Social Housing (Regulation) Bill [Lords]

Helen Hayes Excerpts

Report stage
Wednesday 1st March 2023 Commons Chamber

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

Greater Manchester and, indeed, the rest of the country was shocked and horrified by the tragic death of Awaab Ishak in Rochdale. His little lungs had been exposed to deadly damp and mould in the flat that he lived in with his family. They battled against it for a number of years, and even filed disrepair claims against the housing association. I think we are united in this House that, in one of the richest economies in the world, that should never have happened. I cannot imagine the pain and heartache that Awaab’s family must feel every single day. Today, we embark on the first step towards making sure that no family should ever have to experience what they have experienced.

My hon. Friend the Member for Rochdale (Tony Lloyd) cannot be with us in person owing to his ongoing treatment, but it should be noted that he has worked relentlessly with campaigners, with Government and with me and other colleagues across the House to ensure that the robust amendments needed to the legislation were made to honour Awaab’s name and ensure the health and safety of all social housing tenants.

I also thank the amazing organisations that have been the ultimate driving force of the Awaab’s law campaign: the Ishak family, their legal team, the Manchester Evening News and change.org for spearheading the campaign, and Shelter and Grenfell United for committing such energy, compassion and knowledge.

Very briefly, the campaign has four clear asks: to require social landlords to investigate the causes of damp and mould within 14 days of complaints being made, and report findings to tenants; to give social landlords seven days to begin work to repair a property where a medical professional has flagged a risk to health; to ensure bids for new social housing properties are treated as a high priority if a medical professional has recommended a move; and to mandate social landlords to provide all tenants with the information that they need, in simple English and other languages, on their rights, on how to make a complaint and on what standards they can expect.

I thank the Secretary of State, the Minister and their team for speaking directly with the Ishak family, with campaigners and with my hon. Friend the Member for Rochdale and me, and for tabling new clauses 1 and 4, which help towards those key goals. Indeed, new clause 1 provides that the Secretary of State “must make regulations” that ensure that landlords have to remedy hazards such as mould and damp in a timely fashion. Although I appreciate that the Government want to consult on the final form of those regulations, I cannot stress enough that they must include provisions, as the Awaab’s law campaign set out, to set clear minimum safety standards, clear minimum timeframes for remedying any hazards, and an urgent priority move if the property is found to be unsafe. I am confident the Secretary of State will agree those are not unreasonable requests, and I hope that he will work hard throughout the consultation process to ensure that they are reflected in the final regulations.

I also support the amendments tabled by the shadow Minister, my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), which seek to strengthen new clause 1 by protecting tenants from repercussions when calling on the new obligations, and by expanding court powers. I welcome, too, that Government new clause 4 gives direction that registered social housing providers must provide their tenants with information about their rights in making complaints. That is good, but it does not specifically commit to ensuring wider language accessibility. I trust that the Secretary of State and the Minister will address that point in the regulations.

In complement to the Awaab’s law campaign, I also support new clause 6, which embodies Greater Manchester Law Centre’s calls to make social housing providers subject to freedom of information requests. Without that change, social housing providers can and have refused to be transparent about important elements of their business practices, even though they are receiving public money in rent and support.

I also support new clause 5 and Government amendment 47 which detail that social housing managers must gain professional qualifications to protect residents and raise standards in the sector. That is a commitment that many have wanted to see since the Grenfell tragedy. I also support new clause 8, tabled by my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) as chair of the all-party parliamentary group for households in temporary accommodation. The new clause would enable the regulator to set standards for supported and temporary accommodation. I know that my hon. Friend will speak at length about that in due course, but it is an important change. I am a member of the all-party group, and research that the group commissioned, led by Justlife and the Shared Health Foundation, found widespread and horrific examples of the conditions in which temporary accommodation residents were forced to live. In many cases, their accommodation was not fit for human habitation but they were frightened to say anything about it because of the risk of being made homeless. That is unacceptable.

I hope that the House will support all those amendments today, continuing the productive cross-party ethos that has been embodied in the passage of the Bill. It is important to state, however, that this legislation is one small element in a national moment of reckoning on the state of rented housing in this country. Citizens Advice suggests that more than half of private renters in England are struggling with damp, mould, excessive cold or a combination of those factors. Some 1.6 million of those affected are children. Private renters do not have access to the housing ombudsman for their complaints to be investigated independently, so millions of suffering families have no voice. They are trapped in homes that will ultimately put their lives at risk. I ask the Government to urgently introduce an equivalent Awaab’s law for the private rented sector alongside an urgent, state-funded, national housing mission to build new social homes and bring existing ones up to a decent standard.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I rise to speak in support of new clause 7. First, I want to put on the record my role as a vice-president of the Local Government Association.

