Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Lord Shipley Excerpts

2nd reading (Hansard): House of Lords
Monday 4th June 2018 Lords Chamber

[Lord Shipley (LD)]

My Lords, I remind the House that I am a vice-president of the Local Government Association. Like colleagues on these Benches, I welcome the Bill and the steps it takes, both the business rates element and the increased powers proposed for local authorities on the amount of council tax that they can levy on an empty dwelling. I agree with the noble Lord, Lord Patten, who reminded us that the House of Commons did not propose any amendments to the Bill and that there was all-party agreement. Indeed, the Bill has benefited from the pre-legislative scrutiny that took place at that stage. It raised a number of issues, for example the potential financial loss for local billing authorities and whether rarely occupied second homes should be treated in the same way as empty homes. Given the role of this House as the scrutiny Chamber, I hope that it may be possible in Committee to look at a number of these issues. My noble friend Lady Thornhill talked about whether two years should be the limit or whether another figure might be appropriate, and whether the figure of 200%—that is, 100% plus 100%—is the maximum that a local authority could apply. There is a case for looking at whether the total might well be 300%. I look forward to that discussion in Committee. The noble Lord, Lord Campbell-Savours, made a very interesting point about the legal definition of a second home, should someone seek to transfer their primary home to become a second home. That is something that I would like to think about further.

As the Minister has explained, the basic aim of the Bill is to discourage home owners from leaving properties empty for long periods without penalising those who are unable to sell as a result of market conditions or who face genuine delays in probate. For that reason, it is welcome. As several noble Lords, including my noble friend Lady Pinnock and the noble Earls, Lord Lytton and Lord Listowel, have pointed out, the context is the state of local government finance, the future organisation of business rates, and funding local services. There are now clear difficulties in the retail sector over business rates. There is a fair funding review, and inevitably the Government are now reviewing the future of business rates. However, the noble Earl, Lord Lytton, pointed out that the system is not fleet of foot, and indeed it is not.

Clause 1 relates to the rating of property in common occupation. It rightly corrects the problems caused by the 2015 judgment, which has cost some businesses not only a backdated increase in their bills but, in some cases, the loss of their small business rate relief. The Bill is the correct response to that judgment. Put simply, contiguous hereditaments should be counted as a single hereditament.

I join the noble Earl, Lord Lytton, in saying that it is a trifle unreasonable—I think those were his words—for the Government to assume that building authorities have put away shedloads of money, given the 2015 judgment. He is right; I am sure they have not been putting away shedloads of money. However, there is a discussion to have about this issue, and it was raised several times during the passage of the Bill in the other place, not least at Third Reading. I hope very much that the Government will be able to come forward, perhaps in Committee, with a greater clarification that local building authorities are not going to suffer from the Bill becoming law.

I have four very brief points towards the conclusion on the council tax issue. First, I think it is right to raise the maximum premium on council tax that can be levied by a local authority to 100%, making 200% in total, where a property has been empty for two years or more. I want to associate myself at least with the definition of “long-term” as two years or more. If we get agreed definitions like that, it makes our discussions much easier.

My noble friends Lady Pinnock and Lady Thornhill both said the Bill would probably not make a great deal of difference in terms of council tax. I want to agree with them but I also want to agree with the noble Lord, Lord Patten, who was right when he said that this is a big incremental step. The sense of direction is the right one and a clear message is being sent. In future, therefore, there may need to be further fine-tuning of the law. However, the principle that the Government are trying to get across is important. It is not just that empty properties need services—they do; they need policing and they may need fire services if they are empty—but they can also cause a nuisance to neighbouring properties, so the steps taken since 2013, in the days of the coalition Government and after, to introduce both the 100% charge and the principle of a premium on properties that are unoccupied and substantially unfurnished, have been the correct ones.

The Minister reminded us about the total number of homes empty for over six months, which is not long-term. Six months is a comparatively short period in reality. I associate myself again with the comments of the noble Earl, Lord Lytton, when he said that we need to be a bit clearer about what the problem is that we are trying to solve with regard to empty properties. The figure of 205,000 is a comparatively low percentage, at around 1% of the 20 million-odd properties in the country. It is the case that since 2010 the total number of homes—

[Lord Patten]

I am so sorry to interrupt, particularly as the noble Lord has just been so charming about me. It may be a very small percentage of houses that are vacant but the number of 205,000 or so is what we are struggling to build in England in any one year, so it is a year’s worth of new homes.

