Social Housing Bill (Second sitting)

Lee Dillon Excerpts

Committee stage
Tuesday 27th October 2026 Public Bill Committees

[Rachel Blake (Cities of London and Westminster) (Lab/Co-op)]

I draw Members’ attention to my category 8 —miscellaneous—interest.

[Mr Lee Dillon (Newbury) (LD)]

My wife works for a social housing provider.

Clause 12

Restriction on certain sales of social housing by private registered providers

Amendment proposed (this day): 2, in clause 12, page 12, line 5, at end insert—

“171AA Right of first refusal: local housing authorities

(1) This section applies where—

(a) a sale notice has been given under section 171A in relation to a dwelling, and

(b) the dwelling—

(i) is let at social rent, or

(ii) was previously transferred from a local housing authority.

(2) During the period specified in section 171A(3), the local housing authority for the area in which the dwelling is situated may make an offer to acquire the dwelling.

(3) Where an offer is made under subsection (2), the private registered provider must dispose of the dwelling to the local housing authority at existing use value for social housing.

(4) A dwelling acquired under this section must be retained as social housing within the meaning of Part 2 of this Act.

(5) Any dispute as to the existing use value for social housing shall be determined by an independent valuer appointed by the Royal Institution of Chartered Surveyors.

(6) The Secretary of State may by regulations make provision about the operation of this section.”—(Gideon Amos.)

This amendment gives local housing authorities a right of first refusal to acquire social rent dwellings and dwellings previously transferred from local authorities at existing use value for social housing.

Question again proposed, That the amendment be made.

[The Chair]

I remind the Committee that with this we are discussing the following:

Amendment 3, in clause 12, page 12, line 5, at end insert—

“171AA Right of first refusal: registered providers

(1) This section applies where—

(a) a sale notice has been given under section 171A in relation to a dwelling, and

(b) the dwelling—

(i) is let at social rent, or

(ii) was previously transferred from a local housing authority.

(2) During the period specified in section 171A(3), any registered provider which received a sale notice under section 171A(2) may make an offer to acquire the dwelling.

(3) Where an offer is made under subsection (2), the private registered provider must dispose of the dwelling to the registered provider at existing use value for social housing.

(4) A dwelling acquired under this section must be retained as social housing within the meaning of Part 2 of this Act.

(5) Any dispute as to the existing use value for social housing shall be determined by an independent valuer appointed by the Royal Institution of Chartered Surveyors.

(6) The Secretary of State may by regulations make provision about the operation of this section.”

This amendment gives registered providers a right of first refusal to acquire social rent dwellings and dwellings previously transferred from local authorities at existing use value for social housing.

Amendment 10, in clause 12, page 12, line 5, at end insert—

“171AA Right of first refusal: local affordable housing providers

(1) This section applies where—

(a) a sale notice has been given under section 171A in relation to a dwelling, and

(b) the dwelling—

(i) is let at social rent, or

(ii) was previously transferred from a local housing authority.

(2) During the period specified in section 171A(3), where a qualifying local affordable housing provider makes an offer to acquire the dwelling, a private registered provider must dispose of the dwelling to the qualifying local affordable housing provider at existing use value for social housing.

(3) A dwelling acquired under this section must be retained as social housing.

(4) In this section, a ‘qualifying local affordable housing provider’ means—

(a) a community land trust;

(b) a housing co-operative;

(c) a community benefit society;

(d) a charity whose purposes include the provision of affordable housing; or

(e) such other locally based not-for-profit housing body as may be prescribed by regulations,

which operates, or intends to operate, affordable housing within the local housing authority area in which the dwelling is situated.

(5) Any dispute as to existing use value for social housing shall be determined by an independent valuer appointed by the Royal Institution of Chartered Surveyors.

(6) The Secretary of State may by regulations make provision about the operation of this section.”.

This amendment seeks to extend the right of first refusal to not-for-profit community-led housing organisations and other non-registered providers capable of retaining homes as affordable housing within the local area, and provides that the disposal must be at existing use value.

[The Chair]

As we have heard, Gideon Amos is not present. Mr Dillon, do you know what his wishes are? Does he want to withdraw the amendment?

[Mr Dillon]

Yes.

