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Social Housing Bill [HL] Debate
Full Debate: Read Full DebateLord Holmes of Richmond
Main Page: Lord Holmes of Richmond (Conservative - Life peer)Department Debates - View all Lord Holmes of Richmond's debates with the Ministry of Housing, Communities and Local Government
(2 months, 1 week ago)
Lords ChamberMy Lords, it is a pleasure to start the debate on this second group of thoughtful and varied amendments. We have just heard a spectacular defence from noble Lords of the right-to-buy scheme, which the Government seem determined to restrict quite drastically throughout the provisions in the Bill. In Clause 1, the Bill proposes to extend the qualifying period for right to buy from three to 10 years. I will focus on Amendment 2 in my name, which is a probing amendment as to the rationale behind this extension.
I already have concerns that tenants of social housing who are able and willing to buy their property should be forced to wait longer. I understand that the Government, in their manifesto, committed to increase the protections on newly built social housing, but this provision would affect existing social housing tenants too. There may be many tenants right now who are on the cusp of reaching the three-year eligibility requirement, with high hopes of finally being able to own their own home, but who will have to wait an additional seven years when the Bill becomes law, unless it is amended. That is a long time to wait and be on welfare. If the Government insist on an extension to the qualifying period, why not extend it to five years rather than 10, as my amendment suggests? Can the Minister explain what evidence base there is behind that number? In addition, exactly how much social housing stock is a 10-year extension expected to protect for us—as opposed to five, say—and how has the impact on existing tenants been assessed, if at all?
We must ensure that 10 years is not just an arbitrary number chosen randomly. If there is a justification, it should be outlined and explained clearly for the House to scrutinise. We must also remember that we are talking about real people living in social housing right now—people with hopes and aspirations, whose rights to buy a property should not be treated carelessly or without thought. What data do the Government have, if any, as to how many tenants are about to reach the three-year qualifying period? Can the Minister please share that data with the Committee? I look forward to hearing the Minister’s response and from other noble Lords who have tabled amendments in this group. I beg to move.
My Lords, it is a pleasure to take part in this Committee. I apologise to noble Lords that I was not able to be in your Lordships’ House for Second Reading. I declare my relevant technology interests as set out in the register, variously as adviser to the Crown Estate, Endava plc and Simmons & Simmons LLP, and as non-executive director of Avalanche (BVI), Inc and the Avalanche Foundation.
In my set of Committee amendments, I want to assist the Bill by bringing the strands of inclusion and innovation and talent and technology through every possible supportive clause of the Bill. In this group, I speak to Amendments 3, 10 and 13 in my name.
Amendment 3 sets out provisions to establish a digital life-cycle service for right to buy. In doing so, it would provide greater empowerment, knowledge, connection and communication to those who may wish to avail themselves of the right-to-buy service. This would be an effective and important use of digital technology and, through that, could play a positive part in enabling digital inclusion. Critically, the amendment does not seek to rely just on digital; it sets out provisions for alternative means of connection to ensure this life-cycle service could be achieved through systems such as text messaging. Amendment 10 would develop this in the context of fraud requirements, clearly supporting the measures in new Section 124A inserted by Clause 4.
Amendment 13 further seeks to use the benefits of technology to provide an immutable record—an audit trail—which is tamper-proof for all Section 122 applications. In 2017, I wrote a report on blockchain called Distributed Ledger Technologies for Public Good. At that stage, I wanted to set out not just the potential public use cases but the public value cases in which the distributed ledger and other technologies could assist across the state. My fear was that, if these potential use cases and value cases were not set out, the debate would get stuck and, whenever blockchain was mentioned, it would naturally be assumed that it meant just Bitcoin, which had nothing to say on beneficial provision for operations of the state across potentially all government departments and local authorities. Amendment 13 is therefore one such potential use case or value case, where there could be a clear audit trail, available for all, of use to the department, and indeed the regulator, with the safety, security and knowledge that it is a clear, accurate, immutable record of applications and any potential fraud hearings and investigations that have happened around right to buy.
