Renters (Reform) Bill

Baroness Laing of Elderslie Excerpts

2nd reading
Monday 23rd October 2023 Commons Chamber

[Angela Rayner]

The Bill talks about the ombudsman. We need to make sure that landlords understand their obligations, and where they do not, we need to ensure that there is redress. As I mentioned earlier, that ombudsman must have real teeth, and I hope the Secretary of State understands that. While I respect the landlords who are in the Chamber and those who are listening to this debate—I know many of them do a good job and are trying their best—we have to have a minimum standard. We cannot have circumstances, as we have seen in Greater Manchester, where children are living in very poor conditions. It is really important that we have regulation and, where people are in accommodation that falls below those standards, we have redress.

After four years, the clock is ticking. There can be no more delay, but the Government’s track record does not instil much confidence. On the Tories’ watch, mortgage bills and rents are soaring, fewer people are able to buy their own home, and over 1 million people are stuck on social housing waiting lists. Those problems are only going to get worse because the Prime Minister could not stand up to his Back Benchers on house building targets. Now it appears that once again, he is caving in to them, rather than keeping his promises to the British people.

This Bill is an important step forward, supporting renters at the sharp edge of the cost of living crisis, so Labour will work constructively throughout its passage. We will not be the cause of delay—I hope the Secretary of State can say the same about his Back Benchers. If they cannot act in the national interest and support a renters’ reform Bill worthy of its name, let me make clear that our offer is to do so instead, because over the course of our proceedings today, 33 renters will have been put at risk of homelessness because they were issued with a section 21 notice and 11 will have got a visit from the bailiffs evicting them. Every single one of those people will be faced with anxiety about the future—anxiety about having to pay eye-watering moving costs and about whether they will be made completely homeless. They cannot afford to wait for the Prime Minister to find a backbone and stand up to his party. They cannot afford to wait for the Secretary of State to buy off his Back Benchers, and they cannot afford to wait yet more years for this Government to keep the promises they made to them.

We stand ready to work in the national interest, and will do so with anyone else who is prepared to join us. I urge the House not to waste this chance.

[Madam Deputy Speaker (Dame Eleanor Laing)]

It will be obvious to the House that a great many people want to catch my eye. We have a long time—we have three hours ahead—but I want to be fair in the way that that is divided up, so we will begin with a time limit of seven minutes.

[Mrs Natalie Elphicke (Dover) (Con)]

In 2014, fellow housing expert Calum Mercer and I published a then-seminal paper called “Nation Rent”. That paper challenged what was then the status quo, which was that generation rent affected only younger people and would be a passing phase. “Nation Rent” set out that it was a changing structural environment in the housing and financial markets that had occurred since 2003, which saw a rapid acceleration of the private rented sector—overtaking social rent—together with a fall in home ownership. That structural change started long before the credit crunch and financial crash, but accelerated after them.

A decade on, little has changed in structural terms, and it should concern Members of all parties that generation rent has now become nation rent. The percentage of people aged between 35 and 44 and between 45 and 54 who are renting privately has tripled over the past two decades, and has more than doubled for those aged between 55 and 64. Nation rent is now embedded, not just in the younger generation but through the generations. As I set out in my 2018 paper with the Housing and Finance Institute, “A Time for Good Homes”, that structural change towards private renting affected around 2.4 million homes, or around 6 million people.

The need for legislation reflects that long-term structural shift. The private rented sector is no longer a flex or transitory tenure: it is the main tenure for millions of people for much, if not all, of their lives. The current legislative framework—a short-term tenure for long-term living, one person’s pension pot but another person’s only home—is not fit for that purpose. That is why there is tension and strain, which is reflected in the design of the Bill and the comments that have been made about it. There is a need to find a new balance that reflects this new reality for millions of people in our country, acting in a way that is fair and responsible to those who are being housed as well as to those who house them.

It remains my view that although the principle of the Bill and its measures are very welcome, they do not go far enough in dealing with the fundamental challenges of an overweighted private sector. There needs to be a long-term plan for housing that rebalances the housing tenure mix—a plan to boost home ownership and expand affordable rented housing substantially; one that unblocks the financial and regulatory constraints on affordable home ownership and professional renting, and one that builds more homes. I continue to work cross-party and cross-industry, inside and outside of this place on those priorities, as I have done for many years and as is reflected in my entry in the Register of Members’ Financial Interests.

