Renters’ Rights Bill [HL]

Lord Kennedy of Southwark Excerpts

Friday 10th June 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer the House to my registered interests and declare that I am an elected councillor of the London Borough of Lewisham.

I join other noble Lords in congratulating the noble Baroness, Lady Grender, on securing her Private Member’s Bill so high up in the ballot. It is an excellent Bill which these Benches fully support. We wish it well as it begins its journey through this House.

The issues in the Bill will be familiar to noble Lords. They occupied a considerable amount of time when we debated the Housing and Planning Act in the last Session. During those discussions we were unable to persuade the Government of the merits of all the areas covered by the Bill and it is fortunate that we can return to them so soon.

The first part of the Bill seeks to give private renters access to the database of rogue landlords and property agents. It is a welcome provision but the Government have resisted it. The database contains a list of people identified by the local authorities as either banned, convicted of housing offences or issued with two civil penalties relating to housing. Local authorities can access the database and use it to more effectively monitor those at risk of breaking the law. By allowing prospective tenants access to the database, they can check if the landlord from whom they are considering renting is on the list. The landlords would know that prospective tenants could check to see if they were on the list, and that could serve as a deterrent. It could also help drive up standards as landlords would not want to be on the list in the first place. It is disappointing that the Government have not accepted this, but with this Bill they have the opportunity to look at the matter again.

The next section of the Bill seeks to end certain fees that letting agents charge tenants. These fees add hundreds of pounds to the cost of moving home and they are not fair. As we have heard, the tenant is the customer of the landlord and pays rent, while the landlord is the letting agent’s customer and pays various fees. To seek to levy further charges on the tenant as well is not fair. The fees that tenants are charged are listed in the Bill. Moving home is expensive and these unnecessary charges can add hundreds of pounds to the bill at the start when tenants do not have much money.

The third part of the Bill strengthens the Housing and Planning Act. Progress was made on the question of mandatory electrical safety checks, and that is welcome, but this Bill strengthens the measures further through the replacement of the word “may” with “must” and makes the checks mandatory every five years. When we last discussed these matters the Government said that they were going to introduce these checks and I hope that the noble Viscount will confirm that today. Given that expressed intention, it is surprising that the Government have been so resistant to having the word “must” in the Housing and Planning Act.

Privately rented homes and those built before 1919 are more likely to have a higher risk of fire. The figures are stark: 350,000 people injured through contact with electricity, around 70 people killed and approximately 20,000 house fires every year; and there are around 300 injuries and approximately 18 deaths each year from carbon monoxide poisoning, gas leaks, fires and explosions. The evidence is there for all to see. There is support from a range of organisations and we need to make clear that this important safety check has to be carried out.

The final provision relates to houses in multiple occupation. It prevents a landlord from being granted an HMO licence if they are on the database of rogue landlords. Tenants who live in houses of multiple occupation are often some the most vulnerable people and the Government should support this measure to prevent rogue landlords from getting a licence to operate in such premises. This, again, was resisted when it was suggested during the passage of the Housing and Planning Act. I do not understand the Government’s resistance to this measure. Perhaps the noble Viscount will explain the reason for it when he responds to the debate.

This Bill is most welcome. It has the full support of noble Lords on these Benches and we wish it every success in its passage through your Lordships’ House.