Jake Berry
Main Page: Jake Berry (Conservative - Rossendale and Darwen)Private Rented Sector
Jake Berry Excerpts(11 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Jack Dromey
I want to make some progress, but I will gladly give way later.
Families are reeling from the latest waves of energy price hikes and facing ever-greater bills to renew their rail season tickets, and now millions face living in the most insecure of all housing tenures—the private rented sector.
Jake Berry (Rossendale and Darwen) (Con)
I thank the hon. Gentleman for referencing my article, which is on The Spectator’s “Coffee House” and for promoting me to the position of right hon. Gentleman. I agree that we need to increase security of tenure for those in private rented houses. What specific changes referenced in my article would he make to the Housing Act 1988 to ensure further security for PRS tenants?
Jack Dromey
I will come later to the precise point of how to move to longer-term tenancies by linking them, for example, to indexed rents.
Jack Dromey
I will make a bit more progress and then I will gladly give way to both hon. Members.
On security and stability, the private rented sector gives a legal minimum of just six months before the landlord can evict a family, and they can raise the rent by any amount with two months’ notice. We recognise that there are tenants who value the flexibility offered by that form of tenure, and we believe that such flexibility should remain for those who want it. However, the greater number of families with children who find themselves living in the private rented sector, either through choice or circumstance, must be able to enjoy longer-term tenancies so that they can plan where they send their children to school.
In 2011, families with children in the private rented sector were 11 times more likely to have to move than if they owned their own home. There are real costs of such insecurity and instability to children and young people because insecurity holds them back at school. Evidence shows a troubling gap in attainment between children from families who move home at short notice and those who do not. There are real costs to tenants who pay fees when moving home, from administration costs to deposits, often running into thousands of pounds. There are costs to the communities concerned where the bonds that tie us together are weakening.
However, this is not just about tenants, families and communities; the system does not work for landlords either. A report by Jones Lang LaSalle, a respected estate agent services and investment management company, has shown that landlords’ returns and business models are enhanced by longer-term tenancies linked to index rents. The case for longer-term tenancies and predictable rents is clear: it offers landlords secure returns, and tenants who need it—particularly the million-plus families with children—the security they deserve.
Jack Dromey
I agree that there is an institutional barrier, but there is an absurdly short-termist culture in the private rented sector. In fairness, landlords face problems, including, for example, buy-to-let mortgages that insist that tenancies cannot be longer than a year. The question is how we achieve the security and predictability of affordable rents that I have described.
Jake Berry
I should take this opportunity to draw Members’ attention to my declaration of interests—I should have done so in my previous intervention. What change in the law does the hon. Gentleman propose? I accept there is a problem with the banks, which I will address in my speech, but what change in the Housing Act 1988 does he propose?
Jack Dromey
No doubt the hon. Gentleman eagerly read all the Opposition’s proposals in the policy document we published in December. We have said that we will consider—including through a dialogue with the entire sector—a combination of incentives, including, for example, tax incentives. Landlords are vociferous about the impact of—dare I say it—direct payment. On the other hand, we will consider whether we need a change by way of statute. However, our direction of travel is absolutely clear. Those 1.1 million families must have the ability to count on longer-term tenancies, which they need and want. I hope the next stage is for the Government to engage with the Opposition on how we can achieve that necessary change.
Jake Berry
I thank the hon. Gentleman for clarifying his position. Does he therefore agree that no change in the law whatever is required, and that we instead need a change in the culture of letting? Does he also agree that it would be more responsible to talk about working with landlords to try to change that culture rather than about burdening them with new regulation?
Jack Dromey
We are working with landlords. For example, the first thing the Opposition did was work with landlords, letting agents, the British Property Federation and a range of others on the regulation of letting agents. As one, they supported the Labour party proposal for regulation. We are moving forward in dialogue, but we must send an unmistakable message on the destination we must reach. It is then a question of how best we reach it. I hope hon. Members on both sides of the House agree on the destination.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Thank you, Mr Deputy Speaker, for giving me the opportunity to speak on such an important issue. Week after week in my constituency surgeries, and in my postbag, housing has been the No. 1 issue that constituents bring to me. That is why, last October, I launched a campaign aimed at improving the availability of affordable housing in Newcastle. It is also why, when Live theatre, a theatre in the constituency of my right hon. Friend the Member for Newcastle upon Tyne East (Mr Brown), asked me to write a short play on the issues that my constituents face, I focused on housing. By the way, Live theatre is an excellent example of Newcastle’s long-standing support for the arts, now threatened by the Government’s unprecedented and unfair cuts.
