Social Housing and Building Safety

Debate between Clive Betts and Robert Neill

Thursday 9th June 2022 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

It is a privilege to speak in this debate. I, too, pay tribute to the families and survivors of the Grenfell tragedy, and I think all of us who served in Government at any time before that tragedy would join both Front Benches in the apology that is offered to them; there was a systemic failure that let them and many others down.

As the shadow Secretary of State generously said, my right hon. Friend the Secretary of State has shown real energy in seeking to address these matters now, and I pay tribute to him for that. We have therefore seen marked progress, which I welcome, but I also want to put on record some areas in which I know the Minister currently on the Front Bench, my hon. Friend the Member for Walsall North (Eddie Hughes), will be keen to press for yet further progress.

The first of them relates to cladding. We have come a long way, and my constituents are very grateful for that. We have had campaigns, which I have raised in this House, for the residents of Northpoint in my constituency, and others are affected in other buildings, too: Iconia House and Azzura House in Homesdale Road; and William House and Henry House in Ringers Road. They happen all to be in the centre of Bromley, so this is not purely an inner-London issue; it affects town centres and suburban centres across the country. It is therefore all the more important that we get it right.

Eventually, after a very long campaign, the remediation work is starting at Northpoint, but it will take perhaps a year or so to complete. The landlord of the occupiers of Northpoint was a property company that was an offshoot of the Tchenguiz family trust, not an organisation noted for its generosity towards its tenants. It stood upon its legal rights and insisted upon the flat owners—the lease- holders—covering the costs, for example of a waking watch.

It is certainly to be welcomed that future costs of waking watches and remediation will be picked up, but these leaseholders are out of pocket to the tune of tens of thousands of pounds for the waking watch that they installed because the London Fire Brigade, in exercise of its duty, issued a notice saying that without it the property would not be habitable. They were caught between the devil and the deep blue sea: what else were they to do but acquire that waking watch? Otherwise their homes would have been unsafe, which would have been unfair on them. The mental and health pressures on some of these people was immense. Their landlord was remote and frankly not possible to go after. It was not signed up to the scheme that the Secretary of State has worked so hard on and responsible developers have joined. The occupiers of Northpoint therefore had to dip into their own pockets when most of them already had mortgages, especially as many of them were first-time buyers, and when the flats were unmortgageable—they could not increase the mortgage on them because nobody would lend on them—and until this work was done they were effectively uninsurable too.

So these people had been left in a hopeless situation, and while it is right that the Government seek to recover every penny they can from developers and builders who fail to come up to the standards, where there has ultimately been a failure of governance in the broadest sense over a period of many years it is legitimate for the state to stand behind those who have lost out. Where there is such a corporate failure, the state must pick up the ultimate responsibility. So I hope the Minister will look again at means of coming to the aid of such people for retrospective costs where it is clearly not realistic to pursue the builder or developer. There will be a number of such cases. In this instance the freehold had been sold on many times. There will also be cases where developers who may be at fault will no longer be in business; they may have wound up or amalgamated. In those circumstances, the moral and corporate responsibility must fall on the state.

There are also areas where there has been progress but there is more to do. Members have referred to building insurance. There has been a marked increase in premiums across the board. People have had major—threefold or fourfold—increases in their premiums. Again, these people are often in flats that are unmortgageable and unsellable, and now, on top of their service cost charges to pay for steps such as a waking watch, they are facing massive increases in their insurance premiums. The question has to be raised—many of my constituents have done so—whether the market is operating effectively. How genuinely competitive is the market in these areas? There is a real concern that at the very least there is an excessive risk-averseness now: having gone from having too lax an approach in the past perhaps, now the insurers’ approach is too risk-averse, resulting in unrealistically and unfairly high premiums for many flat owners. That, too, is an area where it is legitimate for the Government and regulators to step in.

[Mr Betts]

Will the hon. Gentleman give way?

[Sir Robert Neill]

Of course; I happily give way to the Chairman of the Levelling Up, Housing and Communities Committee.

