Fire Safety Bill

Debate between Lord Whitty and Baroness Pinnock

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tuesday 17th November 2020 Lords Chamber

[Lord Whitty (Lab) [V]]

My Lords, between them my noble friend Lord Mendelsohn and the noble Earl, Lord Lytton, have shown how complex this situation is and why we need much greater clarity to ensure that such premises as are referred to in this amendment are covered by the fire safety order and everything that flows from it.

Like the noble Lord, Lord Tope, I have considerable anxiety at the way in which the Airbnb model has mushroomed—Airbnb itself and other less identifiable organisations and individuals. Flats in both private and social housing have effectively become short-term let premises, with a continuous rotation of people moving in and out. I have, in other contexts, frequently in support of the noble Baroness, Lady Gardner of Parkes, who raises this frequently, been concerned for wider reasons, such as the effects on the housing market, environmental concerns. But in this context, there is also a safety concern.

The leaseholders, who are normally the owners of these flats, have quite frequently decided to make a business out of them. In terms of social housing, it has quite often been the people who have inherited what were once right-to-buy flats, or have bought them and turned them into a business. I have queried on previous occasions whether that is strictly legitimate, and quite what the role of the tax authorities is in this area, but in this context we are talking about safety. I am aware that in some of those flats, the leaseholders, sometimes in conjunction with the organisers of short-term lets, have changed the format of those flats—in effect dividing them up, increasing the number of bedrooms and, in some cases, knocking down walls and changing layouts, thereby compromising firewalls. More frequently, to allow for multi-occupancy, and in some cases for such things as disco equipment—because some of these flats are used not so much for tourist families but for parties and worse—the electrical systems are altered to cater for that clientele.

The requirements that would normally be on the owners to inform the occupants of the safety provisions and evacuation procedures, and to provide for detection instruments—smoke alarms, et cetera—are not observed in the often radical conversion to a different purpose than that of being a family home. If such premises can be seriously and dangerously subdivided, then there is a real risk here.

We have to be clear whose responsibility it is. In most cases, the responsibility is on the leaseholder, or it may be on whoever is supposed to inform the occupants of the safety provisions. Either way, if, for example, you are in a large block and a few of the flats in it are let by Airbnb or similar, you are a danger to the rest of the occupants. It is once again necessary, irrespective of the form of tenure, to ensure that all temporary as well as permanent inhabitants are made safe and do not impact on the safety of other families and occupants in neighbouring flats. It may be complex, but the outcome and intention are clear. We need clarity, consistency and to make sure that such premises are safe and covered by the legislation.

[Baroness Pinnock (LD) [V]]

My Lords, in Committee, the noble Lord, Lord Kennedy, raised important concerns about the application of fire safety legislation to properties that are, in part or in whole, let as holiday lets. It was unfortunate that the Government were not able to return on Report with a comprehensive response in the form of a government amendment, which would have accepted that there is confusion about the applicability of the legislation. The noble Lord, Lord Kennedy, has rightly raised these concerns again. What must not happen is that the growing sector of short-term lets falls into a grey area of the legislation, and that the Government wait for a serious fire incident to accept that omissions need to be closed.

The noble Lord, Lord Mendelsohn, has provided expert legal advice on this matter, which demonstrates that there is a gap in the legislation. It is complicated, as the noble Earl, Lord Lytton, explained. The noble Lord, Lord Whitty, raised further concerns about potential subdivisions of dwellings. However, the amendment proposes a way forward to close a gap that all noble Lords agree exists in the fire safety extent of the current and proposed legislation. I will listen carefully to what the Minister says in reply and I hope that he seizes the opportunity to put this matter right. I look forward to his response.