Homelessness Reduction Bill (Sixth sitting)

David Mackintosh Excerpts

Committee Debate: 6th sitting: House of Commons
Wednesday 18th January 2017 Public Bill Committees

Question (11 January) again proposed, That the clause stand part of the Bill.

[David Mackintosh (Northampton South) (Con)]

During my time as a council leader, the Government introduced a number of measures aimed at combating rogue landlords. We have heard real horror stories of how some private landlords are behaving, so those measures were welcome and, in my view, long overdue. That minority of rogue landlords gave the whole industry cause for concern, but the changes mean that local authorities now have experience in and knowledge about dealing with them. Further changes introduced in the Housing and Planning Act 2016 will also help.

That experience will be really important in relation to the clause, because the new prevention and relief duties mean that we are helping to house more people in the private rented sector, and they may be vulnerable. Local authorities will already be checking the suitability of accommodation for those deemed to be in priority need under existing legislation. However, as more people are brought into that classification, it is right to ensure that additional protections apply to people deemed vulnerable, so that we can safeguard them against rogue landlords or unsuitable accommodation.

I am pleased that the provisions are clear about, for example, the need for the property to have fire safety precautions, a gas safety certificate, compliance with electrical safety regulations and precautions against carbon monoxide poisoning. Those are all things we would want in our own homes, and it is right that we seek the same protections for vulnerable people who are going through a difficult time in their lives. I welcome the inclusion of those protections.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to serve under your chairmanship, Mr Chope, for what we hope is the final day of consideration of the Bill in Committee. I, too, rise to support this important clause. My hon. Friend the Member for Northampton South picked up an aspect that I want to touch on briefly, which is carbon monoxide poisoning.

Many of us know either personally or from constituents what a deadly killer carbon monoxide can be. I know that my hon. Friend the Member for Enfield, Southgate and others are officers of the all-party parliamentary group on carbon monoxide, and there are a number of similar groups. This issue highlights the importance of ensuring that there are additional protections against rogue landlords.

It is right to say that the Government have already made large steps in that direction, but inserting this provision into article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 will strengthen those protections further. I welcome the other measures in the clause, but the carbon monoxide poisoning provision is particularly worth dwelling on.

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[David Mackintosh]

Does the Minister agree that some local authorities would be better at this than others, and that when the measure is introduced we must make sure all authorities are acting in the same way and that training or information is provided when necessary?

[Mr Jones]

My hon. Friend has had significant experience as a councillor and at one point was a council leader, so he is well placed to speak on this matter. He is absolutely right. We have had a number of discussions on the same theme and part of the Government’s work is to bring forward from our Department a team of advisers. Local authorities do not often go out of their way to get something wrong or deliberately not follow guidance, but there are occasions when it is helpful to have someone working alongside to go through the guidance and to help develop local policy. That is certainly what we intend to do with our advisers. It is about assisting local authorities to get this right and I am sure all local authorities want that.

There is an existing framework that offers local authorities strong powers to make landlords improve a property. The health and safety rating system is used to assess health and safety risk in residential properties. Local authorities can issue an improvement notice or a hazard awareness notice if they find a defect in a property. In extreme circumstances, a local authority may even decide to make repairs themselves or to prohibit the property from being rented out. In the worst case scenario of an unsafe gas appliance, no member of the Committee would want that property to be rented out.

The Government are determined to crack down on rogue and criminal landlords. I mentioned the Government’s significant progress. I will not go into more detail, but in addition to the civil penalties I was talking about, we have provided £12 million to a number of local authorities. A significant amount has gone to London authorities to help tackle acute and complex problems with rogue landlords. More than 70,000 properties have been inspected and more than 5,000 landlords are facing further enforcement action or prosecution. We have also introduced protection for tenants against retaliatory eviction when they have a legitimate complaint. All members of the Committee will agree with that.

I want to pick up a couple of other points made by my hon. Friend the Member for Enfield, Southgate. He mentioned vulnerability and complex needs, and I think his concern was about this group of people who are not necessarily caught by the definition of “vulnerable” or “priority need”. I am not unsympathetic to what he was saying and will consider it and the comments by the hon. Member for Westminster North. I also noted the challenge from my other hon. Friends.

My hon. Friend the Member for Enfield, Southgate made a good point about temporary accommodation. We are absolutely clear that wherever practicable, local authorities should place people in their own area. Obviously, there are situations where that is not practicable and we are clear that factors such as where people work, where their children go to school and so on are taken on board. Local authorities should—we fully expect this—take those factors on board in meeting their statutory responsibility.

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[Bob Blackman]

In planning how they implement the legislation, local authorities will need to consider how much it is going to cost them. I take your guidance, Mr Chope, that you do not want us to debate finance at this point, but in putting together those plans, local authorities will have concerns about the resources that they will need as well as the potential for large numbers of people, knowing that the Bill has become law, turning up at their local authority, which is when I suspect we will discover large numbers of hidden homeless people in this country—the sofa surfers that we spoke about in earlier debates.

[David Mackintosh]

Does my hon. Friend have any idea how and on what timeframe the cultural change took place in Wales? Could the Minister look at that? The Bill will affect a larger number of people, but we can learn lessons from what happened there.

