Oral Answers to Questions

Helen Hayes Excerpts

Monday 28th January 2019 Commons Chamber

[Kit Malthouse]

It is always a pleasure to be greeted by impatient Members who, as I say, want more housing for the next generation. My hon. Friend is right: we need to constantly examine the effect of the planning system on the production of new homes. As he says, we issued a new planning framework back in July. We are carefully assessing the impact of those policies, but if my hon. Friend has useful and constructive suggestions, I shall be more than happy to hear them.

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

The Government’s expansion of permitted development rights has caused multiple problems across the country. Such developments make no section 106 contributions towards new social housing. There are reports of homes of appalling quality, with children forced to play in car parks on industrial estates, and of homes in some areas being used only for short-term holiday lets, while developments in other areas are causing the loss of valuable employment space. Last week, the permanent secretary confirmed to the Housing, Communities and Local Government Committee that the Government had undertaken no evaluation of this policy. Will the Secretary of State call time on the policy, so that a full evaluation of the impacts can be undertaken?

[Mr Speaker]

Order. There seems to be a competition between what I would call parliamentary essayists today. That was an extremely eloquent essay—very erudite—but we could do with a paragraph.

Deaths of Homeless People

Helen Hayes Excerpts

Thursday 20th December 2018 Commons Chamber

[James Brokenshire]

My right hon. Friend asks about the evidence. I point him to the Office for National Statistics data that has been released this morning, showing that 190 estimated deaths of homeless people in 2017 were due to drug poisoning; that is 32% of the total number. Alcohol-specific causes accounted for 62 deaths and suicides for 78 deaths, respectively 10% and 13% of the estimated deaths. There is no doubt that drugs and alcohol addiction are a core component of the challenges that we are seeing, which is why we are putting in place additional support. I am profoundly concerned about the implications of new psychoactive substances such as Spice, and the impact that they have had in places such as Manchester and certain parts of London. We are providing additional training and support in relation to those substances and their links to rough sleeping, but we must equally continue to take a very firm approach to drugs.

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

The tragedy of hundreds of homeless people dying on our streets is shocking, appalling and shameful, but it is not surprising. It is an inevitable consequence of the Government’s failure to address the root causes of rising homelessness. Research from Shelter shows that the Government’s arbitrary benefits cap is now so low that it is not possible for some households, especially households with children, to even cover the cost of rent in the cheapest areas of the country. Will the Government review the cap and remove this completely unnecessary driver of increased and prolonged homelessness?

[James Brokenshire]

There are a number of causes of people becoming homeless in the first place. For example, security of tenancy is a significant cause, which is why I have consulted on longer tenancies. I will continue to work with the Department for Work and Pensions on universal credit and, where there is evidence, on the links to homelessness. Where further changes may be needed, I will have those discussions with the Secretary of State.

Oral Answers to Questions

Helen Hayes Excerpts

Monday 10th December 2018 Commons Chamber

[James Brokenshire]

We will use the best available evidence to ensure that the relative needs and resources of councils up and down the country are properly taken into account to reflect a number of the important points that my hon. Friend and others have made. We are working closely with representatives across local government to do that.

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

Lambeth Council and Southwark Council have lost £6 in every £10 of Government grant they had to spend in 2010, yet across London the population is rising faster, levels of deprivation are greater, and the cost of delivering services is higher than anywhere else in the country. Will the Secretary of State guarantee that the fair funding review will restore funding to London councils and not result in further cuts?

[James Brokenshire]

We will certainly look at the available evidence on how the relative review of resources is affected throughout the country, and we will take account of evidence from London councils and others. Equally, I hope that the hon. Lady will recognise the announcement in the Budget of additional funding for things like social care. An extra £650 million will go around to councils to help to make that difference.

Private Rented Sector

Helen Hayes Excerpts

Thursday 29th November 2018 Westminster Hall

[Mr Betts]

We made a number of recommendations in our report and—my hon. Friend is right—that was one of them. We recognised that the Government had made some changes to the rules on selective licensing, in line with the recommendation on widening the criteria used to bring about selective licensing schemes in the Committee’s previous report back in 2013. They are also changing the legislation about the definition of properties included in licensing for housing in multiple occupation, which we welcome.

Nevertheless, in essence, our recommendation is that licensing ought to be a local matter, depending on local circumstances. It should be a local decision, subject to the Secretary of State’s intervention only when councils have not followed the proper procedures. As I understand it, the Government are now reviewing selective licensing. One of my questions will be about the state of that review and when it is likely to report.

