Renters (Reform) Bill

Debate between Jacob Young and Anthony Mangnall

Report stage
Wednesday 24th April 2024 Commons Chamber

[Jacob Young]

As I said in my opening speech, we are exploring expediting possession for serious antisocial behaviour claims. I am happy to work with my hon. Friend on how we go about that and ensure that it happens before these reforms are fully implemented.

[Anthony Mangnall]

The Minister will find in this part of my speech we will be agreeing vehemently, although the latter part of my speech might not be so agreeable. I am grateful to him for his intervention; I always welcome the opportunity to work with him.

Likewise, in the case of rent arrears, it cannot be acceptable to have a system that allows rent arrears to continue to build for seven months. The amendment would make good on the Government’s commitment that the justice system is fully prepared for the impact of the end of section 21. Again, I am grateful that the Government have decided to accept the point in principle and introduce proposed Government new clause 30, which mirrors my amendment 9, which was supported by so many colleagues. I therefore withdraw amendment 9.

Proposed new clause 1, the repeal of requirement for selective licensing, under my name, would remove the ability of local housing authorities to designate areas as subject to selective licensing. The Bill provides the Secretary of State with the power to develop a new property portal that all landlords would have to join to demonstrate to prospective tenants that the properties they rent meet all required standards. It would be effectively a national licensing scheme. As selective licensing deals only with management quality and not property standards, the changes in the Bill are likely to do more than selective licensing to improve properties.

Since councils will be able to use the portal to access information on all private rented properties and landlords operating in their area, and in view of plans for a decent homes standard for the sector, local selective licensing schemes will be made redundant. In Wales, the introduction of landlord registration led to the end of almost all selective licensing, so it is unlikely that local authorities would pursue costly and complex schemes in future. I take on board the Minister’s comments in his opening remarks.

Selective licensing is an additional cost to landlords, in addition to the property portal and redress scheme. Landlords should not have to be regulated twice and pay twice for much the same thing. Proposed new clause 1 would scrap selective licensing schemes for private rented housing when the property portal goes live. Having both would not enhance protections for tenants, but merely be a duplication. Scrapping them would remove an unnecessary layer of bureaucracy and cost for landlords. I am grateful for the Minister’s opening remarks. I will take the Government at their word that the Dispatch Box commitment to conduct a review of selective licensing will take place at the earliest opportunity.

My new clause 3 would enable courts to consider hearsay evidence during the course of proceedings for possession on the grounds of antisocial behaviour. It is vital that, when section 21 ends, swift and effective action can be taken against tenants committing antisocial behaviour who cause misery for so many neighbours and fellow tenants. To support this, the Government have changed the wording of the discretionary ground to repossess a property due to tenant antisocial behaviour—ground 14. They clarify that any behaviour “capable” of causing “nuisance or annoyance” can lead to eviction. Previously, it was behaviour “likely” to cause a problem.

However, that is not the true problem. The current problem, which is not dealt with by the Bill, is that the main evidence of nuisance is provided by neighbours, as they are closest to the person involved. The changes to the definition of nuisance do not alter the fact that evidence of behaviour needs to be provided, and that will still come from neighbours. However, in so many instances, neighbours are reluctant to attend court and give evidence, in part because the slow speed of the court system means that they will be forced to live near the person that they have reported or helped to evict for several months afterwards.

A better solution would be to allow landlords to use evidence of problematic behaviour that is provided by neighbours complaining by text or email to the landlord or the letting agency. This evidence is not currently admissible, and the courts cannot give sufficient weight to it when deciding whether the tenant is committing antisocial behaviour. This amendment would allow for such evidence to be used by the courts.

In the negotiations and discussions that we had in the run-up to this debate, the Minister’s Department and his civil service team were extremely helpful in highlighting Civil Procedure Rule part 33.3 in relation to

“circumstances in which notice of intention to rely on hearsay evidence is not required.”

Again, the comments made by the Minister are welcome, although I hope his Department will follow this up with the Ministry of Justice. I therefore withdraw new clause 3.

Amendment 5 covers houses of multiple occupancy relating specifically to students. This would mean that the ground for possession for student properties could also be used for properties occupied by one or two students, which would not otherwise have been considered as HMOs.