[Lord Shipley]

My Lords, I would like to agree with the noble Lord: it is. However, that is still only 1% and the figure is for six months, not two years. In my view, the real problem is not the six months, which can often be the consequence of genuine delays of probate. The important thing is that the sense of direction is right. We need to end the scandal of empty homes deliberately left empty when they could be occupied by someone. Often, that relates to the buy-to-leave-empty market.

Does the Minister have figures—if not now, perhaps later in writing—for the breakdown of the reduction by 90,000 or so empty homes from 300,000 in 2010 to 205,000 in 2017? How many of those are in social housing, where empty homes are often referred to as voids; how many of them are owner occupied; how many are in the private rented sector; and how many are in the buy-to-leave-empty sector? That is important because when we consider whether there should be a rate of 300%, not just 200%, I would be thinking of those who have bought to leave empty as an investment to attract a higher level of taxation. I hope that we can discuss that in Committee.

Finally, I hope that we shall have a discussion on second homes in Committee. We have been reminded of the difficulty of identifying what is an empty home and what is a second home. If people do not tell you which they are, it is hard to find out. We need to explore in greater detail how the Government might manage to do that. As the noble Baroness, Lady Thornhill, pointed out, this is a resource-intensive exercise and we need to know better why the empty dwelling management orders do not work as well as we thought they would when they were introduced.

Despite these caveats, which I hope that we can discuss in Committee, the Bill should command the support of your Lordships’ House, and I hope that it gets a fair wind, and quickly.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Lord Shipley Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 19th June 2018 Lords Chamber

[Lord Shipley (LD)]

My Lords, I will speak to Amendment 4, on which my name appears, and remind the House that I am a vice-president of the Local Government Association. The case was very well put by the noble Earl, Lord Lytton, a moment ago. I am struck by the fact that this amendment, in the names of the noble Lord, Lord Kennedy of Southwark, and myself, seems to contain a reasonable set of proposals. I am particularly concerned by the noble Earl’s assertion that the professional bodies are saying that there has been little assessment of the impact and that we ought to know more. I have a particular concern about the authorities that are piloting the 100% retention of business rates. I very much hope that they will not be put in a position of having to refund more money than they originally gained. So this amendment—a probing amendment, in my view—seeks to ensure that the consequences of the Bill are well understood and reported to Parliament.

[Lord Kennedy of Southwark]

My Lords, I remind the House of my relevant interest as a vice-president of the Local Government Association. Amendment 2 in the name of the noble Earl, Lord Lytton, goes to the heart of the first part of the Bill, namely the positions some local authorities find themselves in—having to make refunds and potentially being out of pocket. In the 2017 Autumn Budget we heard the Chancellor of the Exchequer announce, following the decision of the Supreme Court, a return to the previous practice, and Clause 1 does just that. Business would further be allowed to ask the Valuation Office Agency to recalculate valuations so that business rate demand would be based on the previous practice, backdated to April 2010.

The Budget papers confirmed that the Government would fully compensate local government for loss of income—but then they had a change of heart and decided that if they had the extra money it was an unexpected windfall. The council would be very pleased about that, but if it had to pay anything back there would be no compensation for the authority concerned. The noble Earl’s amendment would require the Government to do exactly what they said they would do in the first place, and it has my full support.

Amendment 4 in my name and that of the noble Lord, Lord Shipley, would place in the Bill a requirement for the Government to undertake a review of the impact of the provisions in Clause 1. That seems a sensible and proportionate thing to do. The amendment would require the Government to have a review, sets out what it should cover and requires that the Government should lay it before both Houses of Parliament—but nothing beyond that. They would have to do nothing other than lay the review.

I hope that when the noble Lord, Lord Bourne, responds to this probing amendment and the noble Earl’s amendment he will see the point that we are trying to highlight. We are trying to give the Government the tools to do the analysis to make sure that they have got this right.

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[Lord Shipley]

My Lords, this part of the Bill is about empty dwellings. My noble friend Lady Pinnock asked some important questions about the meaning of “unoccupied” and “substantially unfurnished”. I want to address a crucial, related issue: second homes that are substantially, although not completely, unoccupied. The Minister may be aware of a parliamentary petition to close the loophole that allows second home owners to pay business rates rather than council tax. The petition states:

“In England, second home owners can avoid council tax by claiming to be a business if they say they are available for letting for 140 days a year—they do not have to actually let at all. As their rateable value is below £12k, they also qualify for 100% small business rate relief—so pay nothing”.


