Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Heather Wheeler Excerpts

Friday 19th January 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I, too, wish a happy birthday to Mr Speaker, and to Rose Hudson-Wilkin.

I congratulate the hon. Member for Westminster North (Ms Buck) on her success in the private Members’ Bill ballot, on bringing attention to the important issue of property standards in the rented housing market and, indeed, on her huge amount of work and interest in this area. I refer hon. Members to my entry in the register of ministerial interests.

Everyone deserves a decent and safe place to live, regardless of their tenure. Most properties in the private and social rented sectors are of a good standard and do not contain potentially dangerous hazards. However, according to the English housing survey, 17% of private rented properties and 6% of social rented properties contain at least one hazard that constitutes a serious risk of harm to the health and safety of an occupier. As we have heard from Members on both sides of the Chamber, these percentages equate to 795,000 homes in the private sector and 244,000 homes in the social sector. While there is a large range of potential hazards, in practice, as we know from English housing survey data, the vast majority of hazards that occur are associated with slips, trips and falls, as well as with excess cold and issues such as fire risk, damp and poor sanitation.

The Bill fits well with the work the Government have already done to improve standards in the private rented sector. That sector is an important part of our housing market, housing 4.3 million households in England. The quality of privately rented housing has improved rapidly over the past decade, with 82% of private renters satisfied with their accommodation and staying in their homes for an average of 4.3 years. The Government want to support good landlords who provide decent, well maintained homes, and to avoid putting further regulation on them that increases costs and red tape for landlords and also pushes up rents and reduces choice. However, a small number of rogue or criminal landlords knowingly rent out unsafe and substandard accommodation. We are determined to crack down on these landlords and to disrupt their business model.

There is a need to act now to require landlords proactively to ensure that properties are free from hazards and to empower all tenants to hold their landlord to account. The alternative of allowing these practices to go unchecked would not be fair on the large majority of good landlords and proactive, responsible local authorities, or on their tenants who suffer because of poor conditions or because of the inability or failure of local authorities to act.

[Clive Efford (Eltham) (Lab)]

Will the Minister give way?

[Mrs Wheeler]

I will not give way, if the hon. Gentleman does not mind, because some very important business is coming up after this debate.

The Government are committed to providing tenants with alternative means of redress, strengthening tenants’ rights and protecting renters against poor practice. The Bill aligns with and supports broader proposals to improve consumer experience across the housing sector. Furthermore, enabling tenants to take direct action themselves will help to free up local authorities’ resources to tackle better the criminal landlords who rent out hazardous and unsafe dwellings.

[Bob Blackman]

Will the Minister give way?

[Mrs Wheeler]

I will not give way, if my hon. Friend does not mind, but I will refer to him in a moment.

We have already published guidance for tenants to help them to understand their rights and responsibilities and what to do if something goes wrong. This should satisfy my hon. Friend the Member for Harrow East (Bob Blackman), who has concerns about retaliatory action. That was perfect timing. We have also published guidance for tenants to help them to ensure that their home is free of potentially dangerous hazards. Revised versions of these guidance documents will be published shortly, alongside guidance for landlords about their responsibilities.

To respond to Members’ questions about legal aid, the procedure in the Bill is designed to be straightforward and tenants will frequently be able to represent themselves, but for more complex cases, legal aid will be available, subject to income criteria. We do not expect this to be necessary in the majority of cases, as most tenants will be able to identify an obvious hazard without the need for a solicitor. However, I repeat that legal aid will be available in cases where the tenant is eligible.

Other Members raised issues of local authority funding. We have given local authorities the power to impose civil penalties of up to £30,000 for housing offences. Councils will be able to keep that money and reuse it for housing enforcement purposes, exactly as we have heard. Very proactive councils are taking on staff to deal with that because they know—sadly—that the money will come in. My right hon. Friend the Secretary of State for Housing, Communities and Local Government has already announced the Government’s support for this Bill, which is fully in line with the thoughts and desires of our Prime Minister.

[Mr Betts]

Will the Minister give way?

[Mrs Wheeler]

No. Sadly, I am about to finish because a very important Bill follows this one. I met the hon. Member for Westminster North yesterday, and she has also had productive meetings with the previous Housing Minister, my hon. Friend the Member for Reading West (Alok Sharma), and my officials. I thank them, and all stakeholders involved, for their work so far. I have every confidence that this Bill will continue into Committee.

We also heard a wonderful speech from my hon. Friend the Member for Walsall North (Eddie Hughes), and I thank him for raising awareness of the dangers of carbon monoxide poisoning. We share a common goal in wanting people to be safe in their homes. The Government and their agencies continue to work to reduce the risk of carbon monoxide poisoning, and that includes a role for regulation where it is sensible and proportionate to do so. We already have powers to extend further the requirements for carbon monoxide alarms, but we need an updated and stronger evidence base to inform properly the case for new regulation. I was pleased to hear from my hon. Friend the Minister for Housing that we can agree to work together and take this matter forward.

This is an excellent Bill. Again, I congratulate the hon. Member for Westminster North on her huge amount of work. I congratulate all the 27 speakers. They include my hon. Friends the Members for Telford (Lucy Allan), for Cheltenham (Alex Chalk), for Eddisbury (Antoinette Sandbach), for Torbay (Kevin Foster), for Harrow East, for Mid Worcestershire (Nigel Huddleston), for Thornbury and Yate (Luke Hall), for Wells (James Heappey), for Corby (Tom Pursglove), for Colchester (Will Quince), for Taunton Deane (Rebecca Pow), for Berwick-upon-Tweed (Mrs Trevelyan), for Walsall North, for Sleaford and North Hykeham (Dr Johnson), the right hon. Members for Kingston and Surbiton (Sir Edward Davey) and for Wentworth and Dearne (John Healey), and the hon. Members for Hammersmith (Andy Slaughter), for Brighton, Kemptown (Lloyd Russell-Moyle), for West Ham (Lyn Brown), for Sheffield South East (Mr Betts), for Ealing Central and Acton (Dr Huq), for Warwick and Leamington (Matt Western), for Ipswich (Sandy Martin), for Kensington (Emma Dent Coad), for Canterbury (Rosie Duffield), and for Reading East (Matt Rodda).

This has been a superb debate on all sides, and it is what the Chamber does best on a Friday.