Mark Prisk
Main Page: Mark Prisk (Conservative - Hertford and Stortford)(11 years, 9 months ago)
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Jack Dromey (Birmingham, Erdington) (Lab)
It is a pleasure to speak under your chairmanship, Mrs Brooke. I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on the excellent case that she put forward. It was a bravura performance, making a powerful case for change. She started by referring to the private rented sector and the fact that that is growing rapidly. Various contributions in the debate have made the point that it has now overtaken the social sector in size at a time when home ownership has fallen for the first time since the 1950s. The very powerful report by the Joseph Rowntree Foundation talks about generation rent—a whole generation of young professionals who are now locked out of home ownership and end up in the private rented sector.
We heard very powerful contributions from my right hon. Friend the Member for Tottenham (Mr Lammy) and my hon. Friends the Members for Nottingham South (Lilian Greenwood) and for Sheffield Central (Paul Blomfield). They pointed to experience from their own constituencies of the problems that people face in the private rented sector. Undoubtedly, the sector will have an important role to play in the future, but absolutely not on the current terms. There are problems of security. Letting agents encourage churn, which leads to insecurity in the sector. There are problems of affordability. There are problems of quality: 37% of homes do not meet the decent homes standard. There are too many rogue landlords and too many rogue letting agents.
More generally, we need to transform the private rented sector into a sector that works for both tenants and landlords and in which there is no place for the disreputable, who undercut the reputable. Letting agents do perform an important role, because in a sector in which most landlords are small landlords, they depend on letting agents, but my hon. Friend the Member for Rotherham was right, in her forensic exposition, to refer to the overwhelming body of evidence that suggests that the current situation is absolutely unacceptable and must change.
According to the CAB report, 73% of those who dealt with letting agents were expressing dissatisfaction. According to the Which? report, this market is second from bottom of 50 consumer markets. There is also the OFT report. My right hon. Friend the Member for Wentworth and Dearne (John Healey) was absolutely right about this. It goes beyond what it would normally say to be critical of the sector and is calling for change, as are many others, from Shelter to the Resolution Foundation. Why is that the case?
In this very powerful debate, we have heard testament from a series of right hon. and hon. Members, including my hon. Friend the Member for Manchester Central (Lucy Powell). There is the problem of fees and lack of transparency. Often, exorbitant fees are charged. They vary wildly, and frequently there are exorbitant up-front fees. The hon. Member for Folkestone and Hythe (Damian Collins) is to be congratulated on his mystery shop exposing that in his own constituency. There is the problem of no client money protection. As a consequence, all too often, both landlords and tenants lose out. There is also the problem of repairs often not being carried out.
It is extraordinary that someone can set themselves up as a letting agent with no qualifications whatever. They have no need to conform to requirements or to provide mandatory safeguards for consumers. It is a ludicrous anomaly that estate agents are regulated, but not letting agents. An excellent phrase was used by the Royal Institution of Chartered Surveyors. It pointed to the fact that 4,000 letting agents act entirely outside any form of regulation or self-regulation in what it calls the “Wild West”.
In government, my right hon. Friend the Member for Wentworth and Dearne—I am proud to follow in his footsteps—took the initiative over the Rugg report to say then that this was a scandal that had to end. Sadly, when the current Government came to power, the then Housing Minister, who tends to get out the clove of garlic in one hand and the cross in the other at the very mention of regulation, dismissed what Rugg had recommended and what, in the consultative process, had been overwhelmingly supported. He called it red tape; we call it protection for tenants and landlords alike.
The Minister for Housing (Mr Mark Prisk)
I am interested to hear that. It has been mentioned that I put down a probing amendment on the question. If it was so important, why did the Labour Government not put the redress measure into law, which it would have been able to do, in Committee on the basis of the amendment that I presented?
Jack Dromey
We moved decisively down the path for comprehensive regulation—
Jack Dromey
We moved decisively down the path for comprehensive regulation of the sector under the last Government.
