Renters' Rights Bill (First sitting)

Claire Hazelgrove Excerpts

Committee stage
Tuesday 22nd October 2024 Public Bill Committees

[Rachel Blake (Cities of London and Westminster) (Lab/Co-op)]

I am a vice-president of the Local Government Association and my husband works for an organisation that has funded the Renters’ Reform Coalition.

[Claire Hazelgrove (Filton and Bradley Stoke) (Lab)]

I used to work at Shelter, which is giving evidence today.

[Lola McEvoy (Darlington) (Lab)]

My husband works for Shelter, which is giving evidence today.

--- Later in debate ---

[Sam Carling (North West Cambridgeshire) (Lab)]

Q I have a couple of things to ask. First, I would like to hear your views on the arguments that the first panel of witnesses made that assured shorthold tenancy abolitions would remove some security from tenants, particularly students but also people who have longer tenancies.

On your point about the idea of limiting rent increases to wage growth or inflation, how would you respond to the counter-argument that it might lead to landlords setting a much higher baseline rent between tenancies, knowing that they would not necessarily be able to increase the rent as much within a tenancy?

Tom Darling: To take the first point about the lessening of security, similar reforms in Scotland led to an increase in average tenancy length. The idea that abolishing fixed-term tenancies will lead to Airbnb-lite, as we heard earlier, is ridiculous. Clearly, the people proposing that have not been through joining a tenancy recently, because it is an incredibly stressful experience. That is the last thing people would think of to do to go on holiday or to stay for only two months. There has been no evidence of that in Scotland, despite similar reforms in place there, so I would dismiss the idea.

The ability to leave the tenancy to be used in very rare circumstances—for example, where you realise there is some black mould that you did not see, which was being hidden from you when you viewed the property, or you have a serious change in personal circumstances—is an essential protection. It is to be used by tenants in very rare circumstances. Actually, the arguments about that are more about landlords: they would prefer to have the certainty of six months’ rent up front—I am sure they would. We think the Government have the balance right on that particular point at the moment.

Ben Twomey: To add to that quickly, the point made by the letting agents about someone on a two-year fixed-term contract who might find themselves at risk of a form of no-fault eviction by the end of one year is a valid concern. We would welcome support in calling for a longer protective period from no-fault evictions in that case. At the moment, one year is in the Bill, which we welcome as security for renters, but doubling that to two years would be very welcome to make sure that people on such contracts do not find themselves disadvantaged.

To address the point about rent-stabilisation measures, it is important that the vast benefit to potentially millions of private renters is weighed against any potential disadvantages. Millions of renters finding themselves better protected from arbitrary evictions through a rent hike, and from being driven into debt, poverty or homelessness, is an enormous success.

In Scotland, which introduced such measures recently, there has not been an enormous increase in market rents disproportionate to what has happened in England, Wales or indeed Northern Ireland. It was similar tracking of rent inflation with new tenancies. While doing that, we have protected all those people, yet what is happening in the market is similar. One of the ways to solve part of that market problem and to begin to drive down rents is, as has already been said, to build lots of homes at the same time. Some of the most successful rent-cap regimes across Europe are in places with lots of social housing, which takes some of the pressure off the private rented sector.

[Claire Hazelgrove]

Q Thank you both for joining us today. It is so important to hear renters’ voices here in Parliament as we discuss this crucial Bill. A simple question from me: do you believe that, as drafted, the Bill will improve the lives of, and make things fairer for, the millions of renters across our country?

Tom Darling: Simply put, yes. We will be pushing in a number of places where we think the Bill should go further and where we do not think the Government have quite got the balance right, but the groups in our coalition have been campaigning for this change since the promise was first made nearly six years ago. We think it will be an important change to our housing system.

Ben Twomey: Yes. Our homes are the foundations of our lives. The Bill will give us some much-needed security and should drive up standards and quality. As I say, we are worried about affordability within that, but the main reason why you as politicians have probably not heard from renters so much as is in the past year or two is that things have got so desperate. We are worried that if there are some improvements to renting, suddenly we will lose our ability to have spaces like this where we can begin to make change. If this is to be a once-in-a-generation opportunity to make that change, we think you should cover all bases and make sure that no one finds themselves homeless, in poverty or in debt because of the fact that they have been forced into private renting.

