Renters' Rights Bill (Second sitting)

Debate between Jerome Mayhew and Rachel Blake

Committee stage
Tuesday 22nd October 2024 Public Bill Committees

[Jerome Mayhew]

Q Just on that, every landlord—or the vast majority of landlords—increases the rent annually to take account of inflation and other issues. Is that not right?

Justin Bates KC: There is a famous housing benefit case, which the Commission on Social Security likes to remind us of, that says that Rachman is not the only model of landlord. It is entirely possible not to do that, or to agree sub-ones. Remember that the private rented sector is so difficult to pin down as a single, homogeneous beast. A landlord who lets to someone who is predominantly reliant on welfare benefits to pay their rent will not hike it beyond the inflation rate of the benefit, because all they would be doing is creating a situation in which the tenant cannot pay.

I do not think you are wrong to raise that spectre; I just struggle with how we identify how likely that is to play out, and what the numbers will be in any given period. I do not think, for my part, that we can safely assume that every landlord will go as high as humanly possible, or that everyone will be defended, but on your broad point that there will be a delay, yes, that must be right.

[Rachel Blake (Cities of London and Westminster) (Lab/Co-op)]

Q I want to ask about condition and the decent homes standard. Will you elaborate on how you think that bringing the decent homes standard into the private rented sector can most effectively be enforced? What might you anticipate going forward from the way that the Bill is drafted?

Giles Peaker: What is envisaged is it being enforced by local authorities, and the powers of the local authorities appear to be great. The question, as with existing powers for local authority housing enforcement, is the very variable performance—or the extremely variable performance—between local authorities. Whether one wants to impose a duty on local authorities, rather than a power, would be an interesting question; I strongly suspect that funding demands would follow on from that. But the powers are there and could be very effective; it is a question of the will to utilise them.

We do not yet know what the contents of the proposed decent homes standard will be. It would be good to see a unified standard across social and private tenancies—there is no reason why there should be any distinction between the two kinds of accommodation. The social housing side, as I understand it, will be enforced by the social housing regulator, which is a slightly different situation, but the same standard would apply. Tenants, as it stands, will not be able to enforce the specific standard except by complaint to the local authority.

--- Later in debate ---

[Jerome Mayhew]

Q What has happened with that? If the level is £10,000, does that feel about right to you? Should it be higher or lower, or should there be an improvement in another way?

Judicaelle Hammond: I am afraid that the answer, which is probably for another day, is that it depends. For example, it depends where you are in the country and what kind of rents you are going to be able to charge. I was talking to a member this morning who said, “There is no way I can put the rents up. The people who are paying for it will not be able to cope with an increase in order to recoup that.” We need to look at that carefully and have either a ramp-up system or a different system for exemption, or indeed better or more suitable technology, which might well be coming. My plea on that would be: let us use the time we have before the standards are tightened to improve things like the energy performance certificate methodology and look at alternative technologies as well.

[Rachel Blake]

Q I want to come back to what the Minister said about condition and the introduction of the decent homes standard into the private rented sector. I want to understand this. I think you were saying there is an in-principle objection to the standard but a recognition that the actual standard has not been published. At the moment, the position you would take is to rely on the housing health and safety rating system and the homes fit for human habitation provision. My experience, and I am sure that of many representatives, is that it is difficult to drive up the quality of homes with the HHSRS due to how long it takes to force landlords to acknowledge where they are failing on a particular hazard. Could you elaborate on why you think relying on HHSRS, or even the homes fit for human habitation provision, would be more effective than the decent homes standard both for consumers—tenants—and for landlords in terms of the condition of their assets?

Judicaelle Hammond: It is a question of finding ways quickly to improve things, and using the current regulations. Again, I am not here to ask you questions, but I am really curious about the barriers that you see. If this was enforced properly, you would find ways of doing it. For us, it is a question of asking, “Well, there is legislation already. Why don’t we use it?”

On the decent homes standard, it is less an objection in principle. It is more about taking what we have at the moment and applying it without thought or adaptation to the private rented sector, where some of the conditions might be different. For example—going back to my argument about the availability of trades, maintenance staff, and so on—if you have a large portfolio, that might be doable, but if you do not, you really are in a different position.