Marcus Jones
Main Page: Marcus Jones (Conservative - Nuneaton)Homelessness Reduction Bill
Marcus Jones ExcerptsFriday 27th January 2017
(7 years, 10 months ago)
Commons ChamberRead Full debate Homelessness Reduction Act 2017 View all Homelessness Reduction Act 2017 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 27 January 2017 - (27 Jan 2017)
Andy Slaughter
Absolutely, and I know that you, Madam Deputy Speaker, also care about homelessness in Tooting. What my hon. Friend illustrates is that we are in new territory. Even though there were big problems, particularly in the private rented sector, 20 or 30 years ago, I doubt that we would then have been talking about homelessness among people of pensionable age. It illustrates how deep this goes in society now that we are worried not just about groups that were at risk in the days of “Cathy Come Home”, but about people who are at a time in their life when they deserve, and should have, stability and security.
I am not keeping to my promise, Madam Deputy Speaker, so I will conclude now, but let me just say this. Yes, new clauses 2 and 3 illustrate a clear point, but this is only part of the problem. Alongside that is the issue of housing supply and the terrible record, I am afraid to say, that this Government have on genuinely affordable housing, on allowing councils to build and ensuring that there is specialist housing.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
Will the hon. Gentleman give way?
Andy Slaughter
Can the Minister not make the point in his own comments? [Interruption.] Very well, I will give way if he wants to intervene.
Mr Jones
I thank the hon. Gentleman for his forbearance in taking my intervention. Does he not welcome the record amount of £3.15 billion that this Government are providing to the Greater London Authority to provide affordable housing in London, which has been welcomed by the London Mayor?
Andy Slaughter
As the shadow London Minister, I welcome everything the London Mayor welcomes. I do not want us to go off on a tangent, but I will just say that we were beginning to make progress; we were beginning to make progress towards the end of the last Labour Government, and the best illustration of that is that under the coalition Government eight out of 10 council homes completed were started under the previous Labour Government. I do not mind the Minister taking credit and talking about the building of additional affordable and social homes, but his Government need to have their own record, not leach off ours.
Andy Burnham
I have also read the briefing note from Crisis, and the hon. Lady will have seen that Crisis does not believe that the funding allocated to the Bill is adequate to meet the obligations that are being placed on local authorities, nor does it believe that the Bill will do anything to address the wider issue of housing benefits.
However, I accept the hon. Lady’s point. I have not come here today to do anything to disrupt the passage of the Bill. It would help everybody if the Bill contained a commitment to a review so that we all know where we stand and so that there is a degree of urgency about how the House is addressing this issue.
Mr Marcus Jones
I hear what the right hon. Gentleman is saying. I am slightly disappointed by his approach and by the important time he is taking up. It is a shame that he did not come to make these points on Second Reading. That said, he asked me the very serious question about what the Government are doing to help address the important issue of rough sleeping in Manchester. We have already announced more than £600,000[Official Report, 1 February 2017, Vol. 620, c. 3MC.] for a social impact bond in Greater Manchester to support entrenched rough sleepers who have the most complex needs. Does he not welcome the work that will be done by the Government and the Greater Manchester combined authority?
Andy Burnham
I will welcome every single thing the Minister does to address this problem and, yes, I welcome that funding. What I do not welcome is the alarming rise in rough sleeping on the streets of Greater Manchester. I am sorry if it is inconvenient for the Minister to hear this, but it is clearly right to put those concerns to him.
Mr Clive Betts (Sheffield South East) (Lab)
I will be brief because I recognise that we want to get to the final stages of this excellent Bill by the end of the sitting.
In terms of wider reach, the Bill is of course only a partial solution. The report of the Communities and Local Government Committee on homelessness drew attention to wider issues that need to be addressed. We need to build more homes in this country, particularly more affordable homes, and we need to build more affordable homes to rent. The Committee recognised that housing needs vary in different parts of the country. Different housing markets need a different response, particularly in terms of tenure mix.
We look forward to the housing White Paper, which we understand is coming soon. We hope that it will be published before the end of February, when Ministers will be coming before our Committee to give evidence as part of our inquiry into the capacity of the housebuilding industry. We will be able to pursue further some of the points about the ability to provide the homes that are needed at that time. I hope that, as the Minister for Housing and Planning seems to be indicating, we will see a move away from the idea that starter homes and shared ownership are the total answer to the country’s housing needs.
A lot has been said about longer-term tenancies in the private rented sector. The hon. Member for Harrow East (Bob Blackman) is absolutely right. When the Select Committee looked at that in the previous Parliament, we supported longer-term tenancies. We want to encourage everyone to move towards them. Within those tenancies, people can get the certainty of an agreed annual rent increase, which is different from having an artificially imposed rent control from outside.
In the here and now, money is absolutely crucial to the Bill’s success. We are getting a little confused about the timings of reviews. From the Select Committee’s point of view, two years on from implementation seems to be a good time to review whether the legislation is working and whether the money available had enabled it to work over the previous two years. I hope that the Minister sees the commitment to a review as a helpful proposal. Alongside the Government, we will review the working of the legislation and the position regarding money. Although there is money in the first year to help local government with start-up costs, after the regulations have been put in place, the Act will probably not be implemented for about a year. We then have a second year with limited funding, and then no funding in the third year, which is probably the second year of operation. I have concerns about that.
I cannot see that there will not be costs to local councils, so I think there is a need for a more immediate review after the Bill is passed, with regard to that third year. If Ministers are looking at a quicker, more immediate review of the finances as soon as the Bill is passed, that would be helpful. The Select Committee would be ready to do an immediate review on that very limited basis, if it would assist the process.
Mr Marcus Jones
It is a pleasure to follow the Chairman of the Communities and Local Government Committee, the hon. Member for Sheffield South East (Mr Betts).
Right hon. and hon. Members have spoken quite a lot about the whys and wherefores of process, and about who tabled which amendments where and when—which side is more sanctimonious than the other almost springs to mind. I am not going to get into that because the Bill is very much about outcomes for people who are at risk of homelessness and people who have unfortunately become homeless.