[Carla Denyer]

Q You will notice that I have a rent-affordability theme, but this is probably my last question on that theme. I am aware that the Renters’ Reform Coalition would like to see a national rental affordability commission that looks into options for rent controls. If we reflect on what a previous panellist said about rent controls being not a single thing but an umbrella term for a wide spectrum of possible interventions, Tom, or Ben if you have anything to add, would you like to expand on how a national rental affordability commission might work to figure out what the best solutions would be?

Tom Darling: I think Ben touched on it. The literature shows that different types of rent control have worked best in combination with a bunch of other policy levers, and particularly the supply of social housing. If the Government are continuing to set out that affordability is not the thing they are going to deal with in this Bill, we think it would be sensible to have a national rental affordability commission that could look at all these issues in the round—including all the different policy levers such as local housing allowance, housing benefit, the supply of social housing and different forms of rent controls—to bring down rents relative to wages and make renting more affordable. That feels like a pipe dream at the moment, but it should not be. That should be our aim. If the Government are not going to take forward affordability in this Bill, that sort of commission might be a place where they could look at all the different policy levers which, it should be said, cut across different Departments, and it might be a way to take that forward.

Ben Twomey: On that point, the idea of rent regulation being a scary thing is not new, and it is something that is hammed up by the landlord groups. They obviously want to make as much as profit as they can, but they do not have a right to make profit; they have a right to seek it. In this market, it is so broken because, unlike lots of other types of markets, the landlords can just click their fingers and say, “I’m short £100 this month. I’ll get it off my tenant.” A tenant will usually be forced to pay or have no other options unless they want to leave the home or even become homeless.

It is a very broken market. We used to have regulation in many ways in the country more than 30 years ago. Things have not got better since then, so the trial we have had of not using these measures has not really worked for people. These are all things that a commission could look at, or on which the Bill could take some quite straightforward measures. Similar to the energy price cap, with which we recognise that energy is essential for our homes, our homes are also essential for our homes. We should probably think about some common-sense solutions to that.

--- Later in debate ---

[Harpreet Uppal (Huddersfield) (Lab)]

Q I have a really quick question. I just want to get more information on how you see your role in terms of how you interface with the public, as you will potentially be taking on this additional role for private rented sector tenants. What more do we need to do to make sure that tenants are very clear about their rights and how they can access your service?

Richard Blakeway: That is a really important question. It is one thing having an ombudsman service; it is another people being aware of it and being able to access it. We have certainly been on a journey within our current jurisdiction to think about how we interface with the public and become more accessible to them, and we have obviously seen the benefits of that.

A number of initiatives have been required to bring about a change, but the Department has done a number of surveys of social tenants to understand awareness levels. Awareness is now at around 70% among social tenants, according to two surveys that were done in the last three years, compared with probably sub-50% previously. There is a playbook there, if you like, for how you create awareness of access to an ombudsman. We have sought to use our existing service and be very open and visible. For example, in the 2023-24 financial year, about 6,000 residents engaged in open forums that we hosted around the country where they could come along and ask any questions. That is really important.

I have two brief thoughts. First, the complaints process does not start with the ombudsman service; it starts with the landlord. A very important thing to do very early on is make sure that there is a robust framework to support landlords to handle and resolve complaints, but that includes signposting to an ombudsman service so that there is clear awareness at a local level. That work is really important to do in advance of any ombudsman service going live.

The second thing that I think is important is how you stitch the ombudsman service into other bodies and advice agencies—Shelter, Citizens Advice and so on—which, again, is something that we have at the moment. One of the benefits of having a single front door through the housing ombudsman for both social and private tenants is that you can effectively introduce no wrong door for people. Once a tenant reaches someone, to be told “Actually we can’t help you” and be sent somewhere else is probably the last thing they want, but that is what they hear currently. About one in five inquiries that we get from the public at the moment are from people who we cannot help because they are outside our jurisdiction. We could effectively provide a single front door and prevent that, building on the awareness activities that we have at the moment. Again, it is really important to introduce that early on. Were the housing ombudsman to be designated as the redress provider, that is something that I would want to be able to introduce through our existing inquiries service immediately, even in advance of us being able to handle cases, so that we could provide effective advice to residents so that they understand their rights and where to go.

