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

Kevin Foster Excerpts

Friday 19th January 2018 Commons Chamber

[Kevin Foster (Torbay) (Con)]

It is a pleasure to be called to speak on this Bill. In fact, it is a pleasure to be able to speak on it; before the reshuffle, I would have had to sit where my hon. Friend the Member for Croydon South (Chris Philp) is currently sat. As the former Parliamentary Private Secretary to the former Housing Minister, my hon. Friend the Member for Reading West (Alok Sharma), I know how hard the hon. Member for Westminster North (Ms Buck) worked to reach agreement and come forward with a Bill that would genuinely make a difference. To be fair to her as an Opposition Member, she resisted the urge to make points because she actually wanted to make progress and to deliver for those she represents and serves well in this House.

I welcome my long-standing friend, the Minister, to her place. She probably remembers when we slogged our way across parts of Cheylesmore and Whitley together, delivering her election literature about 13 or 14 years ago. I think I first met her 18 years ago, when I was also helping to put out some literature for her. It was lovely to have her at my and Hazel’s wedding last year. It is great to see her in her place, and to know that she will be following me to respond to the debate.

For those who know that I can speak for a while on a Friday, I have absolutely no intention of attempting to talk the Bill out. I will set out why the Bill is needed, its benefits, why it is a proportionate approach and what I hope its impact will be. Many hon. Members have made their points about why the Bill is needed. I was particularly struck by the figures from the 2015-17 English housing survey quoted in the Library briefing note. The research mentioned that the private rented sector had the highest proportion of properties with at least one indicator of poor housing standards, at 40%. In fairness, the level of non-decent homes in the private rental sector declined from 47% to 30% between 2006 and 2013, but the figures still indicate the need for this type of legislation.

The hon. Member for Sheffield South East (Mr Betts), who is sadly not currently in his place, referred to the housing health and safety rating system, which—I think it is safe to say—is far from perfect. The system is risk-based, and it is hard to see many tenants being able really to grasp what it means and what the balances are.

As was rightly pointed out by my hon. Friend the Member for Taunton Deane (Rebecca Pow) and the hon. Member for Ipswich (Sandy Martin), councils cannot enforce against themselves. If a tenant in a council house is concerned about their landlord, where do they go? They go and talk to their landlord about the poor condition of the property. Introducing this civil remedy makes it possible for a tenant to enforce a legal right against their landlord, which is welcome. It would be bizarre if we said that those looking for social care provided by the local authority could not challenge it legally because the care was provided by the local authority. It is right that we bring in this measure. I welcome the fact that it can sit alongside other areas.

With regard to the housing standards in parts of my constituency such as Melville Hill, Nick Burleigh is a gentleman I probably do not agree with a lot on politics, but in this case we have had similar concerns about the standards of rental accommodation. My hon. Friends the Members for Telford (Lucy Allan) and for Corby (Tom Pursglove) referred to the standards of a type of property in new towns that was innovative 60 years ago and now is anything but. In Paignton, we have Victorian properties that were once grand villas—big places that were used in the summer by aristocratic families—but have now been split into multiple units that are not of particularly good quality, may have a very high turnover of tenants, and are sometimes rented to those who can rent nowhere else. One or two of the photos that Nick has shared on his “We love Melville Hill” website look like something one would expect of the Dickensian era. That is why it is right that we provide this further ability to enforce standards. This is a modern piece of legislation that is grounded in the 21st-century housing market, not just an attempt to revive a piece of Victorian legislation passed in an era when housing standards were very different. It sets a clear standard, brings forward a clear remedy, and makes it possible for a tenant to take action.

Is the Bill proportionate to needs? Many Members have made very clear the problems that poor housing can bring. I certainly see that in some of my own advice surgeries. This should bring absolutely no fear to the vast majority of landlords who provide decent accommodation at reasonable prices. For anyone sitting at home thinking, “But I try to do a good job, and I keep my property in good condition”, this debate is completely irrelevant. The person who does need to be concerned is someone who never picks up the phone to their tenant when there is a complaint, who has just about avoided prosecution by the council a couple of times, and who knows, bluntly, that the property they rent out is not somewhere they would even think of living themselves. Those are the sorts of people who should be listening in.

It is right that this Bill makes progress alongside the inevitable review of the main regulations that we will be having following the incident at Grenfell. It was a pleasure to work on some of that in what was then the Department for Communities and Local Government. As we make progress with the remedy that the Bill gives, we can have a debate about the exact process we go through.

On selective licensing, I support that in some parts of my constituency, but it cannot be applied everywhere. It would not make sense to apply it in my coastal areas. This Bill applying everywhere deals with properties that have an issue. I welcome the fact that licensing was approved to continue in Newham. It is right that local authorities are able to look at whether it is right for their areas and their communities. In parts of Torbay, it would be right to have it.

We need to make it very clear to local authorities—I hope that the Minister will be clear in her response—that this is not about replacing the system of prosecuting those who do not make repairs they have been required to make. It is not a replacement for the criminal law. It cannot be used as an excuse for not prosecuting people. It is an additional right and power on top of what local authorities should be doing. In my intervention on my hon. Friend the Member for Telford, I said that the increased level of civil penalty that councils can now apply has prompted Torbay to appoint someone extra to its housing standards team to be able to increase its enforcement, on the basis that, when it does so, it can apply appropriate penalties. This is, in effect, rogue landlords paying for enforcement against themselves—something I think we would all welcome.

I hope that the Minister will dwell slightly on how she sees the ability to bring this process to court. What discussions will she be having with the Secretary of State for Justice about how it can be taken through? Will it be on the small claims track? How can we make sure that the process is simple and easy to do? How will that be communicated? We do not want a right that sits on the statute book but is then very hard for people to implement.

Overall, the Bill is very welcome, and the tone of this debate has also been extremely welcome. This is exactly what a sitting Friday should be about: we are taking a problem that Members have identified from casework in their constituencies, and plugging a hole in the law and fixing the problem. The Bill will be of benefit to the residents of Torbay, and it will certainly be of benefit in areas that have more acute housing pressures and problems than, thankfully, is the case in Torbay.

The Bill is proportionate in what it sets out to do. As I have said, there will be those listening who will ask whether it is something that landlords should fear. No, it is not, as is made clear by the support of the main landlords associations. The only people who have anything to worry about are those who do not maintain their properties to the standards that tenants deserve.