Houses in Multiple Occupation
Debate between Gagan Mohindra and Matthew Pennycook(1 week, 5 days ago)
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The Minister for Housing and Planning (Matthew Pennycook)
I congratulate the hon. Member for Ashfield (Lee Anderson) on securing this important debate. I also thank those other hon. Members who have made contributions.
I appreciate fully the concerns that the hon. Member for Ashfield raises about houses in multiple occupation. HMOs can play an important role in the housing market, providing relatively low-cost accommodation for rent. However, it is right that local planning authorities can act, where appropriate, to minimise any negative impacts that such houses may have on local communities.
The hon. Gentleman made a number of points concerning the interaction between HMOs and the planning system. Larger HMOs always require an application to the local planning authority for planning permission. However, national permitted development rights allow for existing homes to change use to a small HMO for up to six people without the need for a planning application. Such smaller HMOs are also able to change back to a standard family home under similar rights.
We do recognise that the free operation of the national permitted development rights is not always suitable for all areas. That is why, where there is sufficient evidence of the need to protect local amenity or the wellbeing of an area, local planning authorities can remove permitted development rights in a specific area by means of introducing an article 4 direction, following consultation with the affected local community.
Mr Mohindra
I am well-versed with the Minister through our work on the Housing, Communities and Local Government Committee. Will he consider looking at reducing the threshold from six individuals to four? I am finding in Three Rivers that several of the homes are probably inappropriate for six distinct individuals but may be appropriate for four. Unless the evidence threshold is there for an article 4 direction, I have communities that will be impacted significantly, unless we are able to change something here.
Matthew Pennycook
I recognise the hon. Gentleman’s point. I will come on to say how we are keeping regulation under review, but I note the point he makes.
Once an article 4 direction is in place, any change of use to either a large or small HMO requires an application for planning permission. All such applications are considered by the relevant local planning authority, in line with the development plan for the area and in consultation with the local community. A clear and up-to-date local plan policy for HMOs can support assessment of future applications. I know the struggle of the hon. Member for South West Hertfordshire (Mr Mohindra) with his local authority to get an up-to-date local plan in place.
Whether any given local planning authority chooses to consult on introducing an article 4 direction to remove the national permitted development rights that I have referenced is ultimately a decision for it to take. It is not something that the Government seek to influence in any part of the country. We do not believe that the process is costly or burdensome, and approximately 75 councils have put in place article 4 directions for HMOs in parts of their authority area—although I note that Ashfield district council has no article 4 directions in place for small HMOs. The hon. Member for Ashfield may wish to take that up with his local authority.
In addition, the Government recently consulted on a new national planning policy framework. That consultation includes proposals relating to article 4 direction policy, proposing a more flexible approach so that local planning authorities can remove national permitted development rights where it is necessary to protect the amenity or wellbeing of an area—for instance, where there is an over-concentration of small HMOs. We are currently analysing the feedback received and will publish our response in due course.
Turning to HMO licensing, it is, of course, crucial that HMOs are safe and well managed. That is why all HMOs are subject to management regulations. Those regulations place duties on managers of HMOs—typically, the landlords—to take safety measures, supply and maintain gas and electricity, and maintain common parts, fixtures and fittings.
In addition, all local planning authorities must license HMOs with five or more people from two or more households who share facilities, such as a kitchen or bathroom. Local planning authorities also have the power to require HMOs to be licensed where three or more people from two or more households are sharing facilities. This means that most HMOs can be licensed where necessary.
Local planning authorities can also impose licence conditions to ensure that landlords effectively manage HMOs. For example, a local authority may require a landlord to put in place measures to prevent or reduce antisocial behaviour by occupants or visitors. Local planning authorities have robust powers to tackle landlords who breach HMO regulations, including the ability to issue civil penalties of up to £40,000 for offences committed from 1 May, rent repayment orders and, for the worst offenders, banning orders.
