Renters’ Rights Bill

David Simmonds Excerpts

Tuesday 14th January 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

May I echo the Minister’s comments, and extend my thanks to him and his team, the other Members who served on the Committee, and the many witnesses who came in to share their views? It is clear that a lot of the discussion has been on the real-world impact that the legislation will have, rather than on political points, and in that spirit, I will set out my responses, and the rationale behind a number of the amendments that we have tabled, which will be the subject of debate and votes this afternoon.

Clearly, legislation is about striking the right balance. This afternoon, we will recognise—as we have done in our contributions to debate on this issue—the impact that the Bill will have on tenants, landlords and the stakeholders whom our amendments seek to protect. I highlight in particular the impact on students; on financially vulnerable tenants, such as those with low credit scores; on tenants who have pets; on small landlords, who are themselves vulnerable to financial shocks; and of course on other groups, such as agricultural workers and those with work-related accommodation, including NHS workers, military families and school staff, all of whom were mentioned in Committee and will, I am sure, be covered again later. All our amendments have sought to address practical issues, such as ensuring that when work is required on a property and a tenant is reluctant to allow the landlord in to carry out that work for whatever reason, there is sufficient freedom and flexibility in the legislation to ensure that the work can take place.

[Daisy Cooper (St Albans) (LD)]

The shadow Minister talks about situations in which tenants must leave a property. A constituent of mine had a terrible ordeal. She moved into a new rental property, but after three months it became uninhabitable, and she spent a further 11 weeks going in and out of eight Airbnbs. She was left thousands of pounds out of pocket because the landlord’s insurance covered his loss of rent but did not cover the accommodation costs that she incurred as a tenant. Will the shadow Minister support my new clause 22, which would require landlords to hold appropriate insurance for the purposes of paying any costs related to alternative accommodation in such situations?

[David Simmonds]

There are a number of ways to address that issue. The Minister has talked compensation, and we have tabled amendments on insurance, but clearly there needs to be an effective dispute resolution mechanism in place, so that such situations can be resolved when they arise. We were focused in particular on ensuring that there is sufficient flexibility when, for example, work must be carried out to improve energy efficiency or to address health and safety concerns such as mould, and a tenant needs to leave because the work will render the property uninhabitable.

Although there have been substantial areas of agreement on the Bill, much of which takes forward work that started under the previous Government in their Renters (Reform) Bill, we have concerns that it creates significant new problems for the availability and affordability of accommodation in the private rented sector. That sector, we must not forget, enjoys the highest tenant satisfaction of any private tenure: 82% of private renters say that they are satisfied with their accommodation.

The backdrop is challenging, and has become a lot more so recently. The Chancellor’s Budget has set inflation rising, and borrowing costs are soaring. Markets are responding to the chaos in No. 11, and that is causing a great deal of uncertainty for tenants and landlords alike. Her decisions are stoking inflation, and that is pushing up rent and housing costs of all kinds. The black hole in local government funding, which was unveiled just before Christmas, means that councils facing the twin existential threats of wholesale reorganisation and growing funding shortfalls lack certainty from the Government about the funding to deliver this enormous increase in workload.

[Florence Eshalomi]

I know that the shadow Minister cares passionately about this area, especially in the light of his local government experience. Given that financial pressures on local authorities are added to by the need to provide temporary accommodation to families facing eviction, does he agree that we should have abolished section 21 no-fault evictions sooner?

[David Simmonds]

I say gently to the hon. Lady that had Labour-run Lambeth council not recently rushed to put 200 of its own people on the streets using section 21, because it is concerned about the impact that the Bill will have on its housing situation, that would have more credibility. It is clear that this is a difficult situation in all parts of the country. There is a significant shortfall in emergency accommodation in London in particular, and a rising cost attached to it there, just as other areas of the country have a surplus of accommodation. That is all part of a complex picture. We need to make sure that everything works efficiently and effectively together, and it is absolutely right that we set out our concerns about whether the Bill goes far enough in all areas towards addressing those issues—and about whether, in some cases, it goes too far.