The Minister for Housing (Mr Mark Prisk)
May I start by congratulating the hon. Member for Rotherham (Sarah Champion)? I think that this is the first time that she and I have been in a debate together; she is a new Member of the House. Not only was she able to secure an important debate, but she set out her argument. We will not always agree on the outcomes, but I think that we do agree on the challenge that faces this particular market. There is a strong element of market failure, as I have discussed in debate with the hon. Member for Birmingham, Erdington (Jack Dromey), who speaks for the Opposition on this matter.
This has been a useful debate, because there is a substantial question and substantial interest from a much wider group. Of course, the number of complaints may have risen because the market is substantially larger than it was, but it would be foolish to assume that that is the only reason and that is certainly not an assumption that I make or any other member of the Government makes, although I did particularly enjoy the idea that the only reason why the Labour Government did not do anything was that the Opposition spokesman did not make a strong enough argument. That is an entertaining argument. It does not quite wash. Nevertheless, I understand and I have a lot of time for the right hon. Member for Wentworth and Dearne (John Healey), which may be very damaging from the point of view of his own personal political future, but there we go.
Before I turn to the specific issues, I would like to set out briefly the context of the Government’s overall approach to the private rented sector, because people naturally have wanted to look beyond just the question of agents. People have talked about the question of supply, the interaction with the housing benefit elements and so on, but let me just look at the private rented sector particularly. As I said in the debate that we had only last month, we are very committed as a Government to ensuring that this is a bigger sector, but also a better sector—one that provides tenants with a genuinely good choice of decent, reasonably priced accommodation. We stand first and foremost on the basis that many—not all—of the problems that we have discussed today, including the difficulties that individual families and tenants have, are a consequence of years of under-supply.
The right hon. Member for Tottenham (Mr Lammy) gave us an interesting historical perspective, but I do not necessarily wish to go back to Dickens; we will stick with the past 25 years. What we have seen in the past 25 years—something on which we have agreed over many years—is that demand has substantially outstripped supply. As a result, the supply available to tenants, and the quality and standards of accommodation, have simply failed to keep up. That has inevitably led to a worsening of the way in which some letting agents operate.
Expanding the supply of rented homes lies at the heart of our strategy. That is why we have taken the radical step of establishing a debt guarantee scheme of up to £10 billion to encourage institutional investment in the sector.
Graham Jones
The Minister makes the case that there needs to be an increase in supply in the private rented sector. In my constituency in Hyndburn, we have nearly 3,000 empty properties, nearly all in the private rented sector. There is a complete over-supply, yet letting agents run rampant. His argument does not succeed in my constituency and in many constituencies like mine, where over-supply is not the answer.
Mr Prisk
We have a long-standing issue with long-term empty homes, of which there are 278,000. I am pleased to say that we saw a drop of 22,000 in the past full year, which is encouraging. We have put specific funds into our programme to bring those empty homes back into use. With respect, if I may say, it is a programme that we had to put in place, because it was not there when we came into office. The hon. Gentleman is right to highlight empty homes, but we are taking steps to change that.
Boosting supply is not only about financial support. We need to be careful to avoid excessive regulation that can deter the investment in supply that we all agree we need. If supply is stifled and if we go back to the bad old days of rent controls, we would actually see a stifling of investment and a shrinking of supply. The net result would be that tenants would have fewer properties to choose from and higher rents as well.
Jack Dromey
I am surprised at the Minister’s assertion. I spoke earlier today at the British Property Federation’s conference, where the Minister will be speaking shortly. The unmistakable message from the federation, which represents institutional investors, is that it believes that the time has come for effective regulation of the sector, particularly regulation of letting agents. It does not believe for one moment that that will put future investment decisions at risk.
Jack Dromey
We are consulting right now on how we move to longer-term tenancies linked to more affordable and predictable rents. We are not convinced by the argument for rent controls, but all those who wish to make contributions can do so. It is to be regretted that the Government have set their face against that, which 1.1 million families badly need in the private rented sector, so that they can plan where they send their kids to school and plan how they manage their household budgets.
