Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Lord Porter of Spalding Excerpts

2nd reading (Hansard): House of Lords
Tuesday 9th January 2018 Lords Chamber

[Lord Porter of Spalding (Con)]

My Lords, it is probably pertinent that I declare my interests in so far as I am the chairman of the Local Government Association. I am also the leader of South Holland District Council, which is one of the few councils in the country that still owns housing stock.

I should congratulate my noble friend the Minister on his personal commitment to getting this legislation through. It is always good when good people do good things, so my congratulations. But one of the Bill’s shortcomings is that it addresses council tenancies, not all the social market. Given that most social properties are now owned by non-councils, some further work probably needs to be done—if not to compel RSLs forcefully, then at least to do so surreptitiously, so they do not know they are having their arms twisted to make them do it. A way of coercing them informally needs to be at least considered, given that the majority of those affected will be their tenants and the majority of the properties available will be theirs. To truly look after some of our most vulnerable citizens, widening the scope of the landlords covered would be a good thing to do.

I am really pleased that my noble friend the Minister said that we are considering widening the scope regarding vulnerable people who may be able to access lifetime tenancies or at least secure tenancies. Clearly, a number of other vulnerable groups really need the security of knowing that the home they live in will be the home they will always be able to live in, should they choose to and if their circumstances remain the same. That is particularly true for people with mobility impairments whose homes have been adapted for them, or people with mental health problems for whom there is no foreseeable chance of recovery. It seems pointless to make them look over their shoulder every five years at whether they might get a new tenancy.

I will not address directly some of the other comments made but they all stem from one problem. My noble friend the Minister would not forgive me—at least, he would think I had taken leave of my senses—if I did not take the opportunity to say that the reason we are having to ration the limited supply of available, affordable homes is simply that for the last 40 years, and under Governments of all colours, we have failed to build enough affordable homes in the right places for people to live in. This is not a criticism of the current Government but of all Governments. “Affordable” should not have just the interesting, latest variations in meaning; it should also mean social homes.

By social homes, I do not mean the fad from the 1980s of calling an RSL house a social home. That was a failed experiment. Social homes really does mean council houses, and if we are serious about this—clearly, the Prime Minister wants to be the most serious Prime Minister for years in tackling the housing crisis—the only way to do that is by allowing councils to take up their historic role as the main provider of social homes. I know from speaking to colleagues in all parties across the country that they are more than willing to do as much as possible, provided that the Government—whatever colour they end up being—give us the scope and freedom to do what we all know needs to be done: to build at historic levels again. I seriously congratulate my noble friend the Minister on getting this part of the legislation, at least, to address helping this most vulnerable group of people.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Lord Porter of Spalding Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 24th January 2018 Lords Chamber

[Lord Shipley]

My Lords, I support this amendment and I agree with the noble Lord, Lord Kennedy, that it is a probing amendment. I will ask the Minister a specific question about the obligations of housing associations. In a message on 19 January the Minister said:

“In a housing association property the tenancy standard protects social tenants who had a lifetime tenancy granted before April 2012 by requiring that they must be given a further lifetime tenancy if they move to another social rented home”.


The meaning of that is clear. However, what is the position for those granted a housing association tenancy after April 2012 who may be victims of domestic abuse? If they move to a local authority home, again, the situation is clear. But what advice will the Government give to housing associations which will not have the same obligation to give a lifetime tenancy if a tenant moves to another housing association property?

[Lord Porter of Spalding (Con)]

My Lords, I declare my interest as chairman of the Local Government Association and as the leader of South Holland District Council. I put on record my personal support and the wider sector’s support for the Bill. I am not aware of any council in the country that would want to resist any of the good proposals in the Bill. However, as the Minister said earlier on the previous set of amendments, and as the noble Lord opposite just raised, there is an anomaly between types of landlord. While the Government may not be able to compel registered social landlords to offer like-for-like tenancies, given that most registered social landlords use taxpayers’ money to build those homes in the first place, perhaps the Minister could find a form of words that would give some form of encouragement to anybody who is expecting to get taxpayer-funded properties of the expectation that they would voluntarily put their properties into a scheme that allowed secure tenancies for victims of domestic abuse if they should happen to flee to an area where the council is not the primary landlord.

[Baroness Lister of Burtersett]

I support this amendment. Towards the end of Second Reading I questioned the Minister about this issue during his summing up. He responded:

“The intention is for the legislation to cover that”.—[Official Report, 9/1/18; col. 161.]


Later on he said that,

“it is central to the legislation that we want to cover the Luton-to-Leicester situation”,

that I had referred to. I invite the Minister to say something rather more definitive now, because “intention” and “want” seem to me, as a non-lawyer, perhaps not to give quite the reassurance that somebody in this situation might look for in the legislation. Therefore, if it is necessary to spell it out more explicitly in the legislation, perhaps the Minister could give a commitment to come back on that on Report, or, at the very least, if the legislation covers it now, he could make a more explicit statement at this stage.