All 3 Lord Fuller contributions to the Social Housing Bill [HL] 2026-27

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Social Housing Bill [HL]

Lord Fuller Excerpts
2nd reading
Monday 1st June 2026

(2 months, 1 week ago)

Lords Chamber
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Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I have previous experience in the delivery of social housing. During the 2010s, when I was leader of South Norfolk Council, we consistently delivered 1% of England’s entire affordable housing every year. My council built more homes to rent than the rest of Norfolk put together. Every home lost to the right to buy was replaced and then some. After my nearly 20 years as council leader, the number of affordable houses in south Norfolk had gone up from 4,188 to more than 7,000.

I can tell the noble Baroness, Lady Gill, that the amount of social housing is not a finite resource; it can be built. We had an ambitious plan that could be delivered through development proceeds from a position of negotiating strength. The Planning and Infrastructure Act and the English Devolution and Community Empowerment Act have weakened that power but, when I was leader of the council, I held all the cards. Now those cards are held by developers, on undeliverable housing targets under the five-year land supply, so the Government have made their task harder. The irony is that this Bill has never been needed more, since the private rented sector was decimated by the Renters’ Rights Act, which turbocharged rents to new highs. Who knew?

That said, I welcome the measure for a 35-year lockout for new homes on right to buy. The probability that brand new homes could be acquired under right to buy has chilled new investment and spawned no end of avoidance structures from within local authorities, which is diverting.

In some respects, it is shame that the right to buy will be diluted. It should be stated clearly and loudly that the ability to buy your own home has been one of the most empowering success stories of the last 40 years. Done right—as I did, as leader of the council— a social home that is bought houses two families: the family who bought the house and another one in the new house which replaces it.

This plays to the point made by the noble Lord, Lord Cameron: I have concerns that the Bill will prevent receipts in one authority being applied to a neighbouring one, even if they are in the same housing market area. When my neighbour Norwich City Council could not build houses or spend the receipts, it lent the money to us and we built some affordable houses within a mile of the city boundary. My reading of the Bill is that this desirable behaviour would be banned, and that is crazy.

This leads me to the subject of locality. I understand that the Bill is limited in scope, but protecting the stock cannot be just a national numbers game. Housing is more local than that, but that is not envisaged in the Bill, as I read it. There are general freedoms for social providers to recycle funds, not within a specific area but across their entire estate. As part of my ward work, I was surprised last month when a home in Brooke, in the ward where I live, was under the management of Victory Homes but being managed from Gloucester. The freedom to move receipts within the RSL without challenge, from Norfolk to Gloucester, does not help local people at all. Unless we protect the stock in local markets, a large provider may focus on where it is cheaper, not where it is needed. The RSLs are different from the councils.

I was grateful to the Minister for the drop-in before the Recess, when she explained that it is very difficult to define territories. From one ex-council leader to another, she must know that that is incorrect. We both developed local plans based on housing market areas. They are defined; they exist. It is just not the case that area management is not part of the Bill. The principle of locality is established and there are welcome carve-outs for national parks. I just wish that it would go further on national landscapes. In Committee, I will seek to probe how receipts can be recycled locally by default before being snaffled by the centre.

None of this would be necessary had social housing providers not become so large. Scale has not been good for the tenants. It has led to a lack of local accountability. National RSLs populating their boards with the great and the good, acting as pound shop developers on the government dime, has seen tenant reps excised from the landscape. The consequence is that the focus on local matters, such as anti-social behaviour, has been dropped, as I know from my own ward casework. This Bill could have been stronger on anti-social behaviour to demonstrate that the Government are on the side of the law-abiding resident, but it is not.

Candidly, far too great a focus on development has led to a loss by these RSLs of the social purpose of providing social homes. RSLs cannot even sell houses they developed initially for the private market to be used for social use, and that is wrong. Instead, one of the effects of the liberalisation of certain financial powers in this Bill may be to drive financial engineering to new heights. The truth is that as RSLs have become overleveraged, they have been caught out by the increase in build costs, finance and land costs. Quite simply, there is no space for the social purpose of these organisations. That is an omission this Bill should correct but does not.

I am disappointed that the Bill purports to protect the supply of new homes but fails to consider the texture of protecting certain types of adapted homes. I spent about £3 million a year adapting homes for an ageing population. In some cases, it might have been a grab rail or a ramp. In one case, a £75,000 extension was required. When, as so often happens, the tenant passes away and the home is re-advertised, no credit can be given for those adaptations. The new tenant can ask for them to be removed, and they do. It is crazy. It is a waste of money. It reduces the pool of adapted homes. It is bad for everybody, especially the taxpayer, who has to pay twice, once to put the adaptation in and again to take it out. Where are the provisions in the Bill to protect the supply of adapted homes for the ageing population? I have heard it said that this is an allocations issue and we are not going there. I say: why not?