Given my long-term campaigning for housing, I was pleased to stand on a manifesto to build 1 million homes this Parliament, work towards 300,000 homes a year by the mid-2020s, and scrap section 21 evictions. We have done well on the first, the second is a work in progress and the third manifesto commitment is why we are here today. I know at first hand the personal commitment that the Secretary of State and the Housing Minister bring to this matter, and how hard their commitment to it is.

This is a vital piece of legislation, because it seeks to provide greater security and stability for renters. This matters—and it should matter to everyone on the Conservative Benches—because housing instability destroys wealth creation, damages life chances, restricts educational prospects and harms health. I see this in my constituency inbox, as I am sure do all Members. In my MP surgery, I had a mother who had spent hundreds of pounds of her own money over many years building a comfortable home for her and her disabled daughter, only for them to be turfed out by their landlord with nowhere to go. Recently, I had to discuss with Ukrainian refugees how someone had complained to their landlord about the heating not working, only for them to find themselves served with a section 21 eviction notice. How do you begin to explain that that is just how things work in our country? They should not work like that; this needs to change.

That is why this reform is so important, but we cannot allow any delay, and that includes the proposed delay because, supposedly, repossession is taking too long. That is nonsense. There is already clear court guidance to deal with repossession claims in a timely manner, as set out in civil procedure rule 55.5, which states that the hearing must take place between four and eight weeks from the claim. Although there have been some spikes in court hearings over the covid pandemic, the timeliness of possession claims has remarkably improved. The latest available figures from the Ministry of Justice show that the average time between claims and orders is now back to under eight weeks. The average time between claims and warrants is the same as it was in December 2019, when the Conservative commitment was made to the nation. The repossession figures have collapsed from the post-covid high of 69 weeks, and are back on track to pre-covid levels. For landlords, every single median metric—be that for orders, warrants or possessions—has dramatically improved on the latest Government data.

Therefore, this landmark section 21 reform should not be delayed on the basis that court improvements are required. That was a concern of our Select Committee, and I think it has now been met in part by the improved data. Any change to the Bill that delays the implementation of these vital reforms cannot be supported. This issue affects millions of people in our country. That is why renters reform—specifically the abolition of section 21—was in the 2019 manifesto, on which all of us on the Conservative Benches stood. It was a manifesto that put the Conservatives on the side of the people, and a manifesto that secured such a huge majority. It would be a grave mistake not to honour that commitment, or to stifle it by delay.

To conclude, the Renters (Reform) Bill will provide security and stability to millions of renters across the country. It should be passed by Parliament without any further delay, but we must also do more to continue to unlock home ownership and other housing to deliver the homes and the housing stability that our nation needs.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Levelling Up, Housing and Communities Committee.

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[Ben Everitt (Milton Keynes North) (Con)]

This is without doubt a significant Bill, which shows that the Conservative Government are serious about delivering our manifesto commitments and delivering for the British people. In my constituency, tackling homelessness and rough sleeping is a key priority. To make in-roads, we must reform the private rental market. Many of my constituents and people across the country are trapped in high rental spirals, with little or no other viable options available to them. On that basis, the Bill’s proposal to enable tenants to appeal excessive market rents designed to force out tenants could be an important step, but we need to ensure we see more detail on how that would work in practice.

On top of that, and more broadly, we must go back to these proposals and make sure that they do not let up on the delivery of more affordable housing and social housing. The Housing Minister, my hon. Friend the Member for Redditch (Rachel Maclean) has heard me say that time and again. I believe there is a consensus across the House on that point. As the Bill progresses, I will be keeping a strong look-out for the appropriate protections for renters, but we cannot forget that without landlords, we would not have a rental market at all. That is why we need to strike the right balance between assurances for landlords and protections for renters. The tendency to vilify landlords is not just unhelpful to our public discourse; it is unhelpful to how we are developing legislation. We must make sure that we look after landlords in this process; they form a critical part of the housing ecosystem, and scaring them off would set us back even further, so we must tread carefully.