The Government want to ensure that councils have the capacity to take action where needed. That is why we have provided £18.2 million in 2025-26, and £41.1 million in 2026-27, to support the new enforcement responsibilities that local authorities are taking on under the Renters’ Rights Act 2025. We plan to establish a sustainable funding system for enforcement in the private rented sector over the long term, based on future database fee revenues.
It is obviously not the responsibility of my Department, but the hon. Member for Ashfield raised the issue of asylum accommodation, so let me briefly set out the Government’s position. Under the previous Conservative Government, asylum decision making ground to a halt and hotel use spiralled to around 400 sites, costing £9 million a day at its peak. This Labour Government are determined to end the use of hotels for asylum seekers as quickly as possible in this Parliament, but we intend to do so in an orderly fashion.
Oral Answers to Questions
Debate between Gagan Mohindra and Matthew Pennycook(2 months, 2 weeks ago)
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Matthew Pennycook
We need to build many more homes of all tenures, but it is absolutely right to stress the importance of delivering a significant uplift in the number of social and affordable homes. I am aware that discussions are ongoing about increasing the proportion of affordable housing within the York Central scheme. I encourage the developer to work with Homes England and relevant registered providers to maximise the potential for social and affordable housing in its first phase. I am more than happy to ensure that my hon. Friend gets an appointment at one of my forthcoming Tea Room surgeries.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
As the House will know, local plans are the method by which we can identify affordable homes and make sure that they are built in the right place at the right time. Since I was elected back in December 2019, I have consistently asked the Liberal Democrat Three Rivers district council to get on with the local plan. However, as the Housing Minister will know, the latest version of that plan did not have sufficient evidence. He has therefore rightly called it in. Does he agree that the Lib Dems need to get on with delivering the local plan and that they should not continue to fail my residents in South West Hertfordshire?
Matthew Pennycook
The hon. Gentleman will understand that I cannot discuss any specific local plan. However, in general terms I would say that any party that controls any local planning authority across the country must take active and firm steps to get up-to-date local plans in place. They are the best way for local communities to shape development. Without them, communities are open to speculative development that does not have resident input. That is why we are pushing for universal coverage across the country.
Commonhold and Leasehold Reform
Debate between Gagan Mohindra and Matthew Pennycook(3 months, 1 week ago)
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Matthew Pennycook
We did see a considerable amount of deregulation under the coalition Government and their successors. I will give the previous Government credit, as I have done before, for bringing forward the 2024 Act; it does include some limited relief for leaseholders and some new rights and protections. However, we need to take it forward and finish the job, as I made clear in opposition that Labour would. As I said, we are consulting on changes to increase protections over service charges—incidentally, that same consultation included a number of proposals recommended by Lord Best in his 2019 report, “Regulation of Property Agents”, including the introduction of mandatory qualifications for managing agents. We are clear, though, that that consultation and the measures within it are not the final step in the regulation of managing agents, and we will continue to reflect on the various other recommendations made in Lord Best’s report.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
Unlike the Chair of our Select Committee, the hon. Member for Vauxhall and Camberwell Green (Florence Eshalomi), I have not read the full draft legislation published at 7 o’clock this morning. I can confirm that she did indeed feel a bit unloved whenever she saw the Minister running away from her. On the statement, I think the Minister referred, in a previous answer, to ground rents and the transition from £250 to a peppercorn being effective in 2028. At the point that it becomes effective, will he look to backdate it or will tenants have to continue to pay their bills up until the legislation becomes effective?
Matthew Pennycook
The House can, of course, help us to speed up the progress of the Bill; 2028 is only a rough estimate based on the time it will take for the Bill, once it has passed its draft phase and scrutiny from the Select Committee, to be introduced in its final form and to get through both Houses. We will then also have to switch on the necessary secondary legislation. Up until that point, people will continue to pay their existing ground rents, but, as I say, the cap will apply once we bring those measures into force. For lots and lots of leaseholders around the country—I am sure the hon. Gentleman has many in his constituency—who are paying onerous, high ground rent terms way above £250, that will be an immediate financial relief that will be hugely beneficial to them.