As I warm to my allocations theme, where are the protections for veterans? Where is the assertion that those with local needs should be prioritised? Where is the preference for the indigenous population? Where are protections for local needs, for affordable housing in our villages—small developments in places such as Bergh Apton that local people campaigned for, not against? Where are the stronger fiscal incentives for people to downsize from the family home as they age? This Bill is deficient in that it does not even look at the totality of the supply and certainly fails on the demand side. Partial supply without looking at the demand is no solution at all. The Bill is incomplete. It looks only at the home, not really at the people who live in it. It does half the job, and in Committee we will attempt to make it whole.

Social Housing Bill [HL]

Lord Fuller Excerpts
Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I intervene to indicate a preference for Amendment 105, which calls for a review of shared ownership, rather than Amendment 79, which calls for a strategy for increasing shared ownership. This is because there are features of shared ownership that need addressing before we increase the opportunities.

The Minister will recall the problems facing shared owners in flats with safety issues post-Grenfell. I am grateful to her for agreeing to amend the Renters’ Rights Act to reflect that. But that indicated how the law on conventional tenures such as owner occupation, leasehold or tenancy finds it difficult to accommodate the special nature of shared ownership, which is in fact a combination of all three.

I welcome the recent changes to the scheme, particularly the 10-year guarantee against certain costs. But the review proposed in Amendment 105 should take as its starting point recent critical reports from the National Audit Office, the HCLG Select Committee report on the affordability of home ownership, and the findings of the Housing Ombudsman on shared ownership.

The NAO found that shared ownership helps many people buy a home who otherwise could not. However, it said the scheme is complex; many buyers do not fully understand its long-term costs and risks; affordability pressures can hinder progression to full ownership, and government lacks the data needed to judge whether the scheme is delivering good outcomes for consumers. While recent reforms have improved transparency and protection, the NAO concluded that important gaps in understanding and oversight remain.

The HCLG report was more critical. The committee found that legal and valuation fees made staircasing expensive. The buyers have to pay all those costs, which can run into thousands of pounds, and do so each time they staircase. It found that rising house prices can make additional shares unaffordable and many shared owners never reach full ownership. It questioned whether the scheme is genuinely delivering the aspiration for full home ownership for many participants.

Then we have the ombudsman. Complaints to the Housing Ombudsman regarding shared ownership properties have surged by nearly 400%, jumping from 324 cases in 2020 to 1,564 complaints more recently. That sharp rise reflects growing resident frustration with hidden costs, building defects and the difficulties of staircasing or selling.

The ombudsman highlighted several reasons for this escalation. Many residents face staggering increase in service charges and rent hikes, which can feel disproportionate. Landlords frequently fail to chase developers or effectively restore defects such as cladding or fire safety issues after they are raised. On the sales process, he found incorrect charges at the point of moving in, miscommunication regarding staircasing—buying larger shares of the property—and general delays from solicitors.

The ombudsman summed up the problems by saying that there is a “mismatch” between the expectation and understanding of the shared owner and the landlord. He concluded that the Government should address the

“fundamental inequities in the way in which shared ownership is designed”—

a point made by my noble friend Lord Jamieson.

Bringing all that together may explain why there is such a low satisfaction rate with shared ownership, and the largest providers have the lowest satisfaction rate—frequently below 30%. Any review should liaise closely with the Shared Ownership Council, Shared Ownership Resources, which has produced several documents indicating how the scheme might be improved and has first-hand evidence of existing pinch points. I very much hope that the Government will take this opportunity to review the scheme, put this form of tenure on a more secure foundation and rebalance the responsibilities as between the talent and the landlord.

Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I support my noble friend Lord Young-of Cookham, and also the sense behind Amendments 105 and 106. There is an asymmetry between the risk and the reward involved in shared ownership—all the costs but only half the uplift, if there is one. The risks include very large unexpected costs, which my noble friend raised and I do not intend to repeat. There is 100% of the costs, but only half the capital.

This has been sold to people who one might say, without patronising, are less financially sophisticated, as a lower cost way of getting their foot on the ladder. But the facts bear out the assertion that mortgage costs on the whole would be less than the rent they are paying on the half. It is not necessarily low cost at all; one might go far as to suggest that there has been a degree of mis-selling here.

