Homes (Fitness for Habitation) Bill

Karen Buck Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

[Ms Karen Buck (Westminster North) (Lab)]

I beg to move, That the Bill be now read the Third time.

I am very grateful for the cross-party support for this Bill. I will not seek to detain the House, as we have other business, but I will take a few minutes to explain why the Bill is important and should continue its passage through the House.

Living in a cold, damp or unsafe home is hell. It damages people’s physical and mental wellbeing, erodes the income of the poorest households and impacts on children’s education. The most vulnerable tenants are those most at risk of being trapped in substandard accommodation, and they are often the least able to withstand the damage such conditions do, or to fight their corner unaided.

The emails that flow in from constituents—and, indeed, many others, including the hundreds of people who took part in the parliamentary digital involvement exercise before the Second Reading debate—about bad housing conditions make truly heart-rending reading. I am sure that everyone in this House will have received similar representations.

In one of the recent cases that have come to me, a constituent wrote:

“My flat has metal casement windows around 50 years old that were installed when they converted the houses into flats…My kitchen window leaks when it rains. I have video evidence catching water in a bowl as it pours in…The weather is changing into autumn now and I’m worried for my health…it’s difficult to afford to heat my home. I am on benefits so have limited funds. The windows let in a lot of draught so I get very cold in winter. I recently had a level access shower fitted after having spinal fusion surgery last year but in the winter the condensation from the shower forms ice inside the window and it’s freezing in there, everything is damp.”

Another wrote:

“I am tenant of a privately rented accommodation with my partner and two kids…It’s been a struggle to get us out of it as it is not conducive to live in especially for my son who has chronic lung disease, autism, asthma…He was also previously in a coma at St. Mary’s hospital due to a virus caused by excessive cold. The mould and damp in the house turns our clothing, toothbrushes and cups black. I cannot begin to explain how many hospital visits we have had with the ambulance coming sometimes twice a day as my son’s breathing deteriorated. His GP also wrote them explaining his medical condition and this was also ignored.”

Another wrote:

“Hope all is well. I have been complaining about my freezing cold smelly damp mouldy flat for numerous years. The condensation brings in the cold air from outside that makes my flat extremely freezing cold.

I was told to leave my heating on low…I cannot afford to leave the heating on constantly low…in the winter months and when it is really cold I go without food to put the heating on and to try and stay warm. So that has not solved the problem…The cold aches my bones and muscles. The damp and mould affects my asthma. As a type 1 diabetic and asthmatic I am constantly ill living in this flat…I got pneumonia and blood poisoning…I guess the way they are progressing it will be done the day I am being removed from this flat in a coffin.”

Those are the kinds of cases that come to all of us.

[Lyn Brown (West Ham) (Lab)]

I thank my hon. Friend for her speech and, indeed, for the entire Bill, which I genuinely believe will make a massive difference. Will she join me in congratulating Newham Council, which has been a pioneer in taking on bad landlords and making sure that our citizens have homes that are fit for habitation?

[Ms Buck]

I am grateful for that intervention and I will happily congratulate Newham Council, because although it has a problem with its housing stock, it has led the charge on local enforcement. I am happy to give it credit for doing that.

Many landlords take their responsibilities seriously, but still 1 million households across the private and social sectors are forced to endure conditions that harm them or pose a serious risk of harm. According to the latest English housing survey, 15% of private tenanted properties have category 1 hazards classed as a serious risk to the occupier’s health—that is 750,000 households —at least a third of which contain children. A further 250,000 socially tenanted properties have a category 1 hazard under the housing health and safety ratings system, which works out at about 6%.

[Rachael Maskell (York Central) (Lab/Co-op)]

My hon. Friend is making a powerful speech. Does she agree that it is completely unacceptable that in my constituency families of four are living in a box bedroom with only a single mattress on the floor?

[Ms Buck]

I totally agree; overcrowding is a scandalous problem in our social housing, and it is often equated with some of the very poor standards people experience, with damp and condensation linked to overcrowding. These are tragic cases and we urgently need not only an expansion of social rented housing to enable people to escape these kinds of conditions, but the provisions in this Bill and other measures that the Government have introduced.

Landlords currently have no obligation to their tenants to put or keep a property in a condition fit for habitation. A requirement does exist to ensure the structure and facilities such as the heating, gas and water are in repair, but this does not cover issues such as fire safety, heating that is functioning but inadequate, or poor ventilation that can lead to the condensation and mould growth seen in the kind of cases I have outlined. A range of fitness issues seriously affect the wellbeing and safety of tenants and about which tenants can do nothing at all.

For private and housing association tenants, it is possible for the local authority to enforce fitness standards under the housing health and safety rating system, under the Housing Act 2004, but there is a huge degree of variability across councils in terms of inspection, the issuing of notices and enforcement rates. About 50% of councils have served none or only one Housing Act notice in the past year. One London council, Newham, which has an active enforcement policy, accounted for 50% of all notices served nationally and 70% of those served in London. A freedom of information inquiry by the Residential Landlords Association found an average of just 1.5 prosecutions per council, and my own freedom of information research found that enforcement action of any kind accounted for only 1% of the estimated number of category 1 hazards. That means there is a complete postcode lottery on the prospect of councils taking steps, with the real prospect being that the council will not do so.