Oral Answers to Questions
Debate between Gagan Mohindra and Matthew Pennycook(9 months, 3 weeks ago)
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Mr Gagan Mohindra (South West Hertfordshire) (Con)
My constituent Ryan from Carpenders Park wrote me with concerns about the lack of community spaces, especially alongside the Government’s housing targets. Will the Minister reassure the House that the Government will ensure there are community spaces to support any new housing developments?
Matthew Pennycook
I say two things to the hon. Gentleman. He will forgive me if he knows this already, but we did strengthen the provision for infrastructure in our recent changes to the national planning policy framework. Beyond that, we want to strengthen the existing system for developer contributions—where infrastructure and affordable housing comes through planning agreements—so that local authorities can extract more public gain from that process.
Oral Answers to Questions
Debate between Gagan Mohindra and Matthew Pennycook(1 year, 2 months ago)
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Matthew Pennycook
We need to balance speed with care, because we will not make the mistake that the previous Government did and pass flawed legislation that requires us to fix it, therefore delaying reform for leaseholders. We will, as soon as possible, introduce the provisions of the Leasehold and Freehold Reform Act 2024, which will allow us, as I said, to bring in transparency around service charges to allow leaseholders to better challenge unreasonable increases, and we intend to strengthen the regulation of managing agents.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
On 8 February, the Court—a grade II listed landmark in Chorleywood in my constituency—burned down in mysterious circumstances. I met the three local councillors—Councillors Cooper, Hearn and Reed—on Friday to discuss the matter. I am not asking the Secretary of State to comment on this specific case, but will she confirm that where listed buildings are destroyed without permission, there should be a presumption that they are rebuilt brick by brick to how they were before the destruction?
Building Homes
Debate between Gagan Mohindra and Matthew Pennycook(1 year, 4 months ago)
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Mr Gagan Mohindra (South West Hertfordshire) (Con)
As the Minister will know, Three Rivers district council, which has been controlled by the Liberal Democrats for many years, does not have an up-to-date local plan, and there is already a presumption for development. What would the Minister say to councils that either choose not to have a local plan or are unable to meet the housing targets?
Matthew Pennycook
The hon. Gentleman’s point is well made. We are determined to drive up the coverage of up-to-date local plans. We want universal coverage: that is the way to secure sustainable development in which communities can have confidence because they have been able to shape it.
When areas refuse to engage, we will take appropriate action. Today we are setting a 12-week deadline for local authorities to give us a timetable detailing how they intend to put local plans in place, through various measures relating to the transitional arrangements, and how the new six-year housing land supply will bite. We think we can incentivise authorities to come forward and put those plans in place. Where they do not do so, however, we will not hesitate to use the full range of ministerial intervention powers at our disposal. The last Government introduced deadlines and let them slip repeatedly, but we will not make the same mistakes. We will ensure that up-to-date local plans are put in place so that we end the speculative out-of-plan development that, as I said, communities across the country are rightly taking issue with.
Planning Committees: Reform
Debate between Gagan Mohindra and Matthew Pennycook(1 year, 5 months ago)
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Matthew Pennycook
I thank my hon. Friend for that question, and I absolutely agree with him. We have a local-plan-led planning system, in which fewer than a third of areas have an up-to-date local plan, and that is unsustainable. We are absolutely determined to drive towards universal local plan coverage. The measures on which we are consulting—and I emphasise that this is a working paper; we are seeking views, and hon. Members are more than welcome to submit theirs as we refine our proposals—will reinforce and support the plan-led system by ensuring that officer and member time is focused on the applications where that is most needed. Communities can have confidence that once they have an up-to-date local plan, it can be decided what to build, and where, in accordance with the wishes of local communities and the wider national planning policy framework.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
As the Housing and Planning Minister will be aware, both Dacorum borough council and Three Rivers district council in my constituency are Lib Dem-controlled; Three Rivers has been for over 20 years. Both councils do not have an up-to-date local plan. Can the Minister advise the House about what would happen if the Government imposed a local plan on an authority? Would those decisions be delegated to officers? If so, the process would have no democratic mandate at all.