These three amendments look to deploy the benefits of such potential technologies. I believe they would greatly support the provisions set out in the Bill.
My Lords, I will speak to government Amendments 4, 6 and 122 in my name now and then come back to close at the end, if that is all right with noble Lords.
The Government clearly set out in our response to the consultation on reforming the right to buy that we would prevent existing property owners or those who have previously benefited from the scheme exercising right to buy unless there are exceptional circumstances. This was supported by 91% of respondents to the consultation, including 86% of social tenants who responded. We have already drawn up the latter part of this commitment through Clause 2 of the Bill and intend to add to this by including a provision in new Clause 2 to prevent existing residential property owners exercising the right to buy. The Committee will appreciate that defining residential property ownership is complex, given the many forms that property ownership can take. Capturing this complexity in legal drafting required additional time, meaning that this clause was not present at introduction. Given that the intent behind the right to buy is to enable tenants of social housing to become home owners, preventing existing property owners using the scheme is a fair and rational approach.
We have set out in this amendment what we think is a reasonable definition of a residential property owner. The new clause will apply to anyone who owns a residential property, whether owned outright or with a mortgage. Leasehold and freehold properties will be captured, with exceptions for short-term leases under 21 years, as will joint ownership and any properties owned outside England, including those held in Scotland, Wales, Northern Ireland and abroad. As in Clause 2, exemptions will be made for victims of domestic abuse who have moved from the accommodation that they were occupying for reasons connected to the abuse.
As part of the application process, tenants will be required to declare to the landlord whether they own another property and landlords will be able to check the information that the tenant provides. If tenants are seeking exceptionally to buy under a right-to-buy scheme, where they already own a residential property, because they have been a victim of domestic abuse, they will be required to provide evidence of that to the landlord. Amendment 4 thus follows through on our commitment to exclude existing property owners from using right to buy and is accompanied by Amendments 6 and 122, which are consequential and enable the new clause to operate as intended. I commend these amendments to the Committee.
Baroness Lawlor (Con)
My Lords, I rise to speak to my Amendment 58A in this group. I am delighted to support the other amendments in the group about which the noble Baroness, Lady O’Neill, has spoken, asking the Government for various assessments of impact.
The Government contend that they want to protect the stock of social housing but also to maintain the right-to-buy scheme, but under the Bill tenants are likely to be discouraged from exercising the right to buy by obstacles, delays and uncertainties posed for a renter aspiring to home ownership. My amendment would require the Government to provide on an annual basis, once the Bill comes into operation, an analysis of the income to the public purse as a result of any change in the number of sales, broken down by the numbers sold, the resulting income and additional income from cost savings from overhead and maintenance when a property is sold and no longer a charge on the council. This should equip the Government to assess the scheme and its costs in the round against competing commitments when establishing an order of priority in spending, as Governments must do, and an overall budget. Councils too would have the essential figures to judge how best to meet their competing commitments and responsibilities.
Indeed, for a democratic system such as the UK, Parliament should also be given the full picture to assess matters and judge how the legislation is operating. Above all, the public, who foot the bills through council tax, rates and general taxation, and who face the highest overall levels of certain taxes—income tax et cetera—since records began in 1948, should also know what impact these changes will have in respect of right-to-buy sales. One of the most popular measures passed by any Government since the 1980s, right to buy has enabled 1.9 million council homes in England alone to be sold to tenants so that they can stand on their own two feet.
There are two deeper reasons for my amendment. First, there is the imperative of obliging any Government to take account of the finances of the country in making policy, and the burdens their policies might place on the economy and on the people and businesses who work and pay taxes. Secondly, there is a need to reduce benefit dependency, yet one of the most effective ways of reducing dependency is to help people to buy their own homes. By contrast, one of the most dangerous ways of encouraging dependency is to put increasing numbers of people in the socially rented sector, where already 25% of households fall into the economically inactive category and other inactive categories. This is excluding people who are retired or have a physical impairment. If the Government are serious about reducing dependency, they should not be putting new obstacles in the way of people who want to buy their council houses.