I am grateful for the opportunity to speak to the new clauses tabled by the hon. Member for Hammersmith (Andy Slaughter). New clause 1 would put on the face of the Bill a statutory requirement for the Secretary of State to review the legislation no earlier than one year and no later than two years after commencement, and would require the review to consider the funding of the provisions. The hon. Gentleman will recall that the question of reviewing the costs of the legislation was raised and discussed at length in Committee, but for the benefit of those who were not there I shall state my commitment very clearly.
I will review the implementation of the legislation, including its resourcing and how it is working in practice, concluding no later than two years after the commencement of its substantive clauses. I will also carry out, in the same timeframe, a post-implementation review of the new burdens to review the robustness of our assessment of the estimated cost to local authorities and the underlying assumptions. As part of both reviews, I would welcome the input and expertise of the Select Committee, and I am happy to discuss how it could be involved. The resources and funding requirements related to the duties I have outlined will also be considered alongside all the other responsibilities of local authorities as part of future spending reviews.
It is important to bear it in mind that the Bill’s provisions will not be implemented on the day it receives Royal Assent, as the hon. Member for Hammersmith acknowledged. We were clear in Committee that the Bill’s successful implementation will depend on working with local government to ensure that resources, guidance and training are in place before its provisions are enacted. For that reason, each measure in the Bill can be commenced independently, once local authorities are ready. Given that fact, a statutory requirement to review, tied to the commencement date of the eventual Act, is unworkable, because the substantive clauses will be commenced at a later date. I also argue that such a statutory requirement is unnecessary given the commitments already in place and the long-standing new burdens assessment procedures.
Mr Charles Walker (Broxbourne) (Con)
First, will my hon. Friend make sure, as he always does, that his civil servants are completely aligned with his objectives? Secondly, I welcome his commitment to work with local authorities; I know that my local authority, Broxbourne, would welcome the chance to discuss these matters with him to ensure that the Bill is successful, as I know it will be. Finally, I thank my hon. Friend the Member for Harrow East (Bob Blackman) for his excellent work over the past few months to make sure that today’s proceedings happened and that new legislation comes into effect.
Mr Jones
My hon. Friend makes an important point about working with local authorities, which we are absolutely determined to do during the Bill’s implementation. He knows that I have already met Broxbourne Borough Council to discuss these important issues, and I would certainly be keen to do that again. He also mentioned making sure that my civil servants’ intention is aligned with my own; I can tell him that the civil servants working on the Bill have done an absolutely excellent job in very testing circumstances. Although the Government wanted to introduce legislation, we must acknowledge the fact that the process for this Bill has been different, in that it is a private Member’s Bill that has also been worked on by the Select Committee, and then had input from local government, the Local Government Association and the housing charities. Our civil servants have done a magnificent job of helping us to bring all those groups together to come out with a product that has broad support.
Ms Buck
On the issue of working with local authorities, the Minister will know my concerns, which I raised in Committee, about Westminster City Council’s recent decision to discharge its duty to homeless people mainly outside the local authority, and in some cases as far away as the midlands. His colleague, the Minister for Housing and Planning, told me on “Sunday Politics” last week that Westminster City Council was wrong to do that and that, in the long run, it should be stopped. Will the Minister confirm that today and tell me what he thinks the long run actually means?
Mr Jones
We discussed that issue in some detail in Committee, so I am not going to go into great detail today, but the law is clear on placements out of borough. The Government are absolutely certain that we want that law to be observed, particularly in relation to making sure that councils look at people’s circumstances—such as where children go to school and where people work—before they make any decisions that may affect a particular family.
Andy Burnham
The Minister spoke a moment ago about successful implementation and a review to check that it has been achieved. Part of that success is about the bureaucracy—the successful implementation of the powers and provision of the money required so that local authorities can discharge their functions—but, as new clause 1 says, it is also about the effect the legislation has on actually reducing homelessness. Before he moves on, will he tell us what the Government’s objective is and what test they are setting themselves with respect to reducing both rough sleeping and homelessness by 2020? We can judge then whether they have been successful.
Mr Jones
We have set out a significant determination to reduce both rough sleeping and homelessness in general. Nobody should ever have to spend the night on the street, and it is regrettable that that is currently the case, but the Government are absolutely determined to ensure that nobody has to sleep rough. It is a complex matter, as I am sure the right hon. Gentleman is well aware. Some of the things we are doing will have a significant impact. For example, there is a challenge in getting people moved from hostel accommodation into an intermediate position, before they are able to go into accommodation of their own. We are bringing forward £100 million for move-on accommodation, for which a bidding process will open very shortly. I hope that, in the spirit of the Bill, the right hon. Gentleman will acknowledge that the Government are not resting on their laurels and do not see the Bill as the be all and end all to deal with homelessness and rough sleeping, which we take very seriously. We are doing a whole package of things to try to improve the situation for people.
If accepted, under new clause 2 private sector landlords would not be able to rely on the no fault ground for possession, known as section 21, within the first three years of a tenancy, if the termination of a tenancy would result in a tenant becoming homeless. Landlords, and in many cases tenants, welcome the flexibility of the current assured shorthold tenancy regime, which does not lock the parties into long-term commitments, and promotes mobility. Without the certainty that landlords can seek repossession of their property when required, perhaps for their own family to live in, many would be reluctant to let their properties. The unwanted outcome would be landlords withdrawing from the market, which would not help landlords or indeed tenants.
Before assured shorthold tenancies were introduced under the Housing Act 1988, the private rental market was in decline. Regulated rents made being a landlord simply not commercially viable for many property owners, but since 1988 the private rented sector has increased steadily, growing from just over 9% of the market in 1988 to 19% today. The current framework strikes the right balance between the rights of landlords and tenants, and our efforts should be focused on encouraging a voluntary approach to longer tenancies for those who want them.
With those points in mind, I hope that the hon. Member for Hammersmith will follow through on the comments that he made at the start of the debate and withdraw new clause 2.
Mr Stewart Jackson (Peterborough) (Con)
It is true that, recently, the liberalisation of permitted development rights has released many more properties for rent, which is a very good thing, but does my hon. Friend agree that changes in fiscal policy, buy-to-let, and, in my own area, selective licensing are encouraging more landlords to resist letting properties? This proposal from the Opposition will exacerbate that trend.
Mr Jones
I agree with my hon. Friend. Layering more regulation on to residential landlords will have the net effect of reducing supply. Many of our constituents rely on renting private properties, so we need to be very careful that the balance is right.