In Southwold on the Suffolk coast, where many houses are second homes, research by Liberal Democrat colleagues suggests that this loophole may cost the local council about £500,000 a year in lost revenue. Crucially, second home owners in England only have to say that their properties are available for letting to qualify as a business, even if they are not actually let.

However, in Wales—the Minister will know that many good ideas come out of Wales—it is a requirement that any house designated as a business, rather than being liable for council tax, must be let for a minimum of 70 days. In one sense, that number is comparatively low, amounting to just over two months a year. However, it is a very important figure because it effectively prevents a second home owner avoiding paying council tax by registering the house as a business and then falling below the small business threshold.

In discussion on the Bill, the Member of Parliament for Totnes, Sarah Wollaston, asked:

“Will the Minister also use this opportunity to ensure that those who own second homes are contributing their fair share through council tax, and that they are not able to sidestep that by opting to pay business rates and then claiming eligibility for small business rate relief?”


Dominic Raab, the Minister of State for Housing, Communities and Local Government, replied:

“We have also made changes on holiday homes in the context of council tax and stamp duty. We will keep the point she raises under due consideration”.—[Official Report, Commons, 23/4/18; col. 649.]


Indeed, the Government have done that, but I hope that they will review this issue in much greater detail because the impact of both the reforms I mentioned—council tax and stamp duty—has been limited. I also hope that, when the Minister said that the Government would give it due consideration, it was not an attempt to push the issue into the long grass, but rather an acknowledgement that the department is indeed giving it due consideration.

Returning to Suffolk for a moment, I want to pay tribute to the work of local campaigners there for what they have undertaken so far. The Suffolk coastal communities embrace some of the largest proportions of second home owners in the United Kingdom. This impacts on the cohesion of these communities and pushes up house prices, reducing the available housing stock for local people.

I want to acknowledge that many second home owners do pay council tax. They can contribute to community life and they might hold a property as part of their future retirement plans to live in the area. However, business rates relief exists to help struggling businesses, not second home owners. Will the Government look at this issue in much closer detail and order an urgent review of the whole system? It is not that I am against second home owners: I am not against them. However, it does seem to be unfair that people who can afford two homes are subsidised by people who cannot afford to own one home.

[Lord Deben (Con)]

My Lords, I support the comments that have just been made. As the former Member of Parliament for Suffolk Coastal and as someone of whom, if you asked him where he really lived, the answer would be in Suffolk—although not coastal Suffolk—I am the owner of a second home. It is a situation in which I am happy to pay my council tax in full, as I do in on my small flat in London. That is how we operate, and I think that is right. One just has to recognise that there are circumstances in which people have to work in one place and live in another, and that is absolutely acceptable.

I emphasise the point about the coastal communities of Suffolk, which I represented for so long. I saw the change; it was fascinating. Southwold was but latterly added to my former constituency—as they moved me closer and closer to the sea, people said that they were trying to tell me something. It has very largely become a place of second homes, and so has Aldeburgh and, increasingly, many other villages round about. It is a real problem for community cohesion; I understand that, having committed myself to the view that people should be allowed to have—and very often need—a second home. However, I do not support the idea that people can avoid their proper contribution to the community by using what has elegantly been referred to as a loophole. It is worse than that, because they are telling a direct lie. They are not running a business; they have no intention of running a business. They are trying to get the business rate and then not to pay it because they have the small business special arrangement. Of course, however, you can be a small business even if you do not let anything. It is not difficult. We could all be a small business if making nothing were the purpose of being a small business. With my family, I own and run small businesses, but we intend to make a profit, otherwise there is not much point in us doing it. However, to run a small business in order not to make a profit and to get the profit from the community is entirely unacceptable.

I want to make some difficult comments. I have now been in one or the other House of Parliament for a very long time. It does not matter which Government are in power—or which mixture, as sometimes it is a coalition—when they want to avoid dealing with something, they always promise the most careful consideration and the most urgent assessment of the real issues that may well arise. They warn that there may be other unintended consequences, meaning that one should not move too quickly. Sometimes they suggest that, although they have looked at it, they have not found quite the right answer, but the House can be assured that such an answer will be found, but not yet. I say to my noble friend, whom I respect enormously, as he knows—I have told him so from time to time—that Wales is right on this. Wales is right on quite a number of things in the climate change committee. I have to remind the United Kingdom Government how much better in some things Wales and Scotland are at moving on climate change. It is not surprising that Wales is right on this.