I hope the Government will accept this modest amendment for an impact statement on the results of the Bill. This would ensure that the Government themselves, the councils and everybody who needs to know has the knowledge of the outcomes of the new arrangements, so that we have the evidence to measure the impact of the Bill on right-to-buy sales and associated finances. On that basis we can review the Bill and, if necessary, make changes.
My Lords, I will speak to Amendments 101 and 104 in this group, which are in my name. Quite simply, they would impose equality impact assessments and ESG assessments, ensuring that, in this important area of work, local authorities and landlords are doing the right thing by tenants but in a way which is equitable across all protected characteristics for the many vulnerable people they have in their care in the social housing sector.
That is critical as, without an EIA, it is impossible to have the evidence that something is occurring. This would be good not only for tenants and those who want to see that the right thing is being done but for landlords and those with responsibilities. The evidence could be brought to bear that they are operating in a way which is equitable and accessible, and they could prove that point. If the EIA demonstrated that that is not the case, action could be taken to address those inequalities.
On Amendment 104 and the ESG assessment, the environmental case is clear for housing with the energy crisis we currently have. Equally important are the “S” and “G”, which often do not get the same focus. Looking at the composition of housing boards here is critically important as well. Quite simply, the two amendments would fit together to ensure that there is clarity around EIA and ESG when it comes to this important area of work.
I support the amendments in the name of the noble Lord, Lord Holmes, in particular on the ESG framework. The reason is, frankly, that we need better figures about what is happening. I say to the Minister that this is not because I disagree with the Bill—in many ways it is a perfectly reasonable Bill—but because Parliament needs to know more about what happens when we make decisions and what is actually on rather than what we hoped was going to happen. That is why these two amendments are valuable.
I hope the Minister will not be disappointed if I say that I am very much concerned about the protected characteristics. However, I also want to say that I was disappointed that, in her summing up at Second Reading, she did not refer in any way to the problems of rural housing. We talk about protected characteristics, but the way in which this House increasingly ignores what is happening in rural areas is a disgrace. The ESG framework, proposed in Amendment 104, is important here, because there is a particular problem in the countryside with the quality of social housing that is provided. I hope that the Minister will, in future, always think about the particularities and worries of the countryside. Above all, we need to know, because then we can assess whether this is as good a Bill as we hope it will be or whether it will need changes in the future. If we do not have the figures, we cannot possibly make proper statements.
I hope that housing can be more and more understood as something that can be cross-partied agreed, disagreed and argued, and then it will come down to the facts. For far too long we have argued about housing from principles and party-political views and have not got down to where we actually are. The noble Lord, Lord Holmes, has done the Committee a great service in asking that we get facts and know what is actually happening in order that we can make decisions in the future.
Social Housing Bill [HL] Debate
Full Debate: Read Full DebateLord Holmes of Richmond
Main Page: Lord Holmes of Richmond (Conservative - Life peer)Department Debates - View all Lord Holmes of Richmond's debates with the Ministry of Housing, Communities and Local Government
(2 months, 1 week ago)
Lords ChamberMy Lords, I will speak to Amendment 48 and all other amendments in my name in this group. All the amendments in this group, whether they concern AI, data or interoperable systems, are predicated on a number of straightforward questions. Do we believe that, when it comes to social housing, for those providing and maintaining social housing, and for those tenants living in social housing, the considered and thoughtful deployment of AI, data and new technologies could be assistive in those endeavours? If we believe that there is something in that then we should look to the Bill, as currently drafted, and see that it is curiously silent on all these new technologies and data possibilities.