Finally, if new clause 3 is enacted, it will introduce rent controls in the private rented sector by compelling landlords to limit rent rises to no more than once a year and by no more than inflation in cases where there is a risk of the tenant becoming homeless as a result of a rent rise. Although I understand the spirit in which this amendment has been tabled, introducing rent controls is fundamentally the wrong approach and is not borne out by evidence. Experience from Britain and around the world shows that rent controls lead to fewer properties on the market and less choice for tenants. Returning to the situation in the 1980s when the private rented sector was in decline will not help landlords or tenants.
The key to improving affordability and choice for tenants is to build more homes rather than impose rent controls. Our build-to-rent fund has now contracted investment worth £630 million to deliver more than 5,600 high-quality homes specifically for private rent. Our £3.5 billion private rented sector housing guarantee scheme will increase the stream of investment in new private rented sector housing.
We have also established the private rented sector affordability and security working group to explore options to reduce the cost for tenants who access and move within the sector. This group is expected to submit its report to Ministers next month.
I therefore urge the House to agree that new clause 3 is not desirable, and, given the commitment I have made to Opposition Front Benchers, I hope that new clauses 1, 2 and 3 will now be withdrawn.
Andy Slaughter
I thank everyone who has spoken in this debate. I appreciate all the comments that have been made. I particularly thank my right hon. Friend the Member for Leigh (Andy Burnham) for speaking so passionately about the situation in Manchester and the issues of rough sleeping, reminding us that these problems go around the country.
I said in my opening remarks that I would not press new clauses 2 and 3 to a vote, and that is still the case. Their purpose was to try to elicit some positive comments from the Minister, but I think I have failed in that respect. We will return to those matters at an early date. Eviction by private sector landlords is the single greatest immediate cause of homelessness, and it does need to be tackled. We are living not in the world of 1988, but in a very different and less stable climate. I was disappointed by the Minister’s rather wholesale rejection of that issue today, but I hope that we will return to it on a future occasion.
On a more positive note, I said that I hoped not to press new clause 1 to a vote. I am greatly encouraged by what the Minister said, and I thank him both for entering into the spirit of the discussion and the specific words he used. He gave us the comfort that we were looking for in relation to a proper, timely and comprehensive review of the finances behind the Bill. I am particularly pleased that he said that the Chair of the Communities and Local Government Committee, my hon. Friend the Member for Sheffield South East (Mr Betts), and the Select Committee itself will be engaged in that process as well as local government. That is extremely helpful, especially given the time pressures we are under to get these matters sorted out here rather than in the other place. I am sure that the other place will be watching and listening to what the Minister and I have said. On that basis, I beg to ask leave to withdraw the new clause.
Clause, by leave, withdrawn.
Clause 4
Duty in cases of threatened homelessness
Mr Marcus Jones
I beg to move amendment 1, page 5, line 32, at end insert—
“( ) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (7)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—
(a) will expire within 56 days or has expired, and
(b) is in respect of the only accommodation that is available for the applicant’s occupation.”
This amendment prevents a local housing authority from bringing the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end after 56 days if the applicant has been given a notice under section 21 of the Housing Act 1988 that has expired or will within 56 days expire and which is in respect of the only accommodation that is available for the applicant’s occupation.
Mr Speaker
With this it will be convenient to discuss the following:
Government amendment 2, page 6, line 11, after “accommodation” insert—
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”.
This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Government amendment 3, page 6, line 22, at end insert—
“(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).”
This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.
Government amendment 4, in clause 5, page 7, line 45, after “accommodation” insert—
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”.
This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Government amendment 5, page 8, line 9, at end insert—
“(9) The duty under subsection (2) can also be brought to an end under—
(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or
(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).”
This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.
Government amendment 6, page 8, line 18, leave out paragraph (a) and insert—
“(a) for subsection (1) substitute—
(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.
(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—
(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or
(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.
(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—
(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and
(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”
See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.
Government amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert—
“pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”
See amendments 6 and 8.
Government amendment 8, page 8, line 27, at end insert—
“() for subsection (3) substitute—
‘(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.
(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.
But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.’”
This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).
Government amendment 9, in clause 6, page 11, leave out lines 14 to 16 and insert—
“(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”
This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.
Mr Jones
I shall start with amendment 1. At our last Committee sitting on 18 January, I committed to tabling an amendment to clause 4 to ensure that tenants at risk of becoming homeless were sufficiently protected and had access to the required help and support. The Committee agreed amendments to clause 1, so that it now extends the period an applicant is “threatened with homelessness” from 28 to 56 days and clarifies that an applicant is “threatened with homelessness” if they have a valid section 21 eviction notice that expires in 56 days or fewer.
Amendment 1 to clause 4 extends the prevention duty to cover instances where a household that has been served with a valid section 21 notice still remains in the property after receiving 56 days of help from the local housing authority under the prevention duty, and is still at risk of becoming homeless. Specifically, it covers instances where a valid section 21 notice has already expired or will expire in relation to the only accommodation the household has available. The amendment ensures that, in such instances, the prevention duty will continue to operate until such time as the local housing authority brings it to an end for one of the other reasons set out in clause 4, even if the 56 days have passed.
I will also address a related question about other ways of ending a tenancy, which was raised by a number of Members—particularly my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson)— during the Committee’s consideration of clause 1. That clause and this amendment address the particular need to clarify the status of an applicant who has been served with a section 21 notice, but, obviously, people can be threatened with homelessness in a number of ways, as was pointed out in Committee, and any eligible applicant who is at risk of being homeless in 56 days or fewer will be entitled to support under the new prevention duty.
Mrs Sheryll Murray
Does the Minister agree that it is absolutely fantastic that we are addressing this situation? Given that the leader of the Liberal Democrats is on the front page of my local paper saying that if the Liberal Democrats were elected to the council they would supply more than 1,000 new homes to address homelessness, is the Minister not shocked that not one of them is in the Chamber today?
Mr Jones
I have been shocked at how little input there has been from the Liberal Democrats: not one Liberal Democrat was here on Second Reading—and, as we can see today, they have not appeared on Report. My hon. Friend makes a good point. Although at a local level there may be some suggestion that the Liberal Democrats want to address this important issue, at a national level, they do not appear to be showing a massive interest.