In the last month, housing has been displaced as the No. 1 issue, and I am sure hon. Members will be interested to know why. Is it because the Government have succeeded in building more houses, or in encouraging the private sector to do so? No. It is because of their unprecedented attack on the most vulnerable in society, and those working the hardest to improve their lot—the disabled, those on the minimum wage, and those dependent on tax credits. The Government have changed my casework load so that benefits are now the No. 1 issue that constituents bring to me. It is not that housing is less important; it is just that the Government are so busy undermining the resources of so many people that many more are forced to raise the benefits issue with me.
Everyone needs a safe and affordable roof over their head. My hon. Friend the Member for Birmingham, Erdington (Jack Dromey) has described the impact that rogue landlords are having on far too many families up and down the country. In Newcastle, 4,430 households are actively applying for housing. In the first six months of last year, 500 landlords started the process of removing tenants from their home. In that year, only 377 new homes were built. If we want to know why, we must look to the Government’s 60% cut to the budget for new and affordable homes.
Newcastle will get £3 million from the new homes bonus, which is funded by top-slicing, through which we will lose £6.5 million, so we would be better off without the new homes bonus. As a result of the failure to build the homes we need, the housing shortage is growing, and the Government are responsible for pushing private rents up to a record high.
Jake Berry
It is interesting to hear the hon. Lady’s concern about the availability of social housing. Will she join me in regretting the fact that after 13 years of Labour Government, we had 250,000 fewer social houses in this country than we did at the start?
Chi Onwurah
I thank the hon. Gentleman for that intervention, as it gives me the opportunity to highlight an effect of the buying of council houses under the right to buy, which had many positive impacts for some families but had a devastating impact on the availability of social housing in my constituency and in constituencies up and down the country. The Government are only making that worse by reducing the funding available for building new homes, and by creating an economic environment in which construction companies and developers are afraid to invest in building new homes. The Government have been widely condemned for that record.
I believe that private sector landlords perform a useful and desirable service, and we propose to introduce legislation to support them. As the proportion of families in private rented homes increases we should examine the behaviour of private rented landlords and the service that they offer. For example, in Newcastle, the average weekly rent for council housing is £67, and for housing association housing, it is £79. However, for private rented housing, it is £120. In Newcastle, private rented homes are to be found in some of the most deprived wards. Newcastle has 14,000 private rented households—12.7% of the housing market—but 37% of them fail the decent homes standards, and 13.1% do not have central heating, against 3.9% generally.
Labour’s motion calls on the Government to take real action to protect renters—more than 1 million families and rising, and others who live in the private rented sector. I should like to end by quoting from correspondence sent to me by a constituent when she knew that I was speaking in this debate. She said:
“I currently work part-time due to lack of employment prospects and I just cannot afford to rent in Newcastle and still pay all the bills and transport costs. My pay is just not high enough so at 27 I am stuck living with parents, as is my sister. I am not alone in this and I fear for my generation, for whom the only solution to this problem seems to be to hope to find a partner to share the bills with.”
That is why I support the motion.
Jake Berry (Rossendale and Darwen) (Con)
The recent census figures clearly identified the fact that we have a 69% increase in the number of people renting in the private rented sector, often for a sustained period, if not for life. Some people do that through choice, others through necessity. What we need to concentrate on—and I welcome the fact that the Opposition have instigated their second debate on housing since 2010—is how we can extend tenure for people in the private rented sector. As the face of tenancy has changed, it is now time to change tenure.
Assured shorthold tenancy was introduced in 1988, and it was a huge step forward from the restrictive Rent Act tenancies that not only cut rent but often resulted in landlords unintentionally granting lifetime tenure. The effect was to stop landlords investing in property, but as a result of the Housing Act 1988 the private rented sector has grown as an asset class in which people feel confident to invest, and which crucially provides homes to people who desperately need them.
We have heard that 1 million families with children live in the private rented sector. Anyone who wants their son or daughter to go to a local primary school cannot make those plans if all they have is six months’ secure tenure. Those of us who have a mortgage often fix our mortgage interest for three, four or five years because, living in uncertain times, we want certainty. We should not continue to deny that certainty to people in the private rented sector.
