Lord Young of Cookham
Main Page: Lord Young of Cookham (Conservative - Life peer)Housing and Planning Bill
Lord Young of Cookham Excerpts
Lord Kerslake
As has been said by a number of people, there are real issues about what we mean by a portable discount. In my eyes, if we are unable or unwilling to offer a property or take a policy decision not to do so, the alternative discount may be offered on another housing association property, potentially one of Peabody’s newbuild properties—we build some 1,000 properties a year. I have real difficulty with an open-ended portable discount, particularly those into the private sector, which the noble Lord, Lord Young, is very keen on. That is for one very simple reason: it will be extraordinarily expensive—I do not know whether anybody has done the maths on this. There are major issues about the financing of this policy already, which we will come on to. In my view, it should not be an open-ended offer: it should involve a reasonable effort—as per the original wording—to find a suitable alternative if the property you live in is not currently on offer.
Lord Young of Cookham (Con)
My Lords, I shall make a brief contribution to what I suspect is the most controversial part of a fairly controversial Bill. The background is two sentences in my party’s election manifesto:
“We will extend the Right to Buy to tenants in Housing Associations to enable more people to buy a home of their own. It is unfair that they should miss out on a right enjoyed by tenants in local authority homes”.
As the noble Lord, Lord Best, explained, that is being delivered not by legislation but by a voluntary agreement. This clause allows the Government to honour their side of that voluntary agreement by enabling them to pay grants to housing associations for the discount they give to their tenants. The amendments would not stop the housing associations selling anything to anyone, but they would stop the Government giving a grant to the housing associations if they do.
Baroness Hollis of Heigham
The noble Lord said that the Government would give the grant. Would it not be more accurate to say that the Government would port the grant from local authorities?
Lord Young of Cookham
The Government give the grant, but—I think this is the point the noble Baroness is making—they get the money from the local authorities which sell high-value assets. But it is the Government who give the grant to the housing associations.
The key thing about the voluntary agreement is that, while the tenant has a right to buy, the housing association has a right not to sell. Although there are lots of signals to housing associations in the amendments about what we in this House might not want them to sell, they have something much stronger than a signal from the Government: they have an absolute right not to sell anything.
If one looks through the amendments, which seek to exclude grants from certain types of property, and one then looks at the voluntary agreement the Government have gone into with the housing associations, one sees that specific reference is made to categories in many of the amendments. For example,
“properties in rural locations as defined by Section 17 of the Housing Act 1996”,
are listed in the agreement between the Government and the national federation as circumstances where discretion may be exercised not to sell. Likewise, supported housing—housing adapted specifically for people with physical disabilities—is listed. Almshouses are also in the list as properties which are not expected to be sold. So, in a sense, it is a question of whether we trust the housing associations, which are right at the sharp end of the fight against homelessness and all the other challenges, to use the discretion sensibly, or whether we try to fetter their discretion in a series of amendments which run the risk, as the noble Lord, Lord Best, has mentioned, of reclassifying housing associations as public bodies. There would have been a huge risk of that if we had gone down the statutory road, but even fettering the discretion by way of these amendments runs the risk of the ONS in turn reclassifying housing associations as public bodies.
I notice that the noble Lord, Lord Beecham—
Lord Beecham
The noble Lord perhaps anticipates my intervention. If it is seen fit to include some categories, which the noble Lord has referred to, as ones that should not be sold, why not others?
Lord Young of Cookham
Because the housing associations have total discretion to include any category they wish, but there are specific categories many of which mirror the exemptions for local authorities. If one goes through it, one sees that it is a very sensible list of exclusions. Some of the amendments go far too far; for example, one amendment would exclude from the right to buy properties where there is a TMO, a tenant management organisation. I am a huge fan of tenant management organisations—they are a real success, both in the local authority and in the housing association world—but to exclude from the right to buy tenants living in properties run by a TMO is an amendment too far.
Likewise, another amendment seeks to exclude from grants properties covered by Section 106, even where the local authority agrees to waive the restrictive covenant. It would be a major exclusion from the policy if all Section 106 properties were to be excluded from a grant from the Government, as it would deny the legitimate expectations that many housing associations have. Can my noble friend the Minister shed some light on where we are on Section 106?