For council tenants, the decent homes standard requires homes to be free from category 1 hazards, and considerable progress was made in improving the quality of housing stock, thanks to the decent homes initiative, but the 2004 Act and housing health and safety rating standards have little impact, as local councils cannot enforce against themselves. So council tenants have no way to enforce, or seek to have enforced, fitness standards, including fire safety, if their landlord does not do anything. The Bill enables all tenants, whether private or social, to take action on the same issues and standards as local authorities can.

[Chuka Umunna (Streatham) (Lab)]

May I shower a huge amount of congratulations on my hon. Friend, because this Bill will make an immediate difference in my constituency? For all the case examples she has described, we see exactly the same thing in my constituency. I am pleased the Government appear to be supporting the Bill. If this Bill passes, we need to make sure that tenants all know that they have this power she is proposing to give them and this ability to enforce their rights. Does she agree that it is important that if the Government are going to support this Bill, they make sure that everybody knows they will be empowered to do something beyond what the local authority can now do for them?

[Ms Buck]

I am very grateful to my hon. Friend for his intervention and for his congratulations. I totally agree that in addition to the legislation we pass in this House it is crucial that we use all the tools of government communications to get a message out that people have rights, that they need to be able to exercise them, and that they need to know how and where they can go in order to do so. I am sure that the Minister will support that point.

This Bill will enable all tenants, whether private or social, to take action on the same issues and standards as local authorities, following recommendations made by the Law Commission and the Court of Appeal dating back some two decades. This is therefore very much a legislative updating whose time has come. The effect of the Bill will be that the tenant will be able to take action against the landlord to make them put right any problems or hazards that make their dwelling unfit, and the tenant could seek compensation when the landlord has not done so.

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

I congratulate my hon. Friend on introducing this important Bill. Many of us will have received representations from private landlords who are screaming about the impact of this Bill on their ability to make profit. Let us be absolutely clear: if someone cannot make profit by providing a clean and safe place for people to live, they should exit the game completely.

[Ms Buck]

I totally agree with my hon. Friend on that. It is also fair to say that the majority of good landlords are happy to endorse that view, because their reputation is dragged down by the behaviour of the rogue minority.

The Bill is not intended as a replacement for the work of local authorities but is complementary to it, enabling tenants to take action where the council has not done so or cannot do so. For all new tenancies after the Bill comes into force, it would make it a right to have a home that did not create a risk to the health and safety of its occupants. As the excellent House of Commons Library briefing on the Bill says:

“The Grenfell Tower fire has focused attention on housing standards in the social rented stock and also in privately owned blocks of flats.”

So I am also pleased to say that the Bill was amended in Committee, with the support of the Government, to extend the fitness obligation to the building within which the dwelling forms part. So the tenant of a flat, a room or part of a shared house will be able to enforce against defects, including fire risks, that threaten their health or wellbeing in their home, even if the defect is in another part of the building.

It has been marvellous to have secured Government backing for this Bill, even to the point of strengthening it. We have had support from across the spectrum. It has come from bodies ranging from the National Landlords Association and the Residential Landlords Association, to the Chartered Institute of Environmental Health—CIEH—the Association of Residential Letting Agents, Shelter, Generation Rent, the Law Society, Mind, the National Housing Federation, the Local Government Association, Citizens Advice and others.

[Andy Slaughter (Hammersmith) (Lab)]

I am delighted to say that the Government have now got behind the Bill, as that is very welcome. Does my hon. Friend agree that it would also be useful if they gave more security to private tenants, because that is necessary to ensure that they are not evicted as a result of reporting faults, and if they restored early legal advice for housing matters, because without that it is going to be difficult to enforce this?

[Ms Buck]

I totally agree with my hon. Friend on that. This Bill is one tool and there are many others we need to adopt to ensure that tenants have a full range of rights and, indeed, are protected against retaliatory eviction. That is outwith the scope of this Bill, but there is much more we will seek to do and will no doubt be pressing the Government to do, on matters ranging from security of tenure protection to the provision of legal aid and advice services

I have always believed that politics is a collective effort. For most of us, most of the time, what we do in here is part of a team effort. Although that can sometimes drift into tribalism, there is no shame in the fact that politics is not primarily about what we do as individuals. Private Members’ Bills are one of the few ways in which we, as individual Back-Bench MPs, can make a difference, but in truth this, too, has been a team effort. I am grateful to the Minister and to the officials, who have been brilliant; it has been a joy working with them on this Bill. I also thank all the MPs, from both sides of the House, who spoke on Second Reading, who served in Committee and who are here today to see us through Third Reading.

[Will Quince (Colchester) (Con)]

May I, too, congratulate the hon. Lady on introducing this important Bill? It has been a pleasure to serve on the Bill Committee. Does she agree that this is a shining example of the huge amounts that can be achieved when Back Benchers work with the Government?

--- Later in debate ---

[Ms Buck]

I do agree with that. In the end, what we want to do here is to make changes, and it is hard for individuals to do that without having that kind of support, including from the Government.

Information, help and lobbying came from all the organisations I have mentioned, and very much from Sam Lister at the Chartered Institute of Housing and Stephen Battersby, the former president of the CIEH. But none of this would have happened without the inspiration and commitment of Justin Bates and Giles Peaker, the housing lawyers who brought forward the concept of this Bill and have given their time and their considerable brains to it for the past three years. I can only offer my inadequate thanks to them for that effort, but I will say that if anyone can claim credit for securing this important step forward in the protection of tenants, it is them. With that, I conclude my remarks and commend this Bill to the House.