Mr Burrowes
One of the concerns expressed on Second Reading and in Committee, not least by my hon. Friend the Member for Colchester (Will Quince), relates to councils that seek to ignore statutory guidance and that will recognise someone as homeless only when a bailiff’s notice is served. Shelter has expressed continuing concerns about that issue in respect of clause 1. Can the Minister reassure us that the guidance and prevention duties will mean that councils cannot simply hide and wait for a bailiff’s notice before acting on these vulnerable households at risk of homelessness?
Mr Jones
I can give my hon. Friend that reassurance. Furthermore, given how the legislation will now work, it will be in the local authority’s interest to work more quickly with people at risk of becoming homeless. As we discussed many times in Committee, the legislation will very much drive a culture change, so that people are helped far further upstream than they have been to date. We are particularly keen to end some councils’ practice of saying to people, “Just wait for the bailiffs to arrive and then we’ll try to help you.” We want people to be helped far earlier. We do not want them to face a court appearance and a county court judgment; that will not help them to secure accommodation later.
I move on. The remaining amendments in this group relate to the issues that we identified with clause 7 but that we were, unfortunately, unable to address at an earlier stage. We identified a key issue: what is a workable balance between incentives and protections in cases where an applicant refuses a suitable offer of accommodation at the prevention and relief stages? We have been working closely with the local government sector and the homelessness charities to resolve the issue and to develop a way forward; I thank all those who have provided their expertise and support. We will discuss the core amendments to clause 7 in the next group: they are amendments consequential to amendments made to clauses 4, 5 and 6.
Amendments 2 and 4 clarify the circumstances in which the new prevention and relief duties can be brought to an end by a local housing authority. They would require not only that a suitable accommodation offer had been turned down but that accommodation would have been available for at least six months. Clauses 4 and 5 insert new sections 195 and 189B respectively into the Housing Act 1996. Those set out the duties owed to those who are homeless or threatened with homelessness. Both clauses have provisions allowing those duties to be brought to an end if a number of circumstances apply.
Amendments 2 and 4 would change new sections 189B and 195 to require that the grounds for giving notice would not only be the refusal of an offer of suitable accommodation but that, on the date when the accommodation was refused, there was a reasonable prospect that it would be available for at least six months or a longer period, not exceeding 12 months, as may be prescribed in regulations. The amendments are relatively simple and ensure consistency with provisions elsewhere in the Bill.
Dr Tania Mathias (Twickenham) (Con)
I do not want to take up much time. In the cross-party spirit of the debate, I give credit to my council and all councillors in the borough of Richmond upon Thames for all the work that is done.
I have a concern about these clauses. Every single homelessness case in my constituency of Twickenham is absolutely unique. I have come across a very small number of cases in which the homeless person has refused suitable accommodation for reasons of their individual situation: they are not sectionable, but the issue is to do with mental health. Will the final accommodation not be a full stop? Will the homeless person be able to come back to ask again for the accommodation?
Mr Jones
I certainly agree that many local authorities across the country work very hard to help homeless people. We hope that the Bill will improve the situation further. On the circumstances that my hon. Friend mentions, I should say that a person could go back to the local authority for a review; there is a safeguard for people in that sense.
Will Quince
Will the Minister confirm my understanding that the Bill incorporates a particular and special safeguard—a full written warning—before any duty is then withdrawn? That is an extra protection to ensure that those facing a termination of duty know exactly what they are getting themselves into.
Mr Jones
My hon. Friend has been a diligent member of the Bill Committee, and I thank him for his intervention. He is correct: the Bill provides for a final written warning. Obviously, we want to make sure that people have an incentive to do the right thing and accept an offer of suitable accommodation, but we also need to consider people who present challenges and need a final warning, in some circumstances, to make them think again and take up the offer the local authority has made.
Amendments 3 and 5 insert helpful signposts into clauses 4 and 5 to ensure that they are appropriately cross-referenced with clause 7. Specifically, they insert references to the provisions in clause 7 about ending the prevention and relief duties when an applicant has deliberately and unreasonably refused to co-operate, and to the provisions about ending the relief duty when an applicant has refused a final accommodation offer or a final part 6 offer. That simply means that the ways in which the prevention and relief duties can be ended are easier to see and understand for those reading the clauses.
Amendment 8, along with amendments 6 and 7, deal with the provision of interim accommodation while a local housing authority is helping an applicant to secure accommodation under clause 5. Amendment 6 sets out that, if a local housing authority has reason to believe that an applicant may be homeless, eligible for assistance and in priority need, it must secure interim accommodation. It also sets out how that duty comes to an end.
In cases where the local housing authority has concluded its inquiries under the homelessness legislation and decides that the applicant does not have a priority need, the duty comes to an end in two circumstances: first, if the local housing authority notifies the applicant that the relief duty is not owed; and secondly, if the local housing authority notifies the applicant that, once the relief duty ends, they will not be owed any further duty to accommodate.
Amendment 7 is a technical amendment to the Housing Act 1996 required as a result of amendments 6 and 8. Where an applicant has been provided with interim accommodation and refuses a final offer, they may request a review of the suitability of that offer. Amendment 8 ensures that the duty to secure interim accommodation continues until any review has been concluded and the decision has been notified to the applicant.
Finally in this group, I turn to amendment 9. The duties to applicants under clauses 4 and 5—the prevention and relief duties—are to help the applicant to secure accommodation. In some cases, this will entail the local housing authority securing this accommodation directly, rather than helping the applicant by, for example, providing a deposit guarantee. Amendment 9 provides that, where that is the case, the provisions of sections 206 to 209 of the Housing Act 1996 apply in the same way they would if the local housing authority secured accommodation under the main homelessness duty.
Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged—for example, about how authorities may secure that accommodation is available and how they can require an applicant to pay a reasonable charge for the accommodation. Provisions also cover the requirements relating to placements in and out of district, including notifications to the hosting local housing authority.
I will leave it at that on amendments 1 to 9. I hope that the House will look favourably on them, in the spirit in which proceedings on the Bill have been conducted, and support them.