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[Will Quince]

I used to be; I am not any more, I am glad to say. The addition of that word protects those with mental health issues or complex needs. We know that the vast majority of people who are at risk of homelessness or are homeless have very complex needs.

I very much welcome the safeguards in the Bill, including the concept of a warning letter that clearly and succinctly sets out what will happen if someone fails to co-operate and the clear steps that will be taken after that. On the whole discharging of the duty, I welcome the fact that those who are found to have deliberately or unreasonably failed to co-operate, even after the warning letter, will still receive, as a minimum, an offer of suitable accommodation, with an assured shorthold tenancy of six months. That adds the necessary protection and safeguard. and stops additional pressure being put on county councils.

[David Mackintosh]

I am pleased that the clause is included, because I strongly believe in the principle of personal responsibility. Of course, public bodies have a duty to help people, especially those who are vulnerable or traumatised. I am sure we have all seen cases of people in difficult circumstances who, inexplicably, do not co-operate with the local authority, even in challenging situations.

Local authorities may well worry about how this new legislation will affect them. That is why I welcome the proposals. Action plans can be agreed between the council and the person seeking help, with proper, agreed actions for both parties to undertake. The council, of course, has a responsibility to help, but this also allows people to help themselves; as my hon. Friend the Member for Colchester put it, it helps to empower people. They are an active participant in the process and take some responsibility for their destiny. This is about much more than finding a home and helping someone in the short term. This helps people to set off on their future path, and create their own future.

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[Michael Tomlinson]

I, too, rise to say that I am disappointed by the difficulty that this Committee has been put under in not being able to look at clause 7. I agree entirely with my hon. Friend the Member for Enfield, Southgate and with the hon. Member for Dulwich and West Norwood that this is one of the most crucial parts of the legislation, and that a delicate balancing act needs to be got right.

That said, I support the principle. I agree with my hon. Friend the Member for Harrow East, the Bill’s promoter, when he characterises this as tough love. My hon. Friend the Member for Northampton South mentioned personal responsibility, and the phrase “help to empower” was also used. I entirely agree with the principle behind the clause but am disappointed that we cannot thrash out more of the detail. I will certainly take up the invitation from my hon. Friend the Member for Harrow East to set out what I believe needs to be within the clause, although I support the thrust of it.

I had a meeting with a representative of East Dorset District Council—a local authority that you know well, Mr Chope, because East Dorset covers three constituencies: mine, yours and that of my hon. Friend the Member for North Dorset (Simon Hoare). The council is concerned not only about the potential burden on local authorities, but about the risk of this going wrong. The interplay between local authorities and housing associations was also raised.

Perhaps when the Minister gets to his feet in a few minutes, he will give me and those at East Dorset some reassurance on the clause as drafted, or as we hope it will be drafted in future, and on the interplay with housing association duties. Many of our local authorities own very little stock and rely on housing associations to perform many of their functions and duties. What is the interplay between that and the clause? Is there a risk that housing associations will fall short or have a lower standard than is the aim and intention behind the clause?

I have said before that we are looking at the most vulnerable. I agree that there should be a strict definition in clause 7. As drafted, the tough love aspect is whether an applicant has deliberately and unreasonably refused to co-operate. I agree with the hon. Member for Hammersmith that this is familiar territory for lawyers and courts. In my view, it is helpful to have as much detail in the Bill as possible. That is why I welcome proposed new section 193A(6), which states that the characteristics—correction, circumstances—and needs of the applicant should be taken into account. Perhaps the Minister and promoter of the Bill should consider characteristics.

My hon. Friend the Member for Enfield, Southgate gave a striking example of why it is necessary to take into account the circumstances and needs of the applicant. Knocking on the door might be sufficient for one applicant but not for another. Therefore, clause 7 needs that additional safeguard in its redrafted form.

The term “reasonable period” is also fertile territory for lawyers. My concern is that, if it is left in the Bill, lawyers will argue the toss that the local authority says, “Yes, it was a reasonable period,” while the applicant says, “No, it was not because more time was required.” I understand entirely the difficulty of putting that sort of detail in the Bill. An indication of the timeframe from the Minister when he is looking at redrafting may be helpful, although I do understand the risk of causing problems.

Finally, like my hon. Friend the Member for Colchester, I welcome the additional safeguard of a notice to inform and explain to the applicant. The Minister might pick up on one caveat. As drafted, subsection (8) provides for what would happen if a notice were not received. In an ideal world, we would need to ensure that notices are received. As we know, sometimes the serving of notices is not as straightforward in practice as it is to set out in a document. The Minister might consider and emphasise the need to ensure that notices are received.

[David Mackintosh]

Does my hon. Friend agree that it is important that there should be a written warning or notice rather than just a verbal statement? People could be confused and lose bits of paper, so it is important to have this written down.

[Michael Tomlinson]

I agree in part with my hon. Friend, but in fact it would be helpful to have both. Depending on the needs and circumstances of the individual, it could be helpful to have the notice read out. Of course, it should also have the fall-back authority of a piece of paper or document.

I would like the Minister to pick up the point in subsection (8) about the notice being

“made available at the authority’s office”.

Given we are considering the most vulnerable people, is that sufficient to draw attention to the fact that their rights are to be taken away under the homelessness provisions?