Amendment, by leave, withdrawn.

[Gareth Bacon (Orpington) (Con)]

I beg to move amendment 82, in clause 12, page 12, line 31, at end insert—

“(7) In exercising functions under this section and section 171A, the Secretary of State must have regard to the operational and financial independence of private registered providers.”.

This amendment would require the Secretary of State to have regard to the independence of housing associations when exercising powers under new sections 171A and 171B of the Housing and Regeneration Act 2008.

[Gareth Bacon]

It is a pleasure to serve under your chairmanship, Mr Western. I will be relatively brief. I tabled amendment 82 to introduce a vital legal safeguard to protect the structural integrity of the UK housing association sector.

Private registered providers are independent, non-profit businesses. They work hard to run a fair and efficient sector providing social housing and to see much-needed homes built. The amendment would protect registered providers from overreaching state interventions that could have serious, if inadvertent, financial consequences.

Housing associations can rely on private debt to fund development, and any perception that central Government can arbitrarily dictate their financial operations is a threat, both to business independence and to the positive outcomes that they effect. We must ensure that even well-intentioned regulatory oversight does not compromise the financial viability and building capacity of some of the most important businesses in our housing industry. We will seek to divide the Committee on the amendment.

[Mr Dillon]

It is a pleasure to serve under your chairship, Mr Western. I would like to speak to amendments 100 and 7. Amendment 7, which in the name of my hon. Friend the Member for Taunton and Wellington, really gets to the “what”: what is being offered for disposal, whether it is at social rent and what the energy performance certificate rating is. Amendment 100 is a follow-up to that: the “why”. Why is a property being disposed of? Is it for financial viability? Is it because of the cost of retrofit? If we were to collate that data, the Government would be able to reflect on the success of this policy in later years.

[Matthew Pennycook]

Government amendment 20 requires sales notices from private providers to include information about whether the rent standard applies to the dwelling and, if it does, the rent category of the dwelling. Engagement with the sector has highlighted the importance of potential purchasers knowing the rent category of a home when taking decisions about purchasing it. That is because the rent category has implications for the future rent that can be charged, and therefore the future income potential of the property.

I remain mindful of the need to ensure the disposal notification is proportionate and limited to the information that is most useful to those considering purchasing the property. We believe information relating to the dwelling rent category is a useful and reasonable addition to the information requirements. I therefore urge the Committee to support the amendment.

Amendment 82 would require the Secretary of State to have regard to the operational and financial independence of private registered providers when making regulations under proposed new sections 171B or 171A of the Housing and Regeneration Act 2008. A common theme in my responses to the amendments on the disposals measure in this Bill is that I recognise that private registered providers are private bodies that need to be allowed to make their own business decisions. In short, for that reason, I do not think the amendment is required. If making regulations, the Secretary of State would necessarily be aware that housing associations are private bodies. I reassure the shadow Minister that we have no current intentions to use these powers.

I believe that the hon. Member for Newbury spoke only to amendment 100. Am I wrong?

[Mr Dillon]

And amendment 7.

[Matthew Pennycook]

I will deal with both, in that case. Amendment 7, in the name of the hon. Member for Taunton and Wellington, would significantly expand the information required to be included in sales notices where a private registered provider intends to dispose of a property outside of the regulated sector, to include, for example, whether a property complies with the decent homes standard, its EPC rating and whether it has been adapted for accessibility.

The Government’s view is that adding requirements for more information to be included in the sale notice would not be proportionate. We do not want to impose additional unnecessary burdens on providers, and we certainly would not wish to see information requirements introduced that would mean additional reports need to be produced, or surveys carried out, though I note the hon. Member’s amendment does seek to avoid this.

Our view is that extending the notification window to eight weeks will allow providers to have the opportunity to request further information that they judge to be necessary to their consideration of a potential purchase. However, I do not think that requiring the inclusion of all this information by law is a proportionate response. Our aim is to capture the basic elements that will always be relevant to providers when considering purchasing a home, and provide more time for inquiries to be made where needed. That point has come up previously. The provisions in the Bill do not prevent those notifications and requests for further information between the parties in question from being made. That is the basis on which I brought forward amendment 19, which requires information on the category of rent, which we think is an important improvement.