Through my role as chairman of the all-party parliamentary group for housing market and housing delivery, and from meeting landlords and tenants in my constituency, I have engaged with a huge range of stakeholders, including professional landlords such as Grainger and charities such as Shelter. Through those discussions, I am aware of the sticking points that we need to resolve as we progress this Bill through its remaining stages.

To get into just one of the details—I know we are pushed for time—Grainger and others in the industry favour the idea of introducing the ability for landlords to request a six-month minimum tenancy length. Once that period is over, renters could issue a two-month notice. Responsible landlords such as Grainger—and many others; in fact, the vast majority of them—want to build communities and have lasting bonds with the people they house, which is an often forgotten point in these debates. Conversely, charities that I have been talking to that fight for the side of tenants and renters, such as Shelter, want to see a longer protected period for tenants, with a focus on open-ended tendencies. They want to see the protected period lengthened from six months to two years to give renters more certainty and security. In the light of proposals to introduce comprehensive possession grounds for landlords, we need to be careful that we find a compromise between the two positions.

The reforms proposed in the Bill are promising, and I think we can all accept that they are a step in the right direction. However, there is more work to be done in finding the right balance between the needs of renters and landlords and successfully integrating the rental market with our levelling-up plans and the need to deliver more affordable housing across our country.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call Feryal Clark—not here. That is a shock.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Just for the sake of clarity, let me say that I am grateful to the hon. Member for North Norfolk (Duncan Baker). He took the correct allotted time. There seems to be a mistake with the clock, but the hon. Gentleman has done the honourable thing, and I thank him very much for that.

Renters (Reform) Bill

Baroness Laing of Elderslie Excerpts

Report stage
Wednesday 24th April 2024 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Before I call the next hon. Member speaks, I have now to announce the result of today’s deferred Division on the draft Economic Growth (Regulatory Functions) (Amendment) Order 2024. The Ayes were 395 and the Noes were 50, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

[Anthony Mangnall]

I rise to speak to the amendments that stand in my name, as well as on a number of Government amendments. I feel that I should start by thanking both the Minister and the shadow Minister for their conversations over the last five months on this topic.

I should be clear about my position in leading a number of amendments to the Bill. At no point have we ever sought to stop section 21 coming in, and I hope that I will be able to make that clear in the course of my remarks. What we have sought to do is to stop the ending of fixed-term tenancies—something I believe would have a dramatic impact on the supply of properties, including long-term rental properties. That, to me, is the concern. I believe that it will cause far greater upset in the short and long term in respect of whether people can have the houses that they need.

--- Later in debate ---

[Anthony Mangnall]

The Minister will find in this part of my speech we will be agreeing vehemently, although the latter part of my speech might not be so agreeable. I am grateful to him for his intervention; I always welcome the opportunity to work with him.

Likewise, in the case of rent arrears, it cannot be acceptable to have a system that allows rent arrears to continue to build for seven months. The amendment would make good on the Government’s commitment that the justice system is fully prepared for the impact of the end of section 21. Again, I am grateful that the Government have decided to accept the point in principle and introduce proposed Government new clause 30, which mirrors my amendment 9, which was supported by so many colleagues. I therefore withdraw amendment 9.

Proposed new clause 1, the repeal of requirement for selective licensing, under my name, would remove the ability of local housing authorities to designate areas as subject to selective licensing. The Bill provides the Secretary of State with the power to develop a new property portal that all landlords would have to join to demonstrate to prospective tenants that the properties they rent meet all required standards. It would be effectively a national licensing scheme. As selective licensing deals only with management quality and not property standards, the changes in the Bill are likely to do more than selective licensing to improve properties.

Since councils will be able to use the portal to access information on all private rented properties and landlords operating in their area, and in view of plans for a decent homes standard for the sector, local selective licensing schemes will be made redundant. In Wales, the introduction of landlord registration led to the end of almost all selective licensing, so it is unlikely that local authorities would pursue costly and complex schemes in future. I take on board the Minister’s comments in his opening remarks.

Selective licensing is an additional cost to landlords, in addition to the property portal and redress scheme. Landlords should not have to be regulated twice and pay twice for much the same thing. Proposed new clause 1 would scrap selective licensing schemes for private rented housing when the property portal goes live. Having both would not enhance protections for tenants, but merely be a duplication. Scrapping them would remove an unnecessary layer of bureaucracy and cost for landlords. I am grateful for the Minister’s opening remarks. I will take the Government at their word that the Dispatch Box commitment to conduct a review of selective licensing will take place at the earliest opportunity.

