Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Debate between John Healey and Roberta Blackman-Woods

Friday 19th January 2018 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

It is good to be back debating the Bill again and to speak after the hon. Member for Wells (James Heappey) and the six other very good contributions from Members on both sides of the House who followed the introduction of the Bill by my hon. Friend the Member for Westminster North (Ms Buck). I welcome the Minister for Housing, Communities and Local Government to her new post and to the Dispatch Box for the first time. I am glad that her first outing is on this important Bill. She came to this post from the Whips Office, so if any of her colleagues at the back start to play up, she is the ideal woman to sort them out.

I give the warmest welcome and strongest congratulations to my hon. Friend the Member for Westminster North, whose speech showed just how and why she is one of the best experts and strongest voices on housing in the House. This is her Bill. It is not a handout Bill from the Government, nor one from outside organisations. Over a long period, she has put together the case and the content for this Bill, and she has built the coalition of support behind it, which includes the Residential Landlords Association, Citizens Advice and the Chartered Institute of Environmental Health. I should also make special mention of Shelter, which made the call for this exact change four years ago in its report, “Safe and Decent Homes”.

I welcome the Government’s declared backing for the Bill. I trust that means that Ministers will do all they can to advance its progress to and through Public Bill Committee and the Lords, and on to the statute books. However, this is something of a groundhog day for the Labour party, especially for my hon. Friend the Member for Westminster North. Three years ago, she brought a similar Bill to the House, which the Government blocked. Two years ago, Labour’s Front-Bench team—led by my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce)—proposed the same legal changes via the Housing and Planning Bill, but the Government voted those changes down. The Minister, the Secretary of State and the Prime Minister all voted against the change that day, so today’s Conservative party change of mind is important and significant; and it is important because this Bill is important.

The Bill gives all private, council and housing association tenants the right to take action in the courts if their landlord fails to let and keep a property that is fit for human habitation—fit for people to live in. That will mean homes that are safe from fire, homes with adequate heating, and homes that are free of vermin, constant condensation or mould. This is so basic. In this day and age, it is extraordinary that landlords currently have no such obligation to their tenants. In practice, tenants can often do nothing about such serious hazards that affect their health and safety.

The Bill is important because it deals with a really big problem. Desperately bad, indefensible standards are widespread. More than 1 million rented properties, which are home to 2.5 million people, have these downright dangerous category 1 hazards. Nearly 800,000 households are private renters. A further 244,000 live in council and housing association properties. New Labour analysis from the official data in the English housing survey that we released yesterday shows that almost 700,000 children are growing up in homes plagued by damp, mould, dangerous electrics or extreme cold, with all the costs to their health and welfare that my hon. Friend the Member for Westminster North and other hon. Members on both sides of the Chamber have spelt out to the House.

Councils can of course act to help private or housing association tenants, but last year half of all councils served just one or no enforcement notices. One especially active London council served almost half of all the notices nationally last year. That council was not identified in Stephen Battersby’s report, but I suspect that it is not unconnected with my hon. Friend the Member for Westminster North. Over the past year, my own council in Rotherham has trebled the number of inspections it carries out under the housing health and safety ratings system to 721, and half the properties have been found to be a category 1 hazard. The council prosecuted six, but only six, of the landlords.

May I offer the Minister four questions to work on alongside the passage of this Bill? First, will she make a commitment to increase funding for local council enforcement, as Members on both sides of the House have called for, to help to reverse the deep Government cuts to councils since 2010? Secondly, will she confirm that legal aid will be available for tenants taking action to get their landlord to do the work needed? Thirdly, will she extend legal aid to help tenants to claim damages? Fourthly, during the passage of the Housing and Planning Bill, Labour Front Benchers forced the Government to change the provisions to make regular electrical safety checks mandatory. That has been law for two years. When will it be implemented?

The breadth of support for this Bill is a tribute to my hon. Friend but also telling, especially that from the Residential Landlords Association and the National Landlords Association. The large majority of landlords take their responsibilities seriously and make sure that their tenants’ problems are sorted out promptly. The Bill reinforces what landlords should already be doing. I am glad to say that it follows similar legislation already in place in Wales: the Welsh Government’s Renting Homes (Wales) Act 2016.

As I said, this Bill is important and significant. It is a policy and political landmark to have Conservative Ministers back a Labour Bill to tighten regulation to help renters. The former Housing Minister and now party vice-chairman, the hon. Member for Nuneaton (Mr Jones), stated Tory policy and philosophy in January 2016 when he opposed this change, saying that it

“will result in unnecessary regulation and cost to landlords”.—[Official Report, 12 January 2016; Vol. 604, c. 785.]

This was part of the prevailing Conservative approach to market regulation based on the infamous “two out, one in” rule. The Secretary of State this weekend confirming Conservative backing for this Bill was welcome and a significant shift.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

My right hon. Friend is making a really powerful speech. Does he agree that the Government should be very grateful to my hon. Friend the Member for Westminster North (Ms Buck) for bringing forward this legislation again and giving them an opportunity to overturn their previous opposition to the measures that he has outlined, including during the passage of the Housing and Planning Bill? Will he join me in pressing the Government to implement the measures in this Bill very quickly, because their resistance to them previously has meant that there has been a delay for tenants in getting the protection they very much need?

[John Healey]

My hon. Friend is right. I hope that the Minister will acknowledge the opportunity that this Bill gives the Government. I would rather that it were a Government Bill that also went further to make the private rented market fairer. She is also right that there is too long a history of legislation being passed but implementation lagging. She makes a really important point for the Minister to respond to.

This is a welcome and significant shift that shows that Labour is winning the arguments and forcing Government to change policy. It shows that Ministers are coming to terms with the hard reality of our first minority UK Government in 38 years, with no domestic policy programme. That is because it is not covered by their deal with the Democratic Unionist party. If the Government want to act beyond Brexit, only policies that can command some support from beyond their own ranks will stick.

This Bill is an important first step to deal with the failures in a market that the Prime Minister herself describes as “broken”, but more is needed. Alongside the Government’s backing for the Bill, I therefore urge them to rethink their refusal to help renters in other ways. I also urge them to consider backing the Labour plans for longer tenancies, for controls on rents, and for more freedom for councils to license private landlords.

My hon. Friend the Member for Westminster North said that everyone should have a right to a safe, warm, comfortable home. She is so right. We will give this Bill our strongest possible support.