[Claire Hazelgrove]

Q Thank you for joining us today. I am looking at your impressive background: you have clearly done a lot of great work on homelessness and in other areas, whether at City Hall addressing rough sleeping, or on the social impact bond on homelessness. With that lens in mind, do you feel that the Bill will deliver on the Government’s aims to give renters greater security and stability and to reduce the risk of homelessness? Is there anything you want to add along those lines?

Richard Blakeway: First, thank you for recognising that previous work. There are specific things in the Bill that increase the protections for renters and the security of tenure for renters. Those are welcome and important and would prevent the risk of homelessness for some individuals. It also changes the relationship between the resident and the landlord, and addresses an imbalance of power that exists at the moment. In changing the relationship, the importance of redress is fundamental, to ensure that there is not a breakdown in that relationship and that a tenant does not end up living in conditions that are not acceptable. We must also recognise that the role of a redress provider is also to share the experience and the learning that we have through our casework to ensure that landlords can effectively fulfil their obligations and raise standards.

This Bill is not only about increasing security for individuals; it is about a wider shift and change in the role of the private rented sector in this country—a sector that is completely different from the one that was envisaged and started to emerge decades ago. It is different in scale, different in the types of properties, and different in the range of providers. So the real impact of this Bill over time will be a real shift in the landscape of the private rented sector and a raising of standards. It is important that landlords are part of that journey and can affect that in their own actions, and that an ombudsman service is there to help individuals exercise their rights, but also to provide the insight and intelligence to landlords to ensure that they prevent problems that need to go to an ombudsman from occurring.

[Carla Denyer]

Q I have three questions, but they are all yes/no, so you can be as brief as you like. First, do you agree with a previous panellist that the landlord licensing rules need to be loosened so that councils can have more discretion and flexibility to apply, for example, landlord licensing across their whole area rather than just bits of it? Secondly, do you think that the potential penalty of £7,000 that local authorities can apply is sufficient to act as a deterrent? Thirdly, do you think that the Bill goes far enough on housing quality, and especially energy efficiency, given that, as we have heard from previous panellists, homes in the UK are some of the worst in Europe on energy efficiency, and the private rented sector is the worst within that?

Richard Blakeway: On licensing, yes.

On the deterrent, yes and no. You have to recognise that the penalties have increased in this Bill, and that is important, but I emphasise my point about the scope and whether, for example, non-compliance with ombudsman decisions should be brought into the scope of that.

On energy efficiency, obviously there are significant measures in here, but it will be important to see what the decent homes standard—I think it is in clause 98—contains in order to judge what the standard of accommodation will look like in the future.

Renters' Rights Bill (Second sitting)

Claire Hazelgrove Excerpts

Committee stage
Tuesday 22nd October 2024 Public Bill Committees

[The Chair]

All right. In that case, I call Claire Hazelgrove.

[Claire Hazelgrove (Filton and Bradley Stoke) (Lab)]

Q Dr Dawson, I was thrilled to see that you are an external examiner for the University of the West of England, particularly focusing on environmental health. That university sits in my constituency, so thank you for the work you do to support students in our community.

You both have a wealth of experience and expertise; thank you for what you have shared already. I want to follow on from the last question and open the floor a bit more to see whether you had any additional thoughts about the Bill’s strengths or any areas where you feel it could be further strengthened—points that our questions so far have not let you speak to.

Dr Henry Dawson: Councillor Hug, would you like to go first?

Cllr Adam Hug: I think we have identified the key thing for us. Dr Dawson explained some of the challenges around funding stability, and we think that on many different levels it would be extremely helpful if the Bill made it easier to apply selective licensing schemes. Making it easier to use that existing tool would help to provide stability, but ultimately we are just very keen for this legislation to be passed through Parliament so that tenants get the extra protection and councils have certainty about what will be expected of them. We want to ensure that we are properly funded to help us to deliver this important task, but we are keen to get it right.

[The Chair]

That brings us perfectly to our finishing time. May I thank both witnesses for their evidence? We will move on to the next panel.