The assured shorthold tenancy, which was once the hallmark of a mobile and vibrant private rented sector, is starting to block the aspirations of families, and has damaged their ability to become involved in their local community. It puts a block on their involvement in the big society.
The assured shorthold tenancy must become more family-friendly, and we can do this without changing any law, by reading across lessons from the commercial property sector. Long leases with rent reviews and rolling break clauses have been in vogue in the commercial property sector for more than 200 years. Where we have an increasing number of families renting in the private sector, we need to read across some of the benefits seen in those longer tenancies.
Landlords hate vacant properties—they are expensive and they attract squatters; landlords have to redecorate them; they get no rent for them; and their bank starts agitating and asking, “How are you going to pay the mortgage this month?”
Graham Jones
I accept the hon. Gentleman’s general point, but does he accept—mine is a neighbouring constituency to his, so he will understand this—that landlords are happy to board up flats in regeneration areas or areas in which they think they will benefit, and simply abandon them?
Jake Berry
The hon. Gentleman clearly identifies one of the huge failings of the housing market renewal programmes. We could have another whole debate on that, but we will not have time to cover many of the issues today.
Christopher Pincher (Tamworth) (Con)
On the point about houses being boarded up, it is interesting that my hon. Friend is talking about leading the industry, rather than regulating it. If we make the mistake of over-regulating, will that not have the perverse effect of more houses being boarded up, reducing choice and supply for people who want long-term tenancies?
Jake Berry
I agree absolutely. If we want the private rented sector to remain vibrant and to become the tenure of choice for many people, we have to make it attractive for landlords and for tenants. That is why I commend the Government’s £200 million build to rent fund, which will change the face of landlords and see us move much more towards institutional investors who are interested in longer-term settlements, rather than the accidental landlord who in many cases is new to the sector, plans to sell the house and is looking for a short tenancy while he tries to do so.
The cost of vacancies is huge. Holding a vacant property is not what professional landlords want to do, so as Jones Lang LaSalle pointed out in their recent report, landlords can benefit from a longer tenure, as well as tenants benefiting. If it is good for tenants and for landlords, why is it not happening? My personal view of the solution to the problems of the assured shorthold tenancy failing families is that we should look towards a six-year term with rent reviews, which would give landlords certainty of funding and would give tenants certainty. It would fit quite well with the number of years that young people spend in school.
Those rent reviews could be retail prices index-related. They could just go back to market rent. Landlords would know when their rent roll was going to increase and they could factor that into the rent when they granted the lease. Also, tenants would be able to look forward to rent increases and budget for them now, rather than the landlord putting the rent up after a year to some unrealistic fee, forcing them to move. In addition, those longer-term leases would require realistic break clauses. The great benefit of the assured shorthold tenancy in its current form is that it does not trap tenants in properties. It also does not trap landlords into letting properties for longer than they want to. Any new longer-term tenancy would need realistic rolling break clauses for both the landlord and the tenant.
We do not need to change the law to do this. We need to change people’s hearts and minds to do it. The biggest block is the funding restrictions from banks. Most buy-to-let landlords, if not all of them, in their facility agreements, which I have negotiated on behalf of landlords, will often have a preclusion from granting a tenancy over a year or two years. This is the exact opposite of the commercial property sector, where banks will consent to longer leases because those give them certainty of rent roll and increase the value of the property. Private sector houses with a longer-term lease would have more value, not less.
There is a role—I hope the Minister will continue to lead on it—for the Government to press banks to enable landlords to grant longer tenancies. It is already happening in the Olympic park and we need to do better work to ensure that it is available to more families in my constituency.
Damian Collins (Folkestone and Hythe) (Con)
In the short time available to me, I want to focus on an area of the private rented sector that gives me particular cause for concern. As we have heard, many people’s experience of the private rented sector will be positive. They will have good landlords with an interest in maintaining good properties because they want to supply the market and to have competitive rents and full properties. That is what a lot of people, institutions and organisations entering the sector will want. As we all know, however, the poorer people on lower incomes or in receipt of housing benefit, who are at the bottom end of the private rented sector, tend to get the worst deal. Those are the sorts of people we see in our surgeries, and Members across the House will be familiar with the situation.
