Houses in Multiple Occupation Debate
Full Debate: Read Full DebateDaniel Francis
Main Page: Daniel Francis (Labour - Bexleyheath and Crayford)Department Debates - View all Daniel Francis's debates with the Ministry of Housing, Communities and Local Government
(1 month ago)
Commons ChamberThe hon. Member pre-empts what I am going to talk about later in my speech. I am also going to explain what we actually did in South Shields: residents and I forced our council to do exactly what he suggests.
The character and history of our housing is being demolished before our eyes. Housing is being chopped up by greedy developers who want to make money off the back of vulnerable people. These are streets I have known my whole life, and it is heartbreaking that this has been allowed to happen. It is impacting the quality of people’s daily life, house prices and community cohesion. Residents and I are totally fed up of it. We spent years working together to try to get the council to stop new applications and increase inspections. Every single time, we were tied in knots when it came to the legislation, and were told, “Nothing can be done. It’s just the way it is.” Last year, on 3 November, I presented a parliamentary petition on behalf of the people of South Shields demanding action, and that the council use the powers that it had to stop the proliferation of HMOs. I also asked in that petition for the Government to strengthen legislation in relation to the monitoring of HMOs, so that the badly run ones could be closed down quicker. Two days later, the council decided to implement what we were asking for: a borough-wide article 4 direction. That meant that regardless of the size of a property, planning approval would be needed.
Daniel Francis (Bexleyheath and Crayford) (Lab)
I thank my hon. Friend for securing the debate. We have an article 4 direction in the London borough of Bexley—I am one of the borough’s MPs. However, under the Charities Act 2011, charities running temporary accommodation for people suffering from drug or alcohol abuse, or a mental disorder, and registered providers do not need that permission. In my caseload, I see landlords joining with charities to put people in that accommodation who are not in those categories. In that way, they circumvent the restrictions in place. Does she agree that we need to ask the Government to look at how, following an article 4 direction, some landlords use that restriction to further circumvent regulations?
I completely agree. In South Shields, developers are doing exactly the same; they are getting around the article 4 restriction. Some of them have started to create “Airbnbs”; they are HMOs, but developers refer to them as Airbnbs in law, and are getting away with it once again.
We had an article 4 direction in force in parts of my constituency, just as my hon. Friend does in his, but that was after we were already saturated with HMOs in other parts. Prior to the article 4 direction, a property housing up to five residents in most areas of the local authority did not need planning permission, but that does not necessarily mean that new applications will now go to a planning committee; a request has to be made for it to do so, via me, as the MP, or an elected councillor.
It should not have taken years of meetings, letters, parliamentary questions and a petition to get the council to act. It worries me how many other areas are not using the article 4 direction. Even when applications have been refused, developers are appealing them. It cannot be right that hundreds of residents’ voices are being ignored in favour of developers who do not live in our area. Much to my dismay, South Shields is actually advertised on developer websites as the place to go to set up an HMO. My message to those developers is that it is not the place to come to set up their HMOs. We will not be treated in that way, nor will we allow vulnerable people to be.
I have been made aware that there is a statutory instrument before this House that will mean that local councillors and MPs will no longer be able to call in planning applications for HMOs. That means that local people will literally have zero say in what happens in their neighbourhoods or streets—or to the house next door. Instead, officers in the local authority will make the decisions. That is outrageously undemocratic. I cannot believe that the Government think it is acceptable to discount the voices of entire communities in favour of developers who do not live in the area, and who then delegate important decisions to officers, who often do not live in the area either. It is a really crude way to address the housing crisis, and it will completely fracture communities. It also places council planning officers in a difficult position with the communities they serve.
As for those HMOs already in existence that are badly run, the licensing regime is supposed to ensure that certain standards are adhered to. However, since the inspection that goes with the licence can happen only every five years—at the renewal of that licence—the system is not very robust. We can all agree that if something is not inspected for five years, a lot can go on. Licences must meet mandatory conditions around fire safety, minimum room size and provision of amenities. Crucially, landlords are supposed to pass the fit and proper person test, a principle that is open to wide and broad interpretation. In South Shields, we have seen that test simply not work in practice.
One of our former guest houses was being used illegally as an HMO. Residents were quite clear with me, the police and anyone who would listen that it was being used for prostitution and drug drops. That was after the landlord had already received a significant fine for poor management of a previous HMO. Another HMO was opened by landlords who had previous convictions for letting properties with cannabis farms in them. It would appear that it is almost impossible to fail the fit and proper person test.
The Minister is knowledgeable, and is known for being thoroughly across his brief, but the Government’s response to my petition and questions has been a little lacklustre. They stated that
“Local authorities already have planning powers to limit the proliferation of small HMOs”,
and that the Government keep the powers to regulate them under constant review. Will the Minister explain to me when the Department last thoroughly reviewed this dire situation that is damaging our communities? Is he willing to conduct a full review, and to take steps to collate the relevant data that the Department was unable to provide me with? If we do not know the size of the problem, it is difficult to take steps to solve it.
Will the Minister ensure that licensing is strengthened, and that powers for revoking licences are much stronger? I also ask that he revokes the SI that is currently before this House. It will strip our constituents of their ability to exercise their democratic right to object to planning proposals that directly affect their neighbourhood. My constituents and their views matter.
We in South Shields love where we live. We get on well with most of our neighbours. We are proud of our history, our heritage and our buildings. The people of South Shields will always have me, their MP, by their side when they say, “We do not want any more HMOs in South Shields.” We want the existing HMOs that are causing problems to be closed down, through the introduction of robust and enforceable licensing requirements. After years of trying to get someone to act, we are pleading with the Government to take some action, once and for all.