Renters’ Rights Bill Debate
Full Debate: Read Full DebateGideon Amos
Main Page: Gideon Amos (Liberal Democrat - Taunton and Wellington)Department Debates - View all Gideon Amos's debates with the Ministry of Housing, Communities and Local Government
(2 days ago)
Commons ChamberI call the Liberal Democrat spokesperson.
I am grateful to the Minister for presenting the Government’s position on the Lords amendments, as indeed he presented their position on the 92 amendments we tabled in Committee. I only regret that, in doing so, he rejected all 92 of them. I was going to congratulate the Secretary of State on his new position, but he has escaped just in time. I will come to our amendments—the other place took a different view on some of them—but I will first declare my interest in a registered provider of social housing.
A generation have been cut off from the dream of home ownership. After half a century of flogging off council houses—over 4.5 million have been sold off since 1980 by successive Conservative Governments—there are now, in effect, none left for the thousands of families who now need them. That is why the Liberal Democrats have a vision to restore hope to millions who aspire to a decent home by building our target of 150,000 social and council rent homes per year, backed up with a commitment of an extra £6 billion on top of the affordable housing programme budget, funded by fairly reforming capital gains tax so that more people benefit from relief but those who make bigger gains pay more. Alongside that, the Liberal Democrats want a new generation of rent-to-own homes so that people can get on to the ownership ladder. It is the biggest and most ambitious programme since council housing was invented by Lloyd George and Addison back at the beginning of the 20th century.
We have also long campaigned for an end to no-fault evictions and for longer and more stable tenancies for tenants. The Government have put both those key measures in the Bill, and that is why we support it and want to see it enacted. Tenants have lived for far too long with insecurity and the fear that, if they speak up, they might lose their home.
Some of the Lords amendments before us would improve the Bill, while others would weaken it. Lords amendment 11 would require tenants to pay pet deposits, which would pile on new financial burdens, putting the right to own pets out of reach for those already struggling. It is not in the spirit of the Bill, so we cannot support it.
Similarly, Lords amendment 18 would cut the prohibition on re-letting unsold properties from 12 months to six. That might sound like a neat compromise, but in practice it would give cover to any rogue landlord looking for an excuse to evict. A six-month ban would be far too short to give tenants the protection from abuse that they deserve. Lords amendment 26 seeks to raise the bar for enforcement by moving the burden of proof from civil to criminal.
In Torbay, we have almost 50% more people who rent in the private sector than the national average. While the vast majority of landlords are good landlords, sadly there are some rotten apples out there. Pushing against Lords amendment 26 is essential, because we need to ensure that local authorities have the powers to hold these landlords to account. I hope my hon. Friend agrees.
I do agree with my hon. Friend, and I pay tribute to the sterling work he does in Torbay, and has done in the past as leader of the council, on these issues.
That change in the burden of proof may sound technical, but in fact it would gut the powers of local authorities to hold bad landlords to account, as my hon. Friend has just said. At a stroke, it would make justice for tenants far harder to achieve.
Lords amendment 53 points in the same wrong direction. It seeks to introduce fixed-term tenancies, but the whole point of the Bill is to shift to periodic tenancies—arrangements that give renters both flexibility and more security. Dragging us back to fixed terms, which would become standard across that particular element of student housing, would undermine those core principles.
On the other hand, there are amendments that make the Bill fairer and more workable, which we support. Lords amendment 19 recognises the reality faced by shared ownership leaseholders, who can be can be, and are, hit disproportionately hard when sales fall through, through no fault of their own. Without that exemption, they could face financial ruin. This is a simple matter of justice and we support it.
Lords amendment 64, which would create a new possession ground where a landlord needs to house a carer, is in keeping with the Liberal Democrats’ belief in the importance of supporting the millions of carers out there who are so often overlooked. It is right that the law should recognise the vital role they play, and if there are risks of abuse, it is open to the Government to table their own amendments to set out how they would make the same provision for accommodation needed by carers.
Lords amendment 39, which would legislate for a decent home standard for our military, goes to the heart of who we are as a society and our obligations to those who serve. I pushed for this amendment at earlier stages in the Commons, and indeed this has long been the Liberal Democrats’ position, having been raised by my hon. Friend the Member for North Shropshire (Helen Morgan) in the previous Parliament. It is therefore disappointing that, while the Government have come forward with their own amendments on other matters, they have not come up with any such amendments on decent homes for our military, although that has been agreed across the parties in the other place.