Ending fixed-term tenancies will be problematic for the student housing market—it would be problematic for the whole Bill—which operates on a yearly cycle, from one academic year to another. Although the Government have recognised that by allowing fixed-term agreements to continue in purpose-built student accommodation, it will not apply, as I understand it, to traditional off-street private-rented housing, often rented to those in their second or third year of studies. This is a concern shared by many in the industry and, indeed, by the Levelling Up, Housing and Communities Committee, which has noted:

“Currently, the proposal is to include this part of the PRS in the tenancy reform, but we conclude that abolishing fixed-term contracts could make lettings to students considerably less attractive to private landlords, as the student market mirrors the academic year and benefits greatly from 12-month fixed tenancies.”

I hope that I have quoted the Select Committee report accurately.

A Government amendment to the Bill made at Committee stage established a new ground for possession—ground 4A—to protect the student housing market. This is to be welcomed. It will ensure that landlords can guarantee that most student properties will be available for each academic year, but it will not protect all student housing. The new ground will cover only houses of multiple occupation; it will not apply to those properties occupied by one or two students. This oversight would be rectified by my proposed amendment. Again, I thank the Government for recognising this and introducing their own amendments 226 and 228, which have addressed that problem.

As I come to my concluding remarks—at last—I wish to make some comment on amendment 10, which has not been selected.

Draft East Midlands Combined County Authority Regulations 2024

Debate between Jacob Young and Anthony Mangnall

Wednesday 7th February 2024 General Committees

[Jacob Young]

I am grateful to the hon. Gentleman for his point. He allows me to draw on the example of Devon and Torbay, in the same area as my hon. Friend the Member for Totnes represents. Just two weeks ago, I signed a level 2 devolution deal there, which does not include a mayor. I grant the hon. Member for Brighton, Kemptown that that deal does not include all the same functions as the one under consideration today, but it devolves power over the adult education budget, creates a new transport authority and puts the future of economic growth in Devon and Torbay in the hands of local leaders. We are keen to promote that throughout the country.

If the hon. Gentleman has examples of where he wants to see devolution in his area, my door is open. I am always happy to discuss the potential for devolution in Sussex and elsewhere.

[Anthony Mangnall (Totnes) (Con)]

The Minister mentioned Torbay, south Devon, Devon County Council and the new devolution settlement. I welcome what he says and the bespoke agreement we have. I will also say that any Members who want to come down and see how it is done are welcome—even the hon. Member for Brighton, Kemptown. Does the Minister agree?

Levelling Up

Debate between Jacob Young and Anthony Mangnall

Monday 20th November 2023 Commons Chamber

[Jacob Young]

The hon. Gentleman misjudged the mood of the House. He talks about local government finances. Last year, we gave local authorities an uplift of more than £5 billion. He asks whether any projects were axed by the methodology that we used—no, they were not. As I say, we set out the methodology online, and I will ensure that there is a copy in the House of Commons Library.

The hon. Gentleman asked what conversations there were with local authorities ahead of any announcement. We have area teams on the ground in all local authority areas, which confirmed with councils that projects were still a priority. They also confirmed with councils whether projects could still be delivered by the deadline. No projects were identified through those conversations that did not qualify this time around.

Further to that, the hon. Gentleman asked about funding simplification and why we are embarking on that. He mentioned the NAO’s concerns. Some of its concerns are legitimate, but we looked at its report and many of the figures dated from March. We have spent £1.5 billion on local places since March. We announced the funding simplification plan in July, in response to the commitment we made in the levelling-up White Paper to simplify the funding landscape.

Finally, the hon. Gentleman described £13 billion of levelling-up funding as “crumbs”. That says it all about the Labour party. It does not recognise the value of anything. We are investing £13 billion in local priorities, and Labour describes that as crumbs. I leave it to the House to determine what it thinks of that.

[Anthony Mangnall (Totnes) (Con)]

I am well accustomed in this place to rejection, and after rounds 1 and 2 of the levelling-up fund, it was disappointing not to see Brixham and Paignton recognised. However, I am delighted today to see that Brixham harbour and the EPIC centre in Torbay business park have been recognised with £20 million of support, which will make a huge difference. Can the Minister reassure me that that money will come in good time and good order, so that we have the ability to deliver as quickly as possible in our coastal communities?

[Jacob Young]

Absolutely. We are delighted to be funding high-tech fish and chips in Brixham. This announcement comes on top of additional funding pots that we have been able to give Torbay, including the levelling-up partnership, on which I am working well with my hon. Friends the Members for Totnes (Anthony Mangnall) and for Torbay (Kevin Foster). The funding will come in due course and we will work with local authorities to ensure that they can still deliver the projects on time and to plan.