Oral Answers to Questions

Debate between Kevin Foster and Eddie Hughes

Wednesday 24th April 2019 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

I appreciate that the shadow Minister’s point is about the time to make a declaration rather than the registration deadline. She will appreciate that the Government’s approach needs to be determined by the law and what affects it, but I am happy to look at the issue, respond to her in writing and lay a copy of that response in the House Library.

[Eddie Hughes (Walsall North) (Con)]

T3. What steps are Ministers taking to encourage the use of innovative technology for the delivery of public services?

Homes (Fitness for Habitation) Bill

Debate between Kevin Foster and Eddie Hughes

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

[Eddie Hughes (Walsall North) (Con)]

It is a pleasure to follow the hon. Member for Westminster North (Ms Buck) and a privilege to be here to support the Bill. I speak as an accidental landlord myself: when my second wife and I got together 10 years ago, she was shrewd enough to want to hang on to the property that she had, just in case it did not work out, and 10 years later we are still renting out that property. I believe that we are excellent landlords, and that is because it makes financial sense and moral sense: if we maintain our property to a high standard, we will retain our tenant. There are, though, parts of the country where that is not the case—where demand outstrips supply. Some 1.2 million houses have been identified as non-decent. That is clearly appalling and I am delighted that the Bill will address it.

In October 2015, legislation was introduced putting an obligation on landlords to provide a smoke detector on each storey of a property and to provide a carbon monoxide detector if the property has solid-fuel-burning appliances, such as a wood-burning stove. I introduced a private Member’s Bill that would have made it an obligation for landlords to provide a carbon monoxide detector in all properties, socially and privately rented, in which any fuel is burned and carbon monoxide produced. That is an absolute necessity to ensure that all homes are fit for human habitation and do not present a danger to the occupants.

[Kevin Foster (Torbay) (Con)]

My hon. Friend is making some interesting points based on his experience in the social rented sector. Does he agree that no landlord should have any problems with the Bill and that we should be clear that it will create an additional power to help tenants, not replace the powers that councils have?

[Eddie Hughes]

When we consider how many properties are rented out, for both social and private purposes, it is important that they are all as safe as possible.

Unfortunately, when I became a Parliamentary Private Secretary in the Ministry of Housing, Communities and Local Government, I had to step down from my position as chair of the board of Walsall Housing Group, a housing association with 20,000 properties in Walsall. I had been leaning very heavily on the association to get it to provide carbon monoxide detectors in its properties, and I believe it now does that for all its new build properties. I shall continue to try to influence the association to do that in its existing social rented properties.

I completely support and endorse all elements of the Bill and look forward to its becoming law.

--- Later in debate ---

[Kevin Foster (Torbay) (Con)]

It is a pleasure to speak in this debate and to give my support to what is a welcome and timely Bill. It is welcome that I am able to speak on this matter. While I was in the Department for Communities and Local Government, I would have been unable to do so, but now that I have the joy of being in the Cabinet Office I can, although I have to be careful not to go into some of the issues around Grenfell, given the ongoing inquiry for which the Cabinet Office is responsible.

It is welcome that the Bill has cross-party support today. In summing up, I know that the Minister will want to reflect on how the Government will take it forward and how they will publicise these rights, as was touched on earlier. A key point to make is that the Bill is about additional powers; it is not about replacing the role of local authorities. That clear message will have to be given through local authorities. I accept that the vast majority of them will act on that basis.

A tenant who makes a housing standards complaint should not just be told that there is now an opportunity to pursue it via a civil route; the Bill is about providing an opportunity to pursue complaints via a civil route in addition to the housing standards enforcement work of local authorities. It would be helpful if, in summing up, the Minister reflected on what promotion and engagement work might be done with local authorities to ensure that that is clear in their approach.

A landlord in my constituency came to see me after my speech on Second Reading, when I said that the Bill was absolutely needed because of the actions of a small number of people. They were concerned about the Bill. I said quite bluntly that if they were concerned about a standard that meant they had to maintain their property as fit for human habitation, they really were in the wrong place entirely. Being fit for human habitation is about the lowest standard one can imagine for a property. It covers basics, such as making sure that the heating is on, that there is not undue damp, that it is safe and that the windows are fixed. It really is not the highest of standards. It is therefore right that there is another way for tenants to enforce it.