Amendment 100, which is in the name of the hon. Member for Newbury, would require providers to categorise their reason for disposing of a property as either financial viability, the cost of energy efficiency retrofits, stock rationalisation or some other reason that might be specified through secondary legislation. My concern is that seeking to prescribe particular categories of reason in the notice might result in a less helpful notification. Let me explain why.

First, it requires providers to identify one particular reason behind the sale. It is possible that the proposed sale will be based on more than one of these categories. It is also possible that there might be a different driver entirely. In response to a very reasonable question from the hon. Member for Broxbourne, I tried to give a sense of the variety of reasons that individual providers might be disposing of particular stock.

Secondly, there is a risk that by setting out the categories in legislation, providers will just use the default descriptions of the reason and fail to provide a fuller and more helpful description for those being notified. Thirdly, although I do not think this was the intention of the hon. Member for Newbury, the amendment would have the effect of preventing sales from going ahead. No sale can proceed without a notice, and the notice must be valid. To be valid with this amendment in place, the notice must include one of a limited list of reasons. The Government cannot support an amendment that would prevent legitimate disposals. For those reasons, I hope that the hon. Member will not press the amendment to a Division.

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[The Chair]

In the absence of Gideon Amos, I call Lee Dillon.

[Mr Dillon]

I beg to move amendment 4, in clause 12, page 13, line 23, at end insert—

“171CA Requirement to consult with a relevant local authority before a planned disposal in a designated rural area

(1) A private registered provider must provide the relevant local authority in a designated rural area with a report on social housing stock condition information on an annual basis.

(2) A private registered provider must consult with the relevant local authority on options to regenerate social housing in the designated rural area before any decision to dispose of a property in the area has taken place.

(3) For the purposes of this section, a designated rural area is defined as any area with a population density of no more than two persons per hectare and a population of 3,000 or fewer.”

This amendment seeks to ensure that the private registered provider and relevant local authority discuss appropriate solutions to the possible disposal of affordable housing in sensitive rural communities well before a disposal has taken place.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 11, in clause 12, page 13, line 23, at end insert—

“171CA Impact on rural communities

(1) Before making a relevant sale in relation to a dwelling located in a rural area, a private registered provider must undertake an assessment of the likely impact of the proposed disposal on the local community.

(2) An assessment under this section must consider—

(a) the availability of affordable housing within the settlement;

(b) local housing needs;

(c) the total loss of social housing within the parish, town or settlement over the preceding ten years, if any;

(d) the contribution of the dwelling to maintaining a balanced and sustainable community; and

(e) the availability of replacement social housing within the same settlement.

(3) A copy of the assessment must be provided to—

(a) the local housing authority;

(b) the parish or town council, where one exists; and

(c) the Regulator of Social Housing.

171CB Regulator of Social Housing and rural communities

(1) In exercising its functions under this Part, the Regulator of Social Housing must have regard to—

(a) the impact of social housing disposals on the sustainability of rural communities; and

(b) the maintenance, availability of, and need for affordable housing provision within rural settlements.”

This amendment requires registered providers and the Regulator of Social Housing to consider the impact of disposals on rural communities.

Clause stand part.

New clause 17—Rural exception sites—

“(1) A social housing dwelling developed on a rural exception site may not be disposed of on the open market.

(2) Any disposal of a social housing dwelling developed on a rural exception site must preserve affordability restrictions in perpetuity.

(3) No social housing dwelling developed on a rural exception site shall be eligible for—

(a) Right to Buy;

(b) Right to Acquire; or

(c) any successor scheme.

(4) A planning obligation securing social or affordable housing on a rural exception site may not be modified or discharged if the effect would be to reduce the number of social or affordable dwellings or weaken any affordability restrictions.

(5) In determining any—

(a) application,

(b) appeal,

(c) permission in principle,

(d) technical details consent application,

(e) local development order, or

(f) development consent,

relating to social or housing affordable housing on land which is, or has previously been, a rural exception site, the absence of a five-year supply of deliverable housing sites does not constitute a reason for granting permission for a development that would reduce the number of social or affordable dwellings secured on that site.

