Housing and Planning Bill (Eighth sitting)

Debate between Grahame Morris and Teresa Pearce

Thursday 26th November 2015 Public Bill Committees

[Teresa Pearce]

I completely agree. The amendment would also give a heads-up to the local housing authority that there is the possibility of an eviction, enabling the authority to help that tenant into new premises and prevent them from ending up homeless.

It is estimated that these abandonments would arise on only 1,750 occasions a year, and with only 400 local authorities in the country, the amendment would be unlikely to place too much of a burden on them. It is clear that the clause needs amending if it is to work, to not be open to abuse and to be used appropriately on the rare occasions when a landlord is required to recover abandoned premises. The amendment would require the local housing authority to confirm, as an extra layer, that it also suspects that the property is abandoned before a landlord can recover the abandoned premises.

[Grahame M. Morris (Easington) (Lab)]

I support the arguments made by my hon. Friend the Member for Erith and Thamesmead. My preference and that of the Labour party would be that the Government remove the clause. There seems to be little in the way of evidence that additional regulations are required for landlords to recover abandoned properties. Quite often, the Minister’s response to an amendment tabled by the Opposition is that it would create an additional level of bureaucracy that is unnecessary. I suspect that that is precisely what is happening now.

The Minister might correct me, but the Government’s impact assessment suggests that only 1,750 tenancies are abandoned each year—it has been an issue for me with some of the former colliery properties. That is a fraction of a percentage of the total of private renting households. As my hon. Friend has indicated, there are well-established legal mechanisms by which landlords can recover properties that are genuinely abandoned through implied surrender, whereby a tenant has removed all their possessions or, indeed, handed back the keys.

I respectfully point out that Crisis noted in its evidence that when a tenant is outside of their fixed term, a landlord only has to provide two months’ notice to take possession, and that, in cases where there is genuine abandonment, no court possession notice would be required as the tenant would already have left the property. I fear that the fast-track eviction process would leave those in receipt of housing benefit particularly vulnerable.

My hon. Friend the Member for Harrow West has given some examples of circumstances in which people could reasonably be adversely affected. With benefit delays and average waiting times of 22 days to process new claims, leaving tenants are at risk of falling foul of the definition of an abandoned property when, in fact, the delay may be an administrative one.

We also have issues with the universal credit system leaving tenants vulnerable to rent arrears—some have to wait at least six weeks until they receive their first payment. My contention is that the steps that we dealt with on Tuesday to tackle rogue landlords, including the maintained database, are commendable measures to address the worst practices of the private rented sector. However, to seek to exclude the courts and maintain a fair process for evictions, may leave vulnerable tenants at the mercy of unscrupulous landlords, with little or nothing in the way of redress.

Although I would prefer the Government to remove the clause, the amendment provides a vital safeguard and an extra layer of protection for vulnerable constituents. There is not sufficient evidence to suggest that we require additional regulations. Although I have raised concerns relating to vulnerable constituents, there is a level of scepticism about how useful the proposals would be for landlords. I note the comments of the hon. Member for Thirsk and Malton in that regard.

The question is, who will the proposals benefit? The Guild of Residential Landlords, which gave evidence to the Committee, noted that the new proposals would take

“almost as long as a section 8 notice would take to obtain a court order. At least with a court order, there is no risk of the tenant applying for reinstatement”.

The existing arrangements may well afford more protection to landlords. The question of the benefits of the proposals for the tenant or the landlord needs a little further reflection.

Housing and Planning Bill (Seventh sitting)

Debate between Grahame Morris and Teresa Pearce

Tuesday 24th November 2015 Public Bill Committees

[Teresa Pearce]

I beg to move amendment 106, in clause 30, page 14, line 9, at end insert—

‘(2) Tenants and prospective tenants may establish whether an individual is listed on the database through their local housing authority.”

This amendment gives tenants and prospective tenants the ability to check with their local housing authority whether their current or prospective landlord or letting agent is listed.

We seek to amend clause 30 to give tenants and prospective tenants the ability to check with the local housing authority whether their current or prospective landlord or letting agent is listed on the database of rogue landlords or letting agents. We believe this simple amendment will fundamentally strengthen the measures in the Bill to tackle rogue landlords and will help to safeguard tenants from criminal landlords.

The amendment would allow tenants and prospective tenants to protect themselves from the select few landlords who breach their obligations towards tenants. At present, there is no scope in the proposals for tenants or prospective tenants to establish whether their landlord is on the database. There is no protection for tenants and no way for them to identify whether the landlord is subject to a banning order or not. The amendment seeks to enable tenants and prospective tenants to make an inquiry with their local housing authority, which could be answered with a simple no. If it were established that the landlord was indeed on the database, the local authority would be aware that a criminal landlord was operating in breach of their banning order.

[Grahame M. Morris]

That is a very important principle. Is there not an inconsistency in the Government’s approach? For example, they publish lists of employers who pay below the minimum wage—naming and shaming them— and Ofsted reports on school performance. That information is available. Is not the problem of rogue landlords in many ways a more serious matter and should the information not be more widely available?

