Rough Sleeping

Karen Buck Excerpts

Thursday 7th February 2019 Westminster Hall

[Kevin Foster]

Given that heckle, I will be considerate as there are Labour Members who want to speak, even though I am not under a formal time limit.

I congratulate the hon. Member for Bermondsey and Old Southwark (Neil Coyle) on having secured this debate, along with my hon. Friend the Member for Colchester (Will Quince). Rough sleeping is clearly an issue in Torbay, as it is in many other coastal communities. We have the contrast between those people with a £1-million boat in the harbour and a coastal apartment, and the people sleeping on the streets nearby.

The last count showed that 24 people were sleeping on the streets of Torbay. However, the Minister will know that from my time in local government, I have some suspicions about how the rough sleeper count is carried out: it is literally an exercise in going out and spotting homeless people. I suspect it is hard to work out another way of doing it, but if somebody is walking around, even though they visibly could have been sleeping on the street, they do not count towards the statistics. There is even some suggestion that if somebody is stood up with bedding around them, they may not be counted as a rough sleeper, even though most of us would look at them and see exactly what is going on.

The rough sleeper count is a measure that originates from Victorian times, and I am much happier with the way in which the Torbay End Street Homelessness campaign has set about doing a proper survey of those who are sleeping rough on the streets of the bay. Over the course of a week, people have been going out and engaging with those they find; not just spotting someone and saying, “There is someone who is sleeping rough,” but interviewing them about the reasons why they are sleeping rough, what their background is and what types of support services they have engaged with. It is clear that no one gets up in the morning and thinks, “It would be a great idea to go and sleep rough.” Some may feel it is their only choice in life, but we need to engage with those people and get genuine information that allows us to understand what has driven them to that position.

Another charity that works closely with those who find themselves on the streets of Torbay is People Assisting Torbay’s Homeless, a wonderful volunteer organisation that, sadly, is now trying to find a new home. It was removed from one of its previous properties because of a development going ahead, and now finds itself facing possession action by the local council. I certainly hope that the council will not implement a possession order until an alternative base has been found. I accept that the place offered up was temporary, but for PATH to be evicted and literally become homeless would be a rather cruel irony.

There is, of course, Shekinah in Torbay, which has provided a long-standing facility at Factory Row—the Leonard Stocks Centre, to which I used to be one of the closest residents. I recognise some of the comments that other Members have made about the issues that can occur, particularly when residents of such places are targeted, for no other reason than the evil intentions of those who are targeting them.

That leads us on, however, to a wonderful initiative that is happening in Torbay: the town’s night shelter, for which local churches come together and open their buildings to provide an option for those who are sleeping rough over winter. It is not just about having somewhere to keep warm and something to eat; it is about people finding a system of support and friendship, with a family or home atmosphere, to try to get them off the streets for good. Ultimately, it is not spending one night in a church hall that will make a difference to someone; it is having a system of support. I know that the churches in the bay are keen that their buildings should not just be magnificent Victorian structures that people visit on a Sunday morning, but places that really live out the gospel. That is a massive resource, and I know that some others are looking at how they can take it further.

I would certainly like Housing First to be extended into our bay, as we think it would make a great difference. The work of the Mayors of Merseyside, Greater Manchester and the West Midlands in driving that project forward is very welcome, and I do not see why it would not make a difference in Torbay. It has been slightly misconstrued as closing the hostel, but it is not: it is about making sure that people are supported from day one in terms of housing, rather than having to earn a right to housing via being in a hostel for a longer period of time. There will always be a need for emergency accommodation. Other Members have touched on the issue of housing supply, which clearly needs to be dealt with if we are to move forward.

I will conclude with some remarks about the Vagrancy Act 1824, which is a hopelessly out-of-date piece of legislation. I hope that in any review of that Act, we can take a mature cross-party approach, as happened with the Homelessness Reduction Act 2017 and “to your credit, Ms Buck” your campaign for the Homes (Fitness for Human Habitation) Bill the following year. That Bill became an Act, and it made a difference to people.

The 1824 Act is hideously out of date: it is both morally and practically wrong to think that homelessness can be dealt with by hauling people down to the magistrates court. I was only too happy to stand up against the idea of using a public spaces protection order against rough sleeping in Torbay—I did not see that as a practical thing to do at all—and I was pleased that councillors from both the Conservative and Liberal Democrat groups made it clear to the independent administration that it was not something they would tolerate or accept. PSPOs should be used against antisocial behaviour. The act of sleeping rough—a person putting their head down and going to sleep—should not lead to them being arrested by the police; it should lead to them being supported by agencies.

This has been a welcome debate, and one that could probably go on for a lot longer. I hope that we will be able to take some comfort from the Minister’s response.

[Ms Karen Buck (in the Chair)]

Before I call the next speaker, it is obvious to Members that we have three speakers to go, and we will be moving to the Front Bench representatives just before 4 pm. I ask Members to time their contributions accordingly.

--- Later in debate ---

[Mrs Wheeler]

With respect, that is not good enough—

[Ms Karen Buck (in the Chair)]

Order. I advise Members not to conduct conversations bilaterally.

[Mrs Wheeler]

In the constituency of my hon. Friend the Member for Colchester, the number of rough sleepers is down to 13. In Liverpool it has reduced from 33 to 15, in Torbay from 24 to 19, and in the Worthing and Shoreham area from 35 to 11.

Local Government Finance

Karen Buck Excerpts

Tuesday 5th February 2019 Commons Chamber

[Andrew Gwynne (Denton and Reddish) (Lab)]

We expected better from this Secretary of State and wanted to see better from this Government. I thank our dedicated council staff and our local councillors of all political persuasions and none, because, frankly, over the past nine years they have all been hung out to dry by successive Secretaries of State.

This is an Alice “Through the Looking-Glass” settlement. Ministers present a cut as an increase, but back in the real world, what we saw in the provisional settlement, which was reaffirmed last week in the Secretary of State’s written statement to the House, is that there is no new money, no new ideas and no recognition of the dire situation facing councils. Between Christmas and last week the Secretary of State had the chance to change tack, but he has just confirmed to the House that the settlement is identical to the provisional settlement that failed so miserably before Christmas.

Local government is at the heart of our local communities. It looks after the most vulnerable in society and makes our local green spaces cleaner and safer, but under this Conservative Government we have seen unprecedented levels of cuts to our local councils. The fact is simple: between 2010 and 2020, local government in England will have lost more than 60p in every £1 that the Government provide to our communities for services.

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

We just had a debate on the police settlement grant. Does my hon. Friend agree that local authorities are at the forefront of prevention work, so it is particularly tragic that my local authority, Westminster, has removed all funding from youth services, after-school services and holiday schemes and, like authorities all over the country, lost at least a third of early-intervention funding?

[Andrew Gwynne]

My hon. Friend is absolutely right. The fact is that councils are the lynchpin of the provision of proper, cohesive, joined-up services with other agencies, whether housing associations, the police, leisure services or youth services. It is crucial that our councils and councillors are given the resources they need so that we do not cost-shunt from one area of the public sector on to the others. It is self-defeating to cut youth services, early intervention and police budgets at the same time, because we end up in the situation my hon. Friend describes.

Tower Blocks: Dangerous Cladding

Karen Buck Excerpts

Tuesday 22nd January 2019 Commons Chamber

[Kit Malthouse]

My hon. Friend makes an important point of which we should not lose sight: there are types of cladding other than ACM cladding. He will know that the Department issued advice to building owners in December 2017 on how to investigate non-ACM cladding systems on their buildings and remediate them. At the Secretary of State’s request, the expert panel reviewed and updated that guidance in December last year, and it reiterates that the clearest way to ensure safety is to remove any unsafe materials. We have commissioned the Building Research Establishment to conduct a programme of testing on non-ACM materials, and we expect that testing to start shortly.