That is important, not just because there is currently nothing in the Bill on those matters but because the Government’s stated position on artificial intelligence is to not have cross-sector AI legislation. There is nothing unusual or party political in this; it is exactly the same position that the previous Government adopted. However, I believe that both Governments have taken a suboptimal and unfortunate approach to AI regulation and legislation in this respect. If we accept the position of the current Government—no cross-sector AI legislation and a domain-by-domain approach—here we have such a domain, social housing, so where are the domain-specific AI provisions in the Bill?
In looking at the amendments I have set out, it is helpful to take a purposive rather than literal approach to their interpretation. This is always a far more productive approach, whether one is doing statutory analysis or Bill consideration. To that effect, on Amendment 48, we can take out the technology blockchain and simply ask whether it would be beneficial to have a system of audit trail in these circumstances that is tamper-proof and immutable, and a record of which everybody has the same view in real time, at any time. Would that be a positive thing to have? Similarly, when it comes to using data, having the right mechanisms and frameworks for sharing data across agencies and departments for the benefit of housing associations, landlords and tenants, with all the right privacies and consents put in place, is at least worth considering.
Amendment 60 is about zero-knowledge proofs. Would it not be worth the Government at least considering whether they could provide—and through their action enable housing associations, landlords and other interested parties to have—a far safer and more secure means of supporting and assisting tenants, particularly vulnerable tenants, who are often at the sharpest end of horrific situations in our society? Would not zero-knowledge proofs be worth considering and potentially piloting? We could have credentials which could enable support and assistance to be provided for those vulnerable tenants without any sense of being able to identify who they were.
If we suggest that AI may be of benefit, it would make sense to experiment and look to proof cases across the social housing landscape. If that were the case, would it not be helpful for government to offer flexible support and guidance—not prescriptive but certainly principles-based—to further enable and empower housing associations and landlords to have greater comfort and confidence when they seek to procure and deploy AI and algorithmic systems across their operations?
All these amendments have the potential to support and assist the underlying approaches set out in the Bill and the landlords and housing associations that seek to do best by their tenants, and indeed to empower and enable tenants themselves—yes, to have greater safety, security, privacy and protection, but also to have more empowerment through the considered development, proof case and deployment of certain technologies, including AI, in this space.
If the Government are not going to have cross-sector AI legislation, which they are not, what will the approach be to AI use for social housing, so that tenants can be protected and so that, through the deployment and use of predictive analytics, for example, potential horrific harm situations can be avoided before they even occur? Similarly, predictive analytics could produce a repair schedule that kicks in before the need for any of those repairs becomes acute. Those are but two examples—there are hundreds and thousands more.
How will tenants, landlords, and anyone else across the social housing ecosystem be enabled, empowered and supported, and have the comfort and the confidence to use and to be alongside these new technologies, not least AI, if the Bill stays silent on these important matters?
My Lords, in this group I have Amendment 114, which is about freedom of information.
I start by commending my noble friend for being forward-thinking in his consideration of AI and the impact it will have. I particularly like his Amendment 99. I appreciate that his explanatory statement says:
“Compliance with the standard is a precondition for any AI deployment in connection with functions under the Act”.
However, the broader point made is simple and straightforward, and would help not only central government but local government and those involved in more regional planning, as is anticipated, with Acts already passed in this Parliament, to have a better grip of what is going on. Having said that, I am surprised by quite how many Answers come back from Ministers—not necessarily the Minister answering today—saying that it would cost too much money to work out an answer to a Question tabled by a Peer. Let us get AI, or indeed data, to help us in this regard.
I turn now to Amendment 114, which again is quite a broad-brush amendment about the Freedom of Information Act. Recognising the special situation that private registered social housing providers are in, I think there is something more that we, the public, should be able to understand about how they operate their business. This is not unique; it is already undertaken in Scotland. In 2019, the Freedom of Information (Scotland) Act was extended to include registered social landlords. This was done on a limited basis—not the entire range of what the FoI Act does in the rest of the UK, or certainly in England and Wales—but it is there to increase openness and transparency by allowing people to understand how they work, how decisions are taken, how public services are delivered and how they spend their money.
