Renters’ Rights Bill

Lord Marlesford Excerpts

Monday 28th April 2025 Lords Chamber

[Lord Marlesford (Con)]

My Lords, I find these amendments very curious. The whole principle of the private rented sector is that it is a capitalist operation; it is an operation which has costs and revenue. The revenue comes from rent. Obviously, rents must be very carefully determined. As to whether it is one month or two, that seems to me of little account. Basically, what tenants need to know is that rents are likely to increase by some measure which is generally agreed. In the private rented sector, this is normally the retail prices index—the RPI, as opposed to the CPI. If there is not a return on the investment, the investment will not continue to exist. Nobody can afford to let properties if there is no return on the property. The question, of course, is: what should the return be?

There are two very important factors to think of. The first is the gross return, the gross rent, as a percentage of the market value of the property, and the question of what percentage it should be. I have produced a table which shows the different levels of rent for different values of property, but, of course, that is not the only factor, because one has to remember that the rent charged is gross before the cost of maintenance, and maintenance is hugely important. The solution to having a good private rented sector is proper maintenance and, indeed, improvement through modernisation maintenance. It may be that you put in a more economic burner to heat the house—they vary a lot, and later ones are much more efficient, but that is an expenditure. You have to get a balance there.

I suggest that very often, about a third of the rent, on average, will go on the maintenance—keeping up to date—and administration of properties. If we said, for example, that a 3% return on capital was a reasonable level for the rent to be set at, that might end up at a net 2%, which is probably about what equities yield at the moment. We must see that.

Then comes a very important point, which we shall no doubt be discussing later: the affordability of rents for tenants. The Government’s guidance has for a long time been that rents should not be more than 30% of household income. Therefore, that calculation should be made. If somebody is renting a property, they should bear in mind that that is the Government’s advice as to the amount that they can afford to pay, other things being equal. Equally, the landlord letting the property will also have to take into account whether or not the prospective tenant can afford their property. Again, it is essential that if you set a rent, you know the household income, to see whether it reaches the affordability stakes.

These are important and complicated matters, but they are crucial to the private rented sector. My worry about the Bill is that half the time the Government do not seem to understand the private rented sector. It is a business enterprise like many other business enterprises. It is not particularly virtuous or unvirtuous, but I wish I could feel that the Government, in fiddling around with it all, were trying to make it work in a practical manner for investors and those receiving the benefit of the investment; that is, the product. There is no real difference between a house that you rent and a product that you buy in a shop. It is part of how the system operates, how civilisation operates. The Government are very muddled in their thinking on this. I would have liked to have got rid of the Gove Bill, which also was ill considered and ill conceived, lacking in understanding of the real world.

[Baroness Thornhill (LD)]

My Lords, we have several groups of amendments that talk about rent, money and finances, so before commenting specifically on this amendment, I want to have a little rant regarding landlord finances. The narrative is that the majority of landlords are in a terrible financial position. What evidence do we actually have for that? It is certainly not borne out by my anecdotal evidence and could be conceived as scaremongering, because my understanding is that being a landlord is, and will remain, profitable.

The idea that, to remain sustainable, landlords must be able to pass the entirety of any increased business cost and risk on to the tenant through a rent increase is, frankly, ridiculous. There is no other business model that operates in this way, and it does not add up when we look at the sum of the data that we have. The English Private Landlord Survey said that the median income of landlords, including rental properties, is around £52,000. According to the Shelter/YouGov survey of private landlords, rental income is largely additional for landlords: 50% of landlords say that they do not rely on rental income to cover living expenses.

I note that in any investments that I have made, there is a very cleverly worded phrase at the bottom: “Investments can go down as well as up”—except if you are a landlord, it would seem; even more so as you are left with a capital asset that, in this country, largely increases in value. That is my rant. If the noble Baroness, Lady Jones of Moulsecoomb, were in her place, she would probably be quite proud of me for it.

I turn to the amendments in this group tabled by the noble Baroness, Lady Scott, regarding notice periods for rent increases. When the Bill was introduced in the Commons it proposed a standard one-month period. The Government’s decision to extend this to two months represents a welcome improvement that better balances the interests of landlords and tenants. This evolution demonstrates a willingness to listen and to respond to concerns about tenant security, for which I sincerely thank the Minister and her team.

Amendment 73 seeks to revert the notice period to just one month and Amendment 81 questions the differential treatment between standard and low-cost tenancies. These amendments, particularly Amendment 81, raise fair questions, which I too would like an answer to, as I have not been able to find a reason for that differentiation. A two-month notice period for rent increases represents a reasonable middle ground that acknowledges landlords’ legitimate need to adjust rents while giving tenants adequate time to prepare financially.