Does my hon. Friend agree that if the Ministry of Defence itself says that the MOD housing standard is already higher than the decent homes standard, the Government should do the decent thing and accept Lords amendment 39 and put it on the face of the Bill?
Indeed, our military deserve no less than this being on the face of the Bill, in whichever way the Government wish to do it. If it is so easy and, as my hon. Friend points out, it is the Government’s position, surely it can hold no fear for them.
It would be disappointing not to have those amendments. We are told that 90% of service accommodation meets the decent homes standard—my hon. Friend the Member for Epsom and Ewell (Helen Maguire) had clearly already read this part of my speech—but those figures come from contractors who are responsible for managing those properties and have an interest in saying that they already meet the standards. There is no independent assessment.
The Defence Committee painted a very different picture, when families reported to it. The Committee stated:
“It is disingenuous for DIO to present glossy brochures about being ‘decent homes plus’ when they are anything but. It is clear that the DIO’s property frequently does not meet the standards.”
Crucially, it added:
“Moreover, there is no local authority”—
or anyone else—
“to hold them to account as would be the case for private and other local landlords.”
We are also told that it would be impractical to extend the decent homes standard to military housing because of access “behind the wire”, yet former Chief of the Defence Staff, Lord Stirrup, reminded colleagues in the other place that civilian officials already go into far more sensitive areas of military bases, so that is not a serious objection.
Do those on the Lib Dem Benches have any concerns about one of the issues that I raised: applying the decent homes standard to the defence estate in England when a different standard will apply to Scotland and Wales—to other parts of the United Kingdom? Fracturing the defence estate in that way is problematic.
Any opportunity to give our service people decent homes, beginning with England, should be taken. I am surprised that the Minister has not grasped it with both hands. The Minister and the Government are in the position, with a large majority, to legislate for this in whichever way they choose, but it needs to be on the face of the legislation. That is what our military deserve. Warm words about things improving are not enough; we have heard them before. My hon. Friend the Member for North Shropshire gained a categoric assurance from the last Government’s Housing Minister at the Dispatch Box that that Government would legislate. They did not.
The hon. Gentleman says nothing has changed, yet again, but does he not welcome—as I do, as a constituency MP with a significant amount of military housing around RAF Northolt—the significant £1 billion-plus investment into military housing and the insourcing back into public ownership of thousands of MOD homes, after the previous Government’s botched privatisation deal, which cost taxpayers huge amounts of public money?
I welcome the moves to which the hon. Gentleman refers, including the insourcing, but the responsibility for determining whether the homes meet the “decent homes plus” standard is down to contractors, who have a commercial interest in reporting that. The difference with the decent homes standard generally is that it is subject to independent inspection. That is a crucial difference. Surely there should be a robust and accountable regime set out in primary legislation to ensure that that investment continues and those standards are reached. That is the least that our service people should be able to expect.
As I was saying, my hon. Friend the Member for North Shropshire was given categoric assurances that the Government would legislate in this regard, but they did not and neither have this Government. Lord Stirrup, the former Chief of the Defence Staff, reminded the Lords, speaking from experience, that this is not a new problem but one that Governments had failed to tackle for decades. He said:
“For decades now, I have seen at close hand the deficiencies in service families’ accommodation…For years, I have listened to successive Governments undertake to get to grips with the issue. For decades, I have seen them fail to do so…So why should I, or anybody who comes after me, put any faith in any Government’s promises that are not backed up by enforceable measures?”—[Official Report, House of Lords, 15 July 2025; Vol. 847, c. 1759.]
That is the nub of the issue. Service families have heard promises for decades. Now, surely, is the time for action. Our military deserve the gold standard, and that means they deserve legislative provision for decent homes, however the Government wish to do it.
I urge the hon. Gentleman to engage with the clear concession I made from the Dispatch Box: the confirmation that the Ministry of Defence will lay before Parliament—and publish on gov.uk—an annual report on the standard of service family accommodation in the UK, giving transparency, accountability, and reassurance that the standards we all want to see improve and be met will be.
I welcome any report that will deal with this issue, but the fact is that unless the Government accept an amendment or table their own amendment to provide this protection for service families in primary legislation, our service people will be the only category of renters who are not guaranteed the decent homes standard in primary legislation. Private renters will be, social renters will be, but our military service families will not be. That cannot be right. The balance is wrong and the Government need to do more; they need to legislate.