Andy Slaughter
I must say that, after the 14 hours and seven sittings in Committee that we have heard about, I was somewhat alarmed when the Government tabled 21 amendments on over six pages last week. I have to say that, on my first reading of them, I was not much the wiser as to what was happening. However, one perseveres, as one always does with legislation.
I must say two things. First, I do appreciate the difficulties the Minister and the promoter have had in squaring the circle so that local government, landlords and homelessness charities are all happy about the way the Bill works, rather than about the principles of the Bill, which I think have been agreed. I am also grateful to the Minister for giving us time with his officials to go through in some detail the implication of the amendments and why they are necessary, and I think I speak for my hon. Friends in saying that. It is regrettable that things could not have been done differently, but we are where we are, and the Opposition regard these amendments and the next set, which we will come to in due course, as either necessary or improving of the Bill, so we will not oppose any of them today, and I can be fairly brief in responding.
I have only two concerns to raise. I think we have all struggled with clause 1. When you start debating clause 1 in the sixth session of a Committee, you know that something is awry. There have been real difficulties with getting this operative clause of the Bill correct, and it is still not perfect. Much of the original clause 1 had to be omitted because it created more problems than it resolved. The key point—about extending the duty from 28 to 56 days —is still there, but there are concerns that, notwithstanding that, and notwithstanding the further amendments before us, which will extend that duty beyond the 56 days where necessary, local authorities will be able to continue to drag their feet in some cases. However, everything that has been said on all sides, and the refinements before us, which add to what is in clause 1, certainly show that the spirit of the Bill—I hope the same is true of the letter of the Bill when we come to the codes of guidance—really does require all local authorities to act at an early stage and to deal, particularly in the case of section 21 notices, with homelessness and threatened homelessness at an early stage.
The other point—the Minister may address this when we deal with the subsequent provisions—is what additional costs there are likely to be. There will undoubtedly be cost implications in relation to continuing prevention assistance beyond 56 days and—this is quite proper—to being clear about when interim duties come to an end and continuing them while reviews continue. I would like to hear from the Government not only whether those costs will be fully funded but whether the funds have been calculated. Will we hear about that today? We certainly need to before the Bill leaves both Houses. However, with those two caveats, I can be commendably brief and end my comments there.
Mr Marcus Jones
I will start by responding to the hon. Member for Hammersmith (Andy Slaughter). Significant concerns were raised on Second Reading, particularly with regard to the views of the Residential Landlords Association. In keeping with the spirit of the way in which this legislation has been developed, significant work took place to try to resolve that issue so that the Bill would not be put at risk during the parliamentary process. That work was done in conjunction with not just the RLA, but a number of charities and the LGA.
Andy Burnham
On Government amendment 2, which I asked the hon. Member for Harrow East (Bob Blackman) about, why cap the tenancy at 12 months? That seems to encourage local authorities to offer shorter-term tenancies, rather than making standard offers of longer-term tenancies. The Select Committee did not recommend a 12-month cap, so why have the Government inserted such a provision?
Mr Jones
If the right hon. Gentleman will forgive me, I will make the points that I was going to make and then I will directly address his point.
The hon. Member for Hammersmith mentioned Shelter’s concerns about clause 1. I assure him that we reached agreement with Shelter and other organisations that the clause would be acceptable before it was drafted and before the amendments were tabled. He also mentioned costs, about which we had a long debate in Committee. I note that he has been reassured by comments today, given his willingness to withdraw new clause 1. I undertook to consider further amendments and, once the Bill has been amended, I will be more than willing to share with the House what the additional costs will be.
I hope that the right hon. Member for Leigh (Andy Burnham) will be reassured that there is no upper limit. The reference to 12 months means that the minimum length of tenancy can be increased to 12 months through regulations. Basically, if the rental market changed and we were in a position to change legislation to reflect a 12-month rather than six-month tenancy, that provision would give us the flexibility to do so. It does not put a maximum cap on the tenancy that can be secured. If a local authority is able to secure a three-year tenancy because that is what a landlord is offering, people who were homeless or at risk of homelessness would be able to take up that offer of a longer tenancy. I hope that that reassures him.
I thank my hon. Friend—I nearly went too far. I am not sure that “hon. Friend” would be the right term, bearing in mind that I have another appearance before the Select Committee on Monday, but I thank the hon. Member for Sheffield South East (Mr Betts) for the part that he has played on the Committee. I thank him and the hon. Member for Hammersmith, as well as other Members, especially the hon. Member for Dulwich and West Norwood (Helen Hayes), for the work that they have been willing to do behind the scenes to get the Bill to this point.
The hon. Member for Sheffield South East talked about the code of guidance, and it is critical that we get that right. As he knows, the code of guidance will be updated. The Bill includes a commitment to put that before the House, and we will work with the LGA on that code to ensure that we get it as right as we can. As my hon. Friend the Member for Harrow East pointed out, the Bill contains powers to put in place a code of practice, so the Secretary of State can reinforce any existing legislation through regulations, or introduce new regulations.
There is a positive consensus across the House that the amendments will improve the Bill and make it more workable.
Amendment 1 agreed to.
Amendments made: 2, page 6, line 11, after “accommodation” insert
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”
This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Amendment 3, page 6, line 22, at end insert—
‘(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””—(Mr Marcus Jones.)
This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.
Clause 5
Duties owed to those who are homeless
Amendments made: 4, page 7, line 45, after “accommodation” insert
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”
This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Amendment 5, page 8, line 9, at end insert—
‘(9) The duty under subsection (2) can also be brought to an end under—
(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or
(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””
This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.
Amendment 6, page 8, line 18, leave out paragraph (a) and insert—
“(a) for subsection (1) substitute—
(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.
(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—
(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or
(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.
(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—
(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and
(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”;”
See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.
Amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert
““pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”
See amendments 6 and 8.
Amendment 8, page 8, line 27, at end insert “;
() for subsection (3) substitute—
“(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.
(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.
But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.””.—(Mr Marcus Jones.)
This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).
Clause 6
Duties to help to secure accommodation
Amendment made: 9, page 11, leave out lines 14 to 16 and insert—
‘(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”. —(Mr Marcus Jones.)
This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.