We have to deal with this for a reason that is not just about equity—although that is very important—or the resources of Suffolk Coastal District Council; I do not have to declare an interest there because I live in the Mid Suffolk District Council area. That reason is social cohesion, in the sense that it annoys, upsets and very often angers people that their neighbours are not paying what they are paying for local services. I do not think it is acceptable or reasonable and it seems something very simple to change. All we have to do is what the Welsh have done. It would be jolly nice to acknowledge that the Welsh got there first and that we in the rest of the United Kingdom are following suit.

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I am very grateful for the compliments to Wales, which is, as so often, leading the way. I think that Scotland was ahead of Wales on the smoking ban, but we were certainly out there on the carrier bag levy, the first Children’s Commissioner and many other issues. We should certainly look at what Wales is doing. Since I have been in this job, one thing I have done is to set up a devolved administration forum which meets in the different capitals of the United Kingdom to gain experience from what is happening elsewhere and to exchange ideas. It has been very valuable in testing whether something works: we have exchanged views on all these issues. It has been useful on Grenfell, on Windrush and elsewhere.

[Lord Shipley]

My Lords, the noble Lord, Lord Deben, explained what could happen. It is not complicated to do; the question at issue is probably simply whether the law in Wales is working effectively. At 70 days proof of letting, that ought to be easy to demonstrate, because evidence will have to be produced. I hope that the Government will speak urgently to the Welsh Government and assess what evidence they have, and, as a consequence of that, possibly organise a meeting of all parties involved in this issue to see whether legislation could be introduced in both Houses which would help to solve this problem. To help this along, I plan to table a set of Written Questions later this week, because securing an even better evidence base than we have at the moment would be helpful. This is not a problem just of east Suffolk, parts of Cornwall and one or two other places. I think it is quite a general problem now, or at least it seems to be, in many parts of the country which are attractive holiday areas.

[Lord Bourne of Aberystwyth]

I thank the noble Lord very much for putting down lots of Questions: my officials will be doing cartwheels at the news. However, there is a serious point behind what he is putting forward and I absolutely accept that this is a national issue. Our officials will certainly be speaking, if they have not already—I suspect they may have done—to Welsh and Scottish officials to see what is being done there. We are taking it urgently. I will cover this in more detail in a letter: it is certainly very much on the radar though I had not expected that it would come up in this context—and I should have. I will make sure that we get some more detail in the letter and I thank noble Lords for raising this. I realise now that the noble Lord, Lord Campbell-Savours, who is not in his place, raised a similar issue in Questions today. I could not quite understand what he was getting at but I understand now and I apologise to him. We will make sure that he gets the letter as well.

Given that, and the fact that I and my department take this seriously, I ask the noble Baroness, Lady Pinnock, to withdraw her amendment.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Lord Shipley Excerpts

Report stage (Hansard): House of Lords
Wednesday 4th July 2018 Lords Chamber

Moved by

[Lord Shipley]

1: Clause 2, page 2, line 33, leave out subsection (1) and insert—
“(1) Section 11B of the LGFA 1992 (higher amount for long-term empty dwellings: England) is amended as follows.(1A) In subsection (1)(b) (maximum percentage by which council tax may be increased), leave out “of not more than 50” and insert “as specified in subsection (1A)”. (1B) After subsection (1), insert—“(1A) If a dwelling has been empty for—(a) between two years and five years, the percentage is not more than 100;(b) between five years and ten years, the percentage is not more than 200;(c) more than ten years, the percentage is not more than 300.””

[Lord Shipley (LD)]

My Lords, I thank the Minister for a very constructive discussion in recent days about the second part of the Bill and the proposed escalator, and for the helpful discussion and explanation that we have had on the first part, about the staircase tax. I am very grateful for the Minister’s letter sent earlier this week, which explains the issues that have to be addressed with valuation lists going back a number of years.

We proposed the escalator in Committee, and the conclusion reached here after all-party discussion has been extremely productive. Broadly speaking, a dwelling that has been empty for between two and five years can attract a 100% increase if a local authority decides it wishes to do so. Between five and 10 years of that property being empty, the percentage could, at local authority discretion, increase to 200%. After being empty for more than 10 years, the percentage could increase to 300%. I welcome the Government’s agreement to those figures.