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

Will the Minister confirm that however strongly worded the letters that he writes to property owners are, they have no legal status whatsoever, so those owners can legally ignore them? Given that, will he tell us what the timescale is for the decision on when he will proceed to legislation; exactly what factors he will bear in mind when he makes that decision; and at what point property owners will know that if they refuse to act, legal action will be taken to force them to do so?

[Kit Malthouse]

Whatever the status of the work that has been done by the Department and of the letters from the Secretary of State, it is bearing some fruit. A large number of companies have taken their responsibilities seriously and are now funding remediation, some of which is quite elderly, and they are doing it for all the right reasons. We are working on the group who have yet to acknowledge their responsibilities and are hopeful of more success on that. As far as legislation is concerned, the hon. Lady will know that just before Christmas we published the Hackitt implementation plan for consultation, along with several other calls for evidence and consultations. Once they are all in and completed, we will produce the legislative programme.

Deaths of Homeless People

Karen Buck Excerpts

Thursday 20th December 2018 Commons Chamber

[James Brokenshire]

My hon. Friend makes a powerful and important point. We have asked NHS England to provide £30 million of funding over the next five years, specifically targeted in this arena, to provide a rapid audit of health service provision to rough sleepers, including mental health and substance misuse treatment. It is right that my hon. Friend makes this point and equally right that we act.

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

May I start by saying how grateful I am to have received confirmation this morning that the Homes (Fitness for Human Habitation) Bill has now become law? I thank the Secretary of State and the ministerial team for all their support with that.

The Secretary of State has said that homelessness is not simply a result of Government policies, and he is right to cite the complex causes that drive people on to the street, but can he help us to explain why those complex causes—whether it is drug and alcohol abuse or relationship breakdown—have coincidentally risen by 170% since 2010?

[James Brokenshire]

First and foremost, let me congratulate and commend the hon. Lady for her work on the Homes (Fitness for Human Habitation) Act. It was a great moment when Mr Speaker was able to underline that the Bill had been given Royal Assent, so that it is now an Act. The hon. Lady championed the Bill so firmly, and we were pleased to support her in taking forward an important piece of legislation that I hope will start to make a real difference in the new year.

I am not going to hide away from the increase in numbers; those figures are profound. This is why we are taking the steps that we are. I pointed to a number of the complex factors that underlie this issue, but the situation is stark. I am not going to shirk from the fact that the number of those sleeping rough has increased. It is unacceptable. I am absolutely prepared to look at all evidence in relation to this issue, so that we not only learn but actually make the difference, ensure that we make rough sleeping a thing of the past and take still further action to prevent homelessness in the first place.

Local Government Funding Settlement

Karen Buck Excerpts

Thursday 13th December 2018 Commons Chamber

[James Brokenshire]

We are moving to a system in which 75% business rates retention will be the norm around the country. In relation to the housing infrastructure fund, we received a large number of bids worth almost £14 billion to deliver 1.5 million homes back in 2017, and further funding has been committed to that. We are looking carefully at this matter because we want to build the homes that our country needs and get the infrastructure in place to deliver them.

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

Will the Secretary of State confirm that local authorities are now housing 82,000 homeless families in temporary accommodation? Can he confirm that that has risen by 5% in the last year and by 71% since 2010, and can he tell us how much it actually costs local authorities?

[James Brokenshire]

I recognise the pressures of homelessness and temporary accommodation, and we have committed £1.2 billion across the board to respond to and deal with the issue. I am committed to dealing with some of the most acute pressures and issues, including rough sleeping. I want us to move towards a situation in which that is eradicated, and we get people into homes and give them the support they need. That is a clear priority for me.

Section 21 Evictions

Karen Buck Excerpts

Thursday 6th December 2018 Westminster Hall

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

I beg to move,

That this House has considered the use of Section 21 evictions in the private rented sector.

It is a pleasure to open this debate under your chairmanship, Mr Hollobone, and to do so in the presence of the Minister. I know that she is responding to a debate on the private rented sector for the second time in two weeks. I apologise for that, but I think it reflects the extent of concern about some of the issues in this rapidly growing housing sector.

This debate is the culmination of a campaign that has been run on behalf of a number of organisations working with private tenants, including Generation Rent most specifically, the London Renters Union, the New Economics Foundation and ACORN, which run the End Unfair Evictions campaign and have encouraged people to speak up about their experiences. The social media presence on the issue demonstrated some quite extraordinary experiences that tenants have had with homelessness and insecurity as a result of the use of a section 21 notice.

The campaign has also received backing from Children England, Independent Age, Age UK London, Crisis, the Salvation Army, Mind, Z2K and Shelter, which gave us a very good briefing on the issue. More than 50,000 people signed a petition calling on the Government to give renters more stability and certainty in their homes by abolishing section 21, which gave us the opportunity to have the debate. The petition ran for 10 weeks and was handed to the Secretary of State for Housing, Communities and Local Government at the end of August.

What is section 21, and why are we specifically concerned about it? Most private and some social tenants now live in assured shorthold tenancies. In order to bring those tenancies to an end, landlords have two options: section 8, which enables a landlord to regain possession before the end of a tenancy on one or more of several different grounds, or section 21, for which the landlord must give two months’ notice of the intention to seek possession. On the expiry of that notice period, the tenancy is not ended, but the landlord can bring accelerated possession proceedings based on the section 21 notice. Unless there is a defence, which can only be that the notice is not valid, the courts must then grant a possession order. If the tenant does not leave, the landlord can seek a warrant of possession and a bailiff’s appointment for eviction.

Section 21 notices cannot be served under specified circumstances, such as when a deposit has not been protected, if the landlord does not have a required licence, after the issuing of a council improvement notice or if the landlord has failed to provide a valid energy certificate, gas safety certificate or a “How to Rent” guide.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

My hon. Friend is making an excellent speech. I have many private renters in my constituency and one issue that they bring up with me about section 21 is revenge evictions. Is that also a concern of hers?

--- Later in debate ---

[Ms Buck]

It is very much a concern. I will come on to retaliatory evictions in a minute when I talk about why we are concerned about the use of section 21 and the balancing alternatives.

Abolishing section 21, which my remarks are aimed at, would, in practice, make fixed-term tenancies irrelevant. I know that the Government are also interested in, and have consulted on, longer tenancies, in order to provide greater security in the private rented sector. Although I am sympathetic to that idea, I am increasingly of the view that, rather than adopt an arbitrary target for the length of tenancies, we should change the framework completely and ensure that the default is a longer tenancy, unless and until the landlord has a legitimate need to recover the property or if there is a fault on the part of the tenant. However, as I will remark later, that must be balanced with other changes that meet the legitimate concerns of landlords.

Why do we need to change this framework? A Conservative Government introduced section 21 of the Housing Act 1988 as part of a deregulatory approach to the housing sector, at a time when the private rented sector was in a very different place from now. It had been in long-term decline over a great many decades, and the Government felt that deregulation would be one way to boost it. Indeed, the sector has been utterly transformed from the landscape we saw 30 years ago, doubling to 4.7 million households. That is by no means solely the result of deregulation; the obvious decline in the social housing sector and the crisis in the affordability of home ownership are also important factors.