(6) The presumption in favour of sustainable development does not apply where its application would result in—

(a) the loss of social or affordable dwellings secured on a rural exception site;

(b) the reduction of affordability restrictions applying to such dwellings; or

(c) the substitution of market housing for social or affordable housing secured for local housing need.”

This new clause seeks to preserve social housing and affordable homes provided under rural exception site policies for future generations of local residents.

New clause 64—Replacement of disposed rural social housing stock—

“(1) Within 12 months of the passing of this Act, the Secretary of State must, by regulations made by statutory instrument, make provision to require disposed social housing providers to guarantee rural social housing is replaced like for like.

(2) Under subsection (1) ‘like for like’ means housing that is—

(a) in the same local area, and

(b) with the same number of bedrooms.

(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

This new clause would require a local replacement guarantee where rural social housing is disposed of.

New clause 65—Rural social housing targets—

“(1) Within 12 months of the passing of this Act, the Secretary of State must set rural social housing targets, and every year thereafter, publish a report on progress towards those targets.

(2) The ‘rural social housing targets’ under subsection (1) should include individual targets for the amount of social housing that is available for—

(a) social rent,

(b) affordable rent, and

(c) shared ownership.”

This new clause would require the Government to create and publish progress towards targets for rural social housing, broken down by tenure type.

[Mr Dillon]

Amendment 4 seeks to ensure that registered providers and local authorities discuss solutions to possible disposal in sensitive rural communities well before that disposal has taken place. I will not rehearse the arguments that we had this morning about rural communities and the exceptions that they face, but I think the Minister will understand our concern that they should have as much protection as possible.

[Matthew Pennycook]

As I have set out, the Government are committed to protecting our much-needed social housing stock. As it stands, there is no requirement for advance notification of disposals of social homes, meaning that opportunities to retain them within the social housing sector can be missed. Although private registered providers may choose to dispose of homes for valid reasons, including to support investment in new supply and the effective management of their stock, we understand that that can have a particularly acute impact in areas where the supply of social housing is already constrained.

It is therefore important that opportunities to retain homes within the social housing sector are not missed, particularly in areas with significant demand or where replacement is particularly difficult. Clause 12 will achieve that by requiring providers to notify the relevant local authority and other registered providers in the area before a sale can be completed. It creates a short window during which completion of a disposal cannot take place, while still allowing providers to market the property and continue with their disposal plans as usual. The window was set at four weeks upon introduction of the Bill, and the Government are seeking to extend that window to eight weeks, in response to concerns raised by both Houses and by stakeholders that it was too short.

The new window of time allows local authorities and other providers to consider whether they wish to acquire the property, helping to retain homes within the social housing sector. To help them in that initial assessment, the notice is required to provide certain basic information such as the address, the number of bedrooms and bathrooms and its estimated value. Earlier, I spoke to an amendment to include the category of rent in the sale notice, which we think is a reasonable and fair addition.

The clause is targeted and proportionate. It includes sensible exceptions such as sales to another registered provider, sales to the tenant and certain low-cost home ownership transactions. It is important to be clear that this is not a consent regime. The clause does not prevent disposals, does not restrict who a property may be sold to, and does not interfere with providers’ ability to make legitimate stock management decisions. It is a light touch and proportionate measure to improve transparency, embed consistent good practice across the sector—I have detailed some of the non-legislative means where we intend to work with the sector to go further— and support the Bill’s broader objective of safeguarding and sustaining social housing stock.

Amendment 4, in the name of the hon. Member for Taunton and Wellington, would introduce additional requirements for disposals in designated rural areas. I support the intention behind it: to ensure that a private registered provider and the relevant local authority discuss appropriate solutions to possible disposals of social housing in rural communities well before a disposal has taken place. I am not convinced, however, that the best way to achieve that outcome is by requiring annual reports on stock condition and a statutory consultation on options for the regeneration of social housing prior to disposal.

The provisions in the Bill will ensure that a local authority is aware of a potential disposal. I hope that that gives local authorities, particularly in rural areas, an opportunity to ensure that there is an effective dialogue before the disposal takes place. Requiring statutory consultations on the regeneration of social housing would likely place significant time and administrative costs on both local authorities and private registered providers, and materially impact the ability of private registered providers to make the necessary commercial decisions required to manage their assets effectively and safely.