New clause 7 would protect the tenancy rights of social housing tenants who have to make an emergency move from their home because they or a member of their household are threatened with violence. It would be a small change in the law, but it would make a big difference. Losing the right to a secure, affordable home is a price that no one should have to pay for being a victim of crime. Yet that is what happens to far too many people who have to make an emergency move because the police say that it is not safe for them to stay in their home.

It is what happened to my constituent Georgia, an NHS employee, who had been very happy living in her housing association home with her children for nine years. One day, neighbours told Georgia that while she was at work, there had been loud banging on her door at home. She eventually coaxed her teenage son into telling her that he had been threatened by gang members. Georgia reported that to the police who told her that the matter was extremely serious, that they thought her son’s life was now at risk and that she needed to leave her home immediately. So Georgia approached her local council who provided temporary accommodation in another borough. At that point, Georgia effectively joined the bottom of the housing waiting list.

The current priority needs system does not automatically award high priority for being a victim of a threat of violence. In the context of an intense shortage of social housing, that meant that Georgia effectively faced a wait of many years to be offered a new home comparable to the one she had been forced to leave. In the meantime, after she had been in temporary accommodation for six months, her housing association began the process of formally ending her tenancy.

--- Later in debate ---

[Dehenna Davison]

With the leave of the House, I will try to address the concerns raised by Members across the House. First, I thank hon. Members with all sincerity for their thoughtful and considered debate, not just today but throughout the passage of the Bill. We have dealt with things in a constructive manner, ultimately to try to strengthen the Bill to its fullest extent and provide the maximum protection for social housing residents.

I will seek to answer as many questions as I can, starting with Awaab’s law. I am grateful to the hon. Member for Salford and Eccles (Rebecca Long Bailey), my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), and the hon. Member for Rochdale (Tony Lloyd), who is not here today, for their constructive engagement following the devastating case of Awaab, which touched them and many of us in this House incredibly personally.

I thank the hon. Member for Greenwich and Woolwich (Matthew Pennycook) for amendments (a) to (f) to Government new clause 1 relating to Awaab’s law. However, we are clear that our current proposals already sufficiently achieve what the hon. Member is seeking to do. Prescribed requirements are already defined in new clause 1 and therefore do not need to be defined in the alternative way proposed. Moreover, new clause 1 already gives us the power to make provision ensuring that social housing providers’ duty to meet requirements cannot be overridden or circumvented by the terms of the lease. We also think it important to be able to make provision enabling the landlord to inspect the property to ascertain whether there are any hazards present, provided reasonable notice is given if it is to be under an obligation to rectify prescribed hazards.

As I have made clear, we will consult on Awaab’s law within six months of the Bill achieving Royal Assent. The consultation will inform the detail of the regulations that the Secretary of State will set for Awaab’s law, including timescales and details on the prescribed hazards themselves. I hope that will reassure the hon. Member for Salford and Eccles, who raised concerns on that point. I reiterate the importance of setting requirements that deliver the best outcomes for residents, while being achievable, proportionate and evidence-based. I assure the House that with new clause 1, landlords will have no choice but to comply with new regulations and to take action to ensure homes are free of hazards that pose health risks to their residents. I therefore hope the hon. Member for Greenwich and Woolwich will withdraw his amendment.

On professionalisation, on which many Members expressed their concerns and passion, I am incredibly grateful for the broad support across the House for our amendment. I believe our approach is the right way to drive up professional standards in the sector, but we will of course carry out further engagement with the sector, including landlords, tenants and professional bodies, as we develop our approach to implementation. I hope that will reassure my hon. Friend the Member for Harrow East (Bob Blackman), who is no longer in his place but who raised that point earlier.

New clause 6, tabled by the hon. Member for Greenwich and Woolwich, seeks to extend the Freedom of Information Act 2000 to registered providers of social housing. I am grateful to him, and to the hon. Members for Hammersmith (Andy Slaughter) and for Salford and Eccles for raising their concerns. I think we can all agree that increasing transparency in the sector is hugely important, but I do not believe that new clause 6 is necessary or advisable at this stage. Development of the access to information scheme, one of the Government’s commitments in the social housing White Paper, is already well under way. Through the scheme, private registered providers will have similar obligations as they would under the Freedom of Information Act. The tenants of providers, and their representatives, will be able to request information from their landlords in much the same way. I am also concerned—I am sorry to raise this point on another issue—that extending FOI to registered providers would increase the level of Government control exercised over the sector and may lead to the Office for National Statistics reclassifying housing associations. That is something we are incredibly concerned about.