I am particularly angered by the behaviour of some landlords maintaining properties in areas where they know there is a shortage of social housing and a high demand for capacity. They will own a lot of cheap, older properties that need a lot of work done on them, and they are guaranteed an almost constant flow of tenants. Some will be enjoying payments of rent and housing benefit directly from the local authority, giving them a controlled and largely guaranteed income. They will know that in most cases tenants cannot afford to move. If the tenants are unhappy, even though they are renting in the private sector, they do not have the freedom that people with more means have in deciding to end the agreement and move somewhere else. People trapped in that situation will not have the means to move and are stuck there.
Although, as I said earlier, local authorities have the power to take action against landlords who are maintaining properties at a low level that is causing risk of harm to their tenants, those landlords know that by the time the property is inspected by the local authority and a request for change is made, to which the landlord may be resistant, months can go by before anything is done, if it is done at all. The tenants are stuck and the landlords can largely do what they want. That is a disgrace, particularly where landlords are in receipt of housing benefit.
Jake Berry
Is not my hon. Friend making a good argument for a massive expansion of selective licensing? Local authorities already have the power to use selective licensing in areas of low demand, and in my constituency that has been used with great success. Is that a good way of regulating landlords?
Damian Collins
My hon. Friend makes an important point. Of course, local authorities do already have the power to do that. As the hon. Member for Birmingham, Erdington (Jack Dromey) said, the London borough of Newham has introduced a licensing scheme across its entire area. This should not be a matter of national policy or a compulsory requirement but something that local authorities should have the discretion to enforce at their will. My concern, though, is that the enforcement of a licensing regime might put rents up, because the landlord will pass the cost on to their tenants, and might restrict the number of properties available in the market. Those concerns were also certainly raised in the consultation that Newham itself ran on the introduction of its licensing scheme.
I wonder whether there should be incentives for landlords to be more responsible in the way in which they manage and maintain their properties. Direct payments are probably a topic for debate on another day, but should not a landlord qualify for direct payments of housing benefits that give them a guaranteed income stream only if they maintain their properties at a certain level?
Mark Pawsey (Rugby) (Con)
It is a pleasure to speak in this important debate. As I said in an intervention, I find it difficult to understand why the Opposition have initiated a debate on this topic at this time, just as the Communities and Local Government Committee is about to start its inquiry. Would it not make more sense to hold such a debate immediately after the Committee produces its report?
The private rented sector plays a significant role in housing provision, and for many people renting privately has become a preferred choice as they look for the flexibility that the sector provides. After owner occupation and social renting, the private sector has become an accepted and effective third form of occupying a home. As Shelter points out, more than 1 million families with children are now renting privately, and many are renting by choice.
In any discussion of the private rented sector it is important to acknowledge how the Conservative Government rescued it. Between 1915 and 1979 owner occupation of social housing increased dramatically, while private rented accommodation fell from 75% of all properties in 1918 to as low as 8% by the 1980s. Only the Housing Act 1988, which introduced radical change under the then Prime Minister Margaret Thatcher, ended the slide of the private rented sector and abolished rent controls.
Jake Berry
Does my hon. Friend agree that the Housing Act 1988—a seminal piece of legislation—clarifies the fact that reducing regulation can improve the sector? It is not always about increasing regulation.
Mark Pawsey
My hon. Friend is entirely right. Until 1988, anybody who owned or had inherited private rented accommodation under the fair rent regime was anxious to sell immediately on taking vacant possession because the returns available in that sector simply did not justify investment in it.
Some serious issues face the private rented sector, including an appropriate concern about rogue landlords—the House has heard accounts of tenants living in substandard accommodation. There are various claims about the extent of rogue landlords, and I hope that when the Communities and Local Government Committee takes evidence it will be able to identify the true extent of the problem. Tenants should feel confident when they enter into an agreement that their landlord will stick to his responsibilities. The question before the House is whether regulation is the best route to deal with rogue landlords, and indeed rogue letting agents. The Association of Residential Letting Agents states:
“With the majority of letting agents operating legitimate, professional practices, one could argue that it is the responsibility of consumers”—
and, in this case, landlords, who in the main are professional people—
“to make an informed decision about which agents they use”.
I agree on that point. I am not convinced the Government should get involved.
Interestingly, in June 2010, the Department for Communities and Local Government stated, as my hon. Friend has, that:
“In the past over-regulation drove landlords out of the rental market.”
Over-regulation would reduce the number of properties to rent and would not help tenants or landlords.