More broadly, through information published by the Regulator of Social Housing, local authorities can already access information about PRP-owned social housing stock within their local authority area, including information relating to whether stock meets the decent homes standard. An annual report on stock condition would be duplicative of the existing rigorous requirements. I am sympathetic to what lies behind the amendment, but I am not convinced that we need to legislate in this way to achieve our shared aim.

[Mr Dillon]

I thank the Minister for that reply. I hope that local authorities and housing providers are listening to this debate, and understand that the Government expect them to work in a collaborative manner for the best outcome for social tenants. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 12, as amended, ordered to stand part of the Bill.

Clause 13

Review of shared ownership and staircasing

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 41—Shared ownership strategy—

“(1) Within 12 months of the passing of this Act, the Secretary of State must publish and lay before Parliament a strategy for increasing opportunities for access to the shared ownership scheme.

(2) The strategy under this section must include proposals relating to—

(a) first-time buyers,

(b) key workers,

(c) housing association provision, and

(d) staircasing arrangements.

(3) For the purposes of this section, ‘staircasing’ means the practice of buying additional shares in a Shared Ownership home in order to increase overall equity.”

This new clause would require publication of a strategy for expanding shared ownership.

New clause 45—Model shared ownership agreement—

“(1) The Secretary of State must, within six months of the passing of this Act, publish a model shared ownership agreement.

(2) The model shared ownership agreement must include standard provisions relating to—

(a) rent reviews,

(b) staircasing,

(c) service charges,

(d) administrative fees,

(e) sales and resales, and

(f) capital improvements undertaken by shared owners.

(3) Registered providers must have regard to the model agreement when granting shared ownership leases.”

This probing new clause would require the publication of a standardised model shared ownership agreement.

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[Mr Dillon]

Clause 13 relates to the review of shared ownership and staircasing, which the Liberal Democrats support. However, new clause 41 refers to

“a strategy for increasing opportunities for access to the shared ownership scheme”.

It seems to me that it would be logical to carry out the review of shared ownership first, before committing to increasing shared ownership opportunities.

[Edward Argar]

It is always a pleasure to give way to the hon. Gentleman. I am seeking to make the point that this review has the potential to underpin a much longer-term approach to this important sector. That is why the clause is important. I do not see the new clauses tabled by my hon. Friend the Member for Orpington as in contradiction to that, but rather as complementary to it. There may be a question about phasing and how it works, but I do not believe that that is a reason not to retain the clause for what it seeks to do. The Minister is always a reflective man, so I hope that he will reflect on that carefully.

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[Matthew Pennycook]

Clause 14 and its associated schedule 1 will address a clear legal gap in respect of social housing tenancies, namely that existing legislation provides scant protection for social housing tenants who are victims of domestic abuse and who wish to remain in their current home without their abuser. Landlords can evict perpetrators but only in cases where the victim has already left. That means that, all too often, victims are forced to choose between staying in danger and losing their home. As I argued on Second Reading, that is an utterly unacceptable state of affairs; taken together, the clause and schedule will end it.

Schedule 1 will introduce stronger powers for landlords to enable them to take possession of a property where domestic abuse has taken place without the requirement for the victim to leave. It also strengthens protections to help victims remain safely in their homes where possible or move to suitable alternative accommodation where necessary. These measures form part of the Government’s wider commitment to tackle violence against women and girls, ensuring that the housing system supports, rather than frustrates, a victim’s route to safety and recovery. The new mandatory grounds in the schedule seek to provide a clear framework by which courts must grant possession if the threshold has been met. Crucially, under the discretionary grounds in the schedule, the court must take into account the opinion of the victim before making the decision, helping to ensure that victims remain at the centre of the process.

A key focus of the measures is providing certainty in cases of joint tenancies. The schedule ensures that, if conditions are met for joint tenancies, the court will transfer the perpetrator’s interest in the joint tenancy so that the victim becomes the sole tenant. Where it is not appropriate for a victim to remain in their current home, the Bill allows a court to order suitable alternative social housing where the landlord has such accommodation available. The court must, as far as possible, take into account the victim’s views when considering the suitability of alternative accommodation. If a landlord cannot satisfy the court that a suitable home will be available, the victim will not be forced to move under these provisions.