Examination of Witness

Anny Cullum gave evidence.

--- Later in debate ---

[Mr Amos]

I am putting to you that the MOD could have its own decent homes standards.

Matthew Pennycook: The MOD is taking forward standards for its accommodation, and it will do that as the Department responsible for that accommodation. It sits outside this legislation, and we had the same debate on the previous Bill. It is an important issue, but it sits outside the scope of this legislation.

[Claire Hazelgrove]

Q Is my hon. Friend certain that the Bill, as drafted, provides enough protections against huge advance rent requests?

Matthew Pennycook: It is a very good question, and we have touched on this issue, as well as guarantors. I am happy to give the Committee a sense of my thinking, because I have reflected further on the matter in the light of concerns that have been put to us by not only external stakeholders but several hon. Members in the Second Reading debate on 9 October.

As I made clear in that debate, the Government have long recognised that demands for extortionate rent in advance place a considerable financial strain on tenants and can exclude certain groups from renting altogether. We are very clear that the practice of landlords demanding large amounts of rent in advance must be prohibited. Although it might be argued that the interaction of the new rent periods in clause 1, which are a month or 28 days, and the existing provisions of the Tenant Fees Act 2019, relating to prohibited payments, provide a measure of protection against requests for large amounts of advance rent, I am increasingly of the view, speaking candidly, that there is a strong case for putting this matter beyond doubt. I am giving careful consideration as to how best that might be achieved in the course of the Bill’s passage.

[Carla Denyer]

Q One of the topics that has come up several times today is whether grounds for possession should all be discretionary, or whether some should be mandatory and some discretionary. I understand that, when the previous Renters (Reform) Bill was going through, you were in favour of them all being discretionary.

Matthew Pennycook: That is not correct.

Renters' Rights Bill (Eighth sitting)

Claire Hazelgrove Excerpts

Committee stage
Tuesday 5th November 2024 Public Bill Committees

[The Chair]

Technically, the hon. Gentleman cannot withdraw the clause because it has not been moved, but his words are a matter of record.

New Clause 8

Guarantor to have no further liability following death of tenant

“(1) Subject to subsection (3), a guarantee agreement relating to a relevant tenancy ceases to have effect upon the death of a relevant tenant.

(2) Upon the death of a relevant tenant the guarantor in respect of a relevant tenancy shall incur no further liability in relation to matters arising under the tenancy.

(3) Nothing in this section shall affect the liability of a guarantor in relation to matters which arose before the date of the death of the relevant tenant.

(4) In assessing any liability under subsection (3), account shall be taken of any tenancy deposit paid in respect of the tenancy.

(5) Where there is more than one relevant tenant, this section shall apply only upon the death of both or all of the tenants.

(6) In this section—

a ‘guarantor’ is a person who enters into a guarantee agreement in relation to a relevant tenancy;

a ‘guarantee agreement’ is a contractual promise (whether incorporated in or separate from the tenancy agreement) to indemnify or compensate a relevant person in respect of an obligation under the tenancy if the tenant fails to perform or comply with the obligation;

a ‘relevant tenancy’ has the same meaning as in section 36, and ‘relevant tenant’ is to be interpreted accordingly; and

‘tenancy deposit’ has the same meaning as in section 212(8) of the Housing Act 2004.”—(Claire Hazelgrove.)

Brought up, and read the First time.

[Claire Hazelgrove (Filton and Bradley Stoke) (Lab)]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to consider new clause 14—Restrictions on the requirement for tenants to provide a guarantor—

“(1) A relevant person must not, in any of the circumstances set out in subsection (3), require a person, as a condition of the grant of a relevant tenancy, to provide a guarantor in relation to the observance or performance of the tenant’s obligations under the tenancy.

(2) For the purposes of this Act, requiring a person to provide a guarantor includes accepting an offer by that person to provide a guarantor.