Ian Mearns (Gateshead) (Lab)
In moving the amendment, the Minister referred to a dysfunctional housing market in some areas for 15 to 20 years. When I was seeking re-election as a councillor in 1987, my election leaflet called for regulation of the private sector in the housing market, because in my first term of office, from 1983 to 1987, we came across a range of antisocial behaviours that emanated mainly from tenants in private rented houses in central Gateshead.
In other parts of Tyneside we saw scenarios building up where properties were bought for cash at auction and immediately let to tenants who the landlords knew would cause trouble in the neighbourhood, bringing down the value of surrounding properties, which would then be brought up for cash at auction, and so on. What was behind that? It was the fact that money could be laundered by buying up houses and then getting a legitimate income stream by letting to tenants who would be in receipt of housing benefit.
Ian Mearns
I will not. I am going to make progress.
Ill-gotten gains were being used to buy up properties in order to secure a long-term income stream, paid for by the taxpayer. For some of those private landlords, there is no doubt that the whole idea behind the ploy was that the surrounding properties would also fall prey, and so on, leading to a spiral of decline.
Of the three sorts of rented properties that we normally talk about, the private rented sector is now in receipt of the greatest amount of housing benefit, with £9.2 billion going into that sector. When so much hard-earned public money—£9.2 billion of hard-gotten taxpayers’ money—now goes into the private rented sector, why would we not want to regulate the recipients of it? There are, I am afraid, many rogue landlords all around the country, but housing markets in different parts of the country are very different. By regulating letting agents and management agents, we will be able to protect tenants, reputable landlords and the reputations of trustworthy agents. A national register of landlords would allow local authorities to strike off rogue landlords and stop them receiving public money in the shape of housing benefit for properties that are not well managed, but often cold, damp and dangerous for the tenants.
Frankly, it is a national scandal that public money is going into the pockets of rogue landlords, subsidising them through housing benefit. Although the Government might disagree, I ask them to reconsider, given that regulation of the private rented sector is a two-way stream, with safeguards for landlords and tenants, bringing the support of the law and local regulatory authorities to the aid of both, in what can sometimes be, frankly, murky legal territory.
I note that one Government Member suggested perhaps withholding benefits from landlords who do not maintain their properties, but how would that work in practice without a register? Quite often, the same landlords will have properties in many different locations, and if they are adopting such practices in one place, we can virtually guarantee that the same thing is happening in many others. There are many things in this market that need to be cleaned up, but we should absolutely be doing so, because it is being subsidised by the public purse.
Craig Whittaker (Calder Valley) (Con)
I declare my interest in this topic, as reported in the Register of Members’ Financial Interests.
I support the need to take action against letting agents, and I support action taken against rogue landlords, as I support action against any rogue operating in any sector—whether it be builders, window salesmen, car salesmen or any rogue at all. The answer, however, is not further to regulate the whole sector because of what Shelter calls
“the small but dangerous minority of rogue landlords who are making people’s lives a misery”,
but to enforce what is already in place.
There are currently more than 100 pieces of legislation and regulation, containing about 400 individual measures affecting the private rented sector. Figures from Shelter show that only 487 landlords in England were prosecuted last year from a cohort of about 1.2 million. That is low. What is needed is support for local authorities better to enforce existing regulation to root out more effectively the criminal landlords who blight the lives of tenants.
Jake Berry
Is it not an example of how regulation will not work that the tenancy deposit scheme can be avoided by rogue landlords simply by taking a rent deposit rather than a breakage deposit? Is that not evidence that regulation will always be avoided by criminals?
Craig Whittaker
That is exactly right. In some cases, landlords do not take deposits at all, as I shall explain later.
What is the point of having more legislation and regulation when local authorities are not enforcing what is already in place? Let me point out that a recent English Housing Survey found that 85% of private tenants were either very or fairly satisfied with their landlords, which compares with 81% for social housing tenants.
As an MP, I meet my local landlords association and associations nearby, so I can say that if a stable rental contract that gave renters a five-year term came into force, we would go back to the bad old days of the ’70s and ’80s when landlords advertising their properties would plainly put on the adverts “No DSS”. [Interruption]. It is true. I wonder whether the Opposition Members who proposed this motion ever went out to speak to landlords. If they did, they would find that landlords who rent particularly to the local housing allowance sector often cannot get a bond, let alone four weeks’ rent up front. They have to wait for the local housing allowance payment to come to the tenant before they get paid, and unless they go and collect the rent on the day the tenants are paid, they often find their rents are short.