My Lords, I am grateful to noble Lords for the amendments on data, digital systems and technology within the social housing framework. I thank the noble Lord, Lord Holmes, and the noble Baronesses, Lady Coffey and Lady O’Neill, for contributing.
Amendments 48, 49, 59, 60, 97 to 99, 114, 117 and 117B raise important questions about transparency, security and the effective use of data in delivering housing services. I will take each amendment in turn, beginning with Amendments 48 and 49 tabled by the noble Lord, Lord Holmes. Amendment 48 sets out the details that the noble Lord would like to be included in a ledger prepared by housing providers. It would require the Secretary of State to publish annually an analysis of disposal data, cross-referenced with housing need data, that identifies areas of net social housing stock loss.
I appreciate that the noble Lord wishes to ensure that private registered providers maintain a robust record of their disposal notices. In turn, this supports the analysis he wishes government to undertake each year on disposals, housing need and the net loss of social homes. However, again, I think we must remain alive to avoiding undue requirements on registered providers, and indeed government, and also recognise the information and data already available.
The Regulator of Social Housing already collects and publishes data annually on sales by all large private registered providers. Local authorities already, as part of the plan-making process, publish their assessment of housing need. Finally, the Government already publish on GOV.UK statistics on affordable housing supply in England, including annual social housing sales and demolition figures, and statistics on the delivery of new affordable housing supply.
Amendments 59 and 60 seek to place cyber security requirements on landlords when handling data connected to the domestic abuse protections and would require the Secretary of State to establish a pilot programme to test zero-knowledge proof techniques. I must admit, that is not a term I had heard before I got involved in this debate. It is critical that the domestic abuse protection measures work in practice. I welcome the intent of this amendment and recognise the importance of landlords working sensitively and safely with data when considering cases and making a possession claim to the courts.
Social landlords work with tenants on a range of complex issues and can make possession claims on other sensitive issues such as anti-social behaviour. They are therefore very experienced in considering these matters. As the responsible data controllers, we expect landlords to handle tenant data responsibly. Social landlords are required to handle sensitive information securely and lawfully under UK data protection law, including the UK general data protection regulation—GDPR—and the Data Protection Act 2018. These laws are regulated and enforced by the Information Commissioner’s Office.
We will be working with landlords and the wider sector to ensure effective implementation in practice. That will include considering whether additional or further guidance or best practice is needed on data protection and confidentiality to support the safeguarding of victims as a result of these reforms. It is right that these considerations are alongside wider implementation, working with the sector. I therefore ask the noble Lord not to move his amendments.
Amendments 97 to 99 and 117B, also tabled in the name of the noble Lord, Lord Holmes, seek to put in place frameworks for data handling and sharing and the use of artificial intelligence in the social housing sector. I recognise and welcome the intent behind the amendments and support the aim of ensuring effective data protections. However, the amendments are not necessary. They would introduce prescriptive frameworks for data usage in social housing decisions, which would not be the right approach to achieving the desired aims. In gathering evidence and making decisions related to social housing, individual social landlords and multi-agency partners are best placed to identify the systems and approaches that best meet their needs. Local housing authorities, registered providers of social housing and government departments must already operate within UK data protection law, and decisions on data protection are taken within that context.
On Amendment 98, AI, if used well, has the potential to make organisations more efficient, effective and innovative. However, social landlords and other agencies should continue to be mindful of their data protection responsibilities and ensure compliance with UK law. When considering whether and how to use artificial intelligence, landlords and multi-agency partners must still consider data protection, including its lawfulness, fairness and transparency. Again, the Information Commissioner’s Office has published guidance on AI and data protection within this context. The amendments take a significantly prescriptive approach, requiring social landlords and partners to work within centrally set frameworks. We are of the view that the objectives of the amendments are better achieved within the current data protection legislative framework.