[Teresa Pearce]

I agree that the more open and transparent the database is, the better it can ensure that standards are upheld. However, I have been contacted by a number of people who wish to see the database placed online, where it can be accessible to the public. Although I understand that and support their motives, a fully open database could lead to confusion. There could be landlords with similar names, they could be wrongly targeted or avoided by tenants, and any landlords who wish to reform following a conviction may be unable to find business. We are asking not for a fully open database, but tenants should be able to approach the local authority and ask whether someone they are about to rent a property from is on that database. The answer could be a no or a yes, in which case the local authority would know that that person was breaching their banning order.

A measure such as this has been met with support in the written evidence. Crisis noted its support for amendments that would allow local authorities to “share information”, which it believed would strengthen enforcement work. It noted the difficulty in targeting rogue landlords who move their business from one area to another. By allowing for a check, the database would become a greater deterrent. What deterrent is there for rogue landlords to be listed on a hidden database? They could take advantage of tenants, who would have no idea whether they had previously been convicted of a housing offence and no way of checking. With such checks, the database will provide for greater punishment of rogue landlords who engage in criminal activity, as they will know that that will be recorded and potentially made available to the public. At present, only local housing authorities can make those checks.

With such a check, standards will increase, as rogue and criminal landlords, following conviction of a housing offence, will be less likely to return to the sector and, even if they do, they will be found out faster. Tenants will therefore have greater power against rogue landlords and, with the local housing authority, will be able to root out the worst offenders. The database will also be of greater use to local housing authorities in enforcement work.

[Grahame M. Morris]

It is a pleasure to serve under your chairmanship, Sir Alan. I rise in support of my hon. Friend. We welcome the creation of a database of rogue landlords that will allow local authorities to share information, but will the Minister clarify why it will not be more broadly accessible? As my hon. Friend said, the Opposition do not believe that the database should be freely available, but a prospective tenant should be able to check whether their potential landlord is a rogue landlord with criminal convictions.

There are precedents and consistency issues to consider. We are used to seeing Ofsted reports, and while concerns were raised about whether they added value, it is now generally accepted that they are a valuable tool for parents and society more broadly. The Care Quality Commission’s reports about care homes and GP services are shared not just with their commissioners. Indeed, these days even hygiene ratings in takeaways and restaurants are available for the public’s inspection. All that is available to help the public to make informed choices and question the quality of the services they receive. Therefore, there is certainly merit in allowing prospective tenants to check whether a prospective landlord or letting agent is or has been on the register, because that would help them to make an informed choice and secure decent housing. I hope the Minister will consider that.

My hon. Friend the Member for Harrow West referred to Shelter’s report, “Safe and Decent Homes”, and that organisation gave evidence to the Committee. This is a huge problem. The hon. Member for Peterborough said that only a relatively small number of landlords are rogue and criminal in their conduct.

--- Later in debate ---

[Teresa Pearce]

I beg to move amendment 111, in clause 41, page 19, line 10, at end insert—

“, and about what extra charges the local housing authority may levy to fund investigation, enforcement, and other matters related to the operation of rent repayment orders.”

This amendment would ensure that local housing authorities are able to levy a landlord who is ordered to pay a rent repayment order, in order to fund their related activities.

The amendment is probing, so we only want some clarity from the Minister. It would enable a levy by local housing authorities to fund investigation, enforcement and other matters relating to the operation of rent repayment orders. The Bill allows the orders to be covered by the local housing authority in cases of universal credit or housing benefit, or by tenants. We welcome the provision, which seeks to ensure that tenants are not at a loss financially after their landlord commits a housing offence or if they let from a landlord in breach of a banning order. Local housing authorities, however, might have no incentive to investigate allegations.

Clauses 42 and 43 mandate authorities to consider applying for a rent repayment order and to assist tenants in applying for one, but under clause 41 the powers rest with the Secretary of State to make provision by regulation for how local housing authorities are to deal with amounts recovered under rent repayment orders. We do not know what the secondary legislation will be, so the amendment would ensure that the local housing authorities are able to levy additional moneys from a landlord who is ordered to pay a rent repayment order to fund their investigations and enforcement actions.

If rent repayment orders are to be successful operationally, local authorities need to be able to fund their work. The amendment seeks to introduce a measure that would allow them to do so. Will the Minister outline his view of how local housing authorities should use the amounts recovered and whether they are to receive a proportion of receipts to compensate them for their investigatory work? Local authorities will be expected to do a great deal, whether assisting a tenant or acting on their own behalf. There will be pressures on council staff time and resources and, should the matter go to the first-tier tribunal, there will undoubtedly be more legal costs or costs for legal advice.

[Grahame M. Morris]

My hon. Friend is making an important point and I am interested to hear the Minister’s response. I am thinking, once again, about some of the acute problems we have in east Durham with absentee landlords. Many of them have bought up large blocks of properties and there is difficulty in identifying who actually owns them. Given the pressures that local authorities are under, it would be useful if they were in a position to recover some of the costs.

[Teresa Pearce]

That is what we are probing, and I hope to hear the Minister’s view on that. Without such compensation, local authorities could be unmotivated to act. When local government finance is squeezed, it is incredibly important for local authorities to be able to undertake fully any additional work that we expect of them. We must ensure that they may take on their responsibilities.