I touched on the impact of the black hole in local government funding. Another area that is driving significant pressure is the Government’s approach to asylum. They are granting refugee status faster, so people are being pushed out of the doors of Home Office asylum dispersal accommodation and on to local housing waiting lists. I am sure that many hon. Members in this Chamber will have been lobbied by their local authority about the impact of that additional pressure—those additional people, who under our laws are perfectly entitled to that housing—on supply in their area. All those things have a huge collective impact on the pool of available housing.

Of course, as we have seen in the news, the declining confidence abroad in our economy is reducing the number of overseas students. That makes it more important than ever to support thriving student accommodation through tenancies that address students’ needs properly—especially the needs of students who are older, have families, or are studying for higher degrees and have a fixed commitment to a location. All those requirements need to be addressed effectively in this legislation.

Does the Bill in its new form rise to those challenges? It is clear that it fails to ensure that landlords can recover their property quickly when they need to. That reduces their incentive to rent it out, especially for small landlords. If the hon. Member for Hampstead and Highgate (Tulip Siddiq) needs to recover some of her property portfolio to return it to another owner, will she have the assurance under this Bill that due process is available to her? The Bill fails to ensure a flexibility and freedom of contract that allows tenants and landlords to agree a deal that suits them both. Students wanting to book accommodation for a guaranteed period of two years—or shorter or longer—and those moving to a new location for a fixed-term work contract require opportunities and flexibility that are taken away by this legislation.

The Bill takes away landlords’ opportunity to make allowances for financially riskier tenants, such as those with a poor credit record, through rent in advance or other safeguarding arrangements that give the landlord confidence that they will not lose out. That locks financially vulnerable people out of the rental market. The Bill also puts enormous obligations on local councils—one of the biggest additional sets of burdens and expectations in generations—and there is no real clarity yet on how it will be resourced, at a time when all the wider uncertainties that I have described add up to a great deal of additional cost. The Bill also fails to provide the necessary assurance that tenants who have pets and need to access insurance as part of their tenancy conditions will be able to find affordable insurance. That is dealt with in our new clause 21. More concerning still, the Bill is a missed opportunity to provide this House with a proper impact assessment, or the assurance of a future review that would give us really good evidence on which to base our decisions. Our new clause 20 would address that shortcoming, and the House will have the opportunity to vote for it shortly.

Let me give an example of where there is significant uncertainty. In some of the political knockabout, the Government have sought to blame their predecessor for court delays, while claiming that there are no delays worthy of regard in the passage of this Bill, which loads more regulation on to the sector. Both of those things cannot be true simultaneously, so let us properly assess the impact of the Bill before we legislate. There is a lot of good will—for example, on the point about tenants with pets being able to access the accommodation that they need. We do not want to find ourselves returning to this issue in the House because the legislation failed to achieve what we had hoped.

Clearly, it is the role of this Chamber to scrutinise and question, and it is the role of the Opposition to oppose when we cannot see that the legislation before us will result in an improvement in the lot of the people of this country. A pattern is emerging. The Government came after the farmers. They came after the pubs. They came after the small businesses. They came after the private schools. They came after our local councillors. Now this Bill, in its new form, comes after our tenants and our landlords. It is very clear from the number of Government amendments, which the Minister referred to, that the points we made in Committee about the many shortcomings of the Bill that need to be addressed were not lost on the Government.

I return to the point that even a Labour council—a bastion such as Lambeth, led by the Labour chair of London Councils—is rushing to use section 21 to evict its own tenants in advance of this Bill because of the impact it will have. A Labour council and a Labour Government are putting their own people out of their homes.

--- Later in debate ---

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

Apologise!

[David Simmonds]

I promise the hon. Member that that is exactly what I am going to do. I am going to make an apology to all those in the private rented sector. [Interruption.] The Minister says from a sedentary position that I have only four hours. I am afraid that I will not be able to go through all the private tenants individually, but the apology will be fulsome. I say to those in the private rented sector, 82% of whom are very satisfied with their accommodation, that I am sorry that they will be faced with the mess that this Bill will create, whether they are seeking to rent their first home or need to move to a new one.

[Chris Vince]

Will the hon. Gentleman give way?

[David Simmonds]

I will not give way, because I am concluding. We on the Conservative Benches give those people the undertaking that while they may have to endure that situation until the next election, we will put it right, for the benefit of landlords and tenants alike.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.