Homes (Fitness for Human Habitation) Bill
Debate between Karen Buck and Rupa Huq
Ms Karen Buck (Westminster North) (Lab)
I beg to move, That the Bill be now read a Second time.
When I announced that I was introducing this Bill, there was some surprise that homes could be let that were not fit for human habitation, but, extraordinarily, that is the case in 2015. As long ago as 1885, when the Housing of the Working Classes Act was passed, Parliament first decided that residential rented accommodation should be fit for human habitation. That concept continued in subsequent housing, landlord and tenant statutes, culminating in the Landlord and Tenant Act 1985. In theory, section 8 of that Act places a statutory duty on landlords, covering issues such as damp, mould and infestation. Failure to meet that statutory duty could result in a civil action by the renter for an injunction or compensation. The great weakness of those provisions is that they tie the repairing obligation to rent limits.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
I congratulate my hon. Friend on introducing this important Bill. She mentioned damp, mould and infestation. After this debate, I will be holding my surgery where the majority of cases will be to do with those things as well as collapsed ceilings and so on. Does she agree that these things are brought more closely to our attention now? People show us pictures of them on their mobile phones. Also, the logical extension is the phenomenon of beds in sheds. The London borough of Ealing has the dubious distinction of being a leading geographical location in that regard.
Ms Buck
I am very aware of what my hon. Friend describes. Technology is bringing to the attention of representatives conditions of which many of us were previously unaware.
The extraordinary thing about the Landlord and Tenant Act is that it is based on rent limits that were last updated in 1957. The provisions were of course originally intended to give redress in regard to accommodation rented by the working class, hence the limits. The law as it stands applies only when the annual rent is less than £80 in London and £52 elsewhere in the country. If any hon. Members can find a property where the annual rent is less than £80, I am sure that millions of people across the country would be delighted to know where it is.
At the moment, the weekly average rent in London is £362, which gives an indication of just how far out of line the rent limits are. Many of Britain’s near 9 million renters are well served by their landlords, but for the significant minority who are not there is a long overdue need to strengthen the law, to give improved redress to tenants living in very poor conditions and to correct this bizarre legal anomaly.
The Bill lifts the rent cap above which tenants do not enjoy the legal right to live in a home fit for human habitation. It will enable tenants to bring civil proceedings in the county court when the property is in such a poor condition that it contains a housing health and safety rating system category 1 hazard under the Housing Act 2004 or is otherwise unfit for habitation. The tenant could enforce improvements to the property to make it fit for habitation and seek compensation for the period for which the property was unfit. That brings the law on conditions in substandard properties into line with that on disrepair and complements the duties that lie with increasingly hard-pressed local authority environmental health departments. In so doing, it enacts the recommendations of a Law Commission report that itself dates back nearly 20 years that was subsequently reinforced by decisions by the Court of Appeal.
I am extremely grateful for the support I have had in drawing up the Bill, particularly from the Housing Law Practitioners Association, specifically Giles Peaker and Justin Bates. I am also appreciative of the support of Generation Rent, Shelter, Stephen Battersby, the former president of the Chartered Institute of Environmental Health, and the Communication Workers Union, as well as Adam Johnstone in my office. There have been many constructive comments and much support, including very constructive comments and help from the Residential Landlords Association and the National Landlords Association.
Why is a change in the law necessary after all this time? Quite simply, renting is on the rise, dramatically so, especially in the private rented sector. As I have said, many landlords maintain their properties well and fulfil their obligations, yet the fact remains that standards in the private rented sector are poorer than those in owner-occupation.