Clause 14 and schedule 1 provide that the new measures will apply where the victim and perpetrator are personally connected and the victim currently lives in the property or has left due to domestic abuse. The measures critically remove the requirement for the victim to have fled the property before possession action can be taken. They also protect victims of modern slavery where the victim and perpetrator are personally connected and the other conditions in the Bill are met.

We will continue to work with the Independent Anti-Slavery Commissioner, the Home Office and the wider sector to ensure effective implementation. It would be remiss of me not to say that our work with the Ministry of Justice and the Home Office has been, in my view, an exemplar of cross-departmental working to resolve a pressing issue. In aligning with the definition of domestic abuse under the Domestic Abuse Act 2021, the measures also cover a broader range of conduct. They protect those most at risk who currently live, or previously lived, in a property with a perpetrator, while remaining clear and workable in practice.

Government amendments 22 to 73 address concerns raised in the other place about the evidence needed to use the discretionary grounds in domestic abuse cases. We have listened carefully to those concerns and we have acted. The amendments strengthen the discretionary domestic abuse grounds by ensuring that the existence of a relevant protective order is sufficient to satisfy the first stage of the ground ahead of the court’s determining whether it is reasonable to grant possession.

Where either a non-molestation order or a domestic abuse protection order is in force against a perpetrator, landlords may rely on it as evidence for the courts to then progress to consider whether it is reasonable to grant possession. That removes the need to separately establish whether domestic abuse has taken place where an order is in place, making it easier for social landlords to take possession action where a court has already made an order protecting the victim. An order will be disregarded if an appeal remains unresolved or results in the order being overturned.

The amendments do not make possession automatic. The courts will still need to consider whether it is reasonable to make a possession order, retaining judicial oversight through the existing reasonableness test. The amendments will simplify the process and give greater confidence to landlords and victims when seeking possession.

The amendments also make technical and consequential changes to the domestic abuse provisions in schedule 1. They align the terminology used in the Bill with the definition of domestic abuse in section 1 of the Domestic Abuse Act 2021, make consequential changes and align wording across equivalent provisions in the Bill and, finally, clarify how the tenancy transfer and possession provisions operate.

The amendments will ensure that, where the conditions for making a possession order on the basis of suitable alternative accommodation apply, the transfer of tenancy provision will also operate. The effect is that the perpetrator tenant’s interest is severed in all cases where the ground for possession is met and the court is satisfied that an order should be made. That will help deliver more consistent outcomes for victims in joint tenancy cases.

Taken together, the amendments improve the clarity and consistency of schedule 1 and ensure that the domestic abuse provisions operate as intended. I commend clause 14, schedule 1 and the Government amendments to the Committee.

[Mr Dillon]

I will speak to amendment 12, tabled by my hon. Friend the Member for Taunton and Wellington. The amendment looks at the impact of rent arrears on a victim of domestic abuse and quite simply asks that that not be a consideration when bidding for a future social home.

While on my feet, I will also talk about clause 14 in its totality. We Liberal Democrats welcome the amendments that the Government have tabled on domestic abuse, but will the Minister outline why the Government use only discretionary powers rather than mandatory powers, such as ground 7A, which is mandatory for antisocial behaviour?

[Gareth Bacon]

I will speak to new clause 30, which stands in my name. This is a probing amendment. There is much in this Bill that is fundamentally political or ideological, but I am sure that I speak for all Members when I say that supporting victims of domestic abuse is an issue that we all agree needs critical, cross-party work. We will not oppose any of the 52 amendments that the Government have tabled to this part of the Bill, because it is vital that anyone stuck in an abusive household receives the urgent care, support and access to legal pathways that they need.

That is why I have tabled new clause 30, which would require the Government to assess the effectiveness of the provisions in protecting domestic abuse victims. If the Bill is to make real change in this area, I believe it is only right that the Government give victims a guarantee that they will closely analyse and monitor the effectiveness of these measures. I look for an assurance from the Minister on that when he sums up.

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This would provide a definition of the protective orders that are relevant for Ground 14A as amended by amendment 66.

[Mr Dillon]

Given the Minister’s commitments and his eagerness to act himself, I will not press amendment 12 to a Division.