The Government’s final objection is that they want to do it differently. So be it. I will wait with bated breath, as I am sure the whole House will, for the Government’s amendment giving servicemen and servicewomen the gold standard they deserve. Since the Government have tabled no amendment of their own, however, we shall continue to press ours, both here and in the other place. Our armed forces should not be the only group in Britain excluded from the right to a decent home in legislative terms. That is what Lords amendment 39 delivers, and it must stand part of the Bill.
This Bill is about a vision for better homes and for dignity, security and fairness for renters. That must include the families of our armed forces, such as those of the 40 Commando Royal Marines in Norton Fitzwarren and elsewhere in Taunton. I was proud to start a petition to save Norton Manor camp following its proposed closure by the previous Conservative Government. That commitment must sit alongside our national mission to build more social and council homes—150,000 per year—to restore hope for a whole generation. That is what Liberal Democrats are fighting for, and that is the change the country desperately needs.
With the leave of the House, I will close what has been a brief but good-natured and considered debate. I thank all right hon. and hon. Members who have spoken. In opening the debate, I set out in some detail the reasons the Government are resisting the bulk of the amendments made in the other place, but in the time remaining, I will further substantiate some of the Government’s arguments and respond to a number of the issues that have been raised in the debate.
Several hon. Members questioned the Government’s logic in resisting Lords amendment 75 related to ground 4A. They argued that it is too narrow. As I made clear, ground 4A exists precisely because we recognise the unique nature of the rental market. We think that the ground as it exists covers the majority of the market, but the truth is that no one-size-fits-all solution covers all circumstances. We have been clear: we do not want to deny to non-typical students the benefits of the new tenancy system under the Bill. Removing the restriction could lead to students who need more security of tenure, such as single parents living with children or postgraduate couples living together who have put down roots in an area being evicted more regularly. The possession ground as originally drafted strikes the right balance and we will resist the amendment on that basis.
Several hon. Members raised the issue of pet insurance and questioned why the Government have changed their position. Debate in the other place was extensive. Furthermore, alongside that, drawing on the expertise of peers such as the Earl of Kinnoull, Lord de Clifford and Lord Trees, the Government consulted the Association of British Insurers and the British Insurance Brokers’ Association. Following such engagement, we concluded that we are no longer confident—as we once were, and as the previous Government were—that the insurance and underwriting sector will have sufficient or suitable products available at the scale and speed required for either landlords or tenants to purchase.
We do not want to leave tenants in a position where they cannot comply with conditions set out as part of the pet consent granted by their landlord, as that would mean—as several hon. Members have made clear—that they simply would not be able to have a pet, which would defeat the object of having the pet provisions in the Bill. The Government’s position, I am pleased to say, is supported by Battersea Dogs and Cats Home and other organisations. I hope that hon. Members note that.
A report produced by the University of Huddersfield, which was commissioned by Battersea Dogs and Cats Home, found that 76% of landlords reported that they did not encounter any damage caused by dogs or cats in their rental properties. When damage was caused by pets, that was an average additional cost of £300 per property, compared with £775 for non-pet-related damage. The report also shows that renters with pets tend to stay longer in their properties than those without pets, indicating financial and social advantages for landlords in fostering longer and more stable tenancies.
In the rare cases where the insurance and deposit do not cover the cost of the damage caused by a pet, a landlord could take the tenant to a small claims court by bringing a money claim to recoup any outstanding funds. On that basis, and having reflected, we are satisfied that the existing requirement for five weeks’ deposit for typical tenancies is sufficient to cover the risk of increased damage by pet ownership. As I noted in my opening speech, however, the Government will continue to keep that under review. We already have powers available to allow for higher deposits for pets if needed.
The very topical and pertinent issue of shared owners affected by the building safety crisis was raised by a number of Members. The Government are absolutely clear: we recognise their plight. As I made clear, we have already taken a number of measures to better support shared owners in that position. We recognise more can be done outside this Bill. We are more than happy to continue conversations with peers, hon. Members and organisations such as the Shared Owners’ Network about what more we can do in this space on issues such as valuations, sub-letting requests and repurchases.
