Graham P Jones
Main Page: Graham P Jones (Labour - Hyndburn)
Mr Betts
We did, but I will come on to rents later, if I may, because that is a separate issue. We did refer to that matter, but the main point of our report concentrated on standards, which is what I am trying to address now.
As we all know, the reality is that some of the worst standards in housing are in the private rented sector. That does not mean that every such property is bad and we should not give all private landlords a bad name, but as well as some of the worst properties, the sector has some of the most vulnerable occupiers, and that juxtaposition should really worry us. Some landlords simply want to sit and do nothing, while others blatantly break the law and think that they can get away with it, and we particularly want to bear down on them. There was general agreement about how to bear down on the really bad landlords without putting extra burdens on the good ones, and about how, at a time of financial constraint for local authorities, to enable them to take action against such private landlords and ensure that they can use their resources and recover their costs.
Graham Jones (Hyndburn) (Lab)
I would add long-distance landlords to the list of problem landlords. I had a letter from a lady in west Sussex complaining about the condition of properties and various other things in the area of Church in Accrington. Many landlords in that area do not live there and have never visited it, and their properties are not in a particularly good condition. That is not necessarily for nasty or unpleasant reasons, but because landlords generally live too far away, and because they are amateur about making such an investment, rather than professional in housing management. Will my hon. Friend add long-distance landlords to his list?
Mr Betts
I do not want to say that every landlord who lives at a distance is a bad one—that would be wrong—but living further away can clearly make it more difficult for tenants to contact landlords and get instant responses about problems, particularly if landlords do not use a reputable agent to help them manage the property on the spot. We will come on to agents a little later. The issue is about local authorities having the powers to act against not merely individual properties, but areas with collections of properties in poor condition, which is probably the sort of area to which my hon. Friend refers.
Graham Jones
I think that my neighbour, the hon. Member for Rossendale and Darwen (Jake Berry), was referring to the housing health and safety rating system and its implementation by local authorities in respect of category 1 and category 2 hazards. Does my hon. Friend agree that if significant cuts are made to local government, it does not help environmental and housing enforcement teams in local authorities to enforce the housing standards, even if they have a statutory ability to do so?
Mr Betts
The Committee received evidence of concerns in some local authorities that the squeeze on their resources was affecting their abilities in respect of the private rented sector. We tried to look at how authorities could deal with the challenges that they face most effectively with the resources that they have. One thing that we looked at was licensing.
On balance, the Committee did not come down in favour of a national licensing scheme. That is essentially because, over a number of reports, we have tended to be localist and to believe that local authorities should be allowed to make such choices for themselves. We went to Leeds, which has a very good accreditation scheme, under which there is good training and advice for landlords, which the landlords really appreciate. However, we were told by landlords and tenants that the problem is that it is the good landlords that join such schemes. They said, “It’s those landlords down the road you want to get hold of and they’re not going to volunteer.”
The selective licensing approach tends to be cumbersome, time-consuming and bureaucratic, and the criteria are very restricted. The Committee therefore asked whether we could relax the criteria and make them more flexible so that local authorities could engage in selective licensing if they wanted to. We also asked whether, in a more general sense, a local authority could have an accreditation scheme that was mandatory, so that it would include all landlords, including those who do not want to join.
Unfortunately, on both issues, the Government’s response was not as helpful as we would have liked. They said no to mandatory accreditation schemes and no to a review of the flexibility of selective licensing. The Government’s recent consultation document does include changes to selective licensing, but they are talking about tightening the criteria, rather than making them more flexible. That seems to be a retrograde step. All our evidence suggested that that was too cumbersome and does not work, and authorities that want to make it work find it difficult to make it happen.
We are apparently consulting on a landlord-specific, rather than property-specific, licensing or accreditation scheme, which the consultation document refers to as a suggestion from the Communities and Local Government Committee, although it was not. It has clearly come from somewhere, however, and it may not be unwelcome if it gives local authorities another set of powers and another way to deal with rogue landlords who are causing problems. If those landlords who persistently cause problems with individual properties have to become part of a mandatory registration scheme, that could be perhaps not a complete response to the Committee’s request, but at least a helpful step in the right direction, as we suggested.
Mr Betts
Yes, and the Government are consulting on retaliatory evictions as part of their consultation document, which is to be welcomed. One other issue that the Committee report dealt with that we must consider is how to encourage longer term tenancies. Families in particular want greater security. They may not want to be in the private rented sector, but if they are there and have a property they like, they probably want to be there for five years rather than six months. Considering how we can change the culture—that is what it is, as much as anything else—to get landlords and tenants to understand that there are possibilities within the framework of the existing assured shorthold tenancy for a tenancy longer than six months or a year, is a step forward. We must also consider how to get letting agents to recognise that they should be advising on that—letting agents often have a vested interest in regular reviews of tenants and tenancies because they make a profit and receive a fee every time they do it.
We must also deal with the fact that many lenders prevent landlords from having a tenancy of more than a year. Nationwide is now, I think, prepared to accept a three-year tenancy, which is a good step forward, and the Government are trying to bring lenders together to try to make that change happen. I entirely accept the point made by my hon. Friend the Member for Islington North about retaliatory evictions when tenants complain. However, if landlords are to accept a tenancy period of three or even five years, they must have a way of getting the tenant out, rather than waiting until the end of the tenancy period. Shelter has accepted this and the Government have established a working party on it. That is being looked at as a quid pro quo. Shelter accepts that; it is not only landlords associations that have been pressing for it.
Graham Jones
My hon. Friend made the point that landlord licensing is seen as a panacea, and the sound point that licensing applies to landlords and not properties. It is thought that that panacea will deal with rogue landlords, but, as my hon. Friend the Member for Edmonton (Mr Love) has suggested, there is the question of property and stock conditions in both high and low-demand areas. Is there not a case for extending landlord licensing to include stock condition and other criteria to deal with those problems?
Mr Betts
The Committee called for more flexibility in licensing—perhaps that covers my hon. Friend’s point.
The Committee recognises the need for more powers and action in one or two other areas to improve standards. We call for the possibility of fixed penalty notices, so that local authorities can deal with less serious offences at relatively low cost. The Government are consulting on the range of measures that should be available. We also say that, when a landlord lets a property in an unfit condition and is prosecuted, it should be possible to claw back any housing benefit paid or any rent paid by an individual. We are pleased that the Government are consulting on that proposal.
One additional matter that the Committee did not get into—we might have a look at it in the autumn—is what happens when landlords are taken to court. That goes back to the fact that authorities are strapped for cash, as many are, and have limited resources. If a landlord is found guilty, the court should award the authority the full cost of the action. Sheffield, my local authority, advised me the other day that it has brought five successful prosecutions of landlords in recent months. On each occasion, it has not been given its costs back—it got back roughly 50% of its costs in total. That is not acceptable. We ought to put pressure on the courts—perhaps the Minister’s colleagues in the Ministry of Justice could do this—to recognise that, when effective action costs money and the landlord is found to be responsible for and guilty of an offence, the costs should be returned to the authorities.
Finally, there are two other points. On letting agents—