My new clause 3 would enable courts to consider hearsay evidence during the course of proceedings for possession on the grounds of antisocial behaviour. It is vital that, when section 21 ends, swift and effective action can be taken against tenants committing antisocial behaviour who cause misery for so many neighbours and fellow tenants. To support this, the Government have changed the wording of the discretionary ground to repossess a property due to tenant antisocial behaviour—ground 14. They clarify that any behaviour “capable” of causing “nuisance or annoyance” can lead to eviction. Previously, it was behaviour “likely” to cause a problem.

However, that is not the true problem. The current problem, which is not dealt with by the Bill, is that the main evidence of nuisance is provided by neighbours, as they are closest to the person involved. The changes to the definition of nuisance do not alter the fact that evidence of behaviour needs to be provided, and that will still come from neighbours. However, in so many instances, neighbours are reluctant to attend court and give evidence, in part because the slow speed of the court system means that they will be forced to live near the person that they have reported or helped to evict for several months afterwards.

A better solution would be to allow landlords to use evidence of problematic behaviour that is provided by neighbours complaining by text or email to the landlord or the letting agency. This evidence is not currently admissible, and the courts cannot give sufficient weight to it when deciding whether the tenant is committing antisocial behaviour. This amendment would allow for such evidence to be used by the courts.

In the negotiations and discussions that we had in the run-up to this debate, the Minister’s Department and his civil service team were extremely helpful in highlighting Civil Procedure Rule part 33.3 in relation to

“circumstances in which notice of intention to rely on hearsay evidence is not required.”

Again, the comments made by the Minister are welcome, although I hope his Department will follow this up with the Ministry of Justice. I therefore withdraw new clause 3.

Amendment 5 covers houses of multiple occupancy relating specifically to students. This would mean that the ground for possession for student properties could also be used for properties occupied by one or two students, which would not otherwise have been considered as HMOs.

Ending fixed-term tenancies will be problematic for the student housing market—it would be problematic for the whole Bill—which operates on a yearly cycle, from one academic year to another. Although the Government have recognised that by allowing fixed-term agreements to continue in purpose-built student accommodation, it will not apply, as I understand it, to traditional off-street private-rented housing, often rented to those in their second or third year of studies. This is a concern shared by many in the industry and, indeed, by the Levelling Up, Housing and Communities Committee, which has noted:

“Currently, the proposal is to include this part of the PRS in the tenancy reform, but we conclude that abolishing fixed-term contracts could make lettings to students considerably less attractive to private landlords, as the student market mirrors the academic year and benefits greatly from 12-month fixed tenancies.”

I hope that I have quoted the Select Committee report accurately.

A Government amendment to the Bill made at Committee stage established a new ground for possession—ground 4A—to protect the student housing market. This is to be welcomed. It will ensure that landlords can guarantee that most student properties will be available for each academic year, but it will not protect all student housing. The new ground will cover only houses of multiple occupation; it will not apply to those properties occupied by one or two students. This oversight would be rectified by my proposed amendment. Again, I thank the Government for recognising this and introducing their own amendments 226 and 228, which have addressed that problem.

As I come to my concluding remarks—at last—I wish to make some comment on amendment 10, which has not been selected.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I have been listening carefully to what the hon. Gentleman has been saying. He has a range of amendments and it is perfectly in order for him to speak to those, but it is not in order for him to speak to amendment 10, because it has not been selected. Not only has it not been selected for a Division, but it has not been selected for debate. There might be a general point to which he could make reference, but he may not speak to amendment 10.

[Anthony Mangnall]

I thank you, Madam Deputy Speaker, for being so generous in your explanation on that.

The problem that I see with this Bill is that, while the intent to remove section 21 is a good and necessary one—yes, it has taken time to get to this point—it is not one that those who have signed my amendment have ever objected to. The principle that explains why the amendments have been so widely supported is that there must be some leeway around ensuring that fixed-term tenancies can remain. Indeed, they still remain in certain instances within the student market.