Amendment 117B seeks to require the Secretary of State to publish a report on the use of artificial intelligence and cyber security governance in social housing provision. I recognise the intention behind this proposal and the importance of ensuring that new technologies are used responsibly and securely. However, I do not consider a specific statutory reporting requirement to be necessary. Social landlords already operate within established data protection and cyber security frameworks, and wider work is under way across government to consider the appropriate use of artificial intelligence in public services. This would be an additional statutory requirement and risks duplication with existing work.
The amendment tabled by the noble Baroness, Lady Coffey, seeks to bring private registered providers within the scope of the Freedom of Information Act. We have already taken forward a targeted and proportionate approach to improving transparency for social tenants through the introduction of the social tenant access to information requirements, known as STAIRs. This will ensure that private registered providers proactively publish more information about their activities and share information with their tenants on request.
Following a direction issued to the Regulator of Social Housing in September 2025, this scheme will come into force on a phased basis over the coming year. From October 2026, private registered providers will be required to proactively publish information about the management of their social housing and, from April 2027, tenants and their representatives will be able to request access to information relating directly to the management of their homes. Unless it is reasonable not to, landlords will be required to fulfil their tenants’ requests for information within set timeframes. These requirements have been carefully designed to ensure that tenants have access to the information that matters most to them. With this in mind, the Government’s view is that a targeted, tenant-focused approach through STAIRs is the more appropriate way to deliver meaningful transparency for tenants.
I turn to Amendment 117, tabled by the noble Lord, Lord Holmes, which would require local authorities to publish data on complaints received related to measures in this Bill. I hope that our commitment to introducing STAIRs demonstrates our commitment to transparency, which I share with him. However, we think it is important to look at complaints data in the round, looking at the whole service rather than focusing on specific measures. As such, the Housing Ombudsman publishes annual complaints reviews providing an assessment of complaints received across the whole sector. All registered providers of social housing are also required to collect and publish tenant satisfaction measures annually, including metrics on how satisfied tenants are with their landlord’s approach to complaints handling.
For all the reasons I have set out, while I recognise the important issues raised around data use, transparency and emerging technologies, the Government consider that these matters are best addressed through existing frameworks and ongoing policy development. I therefore ask noble Lords not to press their amendments.
My Lords, I thank all noble Lords who have taken part in this debate and thank the Minister for her response. My only comment is on the Minister’s statement that landlords and those in social housing should observe UK law. The difficulty is that, when it comes to so many elements of AI, there is no UK law. If tenants find themselves on the wrong end of an algorithmic decision, for example, there is no current UK law. There are some provisions, as rightly identified, when it comes to data, but not in many of the specific contexts as set out. So, currently, we have a largely analogue Bill in an increasingly digital environment, where much of that digital could be so assistive, not only to landlords and those involved in social housing but, most importantly, to those who are all too often at the sharpest end of some horrific situations where digital and AI could help. Currently, this Bill does not bring forth any of that potential help, but, for now, I beg leave to withdraw the amendment.
Social Housing Bill [HL] Debate
Full Debate: Read Full DebateLord Holmes of Richmond
Main Page: Lord Holmes of Richmond (Conservative - Life peer)Department Debates - View all Lord Holmes of Richmond's debates with the Ministry of Housing, Communities and Local Government
(2 months ago)
Lords ChamberMy Lords, Amendments 61 and 62 are in my name. Amendment 61 would ensure that social housing providers—councils and housing associations—offer a new secure tenancy to a tenant forced out of their social housing by threats of violence, including domestic abuse and gang violence, in accordance with police advice.
