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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
(1 month, 2 weeks 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.