The sector also now has a very different profile, compared with a few decades ago. For many of us, renting was a transitional housing tenure. When starting out in life, many of us rented privately—I certainly did for several years—but often on the way to home ownership. Very few of us, particularly those who were bringing up families, expected or wanted to be in the private rented sector for life. However, we are now seeing a change in that profile, with four in 10 private renters now families with children. The recent Rugg review demonstrated that the private rented sector is also home to a growing proportion of highly vulnerable tenants who have been discharged into the private rented sector who would previously have been accommodated through the homelessness route. We are also seeing, inevitably, an increase in the number of older tenants who expect to live out their retirement in the private rented sector, which was extremely unusual at the time of the 1988 Act.

If the sector has changed beyond recognition, policy towards it must also change, to address some of the unforeseen consequences of those developments and to make sure that the sector works well and fairly for both tenants and landlords. A healthy rental sector is important for the housing mix, and it is important to acknowledge its flexibility, often as a starter accommodation. It is also absolutely essential to recognise that most landlords are good and responsible and provide a decent quality of accommodation.

[Andy Slaughter (Hammersmith) (Lab)]

My hon. Friend is right that most landlords are responsible, but that is not really the point. The point is that the 1988 Act, and section 21 in particular, allowed housing to become a commodity. Landlords can simply treat it as an asset to be traded and sold to increase their profits or income. Housing has no structure as a home under that Act. That is the basic flaw.

[Ms Buck]

That is absolutely right. It is important to address the points from landlords. Having seen some of the concerns expressed by landlords in the social media commentary in the build-up to the debate, and having spoken at the Residential Landlords Association conference and at other conferences, one hears from landlords that they feel unfairly treated and tarred with the same brush as the rogue minority, which I think is probably fair. Unfortunately, the rogue minority bring down the sector as a whole. However, addressing section 21 is not about the behaviour of the small minority; it is about recognising that there is now a structural imbalance in tenancies that unexpectedly provide long-term homes for a much wider spectrum of society than was previously the case.

[Wera Hobhouse (Bath) (LD)]

Is it not true that we want to make sure that good landlords remain good landlords? This change is not against them. If they do the right thing, they should not be afraid of what we propose.

[Ms Buck]

It is absolutely true that good landlords should have no reason to fear a change in policy that reflects the differences in the demography of the sector, but I know that some do. It is also fair to say that the minority of landlords, whether we are talking about housing conditions—I acknowledge the Minister’s consensual approach to the Homes (Fitness for Human Habitation) Bill—or security of tenure, bring down the reputation of the sector as a whole, which needs to be addressed.

Some of the better landlords may not have among their number the person who posted on social media before the debate:

“We need to fight to protect section 21…2 months is plenty to find a new rental…although if a tenant has annoyed me I wait to pull the trigger in mid-November to screw up their Christmas”.

That is not the behaviour of the overwhelming majority of landlords, but it is certainly not helpful to their wider reputation.

[Liz Twist (Blaydon) (Lab)]

I thank my hon. Friend for her excellent speech. Does she agree that section 21 evictions can upset the stability of family life? My constituent was forced to move to a different area because her tenancy came to an end, upsetting her caring and family arrangements.

[Ms Buck]

That point is absolutely central to the argument, and I will come to it in a minute.

On the point about the behaviour of a minority of landlords not doing a great deal for the cause of the majority, there was also on social media the letting agent who said in respect of the payment of a tenant’s renewal fees:

“As far as I can see if the tenant doesn’t pay the renewal fee, DON’T renew the tenancy. Simples… You could always serve S21 and replace them.”

That cavalier attitude to security of tenure is completely unacceptable, but we have a legislative framework that allows a number of landlords to behave in that way. I say to people who are doing that, “Guys, you are really not helping your own cause or the cause of the business sector for private rented tenure, and I would advise you to think very carefully about the way you express yourselves.”

What has happened to the use of section 21 over time, and why do we need to consider our longer term approach? It is extremely hard to obtain accurate information from landlords about their use of section 21 notices, and the large majority of tenants who leave assured shorthold tenancies do so after the service of a notice without court proceedings. I think that in the private rented sector debate last week the hon. Member for Harrow East (Bob Blackman) said—I believe this to be true, and have seen anecdotal evidence that it is true—that there are landlords who issue section 21s routinely at the end of a six-month period in order to be prepared for exercising those rights at the end of 12 months. That builds in to tenants’ experience instability of exactly the kind that hon. Members have mentioned today.

The actual number of section 21 notices served is unknowable. However, we know that in 2017 there were 21,439 possession claims under both section 8 and section 21 and 6,260 actual possessions, and a further 29,601 claims and 12,953 possessions under the accelerated procedure. That is a lot of uses of section 21.

We also know from Government homelessness statistics that the ending of a private tenancy on a no-fault basis has become the single largest cause of homelessness, currently representing more than half of all homelessness applications. That is critical. An analysis by Generation Rent claims that 92% of the rise in homelessness cases caused by the end of a private tenancy in London, which of course has the largest share, regionally, of national homelessness cases, can be explained by no-fault evictions. The figure is only slightly lower—88%—outside the capital.

[Andy Slaughter]

The major trauma, of course, is for the tenants being evicted, but there is also an impact on local authorities, because if a landlord is using the section 21 process—often the notices are served at the beginning of the tenancy as protective notices—they are simply using it as a way of regulating their business, knowing that if the tenant is in priority need, they will be picked up in some way by the local authority, which obviously puts additional costs on the taxpayer.

[Ms Buck]

Of course it does. As we have been discussing in the context of the Homelessness Reduction Act 2017, local authorities, because of the sheer pressure of homelessness applications, are also expecting tenants to wait until the court order has been issued and to wait until the bailiffs have been instructed and a date for the bailiffs to arrive has been received before they will consider the homelessness application. Landlords hate that, and one can understand exactly why—because of the insecurity about what happens to their rental payments. But the tenants absolutely loathe it and find it wholly traumatic to have to wait, often with their children, for the bailiffs to turn up before they can be rehoused by the local authority.

Research by the Joseph Rowntree Foundation last year found that the number of private tenants being evicted had risen by one fifth, that the overwhelming majority of the increase in possessions was driven by section 21, and that that was highly concentrated, with four out of five such repossessions being in London and the south-east, where rents are highest. It is precisely that concentration of section 21 use in certain areas correlating with the areas where market rents have risen most rapidly that I think is a real cause for concern.

The London boroughs identified by the Joseph Rowntree Foundation were all in the top 10 for the largest and fastest market rent increases from an initially low level. Although correlation must be treated cautiously, it is hard not to conclude that there is causation between increases in market rent levels and the use of section 21, whether that involves evicting tenants in rent arrears because of high rent levels, or evicting tenants in order to raise rents.

If anything, the flattening off of possession claims over the period 2015 to 2017—that has flattened from a period when it rose very steeply—has happened at a time when the private rental market has been under pressure from several other directions. It tends to reinforce the point that section 21 use reflects wider trends in relation to rents and that, crucially, we cannot stop worrying about it because there has been something of a flattening off in the last couple of years. If anything, now is the moment when we need to review the law, because if rents start picking up again, as over the longer term they almost certainly will, we will find that there will be a further acceleration in its use.

The Residential Landlords Association makes the case that its research shows that in half of all places where section 21 notices are served, that is because there is an alleged fault, such as rent arrears, but that argument is somewhat undermined by the local authority homelessness experience, because local authority acceptances of people who have been evicted from the private rented sector will happen only after there has been an inquiry into the cause of homelessness and it has been found that the homelessness is not a result of fault on the part of the tenant.

Homelessness is therefore a major factor in our wanting to reconsider the use of section 21, but it is of course only the sharp end of a much wider experience of insecurity. Unchosen ends of tenancies are disruptive, expensive and often traumatic for those involved. Having to make frequent moves, especially for families with children and for vulnerable and older tenants, is a deeply negative experience, even when it has not been imposed by a court order.