In our report, we tried to focus on those landlords who are not doing the job that we would expect them to do. To divide landlords up, there are the bad ones, who are not good at getting around to doing things in a timely way—they are inefficient, or incompetent to some extent, and are sometimes accidental landlords. There are then the so-called rogue landlords, who have more systematic failings, leaving a large number of properties in an unacceptable condition. Then there are the really hardcore landlords—we ought to call them criminals, because that is what they are. The criminal landlords run a business to exploit vulnerable tenants in unsafe and unhealthy conditions. They are robbing not merely the tenants but the taxpayer, because they are getting money in and yet not providing homes that are fit to live in. We tried to concentrate on how to deal with those landlords, but our report also recognised actions the Government have taken in a number of respects. Quite reasonably, we highlighted actions that they have taken in response to our previous report on the private rented sector. We are pleased with that as a Committee.

Right at the beginning of the report, we refer to the imbalance of power between tenants and landlords, and to how that needs addressing. However, I will not go through all our recommendations. Instead, I will focus on where the Government have said they will do something—whether that is to consult, review or consider in some way—and ask the Minister where that has got to and what we can expect.

On the Deregulation Act 2015, we call for a review of the retaliatory eviction legislation and guidance on how it has worked. The Government did not seem totally enthusiastic about that at first, but they have now said that they will review the Act, looking at its effectiveness in terms of retaliatory eviction and perhaps at bringing in more formal requirements to have longer-term tenancies. The Government have gone a bit quiet on that since their announcement, so where is that review up to, and when can we expect some announcement?

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

I thank my hon. Friend for securing the debate. I put on record my apologies because I am unable to stay for the duration of the debate—I am hosting an event elsewhere in this place about a related matter, which is housing rent arrears arising from universal credit.

On retaliatory evictions, the Committee recommended reform of section 21 of the Housing Act 1988. There is a growing body of evidence that section 21 should be not only reformed but abolished. In response to our report, the Government stated that, on the one hand, they recognised

“the concerns of the Committee around retaliatory eviction”,

but, on the other hand, that they did not accept our recommendation that section 21 needs to be reformed. They said:

“We believe the current legislation strikes the right balance between the interests of landlords and tenants and we have no plans to change the legislation in this way.”

Does my hon. Friend agree that, without meaningful action on section 21, those are simply empty words from the Government?

[Mr Betts]

I hope that the Minister will come back on that, because we made a clear recommendation, and it would be helpful to have her response to it. The two things go together. Our report called not for the abolition of section 21, but merely for it to be looked at again. The same is true of retaliatory evictions. The Government are looking at one thing, so will they indicate that they might be prepared to look at the other as well, as part of a joint review?

We also called for a specialist housing court. We are pleased that the Government have now announced a call for evidence on the setting up of such a court. Will the Minister explain what will be covered and the likely terms of a housing court’s jurisdiction? Will it cover section 21 notices or retaliatory eviction? Will it cover tenancy fees, which we have recently had legislation on? Will it cover the issues arising from the Homes (Fitness for Human Habitation) Bill from my hon. Friend the Member for Westminster North (Ms Buck)? Will it go so far as to look at the whole matter of leasehold, which we are discussing in another inquiry? Will the Minister explain precisely what it will cover, or whether the Government have ruled on what it will not cover? It would be helpful to have such information.

The first of two other issues we asked to be looked at was that of five-year electrical safety checks. We are pleased that the Government have announced support for that in principle, but when will we get a clear announcement and action on it? In terms of having carbon monoxide alarms not only in every room with a coal fire but every room with a gas fire, I understand that a working group inside the Department is looking at that. Where has that got to? Every day of delay might lead people to lose their life because of carbon monoxide poisoning, which is easy to stop with a very simple measure. Will the Minister give us information about that as well?

We looked at enforcement and local authority powers. That is clearly important, and we questioned the housing health and safety rating system, as we have done before.

--- Later in debate ---

[Mr Betts]

That came up in the Tenant Fees Bill, and the Committee recommended a compromise of five weeks. The Government did not accept it, but we support that recommendation, so as Chair of the Committee I cannot completely agree with my hon. Friend. If I remember correctly, the Government have held a consultation on alternatives to deposits, which is a helpful response to one of our recommendations.

We all agree that we must be as tough as we can be, and tougher still, on bad landlords. I hope the Minister will revisit our recommendation. The really bad, criminal landlords may be banned and have management orders against them, but in the end some of them will find ways around that because it is really profitable for them to do so. They have broken the law once, so they will carry on by ignoring banning orders if they can. Why do we not take the properties off them? Why have the Government resisted that recommendation? The proceeds of crime operate in other spheres. Let us get tough on the bad landlords.