For many working families, a rent increase actually requires careful budgeting. I have not got the figures to hand but we know that a significant number—into the many thousands—of moves and evictions last year were due to the inability of the tenant to pay the new rent rise. One month is simply inefficient to work a decision to relocate and make those adjustments.

I commend the Government for finding a balanced approach. This middle ground solution may not be perfect from any single perspective, but it demonstrates what good legislation can achieve when all voices are genuinely heard during the parliamentary process. With these factors in mind, I look forward to the Minister’s response.

--- Later in debate ---

[Lord Young of Cookham (Con)]

My Lords, I have added my name to Amendment 99 in the name of the noble Lord, Lord Carrington, which, as my noble friend Lord Howard of Rising explained, would ensure that, if there was an unsuccessful challenge to a rent tribunal on a rent increase, the increased rent would become payable on the date proposed by the landlord.

Before turning to that amendment, I will say that I have some sympathy with Amendment 87 in the name of the noble Baroness, Lady Wolf, which proposes an alternative means of filtering appeals before they reach the tribunal by enabling the tenants first to check with the VOA whether their challenge has any prospect of success. However, many of the arguments that the noble Baroness used are equally applicable to Amendment 99.

Turning to Amendment 99, what Clause 8 proposes is exactly the opposite of what happens at the moment, and what indeed has been the case since the Housing Act 1988. At the moment, if a landlord serves a Section 13 increase on the tenant, giving a month’s notice, the tenant can appeal. But, if the tribunal decides the rent should be increased, the increase is payable from the date given on the Section 13 notice. That is the position at the moment, which the Government propose to overturn. The CAB website gives advice to a tenant on this subject, saying that

“it’s probably best to save money towards your rent increase if it’s due to start before the tribunal makes a decision. That way, you won’t have to find a large sum of money if your rent is increased”.

It goes on to make the point that it can take up to 10 weeks for the tribunal to make a decision.

I agree with what has been said. I do not see how this proposal, as it stands, can possibly survive. As many noble Lords have pointed out, from the tenant’s point of view they have nothing to lose by appealing against any increase. The rent cannot be put up, and the increase is not effective until it has been endorsed by the courts.

No satisfactory reasons have been given for this, so I looked in Hansard to see what happened in the other place. The Minister, Matthew Pennycook, said on 29 October last year:

“Tenants should not be thrust into debt simply for enforcing their rights”.


But the relevant right of the tenant is to appeal against an unfair rent increase. There should be no additional right to the tenant if that appeal is subsequently lost, but that is what is proposed.

My honourable friend Jerome Mayhew intervened in the Minister’s speech. He said:

“The Minister says that it would be unfair on the tenant to have a significant increase in rent and a backlog after the determination of the tribunal, but that is rent that ought properly to have belonged to the landlord and has been unjustifiably denied them for the period of the process. Why is it fair for the landlord to be denied a just rent as a result of the delay in the process, yet it is for some reason not fair for the tenant?”


The Minister then in effect conceded the case:

“The hon. Gentleman is right that if the tribunal determines that the rent increase is reasonable, a landlord may have missed out on a short period of the rent increase—not the whole rent, but the rent increase”.


It is not “may have missed out” but will have missed out and, as we have heard, not for “a short period” but potentially for a very long period.

The Minister then sought to defend the position:

“I will be very clear about this: we took the view that it was better that tenants were not, by facing the prospect of significant arrears, disincentivised from taking any cases to tribunal to challenge what could be, on a number of occasions, completely unreasonable within-tenancy rent increases”.


But what the Minister described as “significant arrears” were sums which actually a tribunal will have deemed to be fair, and which current advice from the CAB is that tenants should make provision for. The argument the Minister uses is at odds, as I have said, with the position at the moment.

The Minister’s case was further weakened by a subsequent intervention. Again, my colleague Jerome Mayhew asked:

“I understand that the Government’s intention is that tenants should not go to the tribunal unless they are clear that the asked-for rent is too high, but what prevents them from gaming the system, as we discussed?”


In reply, the Minister said:

“What I would say to the hon. Gentleman—I will expand upon my argument in due course—is that I think he underestimates how difficult it is to take a case to the tribunal”.


In a spare moment over the weekend, I put into Google, “How do I appeal against my rent increase?”. Up came the answer: use form Rents 1 on the GOV.UK website. I downloaded the form. You can appeal, free and online. All credit to the noble Lord, Lord Maude of Horsham, and others for simplifying and digitising government forms. You fill in your name, address and contact details, the name and address of the landlord or agent, the amount of rent you are paying, when the tenancy began and the details of the property. You add a copy of the Section 13 notice from the landlord increasing the rent and a copy of the tenancy agreement, and send it off online to the nearest tribunal regional office. I estimate that it would take about 10 minutes. The tribunal will then ask you what type of hearing you want. Most tribunals for rent increases are based on the evidence you send—they are paper hearings—so there is no need for an appellant to do anything more than I have described.