Clause 7
Deliberate and unreasonable refusal to co-operate: duty upon giving of notice
Mr Marcus Jones
I beg to move amendment 10, page 11, line 19, at end insert—
193ZA Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage
(1) Subsections (2) and (3) apply where—
(a) a local housing authority owe a duty to an applicant under section 189B(2), and
(b) the applicant, having been informed of the consequences of refusal and of the applicant’s right to request a review of the suitability of the accommodation, refuses—
(i) a final accommodation offer, or
(ii) a final Part 6 offer.
(2) The authority’s duty to the applicant under section 189B(2) comes to an end.
(3) Section 193 (the main housing duty) does not apply.
(4) An offer is a “final accommodation offer” if—
(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant’s occupation,
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority in the discharge of their duty under section 189B(2), and
(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.
(5) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that—
(a) is made in writing by the authority in the discharge of their duty under section 189B(2), and
(b) states that it is a final offer for the purposes of this section.
(6) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (7) does not apply.
(7) This subsection applies to an applicant if—
(a) the applicant is under contractual or other obligations in respect of the applicant’s existing accommodation, and
(b) the applicant is not able to bring those obligations to an end before being required to take up the offer.”
This amendment provides that a local housing authority’s duty to an applicant under section 189B(2) of the Housing Act 1996 (inserted by clause 5) comes to an end, and the applicant does not proceed to the main duty under section 193 of that Act, if the applicant refuses a final offer of an assured shorthold tenancy of at least 6 months or an offer of social housing under Part 6 of that Act. In either case, the offer would have to be of accommodation that is suitable for the applicant.
Madam Deputy Speaker (Natascha Engel)
With this it will be convenient to discuss the following:
Government Amendment 11, page 11, leave out lines 29 and 30
This amendment, and amendments 12 and 13, limit the grounds on which a notice can be given under new section 193A of the Housing Act 1996 (inserted by clause 7), so that it can only be given if the applicant deliberately and unreasonably refuses to take a step that the applicant agreed to take, or that was recorded, under new section 189A of that Act (inserted by clause 3).
Government Amendment 12, page 12, leave out lines 9 to 11
See amendment 11.
Government Amendment 13, page 12, line 16, leave out from “refuse” to “after” in line 17 and insert “to take any such step”
See amendment 11.
Government Amendment 14, page 13, line 16, after “made” insert “by a private landlord”
This amendment, and amendments 15 and 16, make it clear that a final offer of an assured shorthold tenancy would not be made by the local housing authority itself, but rather be made by a private landlord and approved by the authority. A local housing authority cannot grant an assured shorthold tenancy - see sections 1 and 19A of, and paragraph 12 of Schedule 1 to, the Housing Act 1988.
Government Amendment 15, page 13, line 19, leave out “by or”
See amendment 14.
Government Amendment 16, page 13, line 29, leave out from “not” to “unless” in line 30 and insert “approve a final accommodation offer, or make a final Part 6 offer,”
See amendment 14.
Amendment 17, page 13, line 39, after “if” insert “—
(a) section 193ZA(3) disapplies this section, or
(b) ”
This amendment inserts, into section 193 of the Housing Act 1996, a reference to section 193ZA of that Act (inserted by amendment 10), under which section 193 can be disapplied.
Government Amendment 18, in clause 9, page 15, line 6, after “section” insert “193ZA or”
This amendment allows an applicant to request a review of a local housing authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Government Amendment 19, in clause 12, page 17, line 22, after “section” insert “193ZA(6) or”
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to a decision by a local housing authority as to whether they should approve a final accommodation offer by a private landlord for the purposes of section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Government Amendment 20, in clause 12, page 17, line 26, leave out “vulnerable person” and insert
“person who has a priority need”
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to accommodation secured by a local housing authority, in discharge of their duty under section 189B(2) or 195(2) (inserted by clauses 5 and 4, respectively), for all persons who have a priority need rather than just “vulnerable persons”.
Government Amendment 21, in clause 12, page 17, leave out lines 32 to 37
See amendment 20. This amendment removes the definition of “vulnerable person”.
Mr Jones
This is the last set of Government amendments and I am grateful for the forbearance of the House. As I explained on the last group, we identified a number of issues with clause 7 that we were unfortunately unable to resolve in Committee. This group contains the core corrections to clause 7. We have already discussed the related amendments to clauses 4, 5 and 6, and this group also contains related amendments to clauses 9 and 12.
Amendment 10 delivers an important change, and has been laid following extensive discussion with the local government sector and with Crisis and Shelter. It deals with the consequences for applicants of refusing offers of accommodation made by the local housing authority during the relief duty. The Bill already provides that the local housing authority can bring the relief duty to an end if an applicant refuses an offer of suitable accommodation. The applicant can then go on to the main homelessness duty under section 193 of the Housing Act 1996, if they are owed it. We believe it is right that where an applicant is made a suitable offer under the relief duty, they should not be able to move into the main duty by refusing that offer. That is an important part of the balance between rights and responsibilities for applicants. However, it is also essential that, if the offer is intended to be the applicant’s final offer, appropriate safeguards are in place.
Amendment 10 provides that where an applicant refuses an offer and the relief duty is ended, the applicant will not proceed to the main duty, but that will apply only if the offer reaches a particular standard. The offer must be either a final accommodation offer or a final part 6 offer, and the applicant must be informed of the consequences of refusing and of their right to request a review of the suitability of the accommodation. A final part 6 offer is a suitable offer of social housing. A final accommodation offer is an offer of an assured shorthold tenancy with a term of at least six months in the private rented sector.
Amendments 14, 15 and 16 clarify that a final offer of an assured shorthold tenancy made to an applicant who has refused to co-operate will be made by a private landlord. This clarification brings the clause in line with other provisions relating to private rented sector offers in the homelessness legislation.
Amendments 17, 18 and 19 reflect the relevant changes introduced by clause 10 to the relevant parts of the Bill, including providing that the applicant can request a review of the suitability of the accommodation and that appropriate suitability requirements apply.
The last set of amendments to clause 7 relate to another issue we identified during Committee stage. At the moment, clause 7 is drafted in a way that means that the definition of deliberate and unreasonable co-operation is drawn more widely than we intended, covering co-operation with the local housing authority in the exercise of its functions under the prevention and relief duties. Amendments 11, 12 and 13 make it clear that the provisions apply only when the applicant’s refusal to co-operate relates specifically to the steps set out in their personalised plan.