Schedule 1, as amended, agreed to.

Clause 15

Consent requirements

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

[The Chair]

With this, it will be convenient to discuss the following:

Government amendment 74.

Schedule 2.

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[Matthew Pennycook]

I appreciate my hon. Friend’s points. We will set out the specified bodies in due course. I hear what he says about hospital trusts in particular. I think engagement is to take place on the precise scope of the specified bodies that we want to be caught by the new duty. On the point of principle—these are broad enabling powers—effective prevention depends on earlier identification, co-ordinated action and shared responsibility across services.

Importantly, this is not about creating an entirely new system. Many services already undertake these activities to support homelessness prevention, whether by identifying vulnerabilities, signposting support, making referrals or working with partners to resolve housing issues. These new duties build on existing good practice and should drive a consistent national framework to support those who are most vulnerable.

The Government intend to define in secondary legislation the bodies within scope and the actions required to comply with the duty, but my officials and I have heard the point that my hon. Friend the Member for Uxbridge and South Ruislip makes.

[Mr Dillon]

The new clause refers to identifying the local housing authority to which the notification could be made. In additional legislation, is it possible that H could notify more than one local housing authority— if they had a local connection, say, in Liverpool and in Berkshire—to get them off the streets as soon as possible?

[Matthew Pennycook]

If the hon. Member will allow me, I will write to him on that specific point; I do not have an answer to hand. I am more than happy to set out how these provisions might work where multiple local authorities are involved. I take his point on that.

As I say, we intend to define in secondary legislation the bodies within scope and the actions required to comply with the duty. This will allow us to work closely with stakeholders to ensure that implementation is proportionate and effective and that it reflects the differing functions of individual services. Ultimately, the new clause is about ensuring that services work together to identify risks earlier and intervene before people reach crisis point. By creating a more joined-up approach to homelessness prevention, we can help more people to remain in their homes, shift the system away from crisis response and deliver our ambition on homelessness and rough sleeping, as the Prime Minister has rightly outlined. I commend the new clauses to the Committee.

Question put and agreed to.

New clause 23 accordingly read a Second time, and added to the Bill.

New Clause 24

Duties of specified bodies to collaborate and act on homelessness

“(1) This section amends the Housing Act 1996.

(2) After section 213AA insert—

‘213AB Specified bodies must identify actual or possible homelessness

(1) A specified body must take reasonable steps to identify persons in England in relation to whom it exercises functions who it considers are or may be—

(a) homeless,

(b) threatened with homelessness, or

(c) otherwise at risk of becoming homeless.

(2) When a specified body becomes subject to that duty in relation to a particular person (taking into account any effect of regulations made under section 213AG(1)), the body must comply with the duty promptly.

213AC Specified bodies must act on actual or possible homelessness

(1) A specified body must comply with the duty to notify the local housing authority (see section 213AD) in relation to a person (H) if the body identifies H as a person who the body considers is or may be—

(a) homeless, or

(b) threatened with homelessness.

(2) But the specified body does not need to comply with the duty to notify if it is satisfied that—

(a) H has already made an application for assistance, and

(b) the application has not been disposed of.

(3) A specified body must comply with the general duty to act (see section 213AE) in relation to a person (H) if the body identifies H as a person who the body considers is or may be—

(a) homeless,

(b) threatened with homelessness, or

(c) otherwise at risk of becoming homeless.

(4) A “relevant step”, in relation to H, means a step to—

(a) prevent H becoming homeless,

(b) reduce the risk of H becoming homeless,

(c) relieve H’s homelessness, or

(d) alleviate the effects of H’s homelessness.

213AD The duty to notify the local housing authority

(1) The “duty to notify the local housing authority” in relation to H consists of the duties set out in this section.

(2) The specified body must ask H—

(a) whether H has made an application for assistance under this Part, and

(b) if so, to which local housing authority the application was made.

(3) If H has not made an application for assistance, the specified body must ask whether H agrees to the body notifying a local housing authority in England—

(a) that the body considers that H is or may be homeless or threatened with homelessness, and

(b) how H may be contacted by the local housing authority.