So, I support Amendment 105, which calls for a review. We cannot carry on as we are. My experience in my own council work when I was the leader showed that the popularity of this tenure has gone down and down. There is now very low take-up. It is possibly a tenure whose time has passed. But the review could reinvigorate it. There is a case for low-cost housing for people to establish and build capital in their society. With this review, which I support entirely, there is the opportunity to try to get it back on track.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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My Lords, because the noble Lords, Lord Jamieson and Lord Young of Cookham, have done such a brilliant job of talking about shared ownership, I will scrap most of my speech. We on these Benches have brought up the vexed subject of shared ownership many times, and I know that the Minister understands and absolutely appreciates that. I pay tribute to the noble Lord, Lord Young of Cookham, who has been a stalwart campaigner for reform. That deserves to be recognised.

If shared ownership is a pathway to home ownership, it is a very rocky one. It is definitely a home owner’s dream that turned into their worst nightmare. I could wax lyrical about automated 1% staircasing, proportional maintenance and a 15% valuation cushion, but I will not. But I am interested in what the Minister has to say, because, unlike the noble Lord, Lord Fuller, I do not believe that this is something that has passed; in high-cost areas, it is essential. Therefore, we would really like to hear something about reform or at least a vision of how it might be reformed.

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Moved by
89: After Clause 16, insert the following new Clause—
“Protections for adapted social housing(1) This section applies where—(a) a dwelling owned by the local housing authority or a registered provider of social housing has been substantially adapted for occupation by a person with a disability or support need, or(b) a Disabled Facilities Grant has been used to fund substantial adaptations to that dwelling.(2) Before such a dwelling is allocated through the general housing allocation process, the landlord must take reasonable steps to offer the dwelling to a person whose needs would substantially benefit from those adaptations.(3) In this section, “substantially adapted” has such meaning as the Secretary of State may prescribe by regulations made by statutory instruments.(4) A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”Member’s explanatory statement
This amendment would require social landlords to protect the pool of adapted housing by giving preference to applicants who could benefit from existing adaptations before allocating adapted homes through the general housing allocation process.
Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I am very disappointed that a Bill that purports to protect the supply of new affordable homes fails to consider the texture of protecting certain types of homes, particularly adapted homes. We are an ageing nation, we are getting fatter and nowadays many more premature babies survive into adulthood with life-limiting conditions. As a council leader, I spend about £1.5 million a year adapting homes for this ageing and impaired population. I remember that, when devising our local plan, there was a need for 3,500 adapted homes and supported living units; it was about 10% of the total housing need. It is an important issue, but not one you would gather from this Bill. At Second Reading, I explained how councils might install an adaptation so that a resident with an impairment could live comfortably. I explained that it might be a grab rail or a ramp. In one case, in my council, we spent £75,000 on a complete extension that was required to enable that family to live decently.

In preparation for this debate, and in pursuance of that simple truth, I sat down with Kevin Philcox, the officer responsible for housing standards at South Norfolk Council. He tells me that about half the improvements relate to wet rooms. That is important, because poor personal hygiene is a leading cause of infection and hospital admission among the elderly. Keeping yourself clean down there is not just about dignity; it keeps our hospital wards clean. Half the wet room adaptations are combined with wider doors so that someone in a wheelchair can shower hygienically. Together, cleaning and better access represent half the improvements for disabled facilities, grants and aids and adaptations.

Other examples might be a kitchen with low-level worktops—again, suitable for wheelchair use. Typically, it takes between six and nine months to deliver an adaptation: directionally two to three months for the assessment and the report by the occupational therapist, then a couple of months for the specification contracting and then the construction itself. In my experience, our district council delivered about 150 such projects a year at an average cost of about £10,000 each. I would say that one of my best interventions as a councillor was to ensure that a widow who lived in Mill Road in Seething was able to keep herself clean, by expediting the process of creating a wet room in her social home.

I feel that I have laboured the point, but I tell that story with pride because the simple truth is that we just do not have enough of these adapted homes, and that is why the state invests in them. MHCLG distributes yearly funding of over £720 million to local authorities, and some councils, such as my own, and other RSLs top up that allocation still further. I ensured that we reinvested all the profits from our trading activities to top up that money. So, in total, it adds up to about £1 billion a year. That is a large chunk of change, ensuring that people of all abilities can have a home that they can get into and on with, maintaining personal pride and hygiene.