Shelter estimates that 27% of renters with children have moved three or more times in the past five years. That takes a toll on physical and mental wellbeing and on educational achievement. It also undermines communities and civic engagement. A very powerful case was made a few years ago by the Electoral Commission on the impact of high turnover and churn in the private rented sector. I know from my own casework, as I am sure all hon. Members do, just how distressing parents—it is not only parents, but it is parents in particular—find it to have to move around, changing schools and disrupting support networks. I could have chosen dozens of cases from my own case load to illustrate that point, but I have chosen the details of just one to read out— it is only a few paragraphs—with your permission, Mr Hollobone.

My constituent says:

“I have lived in this area for over 30 years. Due to overcrowding in our family home I was asked to leave in 2010, at which point I made a housing application to”

the local authority. They continue:

“The Council accepted a…duty and provided us with temporary accommodation in East London. We stayed in Dagenham for a short while before being lured back to Westminster by the Private Sector Team, reassuring us that this was a better option…When we signed a private tenancy we were promptly notified that the council has discharged its duty towards us because we have accepted private rent. We only rented for a year before the Housing Benefit was reduced under the new welfare reforms. As we could no longer afford the rent, we were obliged to find alternative accommodation”.

Despite their need for three-bedroom accommodation, they moved into two-bedroom accommodation. The council said that it

“could not and would not help us. I have a local connection as I have my family here. I look after my elderly father”,

who has cancer.

“I have 3 dependent children…attending local schools. I sit on the board of governors and play an active role in the…running of the school. I am…a member of the Parent Council.”

My constituent says that they are

“employed…and have served 18 years”

in their job in the local area. They say they have been served another

“Section 21 Notice by the landlords Agents requiring possession of the flat on 02^nd October.”

That will be the family’s fifth move in eight years. It is a simple example. It involves no fault, no arrears, no bad behaviour on the part of the tenants, but an imposed move of a vulnerable local family, and it is only too typical.

Renting privately is overall less secure than other tenures. Some 860,000 tenants moved between private rentals in 2016, up from 465,000 20 years ago, and one in 10 movers said that their move was down to being given notice by their landlord.

My hon. Friend the Member for Leeds North West (Alex Sobel) talked about retaliatory eviction. A significant minority of tenants fear retaliatory eviction if they make a complaint and so may be deterred from pursuing their rights for fear of the consequences. That unfortunately undermines efforts to improve standards in the private rented sector, despite its having, of all tenures, the highest level of substandard accommodation.

[Alex Chalk (Cheltenham) (Con)]

The hon. Lady is making a powerful speech, and the examples she is giving emphasise why it is important to re-examine the balance in this area; she has made that argument powerfully. Has she made any assessment of what the potential impact could be on the pipeline of available housing? I am always mindful in this place of the law of unintended consequences. I would be interested to hear her thoughts on that.

[Ms Buck]

It is a fair point. As always, a balance has to be struck. The private rented sector is important, and as much as we would like to build more social housing to accommodate some of the people in it, that would take longer than we can afford to take to accommodate the people in the pipeline. That has to be considered. It is fundamentally unknowable, because it cannot be taken out of the context of so many other aspects of housing need and supply, including the Government’s 2015 tax changes, which landlords are extremely concerned about, and the overall number of tenants seeking accommodation.

The fact is that if we get the balance right and remove no-fault from the equation, and if we concentrate on providing a means for landlords who legitimately need to recover their property for whatever reason and deal with some of their concerns about the operation of that system, there is no reason on earth people should regard that as unacceptable.

[Melanie Onn (Great Grimsby) (Lab)]

I know that it is unusual to make an intervention from the Front Bench, but the situation that the hon. Member for Cheltenham (Alex Chalk) describes is simply one of displacement, which would not solve the long waiting lists that people are experiencing for social housing and affordable housing, and would not give anybody security of tenure. The issue he describes is not the equivalent of bed-blocking.

[Ms Buck]

That is absolutely right.

[Andy Slaughter]

To add to that interesting argument, section 21 has been abolished in Scotland, which is a different jurisdiction and a different housing market, and has been replaced by a regime in which there are mandatory and discretionary grounds for possession. As I understand it, the objections from many landlords are about the complexity and the expense of the court process as much as anything. It is quite a difficult argument to put forward—although I am sure that the hon. Member for Cheltenham (Alex Chalk) would do it well—that it is simply too difficult for landlords and it should be unrestricted for that reason.

[Ms Buck]

I am grateful to my hon. Friend for that point. Certainly the landlord associations and landlords make the argument that the court process takes too long and is too complicated and, in many cases, too expensive for them to operate. I am unconvinced by that argument, because the figures that the landlord associations have put forward for the period of waiting for a court date or until a warrant can be issued are significantly different from the figures that the Library has provided for the debate. I am not sure that the associations are not using a different definition of average to make their case.

Obviously, once a landlord has decided that they want to recover a property, they will want to do so as quickly as possibly—that is inevitable—but whether the period that landlords have to wait and the quality of evidence that they have to provide if they are seeking a fault-based eviction should be lowered to make it easier for them, to the point where it effectively allows them to act without due regard for the rights of tenants, is a highly moot point.

[Alex Chalk]

I am entirely persuaded that landlords who issue a notice in a cynical, cruel and egregious way—in an almost deliberately upsetting way—should not be in a position to do so. The difficulty is in what an appropriate pretext or legitimate reason to seek to end a tenancy is. Can the hon. Lady say more about how she would crystallise and identify what amounts to a good cause?

--- Later in debate ---

[Ms Buck]

As my hon. Friend the Member for Hammersmith (Andy Slaughter) said, there is the experience of Scotland. It is early days, because the Scottish changes took effect only last year, but they give us some guidance as to how it might be possible to move forward. It will be good to see how it works when we start to get some figures.

Clearly, where landlords have a legitimate wish to recover the property, because they wish to live in it or make use of it—if it is a landlord’s home and they wish to return to it—that would clearly be a ground. There has to be some guard against that being open to abuse, however, which seems to be the case from some anecdotal evidence in the Scottish experience.

There are also fault-based grounds, such as where a tenant commits antisocial behaviour or is in rent arrears. There are grounds—that work has already been done—and it is completely reasonable that they should be allowed to exist and that, when a landlord takes a claim forward, it should be reasonably expeditious for them to pursue it.

The Government are consulting on the housing court, which I have mixed views about. It is important that tenants should have their interests represented and be legally aided in doing so, but there are questions about how that might operate, so the debate is certainly worth having.

It is absolutely right that a balance has to be struck. The work is well under way to provide an alternative, and that has to be done in consultation with the landlords associations, which have made a thoughtful and responsible contribution. However, we should be concerned about the homelessness experience; the scale of the use of section 21; the insecurity that tenants are experiencing, which has a disproportionate impact on families with children and on vulnerable tenants, as was well explored by the Rugg review; and the dangerous wider perception in the public’s mind that the private rented sector is not somewhere they can expect to enjoy long- term security, but somewhere they are utterly disempowered in cases where that is a reality.

The picture varies in different parts of the country. It is particularly acute in places such as London, where rents have been highest, so I am also extremely pleased that the Mayor of London has undertaken some work on section 21, security and affordability, and that he will make a research-based contribution to the debate.

I urge the Government not to throw this baby out with the bath water. The Government are rightly interested in greater security of tenure, but the framework of section 21 has existed for 30 years and the landscape has been utterly transformed in that time, so we need a fundamental review of the way the system works to make sure that it acts in the interests of tenants as well as landlords. The time is ripe for a more radical approach to resolving the issue and to making sure that tenants get a fair deal.