We remain of the view, however, that the amendment in question could undermine protections for that cohort of tenants who happen to rent a sub-let home from a shared owner. Carefully considering arguments made by the peers and their validity, we will have further conversations. I will carry on those conversations to ensure that we are satisfied whether a solution that does not undermine the core principles of the Bill would allow us to provide that greater support to shared owners.
Carers and the carers ground were raised by a number of hon. Members. We have all recognised the contribution that carers make, but we believe that not only is there not sufficient evidence that the scenario in question is extensive—that it is common—but that there are real risks of the ground being abused. The shadow Secretary of State, the right hon. Member for Braintree (Sir James Cleverly), mentioned the example of families across the country who own properties and who may wish to move a family member back in as a carer. I gently point out to the right hon. Gentleman that, if the carer is a family member as set out in ground 1, a landlord can already use that ground to gain possession, enabling them to accommodate a carer. We think that Lords amendment 64 is drawn too widely and is open to abuse. We will resist it on that basis.
Finally, I come to the last couple of issues that were raised. Several hon. Members made a powerful case for not accepting Lords amendments 26 and 27, related to the criminal standard of proof. We are absolutely clear that the civil—not criminal—standard of proof is the appropriate one. The standard of proof is lower for the breaches in question—breaches of the rental discrimination and rental bidding clauses in the Bill—precisely because they are purely civil, rather than criminal matters. Raising that standard of proof to align with other criminal offences would logically result in repeated instances of those breaches on rental discrimination and rental bidding, attracting the higher fine of £40,000, rather than £7,000. I do not understand the logic of the Opposition’s position, but we very much think that those breaches should remain subject to the civil standard of proof, with the penalty of £7,000 and without the impact on local authorities across the country.
I will briefly address the arguments made by Liberal Democrat Members about service family accommodation. We have had extensive debates about the subject and I know that they are coming from an honourable place when they make those arguments, but I gently point out that the Ministry of Defence has made it clear that in its view, subjecting secure defence sites to local authority inspections, as proposed in the amendment tabled by Baroness Grender, is unworkable because of access and security arrangements. As several hon. Members have said, let us find a solution to that. The MOD does not think there is a workable solution and is worried about fracturing how standards are applied across the defence estate, as this legislation applies only to England. As I have said, in the coming months, the Government will bring forward a defence housing strategy, setting out clear renewal standards and further steps to improve accommodation. I have offered a very clear concession from the Dispatch Box that we will provide for annual reporting to give the transparency and accountability that those standards will be met.
I am grateful to the Minister for giving way and for his engagement in the issue of service family accommodation. Will he consider bringing forward primary legislation, on the face of this Bill or another Bill, so that service families are given the same legislative protection that private and social tenants are given?
I am more than happy to continue the conversation with the hon. Gentleman and with Liberal Democrat peers in the other place, but our argument today is that we cannot accept the amendment tabled by Baroness Grender. We think that the concessions that I have offered today from the Dispatch Box should be sufficient to satisfy the concerns that have been raised.
I will briefly address the incredibly important issue of implementation, which was raised by my hon. Friend the Member for Tipton and Wednesbury (Antonia Bance). This Bill must receive Royal Assent as soon as possible. The time that it has taken for the legislation to make its progress through the House is not cost-free. Families across the country have been subject to no-fault section 21 evictions, which we know are a leading cause of homelessness, and renters across the country need the Bill on the statute book.
Following Royal Assent, we will allow for a smooth transition to the new system, and we will support tenants, landlords and agents to understand and adjust to the new rules. We want to make that change as smoothly and efficiently as possible, and to introduce the new tenancies for the private rented sector in one stage. On that date, the new tenancy system will apply to all private tenancies: existing tenancies will convert to the new system and any new tenancies signed on or after the date will be governed by the new rules. We will work closely with all parts of the sector to ensure a smooth transition and we will provide sufficient notice ahead of implementation.
To conclude, this Labour Government are going to succeed where their Conservative predecessor failed. We will level decisively the playing field between landlord and tenant, and transform the experience of private renting in England. While we have shown ourselves more than willing to make sensible changes to the Bill in response to concerns raised, we are not prepared to accept amendments that undermine its core principles. I look forward to continuing the constructive conversations that I have had with peers over recent weeks, with a view to securing agreements across both Houses in the near future, and I commend the Government’s position to the House.
Question put, That this House disagrees with Lords amendment 11.