(4) If H agrees to the specified body making the notification, the body must ask H—

(a) whether H consents to the body sharing with the authority such information as is necessary to make the notification (including information provided by H and information already held by the body), and

(b) to identify a local housing authority in England to which H would like the notification to be made.

(5) If H agrees to the specified body making the notification and consents to the body sharing the information that is necessary to make the notification, the body must notify the local housing authority in England to which H would like the notification to be made.

213AE The general duty to act

(1) The “general duty to act” in relation to H consists of the duties set out in this section.

(2) The specified body must—

(a) consider the question of what relevant steps could be taken by it or other persons, and

(b) raise that question with such persons as the body considers appropriate, who must include any other persons that could take relevant steps.

(3) After complying with subsection (2) the specified body—

(a) must take any relevant steps which it concludes it can take, and

(b) must provide to the persons with which it has raised that question reasonable assistance to assist or enable them to take relevant steps.

(4) This section does not affect any right of the specified body, whether by virtue of a contract, enactment or other law, to seek to obtain vacant possession of any accommodation.

(5) If a specified body must also comply with the duty to notify in relation to H, making the notification under section 213AD(5) does not satisfy the general duty to act in relation to H.

(6) A reference in this section to a relevant step—

(a) includes a relevant step that can be taken with the assistance of another person;

(b) in relation to a specified body, only includes a relevant step that the body can reasonably take in the exercise of its functions;

(c) in relation to a person who is not a specified body, only includes a relevant step that the person can reasonably take in the exercise of their functions or in carrying out their activities.

213AF Duty to engage with local housing authorities

(1) This section applies where a local housing authority in England considers—

(a) that a person is or may be homeless, threatened with homelessness or otherwise at risk of becoming homeless, and

(b) that a specified body exercises functions in relation to that person.

(2) The local housing authority may ask the specified body to engage with them for the purpose of assisting the authority with the discharge of their functions under this Part in relation to that person.

(3) The specified body must engage with the local housing authority in such manner and to such extent as the body considers reasonable in the circumstances.

213AG Regulations and guidance

(1) The Secretary of State may by regulations make provision about how specified bodies can or must comply with—

(a) the duty to identify homelessness,

(b) the duty to notify the local housing authority,

(c) the general duty to act, or

(d) the duty to engage.

(2) Regulations made under subsection (1) may, in particular, make provision about the following matters—

(a) factors to be considered by a specified body when identifying whether a person is homeless, threatened by homelessness or otherwise at risk of becoming homeless;

(b) what information is necessary to make a notification to a local housing authority in England;

(c) what relevant steps by a specified body in the exercise of its functions are reasonable;

(d) the process to be followed by a specified body when identifying which persons it is appropriate to raise the question in section 213AE(2)(b) with.

(3) Regulations under subsection (1) may not be made unless a draft of the statutory instrument containing them (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(4) The Secretary of State may issue guidance to specified bodies in relation to any of the following duties—

(a) the duty to identify homelessness;

(b) the duty to notify the local housing authority;

(c) the general duty to act;

(d) the duty to engage.

(5) Specified bodies must have regard to guidance issued to them under subsection (4).

213AH “Specified bodies” and other interpretation

(1) In sections 213AB to 213AG and this section—

“duty to engage” means the duty imposed by section 213AF for specified bodies to engage with local housing authorities;

“duty to identify homelessness” means the duty imposed by section 213AB;

“duty to notify the local housing authority” has the meaning given in section 213AD;

“general duty to act” has the meaning given in section 213AE;

“H” has the meaning given in section 213AC;

“relevant step” has the meaning given in section 213AC;

“specified body” means a body or other person that is—

(a) specified in regulations, or

(b) of a description specified in regulations.

(2) Regulations made under this section may provide that a person is a specified body only in relation to a particular function exercised by that person.

(3) If a provision under subsection (2) specifies a particular function of a specified body, any reference in sections 213AB to 213AG to the functions of a specified body has effect in relation that body only as a reference to that particular function.

(4) In this section, “regulations’ means regulations made by the Secretary of State.

(5) Regulations under this section may not be made unless a draft of the statutory instrument containing them (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.’

(3) Omit section 213B (duty of public authority to refer cases in England to local housing authority).

(4) In section 218 (index of defined expression Part 7) insert in the table at the appropriate places—