The amendment has its origins in the debates on the Social Housing (Regulation) Act 2023. It was proposed by Helen Hayes MP, supported by the National Housing Federation and Shelter. Helen Hayes’s constituent, known as Georgia, was forced out of her housing association home of nine years when her eldest son was threatened by gang members. The police told Georgia that her son’s life was at risk and that she should move immediately for his safety. If anyone thinks that the risks in such a case may be exaggerated, they should note that later the younger brother in this case was brutally murdered in a separate unrelated incident. Having moved swiftly to temporary accommodation, as advised by the police, when the moment came to return to a secure tenancy, Georgia found herself at the bottom of the housing waiting list once again, despite paying rent on both her original home and the temporary placement.
Georgia spent a year in dreadful temporary accommodation but then found she had no right of return to a secure home until the housing association finally relented. Amendment 61 seeks to rectify this deficiency in the protection afforded to social housing tenants, giving them a right of return where their move resulted from police advice. The Regulator of Social Housing would ensure that the social landlord granted the displaced tenant a secure tenancy. In the event of the registered provider being unable to do so, the regulator would have to ensure that the social landlord concerned co-operated with other social landlords to ensure an appropriate new, secure tenancy. Although an enlightened housing provider might ignore the administrative niceties and allow a return to a secure home, the amendment makes this obligatory, not a matter of discretion, for the social housing landlord. This would seem to be a matter of righting an injustice in the current system and would seem only fair.
I turn to Amendment 62, supported by the noble Baroness, Lady Warwick of Undercliffe. I am grateful for the important work done on this amendment by the Chartered Institute of Housing. Amendment 62 clarifies the legal position for social landlords who need to gain access to their property to carry out safety checks and works. Social landlords must fulfil a widening range of health and statutory duties following the increased regulation of the sector over recent years. However, they are finding increased difficulty in gaining access to some tenants’ homes for checks, particularly the annual servicing of gas boilers, periodic electrical safety checks and fire safety checks, including smoke and carbon monoxide alarm checks. If these checks are not done, the occupiers and their neighbours face potential dangers and the landlords themselves can be accused of regulatory failure and may face criminal prosecution.
Amendment 62 aims to clarify the law and provide an acceptable route for forced access where, in a minority of cases, this is necessary. The aim must be to prevent cases being taken to court, as well as to be clear on what happens when this is the only option in no-access cases. In 2025, bodies representing social housing providers, led by the Chartered Institute of Housing, commissioned a consultancy, HQN, to consider these issues. The resulting report, Opening the Door, provides sound advice on good practice for gaining access to tenants’ homes by consent. However, there remains the need for landlords to go to court to obtain permission to enter a tenant’s home in persistent no-access cases.
For forced entry, the social landlord currently relies on the tenancy terms and can seek a county court access injunction. Section 12 of the Housing Act 1988 applies, along with Section 11(6) of the Landlord and Tenancy Act 1985. The problem is that two conflicting county court judgments have created confusion over whether landlords really can force access to a property despite the dangers of not doing so; for example, from faulty gas or electrical installations. The social landlords have no desire to start possession proceedings for eviction, which would represent a disproportionate and unhelpful way of resolving the safety issue. Tenants might be failing to give access because of mental health difficulties, including hoarding behaviours, while others might simply struggle to make appointments. These tenants need help and support, not eviction. Amendment 62 would clarify the law, providing for compulsory access after the issuing of clear notice requirements, prior reasonable engagement and strict safeguards. It is a necessary response to a growing problem. I commend the amendment and I beg to move Amendment 61.
My Lords, I will speak to Amendment 63 in my name. I apologise to the noble Lord: I was just coming through the doors as he rose to his feet. It took me longer to get down the stairs than I was intending. It would have been easier if I had been swimming.
Amendment 63 simply extends the statutory provision to include a wider group of potential beneficiaries. In no sense does it seek to dilute the critical importance of the primary purpose of the intention around those suffering domestic abuse, but it seeks to include other groups who would benefit and whom it seems appropriate to fit within this statutory provision, not least disabled people, those coming out of care situations and those coming out of custodial situations. It seems a logical extension of the statutory provision that does not in any sense dilute the primary purpose but is very much in the spirit, intention and purpose of the Bill.