[Helen Hayes]

Will my hon. Friend give way?

[Mr Betts]

My peroration was just about finished, but I will let it be interrupted.

[Helen Hayes]

I thank my hon. Friend. Allow me to add a small example to the point he makes so powerfully. My constituents were evicted from their private rented property after they complained because the bathroom ceiling collapsed over the bath 10 minutes after they had finished bathing their children. I hope the Minister agrees that, in those circumstances, it is not too much of a sanction to confiscate the property from such criminals.

Oral Answers to Questions

Helen Hayes Excerpts

Monday 5th November 2018 Commons Chamber

[Rishi Sunak]

My hon. Friend has met me and others to discuss the cost of delivering services in rural areas, particularly in Leicestershire. His local county council has been a vocal proponent of a new fair funding formula, and I am pleased to tell him that we are engaged with his council and others to take into account those concerns, and we will shortly be issuing the latest round of consultation on those proposals.

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

When one of the councils serving my constituency still faces £43 million of cuts over the next four years—more than the combined total it currently spends on recycling, parks, libraries, children’s centres, roads and pavements, and community safety—does the Secretary of State agree with the Prime Minister that austerity is over, or does he share the incredulity of so many of my constituents who wonder how she could possibly be so out of touch?

[Rishi Sunak]

This Government believe in backing local authorities to build strong communities. The hon. Lady mentioned parks and roads. Perhaps she heard in the Budget about £420 million for our councils to fix potholes this winter. My right hon. Friend the Secretary of State recently announced another round of our hugely successful pocket parks programme, and I encourage her local authority to bid as well.

Budget Resolutions

Helen Hayes Excerpts

1st reading: House of Commons
Thursday 1st November 2018 Commons Chamber

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

This is a Government fiddling around the edges when comprehensive reform is needed, and announcing figures with a flourish in the hope that no one will notice that the sums are inadequate.

When the Chancellor spoke of the end of austerity, my constituents across Dulwich and West Norwood wondered what he was talking about. Lambeth Council, one of the councils serving my constituency, has already lost six in every 10 of the pounds it had to spend in Government grant in 2010, but it faces a further £43 million of cuts over the next four years, which is more than it currently spends on recycling, parks, libraries, children’s centres, roads, pavements and community safety combined. Further cuts can come only from services that are already stretched to the limit. When the Chancellor and the Prime Minister speak of ending austerity but make no pledge to reverse the cuts to local government funding, it should not come as a surprise that councillors across the country of all parties, including thousands of Conservative councillors, react with total incredulity and disbelief. The Government have outsourced austerity to local government in an utterly shameful way.

Adult social care services across the country are at breaking point. The Housing, Communities and Local Government Committee has seen evidence of care home and home care providers handing back contracts to councils that they cannot afford to run, and we know that 1.4 million vulnerable people who are in need of care are not receiving any care at all. A lack of social care capacity continues to present huge challenges for the NHS, both in terms of acute hospital admissions and delayed discharge, and to create misery for countless families who are battling to secure the care that their vulnerable loved ones need. Into this system the Government have announced the injection of some short-term funding to address winter pressures, but there is no short-term fix for care homes that have closed. Dealing with that requires months of planning, refurbishment, recruitment and training, which can be delivered only if there is long-term certainty about funding.

The funding for 2019-20 announced this week in the Budget also falls far short of the £2.6 billion that is widely accepted as the funding injection required just meet current social care needs, and more funding is required to plan for and meet the expanding care needs of our ageing population. Social care funding needs comprehensive reform if we are to create a system that can look after everyone who needs care with the dignity and compassion that any of us would expect for our loved ones. It is testament to a Government mired in internal division and thinking only of how to avoid short-term defeats that they are not up to the challenge of reforming social care and can only find inadequate, piecemeal, short-term sticking plasters.

Children’s services in many local authorities are struggling to fulfil their statutory obligations, still less to proactively support families who may be at risk. There is a crisis of recruitment and retention in children’s social work because of the risks involved in working in a system that is stretched to the limit. Yet the Chancellor’s Budget speech did not even mention this vital frontline service. Schools in my constituency are making extraordinarily difficult decisions to cut teaching assistant and teacher posts in order to make inadequate levels of special educational needs and disabilities funding stretch further, and to sustain extra-curricular activities. School staff are going above and beyond every day to sustain the quality of our local schools. On the Friday before half-term, I and many other parents at my youngest daughter’s school were in tears as we said goodbye to a deputy headteacher with more than 20 years’ service who had taken voluntary redundancy because the school could no longer afford her post. When the cuts are striking at the heart of school communities in this way, the Chancellor’s announcement of a pitiful amount of funding for “little extras” is simply insulting.