--- Later in debate ---

[Andy Slaughter]

My hon. Friend is right. We tend, rightly, to focus on bad landlords. I think we all agree that they are a minority, but there is some shocking practice out there. That is nothing new—some of us can still remember the age of Hoogstraten and Rachman. However, I do not think that that is what the debate is primarily about. As I said in my intervention, it is about changing the climate in the private rented sector for good and bad landlords. It is about changing the way in which the private rented sector operates, which is long overdue.

I am often asked to act both for landlords and for tenants in relation to assured shorthold tenancies. A whole industry grew up, partly fuelled by the excellent housing columns in the magazine Legal Action by their honours Nic Madge, who recently retired, and Jan Luba, who is still a sitting judge. Systematically, over many years, they indicated all the areas of housing law where practice was changing and precedents were being set in the higher and lower courts.

A whole industry developed around section 21 notices, which are actually quite difficult to get right. Landlords who think that they can do it themselves often get them wrong. Although they cannot be challenged on the basis that it is a no-fault eviction—the tenant has been a model tenant, and all the other things that we have heard—they can be challenged if they have got it wrong procedurally. Often they have, but it does not get found out.

That should be spotted, frankly, by the judge, even if they are looking at the case on paper—the accelerated procedure for section 21 notices means that often such matters are not heard in court at all. Without the benefit of legal aid and legal advice, it is difficult to expect the tenant to know the process, but often the landlord does not either and it is, in fact, defective. However, it is an indictment of the way in which the housing market runs if we are reliant on catching landlords out on such procedural matters to give people security.

[Ms Buck]

Is it not also the case that, because tenants do not necessarily know their rights or have access to advice, many people leave their properties, and a much larger number of people feel that they have to, upon the issuing of a section 21 notice, before it goes to court, or at the point of receiving a warrant? They then find themselves judged by the local authority to be intentionally homeless because they did not stay until they were required to leave.

[Andy Slaughter]

I know that my hon. Friend is, like me, a great rooter around inside plastic carrier bags when they are brought into her surgery. Often one can find, among many other papers, half a dozen possession notices. Social landlords are better at this—or worse, depending on how one looks at the matter—because they often rather lazily issue notices seeking possession with no intention of pursuing them, the only purpose perhaps being to terrify the tenant. However, private landlords do it as well. They will issue section 21 notices like confetti, either as protective notices, or to try to scare the tenant off or something of that kind.

Although my hon. Friend is right that the advice should always be to stay put, to try to get what legal advice is available and to talk to the local authority housing adviser, one thing that the landlord will say is, “If you don’t go now, there will be costs when, at the end of the two-month period, I issue proceedings, or after that when I issue the bailiff notice, and you’ll have to pay them. It will be several hundred pounds at least, and if you challenge, or attempt to challenge, the action it could be more than that.”

--- Later in debate ---

[Mrs Wheeler]

The hon. Lady says from a sedentary position that I cannot. The absolute truth is that the person must go to the local authority as soon as they get the section 21 notice, and the local authority then has a duty to help them.

[Ms Buck]

They will not.

[Mrs Wheeler]

They will not go? Okay, we will find out.

The hon. Member for Bath (Wera Hobhouse) mentioned affordability. That issue is exactly the reason the Government introduced the £1 billion Build to Rent fund, and the £3.5 billion private rented sector guarantee scheme, to help support the building of thousands of extra homes specifically for private rent. We want Build to Rent to continue to grow and make a significant contribution to housing supply.

--- Later in debate ---

[Ms Buck]

I will not detain hon. Members long. I am very grateful to the hon. Members who came along this afternoon. A number of others indicated that they wanted to come, but are unfortunately queuing in the Brexit debate. There is genuine strength of feeling in Parliament about the need for change. We heard powerful contributions from my hon. Friends the Members for Easington (Grahame Morris), for Hammersmith (Andy Slaughter), for West Ham (Lyn Brown) and for Blaydon (Liz Twist) and the hon. Member for Bath (Wera Hobhouse). I was particularly touched by the contribution of the hon. Member for Cheltenham (Alex Chalk), because in all my years in Parliament, the number of times that anybody has said that they have changed their mind during a debate can be counted on the fingers of one hand, so that is something I will cherish.

I am grateful to the Minister for her usual courtesy, but I was disappointed by her response. I appreciate that Governments always say no until they say yes, but I hope that, beneath the surface, there is more thinking going on about this issue. Although she is absolutely right that the issuing of no-fault evictions is subject to a number of conditions, I do not think it is reasonable to say that they in any way undermine the application of section 21 to the private rental sector. It is a structural source of insecurity in a growing sector, which is increasingly home to families and others who are looking for security.

The Minister quoted the English housing survey, which said that just 10% of tenants said that their landlords had required them to move, but the sector is now home to 4.7 million people, and there is a danger that we look at a low percentage and confuse it with a low number of people who are affected. Actually, a huge number of people are living under the shadow of insecurity. Homelessness is expensive, traumatic and a huge challenge for local authorities, but it is only the tip of the insecurity iceberg. That has been very well documented by the National Audit Office and many others, and there is a solid body of evidence supporting the need to tackle no-fault evictions in order to help us tackle homelessness, particularly in areas of high housing pressure such as London—but that is not the only reason to do so. There is a much wider problem of insecurity. We have heard the case studies. We know from what Generation Rent and other housing charities are telling us, and from other supporting evidence about the impact of high population churn and mobility, which is overwhelmingly concentrated in the private rented sector, that this is a real and growing problem.

The Minister mentioned the cases that come to court. We know that the cases involving section 21 notices that come to court are only a small proportion of the total. People are living under that shadow and they do not like it, particularly when they are trying to achieve stability in their employment, community and family.

I hope that the discouraging tone that we have heard this afternoon about section 21 is not the end of the story. We are 30 years on from the introduction of a legislative framework that is simply no longer fit for purpose. There is no reason to fear, and no reason for landlords to fear, a change in the law, provided it is set in the proper context of meeting their reasonable needs to secure their property in the case of bad tenant behaviour or return to their home if they wish. Those things are entirely possible within the legislative framework. We will have to see how it works in Scotland. Other countries in continental Europe, such as Germany, have this model and do not have a problem. We do not have to live in a deregulatory housing environment.

This issue is not going to go away. I was encouraged to hear my hon. Friend the Member for Great Grimsby (Melanie Onn) reaffirm that the Labour party would take action to end section 21, but I think that should be consensual if possible. We should be able to build a consensus for change. I hope the Minister will go back to the Department and seek to bring about a change. It is time for a fair deal for Britain’s private renters. That is not the only thing we need to do. We need to tackle the issue of welfare reforms and build social housing, but this is a critical tool in the arsenal of attempting to build a fairer and more decent society for the private rented sector. This is an issue to which I know we will return.

Question put and agreed to.

Resolved,

That this House has considered the use of Section 21 evictions in the private rented sector.

Oral Answers to Questions

Karen Buck Excerpts

Monday 5th November 2018 Commons Chamber

[James Brokenshire]

Nobody is ignoring the issue. That is not only why we are legislating to address the inappropriate use of leasehold for new homes, but why I have underlined today the requests that I have made of the Solicitors Regulation Authority and the Competition and Markets Authority. We recognise that there are serious issues, which is why we are taking action. We want to ensure that leaseholders’ concerns are heard and fully understood, and that redress can be provided.

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

2. What guidance he has issued to local authorities on accommodating homeless families outside of their home borough.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I thank the hon. Lady for her question. As usual, I ask people to note my entry in the Register of Members’ Financial Interests.

In December 2017 we updated the homelessness code of guidance for local authorities, chapter 17 of which makes it clear that, when possible, local authorities should place families as close as possible to where they were previously living.