Lord Jamieson (Con)
My Lords, the amendment is in my name and that of my noble friend Lady O’Neill of Bexley. As we seek to increase housing supply, how do we ensure that social housing is not only available but safe, well maintained, accessible and capable of supporting thriving communities? The debate about housing often focuses on numbers, and understandably so, when we face such a shortfall. However, quality matters just as much as quantity. People deserve homes that are safe, healthy and fit for modern living. Equally, they deserve neighbourhoods that are well designed and capable of supporting long-term community cohesion. Amendment 76 concerns maintenance standards in social housing. The purpose of the amendment is to probe whether the existing guidance is sufficient and whether tenants can have confidence that standards will be maintained consistently across the sector.
The importance of this issue has been brought into sharp focus in recent years following the tragic case of Awaab Ishak. His death exposed serious failures in housing management and highlighted the consequences when basic maintenance problems were not addressed quickly and effectively. The introduction of Awaab’s law was an important step forward, but it remains essential that providers have clear guidance and that expectations are consistently understood across the sector. Safe housing is not simply about the condition of a property when it is first built; it is also about how the property is maintained over the many years of occupation. Good maintenance protects tenants, preserves housing stock, and reduces costs in the long term. I look forward to hearing from my noble friend Lord Holmes of Richmond regarding his amendments. I beg to move.
My Lords, I shall speak to Amendment 100 and the other amendments in my name. We have the Equality Act 2010, and the public sector equality duty, but it is clear that in social housing, as in so many other sectors of our society, these pieces of legislation and regulation, though well constructed and well intended, are not in every circumstance delivering for disabled people in their local communities, not least when it comes to their social housing needs and aspirations.
In Amendment 100, I suggest that it would be a thoroughly positive thing to have an inclusion by design standard set out in the Bill. Though it appears duplicative at first instance because of the previous legislation I referred to, it would be additive, clarifying, enabling and empowering, not just for disabled people but—by nature of being inclusive by design—for all people. Through that clarity, it would enable and empower the local authority and the landlords, who are working at the sharp end when it comes to the current social housing situation across the country. An inclusion by design standard would be something to rally around and a gleaming light that could focus attention and deliver for disabled people and all people, far more than what the current legislation specific to equalities achieves.
In Amendment 102, I seek to bring that starkly to life by suggesting accessibility and adaptive housing standards. There are standards that exist in this area currently, but to have something that brings together accessibility and adaptive housing in a clear statutory statement in the Bill would be empowering for all people, not least those who are trying to do their best to deliver on this provision. The amendment suggests a register which would clearly set out the list of adaptive and accessible housing countrywide. I know that the Minister will consider this to be centralisation, but I believe it would be empowering to all local authorities. In a sense, it is something that any other organisation and business would do. It is nothing more than having an asset register—a clear, up-to-date and real-time set of registers of what the provision is. It will enable local authorities to have clarity as to what might be available just across the way in enabling authority. I know that local authorities and landlords work incredibly hard with adjacent authorities and neighbouring organisations, but to have this provision in real time available to them would be assistive in that process. Because of new technologies, it would not need to be expensive, bureaucratic or burdensome. In fact, with some neat coding, it could very much take care of itself once established.
Similarly, on my amendment on accessibility of digital, it is right that local authorities and landlords seek to use digital means wherever they can, but it is critical that all those digital means are accessible to all in our local communities, and indeed that alternative means are always available.
The amendments are not duplicative, because what is more significant than housing? It is about the safety and security of having somewhere you can go, and when you close your front door, you can say, “This is me. This is us”. That provision, safety and security should be available and accessible to everybody across our communities, not least to disabled people. It cannot be right that just by dint of being a disabled person, for lack of accessible and adaptable accommodation, you have a longer wait on a list than a non-disabled person. These amendments would be assistive in that process. I look forward to the Minister’s response.