On new clause 7, relating to Georgia’s law, I want to put on the record my thanks to the hon. Member for Dulwich and West Norwood (Helen Hayes) for campaigning on this matter and for raising the really sad case of Georgia and her family. I am grateful to her for engaging with me in a really constructive fashion as we sought to find a middle road that the Government could accept in line with the new clause she is proposing. Unfortunately, we are unable to support it today, and I will explain why that is the case. I note the hon. Lady’s additions to bring assured tenancies within the scope of her new clause, but I reiterate my concern, raised in Committee, about the new clause itself—if not its intent, which I think we can all agree is incredibly admirable. I remain concerned that binding housing providers with policies that remove flexibility to choose who they give tenancies to is not the right course of action. Those decisions are devolved for good reason.

[Helen Hayes]

Does the Minister accept the facts of the situation, which are as follows: the tenants who would benefit from this provision remain social housing tenants for the first six months that they are in temporary accommodation? We really are not talking about a shifting of priority among people who are on the housing waiting list; we are talking about rehousing existing tenants. The home that they vacate would then become available much more quickly precisely for those people who are genuinely on the housing waiting list.

[Dehenna Davison]

The hon. Lady raises a really strong point. As I outlined, our concern is about removing flexibility from social housing providers. Every social housing provider and every area faces very different challenges. We want to ensure that they have the maximum flexibility to deal with those challenges. That is why, unfortunately, we cannot support new clause 7, but I thank her again for campaigning on this issue.

New clause 8 was tabled by the hon. Member for Mitcham and Morden (Siobhain McDonagh), and I am grateful to her for meeting me to discuss her proposal further following Committee. I know how passionate she is about this issue, and her expertise has certainly brought a great deal to my knowledge and understanding of some of the problems faced by residents of temporary accommodation. She is right to say that we must drive up standards for all tenants, but what concerns me, as it did in Committee, is that this measure would be outside the scope of the Bill. We will certainly explore it with her to make sure that we drive up standards in temporary accommodation as well, but this Bill deals specifically with social housing, and we want to keep it tight to ensure that it achieves its desired aims.

Amendments 36, 37 and 38 deal with the advisory panel that will advise the regulator on a wide range of matters relating to social housing. As I said in Committee, I do want to see tenants at the heart of the changes we are delivering through the Bill—I am firmly committed to that—but I do not necessarily think the amendments are the best way to achieve that. The purpose of the advisory panel is to provide independent and unbiased advice to the regulator. I believe the separate resident panel that we have established is better placed to share views directly with the Government and Ministers. Its members have been asked to tell us what they think about our approach to improving the quality of social housing, and whether our interventions will deliver the changes that they want to see. We think that our approach is the right one.

A number of Members spoke about inspections, including the hon. Member for Weaver Vale (Mike Amesbury) and the shadow Minister, the hon. Member for Greenwich and Woolwich. The introduction of regular consumer inspections will be a key part of the proactive consumer regulation regime. It will strengthen the regulator’s oversight of the sector, ensuring that he or she can identify issues early and take effective action when necessary. The system that we propose will be based on a robust risk profile, ensuring that when landlords are at the greatest risk of failure, or when such failure would have the greatest impact on tenants, they are subject to greater oversight. As the shadow Minister knows, we have already amended the Bill to require the regulator to publish, and take reasonable steps to implement, a plan for regular inspections. When developing the plan, the regulator will engage closely with the sector, including tenants, and it is right that we do not pre-empt that process.

Let me turn briefly to amendment 41, tabled by the hon. Member for North Shropshire (Helen Morgan). The Government are absolutely committed to preventing homelessness. Significant work has already been done to address this important issue, including the publication of the Government’s bold new strategy “Ending rough sleeping for good”. We are investing £2 billion in measures to deal with homelessness and rough sleeping over the next three years, and our work in this area is already making an impact. Since the introduction of the Homelessness Reduction Act 2017, more than half a million households have been helped to move into secure accommodation. I cannot accept the amendment, as I believe that the existing legislation can achieve the outcome that the hon. Lady is seeking.