I hope the Minister will not repeat what her colleague said in another place:

“However, I think the hon. Gentleman underestimates the onerous nature of taking a case to tribunal. It will not be as simple as the tenant deciding on a whim one day that they can do that, and that it is a no-lose situation, but I recognise the incentives at play on both sides”.—[Official Report, Commons, Renters’ Rights Bill Committee, 29/10/24; cols. 145-46.]


It is not onerous, and it is no lose. What is onerous is the pressure on the tribunals. I urge the Minister to reflect on the many amendments to this clause and, in her reply, indicate a willingness to think again.

[Lord Marlesford (Con)]

The points earlier expanded on the point about affordable rent. Is the Government’s policy still that affordable rent means that it should be no more than 30% of total household income? That immediately implies—it is a glimpse of the obvious—that for one tenant a property is affordable and for another tenant with fewer assets it is not affordable.

Secondly, where I support my noble friend’s entry into the argument is on this business of the fixing of rent by the tribunal. How long does that continue? Could that be spelled out clearly? Does it apply merely for the length of time that particular tenant is there? Would it be continued if there were to be a change of tenant and the next tenant said that was the rent the tribunal had set? If we are to have tribunal-set rents, we must be told exactly how they operate.

Finally, unless the Government can answer fully and confidently the points made by the noble Lord, Lord Carrington, this Bill will certainly fail in its objective.

[Lord Best (CB)]

My Lords, in the next group of amendments there are some excellent amendments in my name and those of others that seek to resolve some of the issues raised by the noble Lord, Lord Carrington, and many other Peers on this issue. However, in this group I have a rather more pedantic set of amendments to support. I am supporting Amendments 80, 82 and 83 in the name of the noble Baroness, Lady Warwick of Undercliffe.

The Bill is, of course, concerned with the private rented sector and not social housing, where tenants’ rights are already far stronger. But housing associations, often now known as registered providers, are drawn in to some of the Bill’s measures because these bodies use assured tenancies. This means that some ingredients in the Bill do not work for them, in particular the requirement for rent increases just once a year, as the noble Baroness, Lady Warwick, has explained.

The common practice in the social housing sector is to raise the rents for all tenants on one specific date, usually in the first week of April. Many housing associations provide several thousand tenancies, and it is far more efficient to have one rent increase day for everyone annually.

The Government have accepted the need for different treatment for housing associations, and Clause 7 contains measures to handle the problem. But the National Housing Federation, which brings specialist knowledge to bear on the formulation of these amendments after discussion with lawyers, feels the position would be more clearly dealt with by the wording in Amendments 80, 82 and 83.

This is indeed a rather dull set of amendments, but they would make for clarity, administrative simplicity, cost savings and fairness, and I am pleased to support these amendments.

--- Later in debate ---

[The Earl of Lytton (CB)]

My Lords, as this is the first time I have spoken at this stage of the Bill, I ought to declare an interest. I am a landlord of private rented residential property, but I think that all—both—the renters concerned would agree that I am not somebody who sets out to extract the last penny from them; in fact, quite the opposite. More particularly, I stand here with some 50 years’ professional experience of property, not least of the private rented sector.

The noble Baroness, Lady Grender, is the cause of me getting to my feet—I give her that credit. She referred to rent affordability as security. Although I get that particular line of argument, the two things differ somewhat. All the amendments in this group relate in some way to control of rent, something the Government have always said they would not do. I listened very carefully to my colleague, the noble Lord, Lord Best, but say to him that a deferral or reduction in the receipts on a like-for-like basis is, none the less, a form of rent control. I do not think I can make any concession on that point. The noble Lord, Lord Young of Cookham, said that the amendment of the noble Lord, Lord Best, was less bad than what might be in the Bill. I am not sure that that particular line of argument commends the broader principle to me in general.

A recurring theme is this business of the affordability of rent to renters, but that actually is not the purpose of the private rented sector; that is the purpose of the social rented sector. If we are somehow transferring something which occurs in and is a feature of the social rented sector to the private rented sector, then a much bigger debate needs to take place—apart from this Bill—on precisely what that means. I do not believe that that debate has been entered into, nor do I believe that there is any substantial investigation or research into what that might mean in practice.

