Renters’ Rights Bill

Lord de Clifford Excerpts

Thursday 24th April 2025 Lords Chamber

[Lord Pannick (CB)]

My Lords, I support my noble friend Lord Cromwell’s Amendment 142. I declare an interest in that my wife owns rental properties. I agree with what the noble Lord says about the mischief of Clause 15. It is very easy to imagine circumstances in which the owner of a property decides, in good faith, to sell it and the tenant therefore has to leave. The landlord then places the property for sale on the market but finds that, for whatever reason, after four or six months they cannot sell it. Clause 15 would prevent the landlord for 12 months from again leasing out the property. It would do so however well-intentioned the conduct of the owner of the property and however reasonable the new tenancy agreement, and even if the new lease is to the same tenant as the old one, on the same terms, including as to rent.

I entirely understand the Government’s wish to prevent landlords from abusing their rights, but the breadth of this restriction is, to my mind, plainly disproportionate to the feared mischief. This is not only unfair on the landlord; it will inevitably have an adverse effect on the housing stock available for rental purposes.

I appreciate that Ministers have stated that this Bill is compatible with the European Convention on Human Rights, but it seems to me very doubtful indeed that this clause complies with Article 1 of the first protocol to the convention, on the right to property. The European Court of Human Rights and our domestic courts have explained that the right to property requires a fair balance between the interests of property owners and those of the community in general. I cannot see how a blanket provision which penalises a landlord by preventing them from renting out their property, for a period of 12 months, however bona fide their conduct or however fair the terms of the lease, could possibly be said to respect a fair balance.

The mischief which the Government seek to prevent requires a more tailored response. I hope the Minister will be able to say, in response to the concerns that have been expressed by my noble friend Lord Cromwell and myself, that she will be prepared to meet with us to discuss ways of making this clause more proportionate by recognising an exception for landlords who have acted in good faith and responsibly.

[Lord de Clifford (CB)]

My Lords, Amendment 64 in my name is in regard to the family. I thank the noble Baronesses, Lady Bowles of Berkhamsted and Lady Neville-Rolfe, for their support for this amendment. The Bill allows a landlord to take possession of a property for a family reason. This is a small extension to the number of reasons for which a landlord could take possession of a property. That reason is that a property is to be used by a carer for a family member who requires full-time care.

The amendment clearly sets out that the property needs to be in close proximity to the landlord’s family home and be used by the carer. The reason for the close proximity is so that the carer can attend not only on a daily basis but, more importantly, be available to attend in emergencies, quickly and efficiently. These can be on a regular occurrence in some cases. The types of properties that I have in mind are: annexes on homes; a flat in a block of flats where the landlord’s primary residence is located; properties in less urban areas, such as rural villages, hamlets and remote farms; and small property clusters where properties are in short supply.

I appreciate that tenants would be forced to leave a property, but this amendment does not seem to shorten the four months’ notice period. The Bill allows some landlords the opportunity to gain possession for an employee or a worker for agricultural purposes under ground 5A in Schedule 1. I have assumed that the reason why this exemption has been included is that agricultural workers need a property close to their place of work due to the nature of the work, and at all times of day. The need of a carer is similar to that of the agricultural worker: they need to be close to the patient and could be on call and work unsociable hours.

Most landlords’ and tenants’ relations are generally good, and most likely, the landlord would make the tenant aware that the tenancy could be terminated if a property needs to be for a carer. To leave a property is an unsettling upheaval for a tenant and their family, but they would be given four months’ notice. If there is good communication between parties, everybody lives in the knowledge that this could be a possible outcome and plan accordingly.

Financially, if you own an appropriate property, this is the most practical way a landlord or their family can provide the most cost-effective accommodation for a long-term carer, and when the family is facing a high demand on its finances. Only a limited number of landlords will use this possession right, but if needed, it would be welcomed by the family, as it would give flexibility in times of sadness and when time requires the need for it.

I thank the Minister for her engagement on the Bill and for our short discussion on the amendment. I note the Minister’s suggestions that alternatives could be found to house a carer, but my response is that to find a property in the correct location and which is suitable for a carer would be extremely difficult in this current high-demand rental marketplace.

The second suggestion was that the tenant has the right to a secure home. The other side of that debate would be: would it not be a reasonable case that the landlord has a right to gain possession of their own assets for the benefit of their well-being or a family member’s own caring needs?

Properties are owned for many purposes: in some cases, for financial reasons, like investments, and to provide regular income or pension funds. It may be available to rent during a job relocation or as a future residence in a desired location. All these landlords who own such properties could gain possession under the Bill when needed. However, if the property owner who may wish to use a property for a legitimate family reason, to care for a family member, cannot gain access to the property at the time of need, then this amendment seeks to rectify this.

In summing up the group beginning Amendment 10 in Tuesday’s Committee, the Minister said that those amendments did not meet

“the bar to overrule the general principle that private renters should have secure homes”.—[Official Report, 22/4/25; col. 615.]

I believe that a long-term carer of somebody crosses that bar to enable possession for a family.

[Baroness Bowles of Berkhamsted (LD)]

My Lords, unfortunately, I was unable to speak at Second Reading, but I saw that the noble Lord, Lord de Clifford, raised an issue that I wanted to raise, concerning the matter of carers, and I have been pleased to co-operate with him to produce Amendment 64. First, I declare my interests as a private landlord for over 25 years, both in a personal capacity, with lettings in Hertfordshire and Buckinghamshire, and also as an experienced—though unpaid—trustee-type director for lettings in Buckinghamshire.

Being a landlord started accidentally: when I rented a property, I intended to sell to a friend in need. Then, like many self-employed people without an employment-linked pension, I saw its value as pension provision instead of selling it and that it kept the asset available, if needed, for business-loan security. I have had conversations about the extra risks and costs, should we sell and what it means for rents. I have, as the Minister said we should on Tuesday, examined our business models. Even without exposure to mortgages, the effect is that rents will rise and will track market rates sooner rather than risk larger, less frequent adjustments that are more likely to attract challenge, which, of course, would exert an inflationary feedback loop on rents. In a nutshell, it has made it riskier to be a benign landlord.