[Mr Betts]

We raised the issue of insurers at the Select Committee. Premiums have gone up by ridiculous amounts, often for buildings that are now safer than before the premium increases. The Association of British Insurers could not tell us how much more the insurance companies have paid out in the last three or four years on high-rise blocks, so we have no idea how much has been paid out, but we do know there have been massive premiums increases. Does the hon. Gentleman agree that we should encourage Ministers to take further action with the ABI and others to start sorting out these unreasonable premiums increases?

[Sir Robert Neill]

The hon. Gentleman is right, and I hope Ministers will do that. Again, the Secretary of State—who I am delighted to see back in his place—and his colleagues have shown real energy on this, but we need to keep the pressure on; that is key.

I am grateful to Lord Greenhalgh, who has been in correspondence with me a good deal on these matters. He pointed out that back in January the Financial Conduct Authority and the Competition and Markets Authority had been called upon

“to conduct a review of the buildings insurance market for medium and high-rise blocks of flats to get to the bottom”

of this concern. That is good of course, and the wider issue was recognised by Lord Greenhalgh, who wrote:

“Where the risk has demonstrably decreased, so should the premium.”

But that is not happening at the moment. While we want that review to be thorough, it must also be implemented in a timely fashion. I was advised by Lord Greenhalgh that the Department expects the FCA and the CMA

“to provide advice and recommendations within the next six months.”

He wrote that in a letter sent last month. I hope we can keep the pressure on so that it happens well within six months, rather than at the far end of that period. The risk, of course, is that some of the stakeholders in the industry will not have the greatest of incentives to move swiftly on this matter, so the duty therefore falls on the Government to do that. I know the Secretary of State has been more than willing to flex muscle with the sector when necessary to get movement, and I hope he will do so on this. I also hope that the Minister will confirm in winding up the debate that once the advice and recommendations from the CMA and FCA have been received, there will be prompt and urgent action to implement them in whatever form is necessary to address this genuine problem.

There is a related matter on the operation of EWS1 forms. In my constituency there is a firm called the Frankham Group. Steve Frankham MBE, a constituent of mine, has done a great deal of work in this field and has been recognised for his service in the industry and charitable works around these matters. His firm is anxious to do the right thing but it, and many others in the sector who have contacted me, are concerned about the real difficulty they are finding, as responsible contractors employed by the registered social landlord sector or the private sector to carry out the EWS1 surveys, in getting both accreditation and professional indemnity insurance.

At the beginning of the year, the Royal Institution of Chartered Surveyors set up accreditation for technicians and surveyors who will be carrying out the scheme. Despite firms such as Frankham having participated in meetings and sent in assessment forms as required, nothing as yet has been forthcoming from RICS to set the scheme properly in place. At the same time, insurance premiums have increased exponentially, which is, in some cases, making large contracts less viable than would otherwise be the case.

The last thing we want is for rogue operators to come into the market and undercut the responsible contractors who carry out this essential work, so we need both a realistic and fair insurance market operating in the sphere and, in parallel, a proper accreditation scheme in place. Otherwise, the temptation for the cowboys to undercut responsible people will be the greater. We need urgent action on that. I will happily share with the Minister and the Secretary of State the correspondence that I have had from my constituents, with the technical detail that they set out on what they have been doing to try to get the scheme working. I had a look at an EWS1 form myself, and it is quite complicated. We could not expect a group of residents to deal with it—they need professional advice to do it properly—but we must ensure that the professionals are accredited and insured properly to be able to undertake the work. I hope that we can flag that up, because I am not sure that enough attention has been given to it.

The other matter that relates to specific building safety issues is the position of small landlords, who are sometimes referred to as portfolio landlords. I appreciate that there has been movement to improve the number of landlords included in the Government’s support schemes for remediation, but the current definition for those who can come into the scheme is those who have their own property but own only one other property, which they do not live in. Constituents have contacted me about that.