As my hon. Friend the Member for Walsall North (Eddie Hughes) said, most reasonable landlords will not fear the Bill at all; they have no reason to fear it. If people are maintaining a reasonable property, the Bill is utterly irrelevant to them. It will never have any impact on them; it will not change how they run their business; and it will not cost them any money. The only people who need worry are those who constantly ignore reasonable requests for repairs, those who have just about avoided prosecution on a couple of occasions because their actions did not quite come up to the criminal standard that is used for local authority offences and those who skimp at every opportunity. Those are the landlords who need to worry.

Landlords who are part of a quality assured system and who work closely with groups such as the Devon Landlords’ Association have absolutely nothing to worry about and will see absolutely no change to their business. As I said on Second Reading, the vast majority of landlords provide reasonable properties at a reasonable rent. Those who do not are the ones who will have to think about the implications of the Bill.

As the Bill covers civil matters, when they go to court they will be dealt with on the balance of probabilities, rather than against the criminal standard. Being able to enforce something as a civil matter gives a court slightly more leeway. When things are done to the criminal standard—beyond reasonable doubt—different evidential standards apply.

[Eddie Hughes]

With reference to recourse to the law, does my hon. Friend recognise that tenants who have complained about repairs are 50% more likely to be evicted?

[Kevin Foster]

I thank my hon. Friend for his intervention. He will realise that I have to face the House and am not deliberately turning my back on him as I reply. He is absolutely right that if someone makes a legitimate complaint to their local authority or pursues a case under the Bill, there must be clear actions to be taken if so-called revenge evictions take place.

I am conscious that that danger may vary between areas. In some parts of the country, a large amount of housing may be available at reasonable prices, although I accept that affordability is an issue across the country. However, in other places, particularly the area represented by the promoter of the Bill, the cost and availability of housing are huge issues. The threat of having to move out is much more significant in such places than somewhere where people could just move down the road. There is a need to tackle revenge evictions, because if revenge evictions are the result of the Bill, it will not be a success.

Again, the vast majority of landlords respond to complaints fairly and reasonably and will work with their tenant in their mutual interests. If the landlord has a long-standing tenant, they do not have to pay agency fees to relet their property. Likewise, the tenant is able to make more of a life for themselves and does not have the disruption to their family life and their children’s schooling that comes with regular moves.

My hon. Friend the Member for Walsall North, as always, brings his vision and knowledge to this debate, and rightly highlights that we must not only ensure that the powers are used, but that revenge evictions do not take place.

Middle Level Bill

Debate between Kevin Foster and Eddie Hughes

Consideration of Lords Amendments to the Bill: House of Commons
Tuesday 16th October 2018 Commons Chamber

[Eddie Hughes (Walsall North) (Con)]

I am perplexed by the term “a relevant interest”. Will my hon. Friend elaborate on that, so that I can understand what a relevant interest might be?

[Kevin Foster]

I thank my hon. Friend for his interest. The amendment responds directly to concerns raised by petitioners in the Lords Committee about how the commissioners would not be sufficiently accountable to navigation interests. It gives boat owners on the Middle Level the same right to scrutinise the commissioners’ navigation accounts, and to challenge them if necessary, that local government electors have in relation to local authorities. In effect, boat owners using the Middle Level can act in the same way as a local government elector. I hope that answers my hon. Friend’s question.

Lords amendments 18 to 20 are more technical in nature, and I do not intend to talk about them unless Members have a particular query. A number of undertakings have been provided, and I can certainly make them available to Members who wish to see them in more depth. I would flag up the third undertaking given in relation to the advertisement of byelaws. In effect, an undertaking has been given to advertise byelaws in the same way as traffic orders—for example, in the local newspaper or, in this instance, in a magazine of interest to boaters. That is not in the Bill because, as many of us would accept, 40 or 50 years ago the local newspaper was the obvious place to go to for relevant news and information. If we begin to codify that in legislation, it could become out of date.

A specific undertaking is given on the registration fee for static houseboats and the publication of the removal protocol. That is a particular issue, and it will be treated as if it were a byelaw. The final issue of note is the undertaking to return to a residential mooring strategy and looking at how we could use the Middle Level to provide more opportunities for residential use, but that is an undertaking to try, rather than a statutory “must”, because ultimately the mooring facilities are determined by the local council.

The Bill has returned to the House in an excellent condition from the other place. We should accept the Lords amendments, as they strengthen the Bill and make it a measure that the whole House can accept.