Last Friday, I joined a police response team in Southwark on their late shift. We spoke of the huge challenges of increased knife and gun crime and gang violence, moped and cycle-enabled robberies, which particularly affect secondary-age children, and increased burglary. Last night there was a double shooting in my constituency. Members of the team told me how their job is being made harder by cuts in police numbers; by the closure of our local magistrates and youth court, which means that they have to travel much further to attend court to give evidence; and by the larger numbers of people in mental health crisis for whom they end up being the first port of call. Yet the Chancellor announced not a penny of extra funding for neighbourhood policing or for the criminal justice system.

Overshadowing the whole Budget is Brexit, which will create chaos for our economy, cause many businesses to grind to a halt, and drastically shrink the tax receipts that we need to fund our public services. This Budget is a cynical attempt to create positive headlines in the midst of Brexit gloom. My constituents see austerity as it is, because they are living with its consequences every single day. Saying it is over does not make it so. That will require comprehensive reform, and a commitment to empower local government and fund public services that can be delivered only by a Labour Government.

Oral Answers to Questions

Helen Hayes Excerpts

Monday 23rd July 2018 Commons Chamber

[James Brokenshire]

I recognise my hon. Friend’s point and I will certainly look into these matters. I could write to her with some of the details, if that would be helpful.

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

In the last year, just 12% of homes delivered by housing associations—the very organisations set up to deliver affordable homes—were built for social rent. Will the Secretary of State confirm that the social housing Green Paper will acknowledge that the combination of viability assessments and a completely broken definition of affordability is letting down communities across the country that desperately need new social homes to rent?

[James Brokenshire]

I do expect the social housing Green Paper to be wide-ranging and to deal not simply with issues of supply, but with issues of stigma for those living in social housing; I expect it to confront that very firmly. I remind the hon. Lady that we have delivered more council housing than in 13 years of a Labour Government, and we are committed to all forms of tenure.

Oral Answers to Questions

Helen Hayes Excerpts

Monday 18th June 2018 Commons Chamber

[Dominic Raab]

I certainly recognise my hon. Friend’s concerns. In fact, we will shortly be consulting on the barriers to longer-term tenancies to inform our work and assess what further ways landlords can be supported to offer more secure tenancies.

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

The legal framework and guidance governing the relationship between lodgers and landlords has not been updated since 2006, pre-dating the growth in online lettings platforms and the affordability crisis, which has led many more people to become both landlords and lodgers. In this relationship, both parties can find themselves vulnerable. The current framework of protection is not fit for purpose. Will the Government take action to bring the framework that governs the relationship between landlords and lodgers up to date?

[Dominic Raab]

I thank the hon. Lady for her question. We keep these matters and the regime under constant review. If she would like to write to me on the specific things that she takes issue with, we will of course look at them.

Tenant Fees Bill (Fourth sitting)

Helen Hayes Excerpts

Committee Debate: 4th sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Melanie Onn]

I thank my hon. Friend for making that point, which goes to the heart of this. There is no point in doing this if the legislation is not enforced or does not do what the Minister intends—namely, rebalance the relationship of power between tenants and landlords. Enforcement is key, because if rogue landlords do not fear that the fine or the potential banning order will reach them, why would they bother to worry about whether they are operating within the legislation?

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

On the Select Committee, we went to see the licensing scheme in Newham in action. One important feature of that scheme is that the council undertakes proactive enforcement work against properties it suspects are being let by landlords who have not yet registered. It is an important part of the resourcing requirement that councils need to make the scheme as effective as possible, but that has not yet been taken into consideration. Will my hon. Friend comment on that?

[Melanie Onn]

My hon. Friend makes an incredibly important point about being proactive and about the intention of trading standards officers or others to undertake that initial work, rather than just relying on the enforcement element of the legislation. I hope the Minister has heard those points, takes them seriously and receives them in the manner in which they are intended. We will not be pressing this matter to a vote, but we reserve the right to return to it on Report.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Enforcement by district councils

Question proposed, That the clause stand part of the Bill.