Here is the problem that my amendment seeks to remedy. When, as so often happens, the tenant passes away and the home is re-advertised, no credit can be given for those expensive and hard-won adaptations when a new family moves in. A new tenant can ask for them to be removed, and they do. It is crazy. It is a waste of money, it reduces the pool of adapted homes, and it is bad for everyone, especially the taxpayer, who funds the work twice: once to put it in and once to take it out. I recall one example where we had built a brand new accessible home with wide doors and low kitchen units, perfect for a wheelchair-bound resident. As it happened, the first tenant was really tall, and by and by he tired of bending down to move the pots and pans around the hob, so the council was obliged by law to rip out that kitchen and put in a normal one—oh dear. That is absurd. It should have been let to a wheelchair user in the first place. So I ask the Minister directly: where are the provisions in the Bill to protect the supply of and investments in adapted homes for the ageing population? Why can we not offer rights of first refusal to those who need help to keep themselves clean down there?

I have heard it said, “Well, this is an allocations issue and we’re not going there in this limited Bill”. I profoundly disagree with that. That is why I asked for this debate to be de-grouped so it could have the importance it deserves without being clouded by other issues. My amendment is about protecting the adapted stock. It is about protecting a £1 billion investment— a significant sum that should not be lightly discarded— and it is about dignity for the most vulnerable in society. So I do not see this as an allocations issue, in the sense that preference should be given to an individual veteran or a certain type of local person. This is about protecting the pool of adapted homes, not least because we are all getting older. It is about ensuring that the wider cohort who carry an impairment have sufficient protected stock for them to have a go at, where they get preference, to make the best of their lives and to make their disabilities more bearable. If the state cannot recognise that, what is it for? Casually dismissing this as an allocations issue is wilful misdirection.

We must grab this sufficiency issue now. We are in Committee. I want to probe the matter more deeply between now and Report. Unless we make some progress, I anticipate that this is an issue on which I will seek to divide the House on Report, on the grounds that the Bill aims to protect the social stock for those in need, and my amendment seeks to achieve precisely that.

I have nearly said enough but I want to give Kevin Philcox, my expert on the ground, who has been around a long time in this space, the final word. He told me that, among the dedicated housing standards professionals, protecting the adapted stock in the way that I propose is both the Shangri-La and the holy grail of social housing policy in this country—it is number one on the wish list. That is quite a statement.

The opportunity to protect that £1 billion a year investment and look after some of the most vulnerable people in our society is before us here and now. If we fail to take it, there is no one else to do it in our place. As it is, there are no powers to protect those adaptations or to give those in need first refusal, but there should be. I beg to move.

Baroness O'Neill of Bexley Portrait Baroness O’Neill of Bexley (Con)
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My Lords, I thank my noble friend Lord Fuller for raising the important subject of adapted social housing. As we have argued throughout this day of Committee, we must improve how we manage the existing stock of social housing by making better use of what we have and what is being built. It strikes us as entirely sensible that, where possible and appropriate, homes that have been adapted are then given to applicants who would also benefit from those adaptations. That would save social housing providers money and ensure that we made the best use of resources and housing stock. I look forward to the Minister’s response and any details that she might be able to give us on how it might be implemented.

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I hope I have explained what local authorities are already doing, and I kindly ask the noble Lord to withdraw his amendment.
Lord Fuller Portrait Lord Fuller (Con)
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I thank the noble Baroness for her comments—I will consider them carefully. Perhaps we could have a meeting between now and Report. All I would say is that I do not think things are quite as clear or clear-cut as she makes them out to be, not least because the problem can arise when someone has been allocated housing and has not necessarily made a full disclosure of their needs, and then, once they are in, they can move things out. I think there is a requirement.

I accept the point about statutory guidance, and I will, I hope, talk to the Minister or officials between now and Report, and consider my position. But in the meantime, I beg leave to withdraw.

Amendment 89 withdrawn.
Moved by
90: After Clause 16, insert the following new Clause—
“Social purpose of registered providers of social housing(1) The Secretary of State must issue guidance on the social purpose of registered providers of social housing.(2) The guidance must include—(a) promoting tenant wellbeing;(b) effective state management; (c) the prevention and reduction of antisocial behaviour;(d) community engagement;(e) the provision and maintenance of safe and sustainable neighbourhoods;(f) the balance between development activity and social responsibilities of registered providers.(3) Registered providers must have regard to guidance issued under this section.(4) The Secretary of State must lay a copy of the guidance before Parliament.”Member’s explanatory statement
This probing amendment would require the Secretary of State to issue guidance on the social purpose of registered providers of social housing and the wider responsibilities expected of them beyond housing development.
Lord Fuller Portrait Lord Fuller (Con)
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As part of my ward work last month, I was surprised that a home in Brooke, in my ward where I live, under the Victory Housing banner, is actually owned by part of a much larger RSL headquartered in Gloucestershire. I mentioned it at Second Reading, and since then it has reached out to me to explain that it actually has a local team to manage these properties. That is reassuring, but the truth remains that the shots are called from miles away. It is a close-to-home example of the way in which the RSL landscape has consolidated, as small RSLs have bought up others and then in turn been taken over still further in the name of economies of scale.

