Localism Bill

Lord Kennedy of Southwark Excerpts

Monday 31st October 2011 Lords Chamber

[Baroness Hanham]

My Lords, Amendments 54, 55 and 56 are technical amendments that ensure, in line with our original policy intention, that where a fixed-term assured shorthold tenancy is demoted, the tenant can be given another fixed-term tenancy upon successful completion of the demotion period.

Without these amendments, such tenants would automatically become periodic assured “lifetime” tenants on successful completion of the demotion period. That would clearly be unfair—in effect, a reward for behaving anti-socially in the past—and mean that private registered providers would in practice be unlikely to demote fixed-term tenancies, rather than simply seeking to evict for anti-social behaviour. These amendments ensure that private registered providers of social housing who demote fixed term assured tenants are in the same position as local authorities who demote flexible tenants. I beg to move.

[Lord Kennedy of Southwark]

My Lords, I accept that these government amendments are to correct a drafting error. I am pleased that someone spotted it before the Bill left your Lordships’ House. Well done to whoever did that. It would be regrettable if we had had to waste valuable parliamentary time correcting this error at a later stage if it had passed into law. The substantive amendment clarifies that a fixed-term tenant should get another fixed-term tenancy on successful completion of the demotion period. From these Benches we have no objection whatever to that. Time is getting on and I will leave it there.

Amendment 54 agreed.

--- Later in debate ---

[Lord Best]

Once again the House of Lords consideration of this Bill has led to a really sensible change to the legislation. I congratulate the noble Baroness, Lady Hayter, alongside the noble Lord, Lord Newton—I have supported these amendments all the way—on persuading the Minister who I know has handled this with great distinction. On behalf of all the organisations which have been extremely worried about this and all the people whose complaints will now be better handled, I thank the Minister very much.

[Lord Kennedy of Southwark]

My Lords, I thank the noble Baroness for moving the amendments. They are a work in progress. I also thank my noble friend Lady Hayter for her amendment which would reduce the period before referral from eight to six weeks. I hope that the Government will accept my noble friend’s proposal.

I never really got to the bottom of why it was such an issue for the Government. Looking back to the debate on Report, it was not only Members from the Labour Benches who expressed such concerns but Members from all sides. I have always thought that the democratic filter would do nothing to improve the process of enabling tenants to resolve their complaints. The Government’s proposals allow a tenant with a complaint direct access to the ombudsman after going through a process or on the refusal of a designated person to send it on.

When the noble Baroness responds to the debate, will she say how the ombudsmen satisfy themselves that either of the two conditions for direct referral have been met? I hope that that will be something very simple, such as the copy of a letter or an e-mail confirming that the complainant has gone through the process and the period of time has elapsed, or the refusal of a designated person, as I do not want to see added burdens on the complainant.

At this point, I would like to add my thanks to the Minister, other noble Lords on all sides of the House and the Bill team as we draw to a close on this Bill. This is the first Bill on which I have contributed to your Lordships’ House’s discussions from the Dispatch Box. It has been an interesting learning curve for me. I hope, in particular, that I have been of assistance to my noble friends Lord McKenzie of Luton and Lord Beecham. I again thank the Minister for bringing these amendments back. They are very welcome.