[Ms Buck]

There has been a 40% rise in London households being moved out of London by their local authority, and my own experience shows that local authorities are also moving families in unprecedented numbers away from their community, their children’s schools, their workplaces and their support. The code of guidance is clearly not working, so can the Minister tell us unambiguously that local authorities should, under no circumstances, expect children to commute to school from temporary accommodation for two, three or even four hours every day?

[Mrs Wheeler]

I do understand the particular problem that the hon. Lady is having in Westminster, but it is the London boroughs. We have been clear that placing families out of borough should be a last resort, and we have now committed £40 million to a London collaborative project that will ensure that families are placed in temporary accommodation close to home. We also recently launched the £20 million private rented sector access fund to support those who are homeless, or who are at risk of becoming homeless, to access sustainable accommodation. Finally, our specialist homelessness advisers are working closely with London boroughs in particular to provide support to limit the number of out-of-borough moves altogether.

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.

Oral Answers to Questions

Karen Buck Excerpts

Monday 23rd July 2018 Commons Chamber

[Kit Malthouse]

I commend my hon. Friend for the urgency with which he requires more housing in his constituency, which I know his constituents will appreciate. He is right that one of the issues that this country faces is that the structures that we have put in place have created more of a land speculation industry than a house building industry. We will be looking at a number of solutions to address that problem.

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

My local authority, Westminster, has indicated that it would rather give up £23 million from mayoral funding than hold a ballot on a scheme in Church Street that involves the demolition of 700 homes. Will the Minister have a word with the council and encourage it to involve and consult its communities on major regeneration schemes?

[Kit Malthouse]

I have already been in communication with the leader of Westminster City Council about this issue, which is alarming. I understand that there is a dispute about whether or when a ballot was held. I understand that, with regard to the Church Street regeneration, a ballot has been held in the past. One has to wonder why the Mayor would seek to withhold £23 million from one of the most deprived areas of the city that requires this regeneration.

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

Karen Buck Excerpts

Committee Debate: House of Commons
Wednesday 20th June 2018 Public Bill Committees

[The Chair]

Welcome to the Public Bill Committee on the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill. Before we begin, I have a few preliminary announcements. Please switch electronic devices to silent. Teas and coffees are not allowed during sittings.

Clause 1

Fitness for human habitation

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

I beg to move amendment 1, in clause 1, page 1, line 2, at end insert—

“( ) In section 8 (implied terms as to fitness for human habitation)—

(a) in the heading, after ‘habitation’ insert ‘: Wales’;

(b) in subsection (1), after ‘house’, in the first place it occurs, insert ‘in Wales’.”

This amendment would ensure that the existing section 8 of the Landlord and Tenant Act 1985 (which imposes an implied covenant as to fitness for human habitation but only in relation to leases falling within certain rent limits) will continue to apply so far as relating to Wales. The substituted section 8 introduced by the Bill, which imposes the new implied covenant in relation to England, will be re-numbered as section 9A (see Amendment 2).

[The Chair]

With this it will be convenient to discuss the following:

Amendment 2, in clause 1, page 1, line 3, leave out from beginning to “Fitness” in line 4 and insert—

“( ) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—

‘9A ’”.

This amendment is consequential on Amendment 1.

Amendment 8, in clause 1, page 3, line 45, leave out

“and Liability for Housing Standards”.

This amendment is consequential on Amendment 15.

Amendment 9, in clause 1, page 4, line 2, at end insert—

“9C Application of section 9A to certain dwellings occupied by agricultural workers

(1) This section applies where under a contract of employment of a worker employed in agriculture—

(a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and

(b) the provisions of section 9A (implied term as to fitness for human habitation) are inapplicable by reason only of the dwelling not being let to the worker.

(2) There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.

(3) The provisions of section 9A apply accordingly—

(a) with the substitution of ‘employer’ and ‘employee’ for ‘lessor’ and ‘lessee’, and

(b) with such other modifications as may be necessary.

(4) This section does not affect—

(a) any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or

(b) any remedy for enforcing such an obligation.”

This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the new implied covenant, is consequential on Amendments 1 and 2.

Amendment 10, in clause 1, page 4, line 3, leave out subsection (3).

This amendment is consequential on Amendments 1 and 2.

Amendment 11, in clause 1, page 4, line 11, leave out sub-paragraph (i) and insert—

“(i) after ‘house’, in both places where it occurs, insert ‘or dwelling’;”.

This amendment is consequential on Amendments 1 and 2.

Amendment 12, in clause 1, page 4, line 15, before “any” insert

“in relation to a dwelling in England,”.

This amendment is consequential on Amendments 1 and 2.

Amendment 13, in clause 1, page 4, line 27, after “habitation” insert “of dwellings in England”.

This amendment is consequential on Amendments 1 and 2.

Amendment 14, in clause 1, page 4, line 27, at end insert—

“( ) In section 302 of the Housing Act 1985 (management and repair of houses acquired under section 300 or retained under section 301), in paragraph (c)—

(a) for ‘section 8’ substitute ‘sections 8 and 9A’, and

(b) for ‘does’ substitute ‘do’.”

This amendment is consequential on Amendments 1 and 2

Amendment 15, in clause 2, page 4, line 32, leave out

“and Liability for Housing Standards”.

This amendment would change the short title of the Bill so as to leave out the reference to liability for housing standards (see the explanatory statement for Amendment 16).

Amendment 16, in title, line 3, leave out from “habitation;” to “and” in line 5.

This amendment would remove the second of the objects mentioned in the long title in relation to amendments of the Building Act 1984 making provision about liability for works not complying with the Building Regulations. There are no such amendments in the Bill so this part of the long title is unnecessary. As a consequence it is proposed that the short title of the Bill changes so as to leave out the reference to liability for housing standards (see Amendment 15).

[Ms Buck]

It is a pleasure to serve under your chairmanship this morning, Mr Wilson. I am very grateful to the Minister and to everyone who spoke on Second Reading and who has agreed to serve on this Committee.

The first group of amendments are broadly technical. With your permission, Mr Wilson, I will spend a minute or two setting them in the context of the Bill. I hope that that means we will not have to spend time later on clause stand part.

Clause 1 is, in effect, the Bill. It would amend the Landlord and Tenant Act 1985 to ensure that homes are required to be in a condition that is fit for human habitation at the beginning of the tenancy and throughout the tenancy. Landlords are not currently required to ensure that the properties they rent out are free of potentially harmful hazards. There are statutory obligations on most landlords to keep in repair the structure and exterior of their properties and to repair installations for the supply of water, heating, sanitation and so forth. However, provisions requiring landlords to ensure that their properties are fit for human habitation have ceased to have effect over the past half century as a result of the annual rent limits, which have not been updated.

This short Bill would amend the 1985 Act to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. There is to be an implied covenant in a lease that a landlord must ensure that their property is fit at the beginning of the tenancy and for its duration. Where a landlord fails to do so, the tenant would have the right to take action in the courts for breach of contract on the grounds that the property is unfit for human habitation.

Currently, tenants must rely on local authority environmental health departments to enforce against bad landlords on their behalf. As I found in my research with Dr Stephen Battersby, and as Generation Rent confirmed this weekend in its research, enforcement is wholly inadequate to the task almost everywhere, and non-existent in some places. If the tenancy is with the local authority, the position is even more restricted, since environmental health departments cannot enforce against themselves.

Despite a long-term improvement in housing conditions over recent years, around 1 million properties remain in such a state that they represent a serious hazard to health. That affects about 3 million people who are overwhelmingly the most vulnerable and deserve our protection.