Let us say that a retired couple have bought four small flats, as many people may have done, all in their joint names. In retrospect, I suppose they could have put them in their sole names and had two each, but, perfectly straightforwardly, they chose to put them in joint names. Had they bought two larger flats, they might well have fallen within the scheme. As it is, because they happened to invest in that type of property, they fall outside the scheme’s scope. I wonder whether the Secretary of State could think again about the definition of a portfolio landlord. Most of us might think they are someone with 20, 30 or 40 flats for whom that is their principal business and think, “Well, they will have to take the commercial risk on that.” They are not the large-scale landlord chains that we see, either. They are generally small investors, often moving into semi-retirement, who are not in anything like the same position to bear the costs. The principle behind the scheme is admirable, and it would be a shame if the ship was spoiled for a ha’porth of tar, meaning that entirely straightforward people who were caught out are left bearing a cost when someone with a slightly different configuration of their retirement investment would be able to benefit.

Finally, I turn to a broad point that echoes one made by the hon. Member for Mitcham and Morden (Siobhain McDonagh). As well as dealing with the building safety situation, we need to look at the maintenance of much of our social housing estate. Constituents have been in touch with me repeatedly about the difficulty they have in particular with some of the large RSLs. They have also been in touch with the Secretary of State’s Department in relation to the largest RSL in my area, Clarion. I deal with Clarion, and I see that the shadow Minister, the hon. Member for Greenwich and Woolwich (Matthew Pennycook), has come across it as well. We have also recently seen it in the press. It is one of the largest social landlords in the country, but, I am sorry to say that, despite sometimes having had constructive dealings with it, many of my constituents who are its tenants do not find it constructive to deal with. There is a continual issue of poor maintenance, with contractors who simply do not do the job properly and have to revisit time and again. In one estate in Mottingham in my constituency, we have had problems getting things done, which have been running for about four years—they are only partially done, then revisited and more is done. Clarion is quick to send removal notices for pot plants and garden sheds that may have been put in place without permission. It is sharp in doing that. It is also quite quick to serve statutory notices for the costs of significant capital works such as renewing roofs and other matters, but I am sorry to say that it is remarkably slow to sort out basic repairs, never mind some of the more serious issues such as when damp gets in.

That makes me wonder whether some of our RSLs have not in fact become too big to be accountable. The stock in Bromley was originally transferred by Bromley Council to an RSL called Broomleigh. Actually, it was one of the first RSLs, and that was one of the first stock transfers to take place. The whole point of Broomleigh was that it was locally based, with local directors and local offices. What we have seen over a period of time is a series of RSL mergers, so they have become much larger.

HOUSING, COMMUNITIES AND LOCAL GOVERNMENT COMMITTEE

Debate between Clive Betts and Robert Neill

Thursday 17th June 2021 Commons Chamber

[Mr Betts]

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

[Mr Betts]

Future of the Planning System in England

Debate between Clive Betts and Robert Neill

Thursday 17th June 2021 Commons Chamber

[Mr Betts]

I hear the problem. It was not one that the Committee specifically considered in our report, but the hon. Gentleman is absolutely right that this is something that the Government could take into account in their legislative proposals.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

I refer to my entry in the Register of Members’ Financial Interests. I, too, congratulate the Chair of the Select Committee and his colleagues on an excellent report. I particularly welcome the emphasis that has been put today on the need for continuing involvement for elected representatives of local communities and the communities themselves, because, done properly, planning is not just about building, but about shaping communities and the infrastructure and other services that form part of them. Will he also help us on what might be done to increase the supply of qualified planners? Many local authorities struggle with their staffing levels. What more can we do to get good people into the system and keep them there?

[Mr Betts]

I completely agree with the hon. Gentleman: it is absolutely essential that we recognise the shortage of financial resources and the shortage of staff resources, particularly skilled expertise. In past years there has been an exodus of some of the younger, brighter people out of the planning system, often into private consultancies. The Government have promised that they are doing a strategic review of planning resources, including staffing expertise. The Minister said to us yesterday that that was something he was looking to give further information on, I think when the Government respond to the consultation on their proposals. We very much want to see that, because unless we get that right, there is not a chance of bringing any reforms into play and getting the system to work as it should.