If we are in fact faced with that change, I predict the same outcome as occurred after 1965. The noble Lord, Lord Young of Cookham, referred to the rent control of the 1960s and his role in undoing that. I mentioned at Second Reading that the combined effects of security of tenure and rent control in the 1960s caused a fall from 30% of housing being in the private rented sector in 1961 to about 10% some 30 years later. Even after that freeing-up process which the noble Lord referred to, it was still under 10% in the year 2000. That is how durable the process is. It is very difficult to get confidence back once it has been severely damaged.

We must also bear in mind the progressive changes in the tax treatment of private rented sector landlords and what that has meant. It may be different when it is being dealt with at corporate level, when all sorts of things can be offset against a larger pool of property. For the 80% of private rented sector landlords who have five or fewer residential units, that does not look like the same thing at all. Ultimately, the test will be whether we generate competition in the market through an increase in supply. However, everything I have heard this afternoon, particularly from those who tabled the amendments in this group, has been about guarding against precisely that outcome that would be a failure of the intentions that sit behind this Bill. So we have to be very careful.

I do not take a moral stance of any sort on this. I stand before your Lordships as a technician, not a politician. I come with an economic view. However, if we are making a transfer of liabilities from one sector that has a considerable amount of government, financial and in many cases registered provider charitable support, to the private rented sector, which does not have that support, I predict a very significant failure in the outcomes of this Bill.

That would be a tragedy, because this Bill contains an awful lot of stuff that is very good indeed, I would like to see a successful private rented sector. I would like to see renters treated with humanity and civility and not exploited endlessly in the way that they have been. However, if we end up with reduced supply, and with those who show no civility or common decency towards their renters somehow still there, operating in some subculture or other, we will not have succeeded in dealing with this matter at all.

I wrote to the Minister recently. She has not had a moment to reply. I cast no aspersions at all, because she is extremely busy with this Bill. However, there is a need to look closely at the probable outcomes. If we do not, we will walk blindly into something that we would rather had not happened.

[Lord Marlesford (Con)]

I speak on this Bill from the rural perspective, which is very different from the urban perspective. The rural perspective is much more concerned with communities. In the fixing of rents, this is very much taken into account by most rural landlords. Affordability is one method: the 30%. Some return on capital is needed to keep the show on the road. However, taking account of individual circumstances is crucial.

Where there is talk about tying rents to inflation, it is very sensible that all leases make clear that, when rents are assessed annually—which seems to me a reasonable level—that should be on the basis of taking account of inflation. When the inflation is very high, it would be quite wrong to impose a full level of inflation on a tenant. We have had double-digit inflation in the last three years and those of us who were alive then will never forget 1975-76, when we had inflation of 25% per year, for goodness’ sake. Inflation is a dangerous animal. You should use it as a guide, but over a period. Also, you take account of individuals and their contribution to the community in which they live. After all, a rural community is about people in a much greater way than an urban community can be. I do not know whether the Minister has thought about this, but I would hope that she would make reference to what might work better in a rural community than in an urban community.

I very much agreed with my noble friend Lord Young, one of the liberators from a system which had almost destroyed the private rented sector. The other person who I have huge respect for is the noble Lord, Lord Best, who I have known for a very long time and whose judgment, knowledge and experience provide a very useful guide. I recommend that the Minister should have quiet, private discussions with people like that on the practicalities, because this Bill is getting knotted up in practicalities. It is easy to write it all down in clauses and subsections, but how it works will depend on human beings. Governments have a role. As a Burkean Conservative, I believe that the role of a Government is to hold the ring, to prevent people from being ill-treated in the community. It is people who matter.

[Lord Thurlow (CB)]

My Lords, this is my first contribution in Committee, so I declare my interests as the owner of a residential property in receipt of rent and as a practising chartered surveyor for some 35 years. I would like to stop for a moment and consider why rents are so high. Well, it is simple. It is supply and demand; we have not got enough, because there has not been sufficient building since the evolution of the AST regime that we heard about, which began to encourage investors back into the market.

British institutions—life companies, pension funds, insurance companies—used to own millions of pounds-worth of private rented accommodation in the UK. The post-war rent restrictions made it uneconomical and they dumped it, as we have heard from the noble Lord, Lord Young. It took many years for that to come back. The investors returned slowly with the AST and now we are interfering with it all again.

I am not objecting to that interference; I think ASTs needs updating. But the important thing to remember, or point out to the Committee, is that there is a vast amount of institutional money lying in the wings waiting to invest in private rented property. It is there, it is identified, some of it has been spent, and it is going to create tens of thousands of units of private rented accommodation. We are talking not about tens of millions but billions of pounds, and a lot of it is foreign investment. Institutional investment is the holy grail of generating high-volume addition to the inventory.