(3) The circumstances are—

(a) that the person has paid a tenancy deposit or has been assisted under a deposit scheme;

(b) that the person is required to pay rent in advance equivalent to one month’s rent or more;

(c) that on a reasonable assessment of their means the person’s income (including state benefits received and any other lawful source of income) is sufficient to enable them to pay the full rent due under the tenancy;

(d) that arrangements will be made for housing benefit or the housing element of universal credit to be paid directly in respect of rent to the relevant person;

(e) that the relevant person has entered into a contract of insurance under which they are insured against non-payment of rent; or

(f) such other circumstances as may be prescribed in regulations made by the Secretary of State.

(4) In any other case where a relevant person lawfully requires a person, as a condition of the grant of a relevant tenancy, to provide a guarantor, the sum for which the guarantor may become liable under the relevant guarantee shall not exceed a sum equal to six months’ rent.

(5) In any case where a relevant person requires a tenant, as a condition of the grant of a relevant joint tenancy, to provide a guarantor, the sum claimed under the guarantee shall not exceed such proportion of the loss as is attributable to the act or default of the individual tenant on whose behalf the guarantee was given; and if such proportion cannot be proved, shall not exceed the sum obtained by dividing the total loss by the number of tenants.

(6) In this section—

‘guarantor’ is a person who enters into a guarantee in relation to a relevant tenancy;

‘guarantee’ is a contractual promise to be responsible for the performance of an obligation owed by the tenant to a relevant person under the tenancy if the tenant fails to perform the obligation;

‘deposit scheme’ includes a scheme whereby a sum payable by way of depositor a bond or guarantee is provided by a local authority, registered charity or voluntary organisation for the purpose of providing security to a landlord for the performance of a tenant’s obligations under a tenancy;

‘tenancy deposit’ has the same meaning as in section 212(8) of the Housing Act 2004.”

This new clause would restrict the circumstances in which a landlord can request a guarantor.

[Claire Hazelgrove]

I rise to speak in support of new clause 8, tabled by my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), who is not a Committee member. The new clause would provide protection for bereaved guarantors by prohibiting the application of a guarantor agreement in the event of the death of a tenant. My hon. Friend was motivated to table the new clause following the tragic case of her constituents who lost their son to suicide.

The young man was a first-year university student who had signed a private tenancy for his second-year accommodation. Very sadly, he died by suicide months before the new tenancy was due to start. His parents had signed a guarantor agreement that applied in the event of the tenant’s death, and while they were grieving the loss of their son, the letting agent pursued them for the rent on the property in which he would never live. That type of clause is not common to all guarantor agreements, and it is entirely unnecessary, because the loss of rental income due to the death of a tenant is an insurable risk for landlords.

New clause 8 would prevent guarantor agreements from applying in the event of the death of a tenant. It has been tightly drafted with the assistance of lawyers from Shelter. My hon. Friend is extremely grateful to the Minister for his positive engagement on the issue, both prior to the general election and subsequently. Although I do not seek to press the new clause to a vote, I hope the Minister will be able to give assurances either that the Government will accept the new clause or introduce an amendment to the Bill to the same effect.

I hope we can all agree that no one who is grieving the loss of a person for whom they have acted as a guarantor should be pursued for that person’s rent. That small change in the law would prevent the distress that was caused to my hon. Friend’s constituents from happening to anyone else.

[Carla Denyer]

I support new clause 8, and I would also like to speak in favour of new clause 14, tabled in the name of the hon. Member for Leeds Central and Headingley (Alex Sobel). New clause 14 seeks to address an injustice around guarantors for students. In this speech, I cite heavily evidence provided by the National Union of Students and individual student union officers in my home city of Bristol, all of whom are very concerned about this injustice.

The widespread landlord practice of demanding that tenants provide a guarantor is discriminatory, especially in this situation. Tenants are asked to put someone forward, normally a parent or relative, who owns a house in the UK and/or earns an income typically above the national average. The guarantor is asked to guarantee to pay the rent should the tenant default, and to pay for any damage to the property should the tenant be unable to do so.

Although for some, this is just an inconvenience, for tenants who are from deprived socioeconomic backgrounds, who are estranged from their families, who have a background in care or who are coming to the UK, such as international students from abroad, it can be a huge barrier to securing a home. The practice can push those unable to find a suitable guarantor into unsustainable debt, because they are forced to pay either months of rent up front or for costly guarantor schemes run by private companies. Others are forced into hostels or sofa surfing, and can even be made homeless.

