendments 24 and 26 will limit the circumstances in which landlords can use ground 7 to obtain possession from a person who has inherited a tenancy following the death of a tenant. They will provide greater security for bereaved tenants by preventing them from losing their home, and I acknowledge the role that Marie Curie has played in advocating for change in respect of the matter. Landlords will still be able to use ground 7 if the original tenant had inherited it by will or intestacy, or if the inheriting individual did not live in the property before the tenant passed away. Landlords will also be able to use ground 7 for specialist tenancies, such as supported and temporary accommodation. That is in recognition of the critical role such tenancies play in supplying housing to those with specialist needs.

Private registered providers are currently restricted from using the possession ground for redevelopment—ground 6—apart from where they have a superior landlord who wants to redevelop the property. Other possession grounds, such as the suitable alternative accommodation ground—ground 9—can be used to move tenants, but only if clear conditions are met. Although we expect PRPs to work closely with tenants to facilitate moves to enable redevelopment work, the Government accept that in limited cases it is increasingly hard to meet those conditions, preventing PRPs from progressing with crucial redevelopment work. I thank the National Housing Federation for raising concerns about that matter with me.

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[David Simmonds]

I promise the hon. Member that that is exactly what I am going to do. I am going to make an apology to all those in the private rented sector. [Interruption.] The Minister says from a sedentary position that I have only four hours. I am afraid that I will not be able to go through all the private tenants individually, but the apology will be fulsome. I say to those in the private rented sector, 82% of whom are very satisfied with their accommodation, that I am sorry that they will be faced with the mess that this Bill will create, whether they are seeking to rent their first home or need to move to a new one.

[Chris Vince]

Will the hon. Gentleman give way?

[David Simmonds]

I will not give way, because I am concluding. We on the Conservative Benches give those people the undertaking that while they may have to endure that situation until the next election, we will put it right, for the benefit of landlords and tenants alike.