The Bill would do three things: it would ensure that any home has to be fit for the tenant to live in; it would update the fitness standards; and it would apply the legislation to local authority housing as well as to other forms of rented housing. It would do so by replacing section 8 of the Landlord and Tenant Act 1985 in its entirety for England. The proposed new sections in the Bill set out the implied covenant regarding fitness, the various exemptions and the leases to which the implied covenant applies.

There are two groups of amendments to clause 1, the first being largely technical. Amendments 1 and 2 and 9 to 13 address the position of Wales. The Bill extends to tenancies in England only. Housing is a devolved matter and section 8 is a matter for the Welsh Government in Wales. Until any changes are made, sections 8 to 10 of the 1985 Act will continue to apply in Wales in their existing form. The amendments provide for that, while introducing the provisions of the Bill for England.

Amendments 8, 14 and 15 correct the short and long titles of the Bill to remove the wording that originally related to a contemplated clause addressing liability for failure to comply with building regulations. That clause was not brought forward on Second Reading, so the short and long titles should be amended to reflect that.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

It is a pleasure, Mr Wilson, to serve under your chairmanship.

I congratulate the hon. Member for Westminster North on successfully taking the Bill through Second Reading and, more generally, on raising awareness about the importance of improving standards in the rented housing market. I look forward to working with her as the Bill proceeds through its many stages.

We are in favour of these technical amendments and I have nothing more to add.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 1, line 3, leave out from beginning to “Fitness” in line 4 and insert—

“( ) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—

‘9A ’”.—(Ms Buck.)

This amendment is consequential on Amendment 1.

[Ms Buck]

I beg to move amendment 3, in clause 1, page 2, line 7, after “landlord” insert “or other third party”.

This amendment would ensure that a landlord will not be liable under the implied covenant as to fitness for human habitation in circumstances where the required remedial works require the consent of a third party if reasonable efforts to obtain the consent are made but the consent cannot be obtained.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 4, in clause 1, page 2, line 28, at end insert—

“( ) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”

This amendment would extend the implied covenant as to fitness for human habitation in cases where the dwelling forms a part of a building to any of the building’s common parts in which the landlord has an estate or interest.

Amendment 5, in clause 1, page 2, line 38, at end insert—

“‘common parts’ has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;”.

This amendment is consequential on Amendment 4.

Amendment 6, in clause 1, page 3, line 7, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 7.

Amendment 7, in clause 1, page 3, line 20, at end insert—

“(4A) Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.”

This amendment would ensure that the implied covenant as to fitness for human habitation will apply to a periodic or secure tenancy that comes into existence after the date on which the Bill comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that date.

[Ms Buck]

Since Second Reading, I am very pleased to say that, with the co-operation of the Minister and the help of officials, we have been able to bring forward a planned amendment to extend the provisions of the Bill to common parts, which I will briefly explain.

Where a dwelling is part of a larger building—a room, for example, in a home in multiple occupation, a flat in a purpose-built block or a house that has been converted into flats—amendment 4 would extend the implied covenant of fitness, so that the whole dwelling would be fit for habitation, including any part of the building in which the landlord has an estate or an interest. That would include, for example, the outside walls and roof of a block of flats, and the internal common parts where the landlord owns the block.

If the common parts are in such a state that they present a risk to the health or wellbeing of the occupiers of the dwelling, the landlord will be required to take remedial action, subject to any exceptions available under, for example, the main amendments that we have made to clause 1. Amendment 4 is necessary to give effect to the purpose of the Bill, because without it the implied covenant would be restricted to the extent only of the demised property—that is, the flats—and would not catch, for example, fire safety hazards in the common parts.

Amendment 3 would ensure that where a landlord requires the consent of a third party—such as a neighbour, a superior landlord, a mortgage company or a public authority, such as one responsible for giving listed building consent—to carry out the works required to remedy unfitness, the landlord would not be liable if they had made reasonable efforts to obtain that consent but it had not been given.

[Bob Blackman (Harrow East) (Con)]

This is an excellent Bill, which I think we all support strongly. One issue that has raised concerns is the definition of “fitness” and who decides whether a building is fit or not. Is it the individual who has the lease or is it the landlord? Who makes that decision? Is there agreement on that matter with the Government and the Minister?

[Ms Buck]

That matter has indeed been agreed with the Government and is included in the Bill. The Bill amends the fitness standards of the Landlord and Tenant Act 1985 and updates them to incorporate part of the Housing Act 2004, which is basically the housing health and safety rating system. It will therefore be a more comprehensive and updated list.

In some cases, the tenant would still require an assessment to be carried out by the local authority before taking legal action under the Bill. In that sense, this legislation is complementary to the work that local authorities already carry out. In some cases, the tenant will make private arrangements for that, and in some cases the unfitness will be so evident that the tenant will be able to take action themselves by gathering photographic and other evidence that will clearly imply that the property is unfit.

In incorporating the updated fitness standards, we have made sure that we have future-proofed them, because I am conscious that there is a debate about the housing health and safety rating system and the risk-based approach. I am sure that there will be an opportunity to look at that again and consider how it can best be revised. We want to ensure that the Bill can incorporate any changes of that nature in the future.

[Heidi Allen (South Cambridgeshire) (Con)]

The hon. Lady is very kindly clearing up a few items. I am just thinking back to when I owned a flat that was originally in a leasehold property—four flats in a big Victorian house. We collectively bought out the freehold together. Is she content that the wording is tight enough to cover situations where there are multiple parts of freehold owner within one building?

[Ms Buck]

The Bill relates to tenants, not leaseholders. It means that if a tenant is renting a property where there is more than one landlord, the provisions that I have just outlined will apply. The tenant will have recourse through their own landlord, but if the landlord is unable, after making reasonable efforts, to secure permission to make the changes required owing to other obligations, that constitutes an exemption under the legislation.

The wording of amendment 4 follows from the Landlord and Tenant Act 1985, which imposes an equivalent liability on the landlord for section 11 repair obligations. The fitness requirements are therefore very much consistent with the repair obligations that are already well established.

The definition of common parts is taken from the Landlord and Tenant Act 1987 and refers to

“any building or part of a building”

including

“the structure and exterior of that building or part and any common facilities within it”.

The same definition is used in respect of section 11 of the 1985 Act. In effect, the amendments secure consistency between the main statutory repairing rights.

Amendments 6 and 7 clarify that the implied covenant applies to any periodic or secure tenancy arising after the commencement date at the end of the fixed-term tenancy granted before the commencement date. That would include a secure tenancy after, for example, an introductory tenancy, an assured tenancy after a fixed-term starter tenancy, or a statutory periodic tenancy arising at the end of a fixed-term assured shorthold tenancy.

Amendment 4 is the most substantial amendment relating to common parts. We were unable to table it on Second Reading, but I am extremely grateful for the work that has been done by officials working with Justin Bates and Giles Peaker, who were the two lawyers who helped to draft the original legislation. Working on the Bill over the last few months to ensure that it, as a whole, is fit for our purpose and to table these amendments has been an incredibly productive experience for us all. I hope that all hon. Members will support the amendments and clause 1.

[Mrs Wheeler]

I, too, congratulate everyone on the Bill team and all the lawyers who have been working on this matter. This is a sensible amendment that the Government accept and are very happy to support.

[Mrs Wheeler]

I have nothing further to add, other than to say that we support the amendment.

Amendment 3 agreed to.

Amendments made: 4, in clause 1, page 2, line 28, at end insert—

“( ) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”

This amendment would extend the implied covenant as to fitness for human habitation in cases where the dwelling forms a part of a building to any of the building’s common parts in which the landlord has an estate or interest.