I can understand why this has happened, but scale has not been good for tenants. Tenant reps have been excised from the landscape. There is a lack of local accountability, with national RSLs populating their boards with the great and good from out of town, the consequences being that a focus on local matters such as anti-social behaviour has been relegated to the subs’ bench—and I am conscious that the football starts in a minute.

At Second Reading, I suggested that the Bill could be stronger on anti-social behaviour to demonstrate that the Government are on the side of law-abiding residents, but it is not. That is one of the reasons that have prompted me to introduce Amendment 90 to mandate that and other desirable traits so that the social purpose of social providers is enshrined in law.

I explained how there has been a consolidation of actors in this space, but one of the reasons for liberalising certain financial powers in the Bill—which I do not oppose—is that it will drive financial engineering to new heights. It is the intended consequence of the Bill, but the liberalisation must come with strings attached. It should not be necessary, but it now has become so, to state what the social purpose of RSLs is, not least because there is £35 billion burning a hole in the Government’s pocket. Our job, it seems to me, is to ensure that there is conditionality attached to that largesse if RSLs are to be favoured with cheap money and government underwriting in a way that Berkeley, Norfolk Homes or Redrow—others are available—are not.

In too many cases, RSLs just do not grip the anti-social behaviour that blights the lives of neighbours. I know, because I have seen it myself, that others look away when the criminality is committed. We have the nonsense of community gardens left ungrown and untidy in the name of “No Mow May”, which lasts all year. It is lazy and slovenly, and impacts families miles away from the out-of-towners who sit on these boards.

It is telling that in a briefing on the Bill by the National Housing Federation, which explained that it runs more than 2.5 million homes, supporting 6 million people living in 62% of all the social homes in England, there was not a single mention of social purpose, save to say that the federation was driven by it without explaining what it means. Front and centre it certainly was not.

I know why this has happened. Candidly, among RSLs in particular, there has been far too great a focus on development. That has led to the loss of social purpose. The truth is that as RSLs have become overleveraged, they have been caught out by increases in build, finance and land costs, and there is no financial space for the social purpose—an omission the Bill should correct.

We are in Committee, so I have had a stab at defining what the social purpose could be. It is duplicated in Amendment 110. For those organisations that want to take the Government’s shilling in a way that is not available to other private developers, we need to look at the strings attached. My amendment would enshrine six key principles—I will not list them, in the interests of time, but they are there in the amendment—and regulations to codify them, along with success factors, would follow.

Too many RSLs have taken the wrong path. They have strayed from their original purpose. They have lost sight of the social purpose. Instead, they have been hooked on speculation and property development, on the back of cheap government finance, so we need to bring them back on track. If you take the money, my amendment would provide the hair on the deal. It is not too much to ask. If they want to take the cash in a way that is not available to private operators, they need to take their social responsibilities seriously—and if they cannot, they can go to Barclays, NatWest or Lloyds, or any other bank, just like the others. I beg to move.

Lord Stoneham of Droxford Portrait Lord Stoneham of Droxford (LD)
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I am going to speak very briefly—there are matters of life and death about to start in 10 minutes, and I am not going to stand in the way of that—but I am surprised by these amendments. They have been tabled by Conservative Peers going for centralisation and more regulation. We want better people running housing associations; we want good chairs, good chief executives and effective boards. I have to ask: do you want social entrepreneurial spirit, creative drive and a commitment to efficiency in customer services to be suffocated by overregulation, interference and process? We need a balance. I do not believe these probing amendments aim to provide a balance.

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Finally, I turn to Amendment 115, tabled by the noble Baroness, Lady O’Neill. I am not persuaded that this approach is necessary. Since 2024, the regulator has implemented a proactive consumer regulation regime, including routine inspections of large landlords and the introduction of consumer gradings. Mandating tenant-triggered inspections risks cutting across this approach, potentially diverting regulatory resource away from higher-risk providers or issues and undermining the regulator’s ability to act independently. Tenants have clear and established routes to escalate concerns, from the internal complaints procedure to the Housing Ombudsman. The Housing Ombudsman can then refer a complaint to the regulator where they suspect an issue at the level of the landlord. Given these reasons, I kindly ask noble Lords not to press their amendments.
Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I am grateful to the Minister for drawing my attention to the guidance published on 9 June. I was not aware of it, and I will look at it closely. However, the title was all about how you deliver more houses. My amendment is not about the number of houses; it is about the social behaviours, because they are not working at the moment. By following the money, we see that, without strings, too many RSLs are focusing too much on development and not enough on doing the right thing. The noble Lord, Lord Stoneham, enumerated a number of things. I could not write them down fast enough, but customer focus, innovation and other things were all there. However, left alone, these things are not happening.