Tenant Fees Bill (Second sitting)

Helen Hayes Excerpts

Committee Debate: 2nd sitting: House of Commons
Thursday 7th June 2018 Public Bill Committees

[Melanie Onn]

Q What you said about the fines is timely. I had just written down a note to ask about the limits of the £5,000 fine. We are concentrating quite a lot on the enforcement side, but there is also the element that it is intended to be a deterrent. You clearly do not think that £5,000 is a deterrent.

Alex McKeown: No. At the moment the rogue agents just fold their companies and re-phoenix, or they simply do not pay. There was a case in Redbridge a few years ago. A rogue letting agent was issued with a £5,000 fine by the local authority three times and they carried on trading. They said, “We are not going to pay it and there is nothing you can do.” Obviously, there are criminal sanctions under the Consumer Protection from Unfair Trading Regulations 2008, but when it comes to the fines, the agent continued to trade. They were featured on the Channel 5 programme, but they continued to trade. So the fine is not enough of a deterrent because, ultimately, they just folded their company and the directors walked away.

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

Q I want to revisit the issue of confidence and how protection can be given to tenants to come forward. When the Housing, Communities and Local Government Committee conducted pre-legislative scrutiny of the Bill, we had evidence of the very low expectations of tenants. The quality of accommodation in certain parts of the sector is poor. They are often very vulnerable people and they are proactively told, “This is as good as you can expect and this is what the standard is,” which is combined with the vulnerability inherent in the landlord-tenant relationship and people’s fear of losing their homes. That was reinforced when we went out with Newham Council to do enforcement visits under its selective licensing scheme, and we met tenants who were living in properties that were clearly not fit for purpose and in breach of regulations, but they were told that was fine.

The Bill mentions the need for effective communication with tenants about their rights. We know that the retaliatory eviction legislation is not working and not functioning. How do we get to a framework of protection for tenants that ensures people are sufficiently aware of their rights and also confident enough to come forward and report breaches so that the agents and landlords responsible for those breaches can be put out of business?

Alex McKeown: That is quite a difficult one. The tenants are always going to be scared of being thrown out because so many letting agents do not care about illegal evictions. Again, the housing teams are under so much pressure that they cannot take action when there is an illegal eviction and someone is locked out of their house and loses everything. I go back to having fines against directors as a deterrent and then the criminal sanctions further down the line. Money is always a deterrent to people. They prefer not to pay. They would prefer to have a company criminal record than pay out £30,000. As my colleague says, criminal prosecutions are expensive. It is down to resources, again. What we have often found with the criminal prosecutions is that even with some of the safety aspects, the fine will be £2,000, so we might as well go for the civil penalty—but it is difficult protecting those vulnerable tenants.

Councillor Blackburn: Perhaps I may briefly reflect on our experience in Blackpool of having a very high-profile scheme of selective and additional licensing, working with the local media, and using our own communications channels to get across to people exactly what the council are doing—taking journalists and other interested parties out with us, as has clearly been done in Newham, to see exactly what happens. That has had twin effects. It has raised awareness among tenants that the council is involved and is on their side rather than the side of the landlord. It has also had the effect of some of the worst landlords and letting agents deciding that it is easier for them to go and do business elsewhere. Again, on the awareness-raising side, I think there is a great deal we can do to communicate the fact that “The Government and your local council are on your side here, but you need to take us into your confidence and trust us.”

Alex McKeown: I will just add this: we have all mentioned HMO licensing, selective licensing and additional licensing. I started dealing with letting agents in Newham, so I am well versed in licensing, and I think it works very well in areas with a high percentage of rogue agents, because they will not get the licence, and there is that way forward.

The other thing I will mention is clause 12, which says that trading standards will assist tenants to get their prohibited fees back. As to the likelihood of that happening—it just is not likely. That is one of the problems. However, the Housing, Communities and Local Government Committee report refers in paragraph 99 to tenants being able to go to the first-tier tribunal. What I think would encourage tenants to complain to trading standards and give us statements would be if we could serve our penalty charge notices and, a bit like in a criminal prosecution, add the compensation order for the tenant to our case in the tribunal, rather than saying, “We are going to go to the tribunal with our penalty charges”—and then we have to start a new action in the county court.

It seems disjointed. If we can say to the tenants, “We will get your money back. We are going to deal with this. We will put it into our case, so it all goes into the same tribunal hearing,” I think that will work better. I think that will assist vulnerable tenants a lot more.

[The Chair]

I am jumping in, because I can see we are going to run out of time. I know the Minister is chomping at the bit to have some fun with you, but I am sorry, Ms McKeown, I am going to have to go to the shadow Minister.