Amendment 5, in clause 1, page 2, line 38, at end insert—

“‘common parts’ has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;”.

This amendment is consequential on Amendment 4.

Amendment 6, in clause 1, page 3, line 7, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 7.

Amendment 7, in clause 1, page 3, line 20, at end insert—

“(4A) Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.”

This amendment would ensure that the implied covenant as to fitness for human habitation will apply to a periodic or secure tenancy that comes into existence after the date on which the Bill comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that date.

Amendment 8, in clause 1, page 3, line 45, leave out

“and Liability for Housing Standards”.

This amendment is consequential on Amendment 15.

Amendment 9, in clause 1, page 4, line 2, at end insert—

“9C Application of section 9A to certain dwellings occupied by agricultural workers

(1) This section applies where under a contract of employment of a worker employed in agriculture—

(a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and

(b) the provisions of section 9A (implied term as to fitness for human habitation) are inapplicable by reason only of the dwelling not being let to the worker.

(2) There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.

(3) The provisions of section 9A apply accordingly—

(a) with the substitution of ‘employer’ and ‘employee’ for ‘lessor’ and ‘lessee’, and

(b) with such other modifications as may be necessary.

(4) This section does not affect—

(a) any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or

(b) any remedy for enforcing such an obligation.”

This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the new implied covenant, is consequential on Amendments 1 and 2.

Amendment 10, in clause 1, page 4, line 3, leave out subsection (3).

This amendment is consequential on Amendments 1 and 2.

Amendment 11, in clause 1, page 4, line 11, leave out sub-paragraph (i) and insert—

“(i) after ‘house’, in both places where it occurs, insert ‘or dwelling’;”.

This amendment is consequential on Amendments 1 and 2.

Amendment 12, in clause 1, page 4, line 15, before “any” insert

“in relation to a dwelling in England,”.

This amendment is consequential on Amendments 1 and 2.

Amendment 13, in clause 1, page 4, line 27, after “habitation” insert “of dwellings in England”.

This amendment is consequential on Amendments 1 and 2.

Amendment 14, in clause 1, page 4, line 27, at end insert—

“( ) In section 302 of the Housing Act 1985 (management and repair of houses acquired under section 300 or retained under section 301), in paragraph (c)—

(a) for ‘section 8’ substitute ‘sections 8 and 9A’, and

(b) for ‘does’ substitute ‘do’.”—(Ms Buck.)

This amendment is consequential on Amendments 1 and 2.

Question proposed, That the clause, as amended, stand part of the Bill.

[Ms Buck]

We have had a brief discussion of the amendments in the context of clause 1, so I do not wish to detain the Committee long. Clause 1 is the substance of this short Bill. We had a good debate on Second Reading in which virtually everyone on the Committee today participated.

I am very grateful to my right hon. Friend the Member for Wentworth and Dearne for his kind words. The Bill has caught the moment in terms of housing standards. Although there has been an improvement in the quality of the housing stock over decades, millions of people still remain in unfit housing, including many children. They are often the families and individuals who have the least choice in their housing. They are people with disabilities and long-term health problems, and people on very low incomes. Although a local authority has an important role to play in enforcing behaviour, it is essential that those people have a direct means of redress against the worst landlords.

As my right hon. Friend said, this is just one of many different measures that we would like to see brought forward; the Government have brought some forward and there are other measures we would like to see that would strengthen the role of tenants. We are conducting our business at the same time as the Grenfell inquiry into the worst residential fire in modern British history is going on, and we are reminded of the critical importance of listening to tenants’ concerns. The Bill is one of the ways in which we can reflect those concerns.

[Mrs Wheeler]

I am happy to support the clause.

Question put and agreed to.

Clause 1, as amended, accordingly ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Amendment made: 15, in clause 2, page 4, line 32, leave out

“and Liability for Housing Standards”.—(Ms Buck.)

This amendment would change the short title of the Bill so as to leave out the reference to liability for housing standards (see the explanatory statement for Amendment 16).

Question proposed, That the clause, as amended, stand part of the Bill.

[Ms Buck]

This is a brief clause that allows the commencement of the provisions of the Bill three months after the granting of Royal Assent. As far I am concerned, the sooner the better.

--- Later in debate ---

To conclude, the Government strongly support the Bill. It will make a significant difference to tenants and help drive up standards in both the social and rented sectors. I know that it has attracted wide support across the House, and I look forward to working with the hon. Member for Westminster North as we take the Bill forward. To finish, Mr Wilson, I cannot leave the debate without saying, “the Buck does not stop here.” [Interruption.] It had to be done.

[Ms Buck]

I am not going to even acknowledge that.

I am grateful to the Minister for her positive comments, and I thank all Members who have made a contribution this morning. I thank my hon. Friends the Members for Hammersmith, for Eltham and for Plymouth, Sutton and Devonport, and the hon. Members for Harrow East and for Brighton, Pavilion.

I agree with everything that Opposition Members have said regarding the need for further support. I am concerned, even with the provisions in the Bill, that local authority finances are such that enforcement capacity is stretched. I have seen that myself through the work I have done on environmental health staffing. I do not think that the Bill in any way replaces the need for well-funded local authorities, or for the work that they do on enforcement and supporting tenants. It is a genuine problem. I also agree that there is a need for further investment in legal aid regarding housing, and for early advice. I am grateful to the Minister, who on Second Reading confirmed that legal aid would be available in cases of serious hazard under the Bill, as it is in cases of serious disrepair. However, that is clearly not enough; we know that more needs to be done.

In his short contribution, the hon. Member for Harrow East made a further reference to the issue of fitness. When I responded to him earlier, it was in the context of the definition of fitness, but ultimately—and this is the whole point of the Bill—it will be for the courts to decide on the issue of fitness, on the basis of the evidence that is brought forward. That is the purpose of the Bill, and although there is far more to be done and no one piece of legislation provides an answer to all problems, I believe that it will give tenants an important new power and right. As I have said on many occasions, the measure of success is not how often the new legal power is used, but whether landlords respond to its introduction and recognise that they cannot get away with appalling standards.

Opposition Members have referred to the vulnerability of tenants, particularly homeless tenants in temporary accommodation—one of the passions of my hon. Friend the Member for Mitcham and Morden, who has done so much work on that issue, and of my hon. Friend the Member for Hammersmith. In addition to giving tenants the rights and powers that the Bill provides and, indeed, the other measures that the Minister and the Government are bringing forward, we must recognise that ultimately, if tenants have no choice but to accept their current accommodation because they face restrictions—particularly restrictions on their capacity to afford to find somewhere else to live—they are more vulnerable, regardless of what the retaliatory eviction powers are and how they can draw upon those. Many people will put up with appalling conditions because they simply do not think that they are going to find another property that is suitable for them—for example, if they are working or if their children are in school. That wider context is way outside of the scope of the Bill, but it is a reality.

We have ranged slightly widely on clause 2, Mr Wilson—I am grateful for your tolerance—but we are drawing to a close. I very much thank the Bill team, and I thank Giles Peaker and Justin Bates, without whom none of this would have been possible. I commend clause 2 to the Committee.

Question put and agreed to.

Clause 2, as amended, accordingly ordered to stand part of the Bill.

Title

Amendment made: 16, in title, line 3, leave out from “habitation;” to “and” in line 5.—(Ms Buck.)

This amendment would remove the second of the objects mentioned in the long title in relation to amendments of the Building Act 1984 making provision about liability for works not complying with the Building Regulations. There are no such amendments in the Bill so this part of the long title is unnecessary. As a consequence it is proposed that the short title of the Bill changes so as to leave out the reference to liability for housing standards (see Amendment 15).

Bill, as amended, to be reported.