I want a light touch, but, ultimately, I want to establish the principle of the deal: if the RSLs want cheap government money to expand their estates, there need to be strings attached, and those strings go with a rededication of RSLs to the social purpose, rather than focusing on financial engineering, because that is not in tenants’ best interests. On the ground, we are seeing that, when tenants do have genuine concerns, they are not being addressed promptly. The well-being of the estates is not at the forefront of the mind, and that is not good for anybody. So, if you want the money, you can have the hair on the deal; otherwise, go to Barclays. I beg leave to withdraw my amendment.

Amendment 90 withdrawn.

Social Housing Bill [HL]

Lord Fuller Excerpts
Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I associate myself with the comments of the noble Lord, Lord Cameron of Dillington, on Amendment 7. It is important that rural social housing stands apart from the generality of the pool of this valuable resource.

My Amendment 24 is a repeat of an amendment I tabled in Committee. Quite simply, it seeks to ensure that, when a social home is sold, the proceeds are recycled locally within the same strategic housing market area. When I was the leader of a council for nearly 20 years, every single home lost to right to buy was replaced and more. It can be done if you are organised about it. We recycled all the proceeds of right to buy into new homes by adding extra money alongside. Social housing is not the finite resource that some people would tell you it is. One of its features is that it permits a mechanism to renew over time the stock of social homes. As one house is acquired and replaced, it modernises the pool and provides affordable homes for new families. It keeps the system up to date.

I welcome the principle set out in the Bill that the receipts received by a council can be recycled by that council in pursuance of that replacement principle, but I have concerns that the Bill will prevent receipts in one authority being applied to a neighbouring one even if they are in the same housing market assessment area. In Committee, the Minister explained that it would be very difficult to define such areas, but I disagree. We have both been council leaders. When local councils, either individually or with their neighbours, plan for new homes under a local plan, there is a statutory duty to define the housing market area on which the plan will operate.

I remember very clearly devising a plan with two of our neighbours. Collectively, we set the target for how many social homes were required and that number was judged to be sound by an independent inspector. This is not something you just pluck out of the air. Later, when our neighbours in Norwich could not spend their right-to-buy receipts fast enough, they gave the money to us and we built new homes no more than a mile from the city boundary. It benefited everybody.

With that in mind, noble Lords might ask why we need my amendment. The answer is that we had to go through the rigmarole of applying for special dispensation from Norwich to lend or give the money to us to build a house no more than a mile from its boundary. That was crazy. If we are to devolve powers to local government, as the new Government installed only today intend, my amendment would speed that up and deliver more homes, more quickly.

I have spoken about councils. I now want to talk about RSLs, which are a significant part of the mix. They sit apart from councils and there is a whole panoply of RSLs that, having started small, are now in many cases huge concerns. In Committee, I explained that a local Victory Housing association close to where I live, which was originally spun out of North Norfolk District Council some 15 years ago, is now part of a huge combine where the shots are called in Gloucester, 200 miles away. The effect of my amendment would be to ensure that, if one of the old Victory homes was sold in Norfolk under right to buy, Victory would be compelled to replace that home close by rather than in other parts of the country. We must remember the principle that organisations such as Victory, now absorbed into Flagship, received those houses in trust from their predecessor bodies—for the most part, our councils. My amendment would ensure that the proceeds were recycled within the same area from which the home was originally seeded by those predecessor bodies.

We have a Social Housing Bill that purports to maintain the supply of local social housing. My amendment would give legal weight to that. Accepting it would mean that RSLs are required to replace the right to buys close by, not in other parts of the country miles away—in other counties or regions or even on the other side of the country where houses are possibly much cheaper to build but where the need is not necessarily there. It is as simple as that. My amendment recognises that the stock is not just a national numbers game; it is more local than that. If we accept it, it will make the Government’s stated objective of delivering more social homes much easier than it otherwise would be. I invite the Minister to agree.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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My Lords, in winding for these Benches on these amendments, I start by saying that I do not intend to give long speeches opposing amendments we do not agree with; I believe that is the Minister’s job. I intend to be concise when setting out where we stand on each group, partly because, as noble Lords can hear, I have a little bit of a throat.