The stats are stark: 13% of students experience homelessness during their studies, and that figure rises to 29% for international students. This issue has a detrimental impact on the lives of student renters and their ability to focus on their studies. It is imperative that we address the issue to ensure fair and equitable access to housing for all tenants, including students, allowing them to flourish in their education.

Landlords have several other means available to protect themselves against potential losses, including tenant referencing, rent guarantee insurance and deposit protection schemes, all of which make guarantor schemes unnecessary. I am not pushing for a vote today, but I ask the Minister to have a dialogue—if he is not doing so already—with the hon. Member for Leeds Central and Headingley, who tabled the new clause, and the NUS, with a view to including the changes in the next version of the Bill. Finally, I should mention that I have joined the all-party parliamentary group for students.

[Matthew Pennycook]

I thank my hon. Friend the Member for Filton and Bradley Stoke for speaking to the new clause tabled by my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), whom I commend for her work in this area, not just in this Parliament but in the previous one. She has been prodigious in pursuing this issue on behalf of her constituents, and I have reflected further on the points that she made on Second Reading.

The Government agree that it is unacceptable for bereaved guarantors to be held liable for unpaid rent where the only reason for it is the sad death of a tenant. Guarantor arrangements are not usually intended to protect landlords against the risk of financial loss caused by the death of their tenant; rather, they are used by landlords to reduce the financial risk of letting to a tenant who, for example, may have no previous residency in the UK and consequently no references from former landlords, or who might not successfully pass credit checks.

Although we understand that few landlords would use guarantor agreements to pursue debts that occur after a tenant’s death, we do know that sadly some do. This is an unacceptable practice that compounds the grief that families face after unexpected bereavements. I hope my hon. Friend the Member for Filton and Bradley Stoke will be reassured to hear that the Government have been considering this issue closely and in detail. We take it very seriously, and I am extremely sympathetic to the issues raised. I hope to be able to say more on Report about the matter and about the new clause tabled by my hon. Friend the Member for Dulwich and West Norwood.

I thank the hon. Member for Bristol Central for speaking to new clause 14, tabled in the name of my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel). I am grateful to my hon. Friend for his work on this issue, and for his engagement with me and on the Bill more generally. The Government understand that obtaining a guarantor may be difficult for some prospective tenants, and I absolutely sympathise with those who are in that situation. For some tenants, the requirement can, as the hon. Member for Bristol Central made clear, effectively block access to the private rented sector.

The Government are clear that landlords should consider a tenant’s individual circumstances when negotiating rental contracts. I have been concerned to hear anecdotally about some landlords insisting that all tenants provide a guarantor, regardless of individual circumstances. That said, and ever mindful of the unintended consequences of weighing in without thought, I am aware that the use of guarantors can give landlords confidence to provide tenancies to individuals who otherwise may struggle to gain accommodation. That might include those with a history of rent arrears or with no previous rental history, those who are moving out of home for the first time and foreign students. As such, I am concerned that the wording of the new clause may inadvertently make it harder for those tenants to find a place to live, despite the honourable intentions behind it.

I recognise the importance of getting the balance right between barriers and enablers to accessing the private rented sector. I will continue to engage with hon. Members more broadly and with wider stakeholders, but in particular with my hon. Friend the Member for Leeds Central and Headingley, who has diligently pursued the matter. For the reasons I have given, however, I respectfully ask my hon. Friend the Member for Filton and Bradley Stoke to withdraw the new clause.

[Claire Hazelgrove]

I beg to ask leave to withdraw the new clause.

Clause, by leave, withdrawn.

New Clause 10

Home Adaptations

“(1) The Housing Act 1988 is amended as follows.

(2) After section 16 insert—

‘16A Home adaptations

(1) It is an implied term of every assured tenancy to which this section applies that a landlord shall give permission for adaptations where a local council has carried out a Home Assessment and recommends adaptations which constitute reasonable adjustments under the Equality Act 2010. Tenants have the right to appeal a landlord’s refusal to adapt a property.

(2) This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.’” —(Carla Denyer.)

This new clause would ensure that landlords give permission for home adaptations where a Home Assessment has been carried out.

Brought up, and read the First time.