On the portable discount, the noble Lord, Lord Kerslake, said that it would be more expensive if it was open-ended. The cash discount that the tenant received would be exactly the same whether they bought a property from a housing association or whether they bought it on the open market. It is no more expensive than what is already proposed, so I would challenge that view. If the noble Lord is referring to the overall cost to the scheme, he will see that that is already potentially capped by the voluntary agreement according to the resources available.
Lord Kerslake
The point I was making was that the wider the choice of opportunities to buy you give tenants of housing associations, the more likely it is they take up the offer of a portable discount, and the cost will therefore be higher. We will return to how this is financed, but I have a real problem—as I will say later—about a policy that effectively controls the spend by having to say no to people whom you previously promised you might say yes to.
Lord Young of Cookham
Whichever route one goes down, whether the discount is available in the open market or restricted to housing association properties, it comes out of a pot of money which is going to be restricted in any event, so I am not sure that the noble Lord’s point is entirely valid.
The noble Lord, Lord Beecham, started his remarks with a prediction that this voluntary agreement would not survive a change of Administration.
Lord Young of Cookham
I remember similar predictions being made back in 1979, when we introduced the right to buy for local authority tenants. It was fiercely opposed by the Labour Party; we were told that it would not survive. Some 35 years later, it is still there, after 13 years of a Labour Government. So I predict that the voluntary agreement will survive beyond the lifetime of this Government.
At the end of the day, the key point is this: it is not a question of trusting the Government; it is a question of trusting the housing associations. They have a total discretion not to sell. There are many people in your Lordships’ House who have run housing associations. I have every confidence that they will use sensibly the discretion given to them, in the long-term interest of tenants. Some housing association members will be slightly alarmed by the tone of some of this debate: that somehow, housing associations will not use that discretion sensibly and in the long-term interests of those in housing need.
The Duke of Somerset (CB)
My Lords, I support the general thrust of all this group of amendments, but in particular Amendment 56 in the name of the noble Baroness, Lady Royall. With this part of the Bill, the Government are in effect further transferring housing assistance from the rented sector to the owned, so any examination of it should consider whether housing associations will be in a better or worse position once the Bill is enacted.
We should remember that the housing associations have a social mission that is enabled by the philanthropic actions of many providers. In the past 30 years, 1.8 million properties have been bought through the right-to-buy scheme, and the number of council houses has thus reduced from 5.1 million to 1.7 million. This has happened both through the right-to-buy scheme and through the transfer of stock to housing associations. Historically, losses through the right to buy have not been adequately replaced in either quantity or location. It is estimated that 40% of such properties are now in the private rented sector. It should be noted that housing benefit awards here are on average £1,000 per annum higher than they are in the social rented sector, so this is hardly getting people to own their own houses.
Amendment 56 would protect rural areas from the adverse effects of the right to buy. It is needed because the Bill is not properly rural-proofed. There is an ongoing need for a balanced mixture of tenures; that is, not replacing rented homes for people on average incomes with homes to buy for the better-off. Such a right would gradually destroy the rural exception sites, in both their conception and purpose. We know that they have delivered successfully around 7,500 rented or shared ownerships up to the present day. However, if this right is granted, it is vital that houses sold are replaced on the one-for-one basis that we have been hearing about and in the local parish or area, as I think the Government intend. If the replacement is not nearby, the area’s stock of affordable housing will diminish or disappear. At present, only 8% of these are classified as affordable in the countryside, so we must not reduce that any further.
Delivery of this intention will be difficult, especially in the same area. I see, incidentally, that London is specifically excluded from the requirement. Difficulties are quite easy to see—planning permission, landowner acquiescence, the greater expense of building in rural areas, building capacity, even the revenue from the sale of council properties may well be insufficient. Those are just some of the difficulties.
At Second Reading, the Minister indicated that she expected that housing associations would replace locally. Has she negotiated with the stakeholders concerned— the local authorities, the communities or landowners’ representatives—to enable this to happen? The portable discounts to be enabled by housing associations where they opt out of selling will suffer from the same disadvantages. These clauses will exacerbate the shortage of affordable properties and social cohesion in rural areas and I therefore support the amendment.