Finally, on amendments 20 and 21, clause 12 amends article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012. Article 3 currently requires that when a local housing authority approves an offer in the private rented sector for those in priority need under the main homelessness duty, additional checks are required to ensure the property is in reasonable physical condition, is safe and is a well-managed property. Those additional checks are extended by clause 12 to those defined as vulnerable persons and to secured accommodation in the private rented sector under the new homelessness prevention and relief duties.
Hon. Members on both sides of the Committee were concerned that the protection did not go wider. In particular, the hon. Member for Westminster North (Ms Buck) suggested that other types of applicant should be afforded this protection, including families with children and pregnant women. These concerns were echoed by my hon. Friends the Members for Mid Dorset and North Poole (Michael Tomlinson), for Colchester (Will Quince), for Northampton South (David Mackintosh) and for Chippenham (Michelle Donelan). I have listened carefully, and I am pleased to bring forward amendments 20 and 21 to provide that these additional checks be made in respect of all those with a priority need where the local housing authority secures private rented sector property under the new prevention and relief duties.
In conclusion, this is an unusually long list of amendments for the Report stage of a private Member’s Bill, but I have worked closely with my hon. Friend the Member for Harrow East (Bob Blackman), the local government sector and homelessness charities to ensure that the Bill is fit for purpose, and I want again to thank them all for their efforts in putting together what is now a very strong package.
Bob Blackman
Obviously, we do not want families or individuals who are reaching a crisis point in their lives, having become homeless, to be placed in completely unsuitable accommodation, or with rogue landlords who are unsuitable people to be offering accommodation in the first place, and it should be the duty of local authorities to ensure that that does not happen. The amendments will ensure that the current position is corrected for the benefit of society. Ideally, no one would ever be offered unsuitable accommodation, but, as I think we all recognise, that is sometimes the case.
Clause 7 deals with
“an applicant’s deliberate and unreasonable refusal to co-operate”.
A balance needed to be struck. As the Bill’s promoter, I must make it abundantly clear that homeless people will not be able to just turn up to their local housing authority and say, “You have a duty to find me somewhere to live”, and then fold their arms and wait for it to happen. They will have a duty to co-operate with the plan and carry out the actions required under it, and if they fail to do so, the housing authority will be able to terminate its duty. So there are duties on both sides, which must be right.
Equally, however, I do not want applicants to be unfairly penalised for some minor discrepancy. For example, if an applicant missed an appointment because of a need to visit a doctor or hospital, or as a result of some other commitment, it would be unfair and unreasonable for a local authority to penalise that individual. As the Minister has explained, the review process will be tightened to ensure that people receive written notices and are given an opportunity to review any unfair decision. That strikes the right balance, ensuring that applicants can receive a service—help and advice, and an offer in the private or socially rented sector—while also requiring them to take actions themselves.
I am grateful to the Minister for his time and forbearance, particularly in respect of that issue, which has occupied a substantial amount of time for all concerned. The compromise that has been reached will improve the Bill yet further and ensure that all people who have a priority need, and indeed those who do not, are secured private rented accommodation under these new homelessness relief duties. It will also ensure that those additional suitability checks will be carried out by the local housing authority to ensure that the property is safe and well managed. On that basis, I trust that all hon. Members will support these and the other amendments that the Minister has brought forward, so that we have a suitable package of measures to present to the other place, it will see the wisdom of our lengthy debates and close scrutiny of these proposals, and view them as a package of measures that together improve the lot of those people who are homeless.
Mr Marcus Jones
I would like to respond to several of the matters raised by colleagues.
The hon. Member for Hammersmith (Andy Slaughter) mentioned the work with the LGA around amendment 10. He is correct on that, as he is on amendments 20 and 21, in relation to the concerns of the charities, particularly Shelter. He showed that he is extremely sharp when he raised the point about costs and the comments I made earlier about when I would bring forward further details of the additional cost incurred due to amendments that have been made to the Bill this morning. Indeed, my intention was to bring those costs to the House once the Bill had been amended. I will not tease the hon. Gentleman any further. In a few minutes, I hope to be giving further detail on the cost.
Before I conclude, I want to correct one point I made this morning when we dealt with the second group of amendments and I was responding to the points made by the hon. Member for Sheffield South East (Mr Betts). He raised the issue of the code of guidance and it being put before the House. I inadvertently said that the code of guidance would be put before the House. I am sure that the hon. Gentleman will recall from all those long Committee sittings that it is in the legislation that the code of practice will come before the House, rather than the code of guidance. However, I will seek to reassure my hon. Friend, or rather the hon. Gentleman—I was straying into risky territory again, there. I want to reassure him by saying that we would certainly welcome his Committee’s involvement in relation to the consultation on the revised code of guidance that will come out of the provisions in the Bill.
Mr Betts
I thank the Minister for that helpful clarification. The Committee will try to play a constructive role in that. We welcome the code of guidance coming to us, and we will as quickly as possible take a look at it and get comments back to him. Equally, if the code of practice is coming to the House, we will probably want to play a role as part of that formal process as well.
Mr Jones
I thank the hon. Gentleman for his intervention. As ever during this process, he has sought to use a very constructive tone in the debate and has shown pragmatism. We have been able to all work together; that goes for the Opposition Front-Bench team, too. It has not been easy at times, but there has been a pragmatic approach to making sure that we get this legislation into a good place and to the other end of the Corridor, thereby encouraging noble Lords to support not just the amendments dealt with today, but the overall Bill as a significant package towards helping people who are at risk of becoming homeless, or who do indeed become homeless.
Amendment 10 agreed to.
Amendments made: 11, page 11, leave out lines 29 and 30.
This amendment, and amendments 12 and 13, limit the grounds on which a notice can be given under new section 193A of the Housing Act 1996 (inserted by clause 7), so that it can only be given if the applicant deliberately and unreasonably refuses to take a step that the applicant agreed to take, or that was recorded, under new section 189A of that Act (inserted by clause 3).
Amendment 12, page 12, leave out lines 9 to 11.
See amendment 11.
Amendment 13, page 12, line 16, leave out from “refuse” to “after” in line 17 and insert—
“to take any such step”.
See amendment 11.
Amendment 14, page 13, line 16, after “made” insert “by a private landlord”.