Matthew Pennycook
We have not outlined any proposals in the working paper that relate to call-ins or the takeover of local plans from the centre. The hon. Gentleman is absolutely right, though, that Ministers already have powers to take over a local plan in extremis; they have not been used before. We are more than willing to use all the powers at our disposal to ensure that we have up-to-date local plan coverage. If there are local authorities out there—I say this very candidly and openly to the House—that resist the changes that we are trying to make and take no steps towards putting an up-to-date local plan in place, we will consider using all the powers at our disposal. It is through local plans that we will drive sustainable housing supply in the years to come.
Oral Answers to Questions
Debate between Gagan Mohindra and Matthew Pennycook(1 year, 5 months ago)
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Matthew Pennycook
I thank my hon. Friend for her question. The Government are determined to increase rates of house building in order to address the housing crisis and boost economic growth, but we are equally committed to improving the quality and sustainability of the homes and neighbourhoods that are built during our period in office. In the aforementioned NPPF consultation, we proposed a series of changes to realise that ambition, including golden rules to ensure that development in the green belt is in the public interest, and a vision-led approach to transport planning.
Mr Mohindra
The dangerous proposed reforms to the NPPF are among the many things that the Labour Government have rushed through in the past five months. How will those reforms ensure that villages such as Kings Langley, and South West Hertfordshire, retain their individual character and identity, and do not have their green spaces re-banded as grey belt, concreted over and absorbed into an ever-increasing Greater London?
Matthew Pennycook
We are not going to concrete over the green belt. The Government are committed to preserving the green belt, which has served England’s towns and cities well over many decades, but we have to move away from the previous Government’s approach to it, which was to allow land in it to regularly be released in a haphazard matter, often for speculative development that did not meet local housing need. This Government are committed to taking a smarter, more strategic approach to green-belt land designation and release, so that we can build more homes in the right places and secure additional public benefit through the operation of our golden rules.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
The Minister for Housing and Planning (Matthew Pennycook)
Perhaps the hon. Gentleman did not hear my previous response. The proposed new standard method, which we consulted on, significantly boosts expectations across our city regions. In mayoral combined authority areas, it would see targets grow by more than 30%, matching the ambition of our local leaders.
Oral Answers to Questions
Debate between Gagan Mohindra and Matthew Pennycook(1 year, 6 months ago)
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Matthew Pennycook
I thank the right hon. Gentleman for raising that point. He is absolutely right that the previous Government significantly expanded permitted development rights after 2013. We acknowledge the criticism of those expanded rights, particularly because of the low-quality development that they have brought forward. He raises a specific issue for leaseholders, but the problem goes wider than that. I am more than happy to give consideration to the point he raises.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
I welcome the Minister to his place. The Labour party has proposed several reforms to the private rental sector, including to the leasehold system, which will only punish landlords, more of whom will sell up. At a time when people are struggling to get on the property ladder, why are this Government determined to drive out landlords and reduce the supply of available rental properties for those who rely on them?
Matthew Pennycook
I thank the hon. Gentleman for that point, though it is not about leasehold but about the private rental sector. Our Renters’ Rights Bill, which is currently in Committee, poses no threat to good landlords. Indeed, it will improve the situation for good landlords by driving out unscrupulous and rogue landlords from the system. As part of that Bill, landlords have robust grounds to take back possession of their properties when it is appropriate to do so. What they cannot do is arbitrarily evict tenants through section 21. We will finally abolish section 21 no-fault evictions where the previous Government failed to do so.