Homes (Fitness for Habitation) Bill

Chuka Umunna Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

[Ms Buck]

I totally agree; overcrowding is a scandalous problem in our social housing, and it is often equated with some of the very poor standards people experience, with damp and condensation linked to overcrowding. These are tragic cases and we urgently need not only an expansion of social rented housing to enable people to escape these kinds of conditions, but the provisions in this Bill and other measures that the Government have introduced.

Landlords currently have no obligation to their tenants to put or keep a property in a condition fit for habitation. A requirement does exist to ensure the structure and facilities such as the heating, gas and water are in repair, but this does not cover issues such as fire safety, heating that is functioning but inadequate, or poor ventilation that can lead to the condensation and mould growth seen in the kind of cases I have outlined. A range of fitness issues seriously affect the wellbeing and safety of tenants and about which tenants can do nothing at all.

For private and housing association tenants, it is possible for the local authority to enforce fitness standards under the housing health and safety rating system, under the Housing Act 2004, but there is a huge degree of variability across councils in terms of inspection, the issuing of notices and enforcement rates. About 50% of councils have served none or only one Housing Act notice in the past year. One London council, Newham, which has an active enforcement policy, accounted for 50% of all notices served nationally and 70% of those served in London. A freedom of information inquiry by the Residential Landlords Association found an average of just 1.5 prosecutions per council, and my own freedom of information research found that enforcement action of any kind accounted for only 1% of the estimated number of category 1 hazards. That means there is a complete postcode lottery on the prospect of councils taking steps, with the real prospect being that the council will not do so.

For council tenants, the decent homes standard requires homes to be free from category 1 hazards, and considerable progress was made in improving the quality of housing stock, thanks to the decent homes initiative, but the 2004 Act and housing health and safety rating standards have little impact, as local councils cannot enforce against themselves. So council tenants have no way to enforce, or seek to have enforced, fitness standards, including fire safety, if their landlord does not do anything. The Bill enables all tenants, whether private or social, to take action on the same issues and standards as local authorities can.

[Chuka Umunna (Streatham) (Lab)]

May I shower a huge amount of congratulations on my hon. Friend, because this Bill will make an immediate difference in my constituency? For all the case examples she has described, we see exactly the same thing in my constituency. I am pleased the Government appear to be supporting the Bill. If this Bill passes, we need to make sure that tenants all know that they have this power she is proposing to give them and this ability to enforce their rights. Does she agree that it is important that if the Government are going to support this Bill, they make sure that everybody knows they will be empowered to do something beyond what the local authority can now do for them?

[Ms Buck]

I am very grateful to my hon. Friend for his intervention and for his congratulations. I totally agree that in addition to the legislation we pass in this House it is crucial that we use all the tools of government communications to get a message out that people have rights, that they need to be able to exercise them, and that they need to know how and where they can go in order to do so. I am sure that the Minister will support that point.

This Bill will enable all tenants, whether private or social, to take action on the same issues and standards as local authorities, following recommendations made by the Law Commission and the Court of Appeal dating back some two decades. This is therefore very much a legislative updating whose time has come. The effect of the Bill will be that the tenant will be able to take action against the landlord to make them put right any problems or hazards that make their dwelling unfit, and the tenant could seek compensation when the landlord has not done so.