This amendment, and amendments 15 and 16, make it clear that a final offer of an assured shorthold tenancy would not be made by the local housing authority itself, but rather be made by a private landlord and approved by the authority. A local housing authority cannot grant an assured shorthold tenancy - see sections 1 and 19A of, and paragraph 12 of Schedule 1 to, the Housing Act 1988.
Amendment 15, page 13, line 19, leave out “by or”.
See amendment 14.
Amendment 16, page 13, line 29, leave out from “not” to “unless” in line 30 and insert—
“approve a final accommodation offer, or make a final Part 6 offer,”.
See amendment 14.
Amendment 17, page 13, line 39, after “if” insert “—
(a) section 193ZA(3) disapplies this section, or
(b) ”—(Mr Marcus Jones.)
This amendment inserts, into section 193 of the Housing Act 1996, a reference to section 193ZA of that Act (inserted by amendment 10), under which section 193 can be disapplied.
Clause 9
Reviews
Amendment made: 18, page 15, line 6, after “section” insert “193ZA or”.—(Mr Marcus Jones.)
This amendment allows an applicant to request a review of a local housing authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Clause 12
Suitability of private rented sector accommodation
Amendments made: 19, page 17, line 22 , after “section” insert “193ZA(6) or”.
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to a decision by a local housing authority as to whether they should approve a final accommodation offer by a private landlord for the purposes of section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Amendment 20, page 17, line 26, leave out “vulnerable person” and insert—
“person who has a priority need”.
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to accommodation secured by a local housing authority, in discharge of their duty under section 189B(2) or 195(2) (inserted by clauses 5 and 4, respectively), for all persons who have a priority need rather than just “vulnerable persons”.
Amendment 21, page 17, leave out lines 32 to 37.— (Mr Marcus Jones)
See amendment 20. This amendment removes the definition of “vulnerable person”.
Third Reading
Mr Marcus Jones
I am very pleased and proud to speak in support of the Bill’s Third Reading. Homelessness, as we all know, is a chronic issue with which successive Governments have grappled. Given the complex issues that many people face, no one could claim that tackling homelessness is easy, but, as I and many colleagues have said many times, one person without a home is one too many. Everyone who can help clearly has a duty to do what they can.
Supporting important proposed legislation such as this Bill is what we can do in this House. We have scrutinised and improved the Bill, and we all hope that it will complete its passage without incident and deliver the change that we want to see. Royal Assent is only the start, however, and I want to talk about what the Government will do to make the Bill a success on the ground.
On 17 January, I announced £48 million of funding to local government to meet the new burdens cost associated with the Bill in this spending review period. When I made that announcement, I was clear that the figure of £48 million reflected the Bill as drafted at that time. I committed to updating the new burdens assessment to reflect any changes to our estimates in the light of any further amendments to the Bill on Report. The Government have today made significant amendments to further strengthen the Bill, and I am sure that hon. Members on both sides of the House are keen to understand their impact on the new burdens cost.
I can confirm that the amendments agreed today are estimated to increase the cost of the Bill by £13 million over the course of this spending review period. That increases the total new burdens cost of the Bill from the £48 million that I had announced, to £61 million. I am pleased to confirm that the Government will meet those costs.
I do not know whether it is true or not, but I suspect that, as several hon. Members have suggested, my hon. Friend the Member for Harrow East (Bob Blackman) has achieved a record in having the private Member’s Bill with the most significant cost implications for Government spending. In that sense, he can consider that he has had a very good outcome.
The final new burdens assessment will be published once the distribution formula for the funding is complete, and when the Bill has completed its passage through the House. As I said in Committee, we will work with local authorities and the Local Government Association to develop a fair distribution model for the funding. That needs to reflect the different need in different areas, reflecting, for instance, the additional pressures and costs faced by many councils in London.
Ahead of implementation, we will work with local housing authorities to ensure that they have the resources and support they need. Key to that is updating the code of guidance, which will be reviewed in co-operation not only with local housing authorities but others with an interest and expertise, such as the homelessness charities and the landlord groups—not to mention the continuing role that the Select Committee will no doubt play in the process. That guidance will be needed by local authorities as they prepare to implement the new duties in the Bill, and as they support their staff to understand the new legislation and undertake the training they will need.
The Government will also have key implementation tasks. We will prepare the regulations setting out which public authorities will be subject to the duty to refer, identifying those authorities and working with them to ensure that they understand their new responsibilities and are ready to play an active role. We will also continue our work to improve the data we collect, so that we can monitor implementation and assess the impact and success of the Bill.
We do not see the Bill as the only way to reduce homelessness. It is an important part of our armoury, but it is not the panacea. The Government have initiated and are working on several other programmes in this area, because we are determined to do as much as we can to tackle the issues of homelessness and rough sleeping.
I want to finish by paying personal tribute to my hon. Friend the Member for Harrow East for all the effort that he has put into the Bill. It has been an absolute pleasure to work with him over many weeks on his Bill. As he mentioned, the time and scrutiny the Bill has been through is unusual, but he has remained calm in the face of some real challenges and has been focused on his final aim, which has been a key factor in getting the Bill this far.
Earlier, I mentioned hon. Members on both sides of the House who have been instrumental in bringing the Bill forward, but I also wish to mention my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), who—in the absence of a Government Whip in a private Member’s Bill Committee—acted as Whip and wing man for my hon. Friend the Member for Harrow East. I also wish to thank one of our long-suffering departmental Parliamentary Private Secretaries, my hon. Friend the Member for Taunton Deane (Rebecca Pow), for the effort that she has put into the process. The other person on the Committee I have not mentioned is my hon. Friend the Member for Portsmouth South (Mrs Drummond), who also made an excellent contribution to the debate today.
I also wish to mention Martine Martin, the parliamentary assistant to my hon. Friend the Member for Harrow East. I will not say she kept him in check, but she worked extremely hard and diligently to help him to bring the Bill forward.
Finally, I also thank my officials for doing a tremendous job, the charities, particularly Crisis, Shelter and St Mungo’s, the relevant landlords associations, the LGA and the many individual councils and others in local government. I look forward to the Bill’s enactment. I am sure that my hon. Friend will remain hot on my heels as it is implemented, and I look forward to continuing to work with him on this extremely important issue.