In the view of these Benches, these amendments largely seek to turn back the clock on reforms to right to buy. At a time when thousands of families are waiting for a secure, affordable home, the answer is not to make it easier to lose social housing stock faster. That sums up our view.

We believe that Amendments 1 to 6 would dilute or remove these important reforms. On Amendment 7, I have some sympathy with the perseverance the noble Lord, Lord Cameron, has shown throughout on rural issues. I believe his intentions with regard to social housing are genuine, so I look forward to what the Minister has to say. But these amendments could weaken protections for newly built social homes by reducing the period during which they remain protected from sale, and that risks repeating one of the great mistakes of past housing policy: selling homes without replacing them. Two noble Lords have made much of how wonderful they were at replacing one for one and more, but we all know that that was not the reality and we do not want to repeat that.

On Amendments 9 to 12, of course we welcome transparency, but reports and reviews do not build houses. Our support is squarely behind the Government in increasing the supply of affordable, especially social homes, not creating additional reporting requirements. There are numerous amendments on Report that ask for more data and more reviews. I was grateful to the Minister for her letter this morning, albeit at the eleventh hour. There is a wealth of data there. It is sometimes difficult to pull it all together, but it is particularly informative.

Amendment 24, tabled by the noble Lord, Lord Fuller, is described as a probing amendment. I have some sympathy with it, but when I thought about it, I realised it would impose unnecessary restrictions on how receipts are recycled. I was left questioning how big a problem this is. How many councils have trouble spending their receipts? If they know they are running into danger with that, do they not chat to their neighbours and say, “This is going to happen. Can we spend this between us?”

Lord Fuller Portrait Lord Fuller (Con)
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I do not deny that we talk about it neighbour to neighbour, but the example I gave showed that in order to give effect to the desirable outcome I think we both seek, we had to have special dispensation. That was a waste of time, it added cost, it imposed delay and it increased risk. My amendment would sweep away all those impediments and let us get on with building the social homes we need more quickly without interference from the Government, who, if they are in their right minds, would say yes anyway.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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I am not sure that it is quite as big, difficult and dramatic as that—we just did it.

We believe that the priority must be more social housing. We believe in better protections for existing stock and a housing system that works for those who need it most. We do not believe that these amendments help us to achieve that. I completely respect the views of the noble Lord, Lord Jamieson, and his team on this. I believe this is a legitimate political difference and we are just not going to agree on it, hence my short but sweet contribution. I hope to continue in that vein throughout the rest of the afternoon and evening—but not too late into the evening, I hope.

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Two years after a Select Committee recommended that buyback should be considered as part of the solution, it is time for the Government to act decisively to protect existing shared owners from financial harm and to restore confidence in the model. Shared owners have been failed by a scheme that was intended to help them. This was not Parliament’s intention when shared ownership was promoted as a stepping stone into home ownership. I beg to move and reserve the right to test the opinion of the House on either or both amendments.
Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I strongly support the shared ownership review proposed by my noble friend Lord Young of Cookham and supported by the noble Baronesses, Lady Watkins and Lady Thornhill, who have added their names.

In Committee, I drew attention to the asymmetry of powers and the imbalance in negotiating strength between the landlord and tenant in the case of shared ownership. I trod carefully when I characterised those who entered into these arrangements as financially unsophisticated, but the truth is that, in their natural desire to own at least part of their home, they have signed up to a situation with the certainty of all the costs but only the possibility of some of the uplifts if they happen. The terms of trade are stacked against them.

My noble friend Lord Young has raised several issues specific to shared ownership, which I will not repeat. Each is important in its own way. The Government feel that they are all independent of each other. The Government want to deal with them one at a time rather than all together, which is wrong. My noble friend concludes that the issues are harming, possibly irreparably, the case of shared ownership. I agree.

I am speaking in this debate because, after Committee, I was contacted by a shared ownership tenant, Lucy Hassall, who had heard what I had to say. She is sitting below the Bar of the House today. I want to use her case to prove the need for a fundamental review to reinvigorate the case for a fair and reasonable shared ownership system that works for families and helps them to build a stake in society.

Let us break down Lucy’s case to demonstrate why a fundamental review is needed. She spent a sum of money on a 99-year lease on a two-bed flat in 2005. Now, 20 years later, it is worth a little bit less—it happens. Last year, she wanted to move and inquired of her RSL about the process to sell. The landlord replied, stating that there were about 80 years left. In fact, there were under 80 years left. At that stage, they could have entered into a lease extension at no marriage value charge at all. The RSL manager, whom I will not name but who styled herself as an adviser, did not disclose that any delay could crystallise that marriage value. That was sharp practice and far from the social purpose that the National Housing Federation tells us is the golden thread that runs through all RSLs. Time apparently was not of the essence when indeed it was. Quite simply, Lucy and her husband were misadvised by their landlord, who was acting as a privateer, advancing their own pecuniary interests over the interests of their tenant.