Of course, there is a view, to which I subscribe, that the penalty could well be higher if those who live overseas buy properties to leave empty as investments. That is a particular problem in London. Clearly this amendment will help, but it does not solve the entire problem because to get to 300% requires 10 years to pass. I hope that the Minister will do what we discussed in Committee, which is to review this legislation very carefully over the next two to three years. We may well find that there is a gradual decrease in the number of long-term empty properties, but that the decrease is not as great as we would like it to be. There is a case for a penalty of 500% for those who have deliberately invested in property to leave it empty. There is a world of difference between that and properties which are empty for two years because of delays in probate, family disagreements or other reasons. Local authorities now have the power to do something about it, and as long as the Government are going to keep closely under review whether the figures of 100%, 200% and 300% are working effectively, we are content with outcome that the Minister has agreed with us. I beg to move.

[Lord Stunell (LD)]

My Lords, Amendment 2 in this group is similar to the amendment I moved in Committee, but it is not exactly the same. I draw noble Lords’ attention to the general background to this proposal. There are 20 million homes in England and they are responsible for more than 30% of the country’s carbon emissions. We have the worst housing stock in Europe as far as energy efficiency is concerned. Measures are in hand to improve the stock of new homes, but with 200,000 new homes a year it will take 100 years to replace the housing stock we have at the moment. At 300,000 homes a year, it will take only 66 years. Of course, both those dates are well past 2050, the date by which the Government have undertaken that there will be a substantial carbon reduction, but that can be achieved only if the energy performance of the housing stock is improved. Improving the energy performance of the existing housing stock is clearly essential. It is obviously an important government priority, and my amendment assists them in reaching that target.

By far the best time to improve the energy performance of any building is when it is not occupied. An empty home, which by definition is not occupied, is exactly the right place for energy improvements to take place. Whether the home is for sale or rent, then is the moment to strike. The Government have introduced proposals to make sure that rented accommodation achieves certain minimum standards of energy performance. However, for every step forward on energy improvements for homes, the Government have taken some steps back. Zero-carbon homes—a clear commitment of the coalition Government—have been abandoned, the Green Deal is no more and my Question to the Government about the application of the energy performance directive has been responded to in a very bland and potentially problematic way. The noble Lord, Lord Bourne of Aberystwyth, responded last week:

“The outcome of negotiations with the European Union … will determine what detailed arrangements apply in relation to EU legislation, including the Energy Performance of Buildings Directive, in future once the UK has left the EU”.


That left one reader of that response completely baffled. He said that,

“it seems to suggest that we can at present have no certainty about what if any directives will apply in eight months’ time. Can this be right?”.

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[Lord Shipley]

My Lords, I was reminded by the noble Earl, Lord Lytton, and my noble friend Lady Pinnock that I did not declare when I spoke earlier that I am a vice-president of the LGA. For the completeness of the record, I do so now.

[Lord Beecham (Lab)]

My Lords, I will further add to that by declaring my own interests as a vice-president of the association, and also as a serving councillor in Newcastle. I rise to present the views of these Benches in the absence of my noble friend Lord Kennedy, who is en route to Birmingham for the Local Government Association conference.

I have had some experience of dealing with, or attempting to deal with, the problems of empty houses in the ward I represent in Newcastle. It has been impossible, eventually, either to persuade the owners to do the necessary work or, in one case, to acquire the property. While I certainly support the amendments before us, and I understand that they are likely to receive a reasonably warm response from the Minister, it occurs to me that perhaps the aspect of acquiring properties is a matter that should be given further consideration. It is an alternative approach that might well result in a quicker resolution of the problem, and enable the availability of a usable home, than simply collecting money by way of an incentive, as it were, for owners to do something, which may not be all that effective. I would be grateful if the Minister would indicate whether the Government will look again at the powers of local authorities to acquire in these circumstances, and whether these need to be enhanced, particularly in terms of the timescale involved. On the ground, it would probably make a greater difference than these measures, welcome though they are as an additional arm in trying to deal with this situation, which is, at a time of housing shortage, really quite disgraceful and should not be tolerated.

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[Lord Bourne of Aberystwyth]

My Lords, I had not anticipated that the noble Lord would go in that direction—more widely than the debate. I hope he will accept that I will pick up that point and try to get an expeditious response to him, but I cannot give him any assurance beyond the fact that it is something that we realise is due. I will write to him and copy the letter to other noble Lords.

[Lord Shipley]

My Lords, I thank the Minister very much for what he has said and beg leave to withdraw the amendment.

Amendment 1 withdrawn.