A year later, Lucy inquired again about selling and was quoted £12,000 for the marriage value, plus £600 to confirm the cost of the leasehold extension, another £800 to cover some legal fees—her own legal fees—and another grand for the RICS to do an independent property value. This was all plus VAT—let us say £16,000 out of taxed income for a system that is available by law only to people on limited incomes. This was all in addition to the service charges and estate charges that were referred to by my noble friend Lord Young. I have received the same pleas from members of the public. This morning, a lady wrote to me saying that if only she could give away her 50% share in her shared ownership home for nothing she would be satisfied, but even at zero cost the landlord will not take it back. Why did the Hassalls’ RSL not write proactively to warn them of the marriage value jeopardy as the line approached? They did the reverse.

Now I look at the marriage value claim of £12,000. There is a helpful GOV.UK web page that helps people to assess what the marriage value might be. It is £11,000 to £12,000, but that is for 100% of the value and the Hassalls have only 50%. Had they been correctly advised 12 months ago, they would have owed nothing. This is a case of gross overcharging and further sharp practice. If shared ownership is to be the joint enterprise that it purports to be and that Parliament intended then there should be a degree of equity in the apportionment of these charges. The basic terms of these agreements are unfair. The tenant cops the lot and the landlord gets off scot free. That is not fair to people earning less than £80,000 a year, who are the only people who qualify for this. It is an abuse.

I have not tabled my social purpose amendment on Report, as I did in Committee, but perhaps I should have done. I am grateful to the Minister for writing to me about the issues in the Hassall case. I do not blame her for the disappointing reply. She just stated the law as it is. However, it proves that the law needs to change. She explained that the issue is down to the Hassalls because they have chosen to move.

Elsewhere in the Bill, the Government purport to support the victims of the social housing system. However, the Minister’s letter just perpetuates victim-blaming of those people who have purchased a shared ownership home and were suckered in on unfair terms that I will not repeat. We must have this review to correct the asymmetry of risk and reward and of market and pricing power, and to constrain the RSLs that are acting with a predatory and pecuniary advantage and obvious conflicts of interest. We must review the cost apportionment between the landlord and tenant, and ensure that there is proactive information for people who have been financially unsophisticated and suckered into these basic terms. I concede that the Minister has advised us on the selling of 99-year leases that it will be 990 years in future, but the marriage value is a further punch in the guts. That is the reality of the situation.

Lucy says that she has been left with an unsellable property and considers herself misadvised and mis-sold. I agree. A review is essential, otherwise shared ownership as a tenure is finished. That would be a shame, for it should be part of the mix. This Bill is before us. The moment to sort it out is now.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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My Lords, the joys of following the noble Lords, Lord Young of Cookham and Lord Fuller; I will be less hyperbolic but sincere and completely agree with what has been said.

The Minister will not be surprised that we on these Benches strongly support these amendments. She has been very generous with her time and commitment to this issue. However, we have reached a crunch point, which is why we will support these amendments and why we were pleased that they have been brought forward. The noble Lord, Lord Young of Cookham, has outlined everything clearly. I would go so far as to say that I do not really want another review; the facts are already known. Much work has already been done and some of the things that are wrong need urgent remediation, not waiting and waiting for a review, an outcome and the rest of it, but we are where we are.

Buyback and staircasing are the two main issue. Just imagine the horror. It is Kafkaesque to be unsellable and unmortgaged. Just think about that. I am certain that this would prey on anybody’s mental health. We need urgent action. Shared ownership is supposed to provide a route into homeownership. We on these Benches believe that it is a legitimate route for those who cannot afford to buy outright, especially in areas with high housing costs. We have all been contacted by very real people in very real circumstances; you do not want to be there. There does not seem to be a way out. I found the Minister’s letter very clear and compassionate, but it felt like she too was trapped, like the many people whom we are talking about.

This happens to people through no fault of their own. They have spent years being unable to sell or remortgage because of building safety. I would be really interested to know where we were on that—especially the failure of the external wall standard and being unable to staircase to 100% ownership due to rising property values, higher mortgage costs and additional fears. Many people who are unable to move on have become accidental landlords. We had one case where someone said that it is costing them hundreds of pounds a month to be an accidental landlord. When you are on low incomes, which you must be to be in this model, that is a hell of a lot of money every month. How do you deal with that? It is not what the scheme was designed to deliver and not what we would hope for it.