Mr Prisk
People will be encouraged if that is confirmation that the Labour party, were it to be elected in some strange manner in a couple of years’ time, will have rent controls. We will see how that develops, but perhaps I should persist, because other hon. Members have raised questions.
Targeted, effective regulation that is carefully thought through, of a statutory nature or otherwise, has a role to play. That is why we have made a particular effort to crack down on rogue landlords, for example, in the case of beds in sheds, which is a dreadful scourge. Frankly, too little has been done in the past. It is an area where people are genuinely exploited and where we want to use the law. That, in a sense, comes to the second question.
Various people have asserted in this debate that letting agents are completely unregulated, but that is not true. That is a myth, which it is important to dispel. We should not be telling tenants that they have no controls and that there is nothing there to protect them and no one to turn to to help them challenge someone who is behaving badly. Whatever our political perspective might be, there is a genuine interest in getting the message right.
Letting agents are subject to regulation. It is important to flag that up. The hon. Member for Sheffield Central (Paul Blomfield) highlighted a specific issue around students and the fact that they were being told incorrect things about market conditions. The Consumer Protection from Unfair Trading Regulations 2008 offer protection against someone who is deliberately misleading and pulling the wool over people’s eyes, enabling individual tenants the opportunity to challenge them.
Also, the Unfair Terms in Consumer Contracts Regulations 1999 protect tenants from unfair conditions. Several hon. Members mentioned the way in which tenants can find themselves facing unfair restrictions on the way in which they can use a property. We have seen—several hon. Members have mentioned this—that trading standards bodies can and will prosecute letting agents. I mentioned a case in West Bromwich in a previous debate and we have heard about a case in Rotherham. In Oxford, a letting agent had to pay £300,000 in fines and costs for consumer protection-related and money-laundering offences after failing to return tenants’ deposits—which several hon. Members have mentioned—letting properties without the authority of their owners, and not passing on rent. So action can be taken. There was a similar case in Plymouth, where the letting agent was jailed for two years for spending client money on foreign holidays—again, that was mentioned by one hon. Member—and propping up his business. That individual may yet face further action to seize his assets. So, serious sanctions are in place, which our constituents can now use. It is important to flag that up.
John Healey
That is a statement of fact, not an argument against proper regulation. The overwhelming evidence mentioned by everybody in the debate is that what is in place at the moment is not successful, not sufficient and not satisfactory to protect tenants and landlords. A statement of fact about the general consumer protection that is in place is not sufficient.
Mr Prisk
It is important to recognise that we need a number of elements to deal with the different problems that have been raised. We need to make sure that we use existing consumer protection legislation now and that enforcement is put in place effectively. I want trading standards bodies to take action not just in the serious cases, such as those that I have flagged up, but in the less serious cases. We have a problem with enforcement. The right hon. Gentleman is right. We cannot mandate trading standards bodies to act in individual cases, but I am determined to encourage those national bodies to ensure that they tackle these issues right across the marketplace. It is not good enough at the moment. We want to make it stronger.
As the hon. Member for Rotherham said, many letting agents who provide services do so quite well and within the law. Several hon. Members have highlighted the Which? report, which showed that one in five tenants are dissatisfied with their agent. That is still too high, but I think that if it is one in five, people will realise that the vast majority—four out of five—seem satisfied with the service that they get. The Which? report is a pretty independent and extensive survey in that context. However, there remain too many agents whose service is poor and unacceptable. Several hon. Members, including the hon. Member for Birmingham, Erdington, mentioned the fact that this is the second lowest of consumer markets.
Our view has been that regulation should not be the first option. Although we recognise that there might be a case for it, the challenge is to make sure that existing law works properly. There is a temptation among all of us as politicians to believe that passing new legislation will deal with people who currently ignore existing regulation. I am sceptical that the changes we make, of a statutory nature or otherwise, will actually catch the rogues that Members of all parties have highlighted. That is the challenge. I am open to consideration. We are looking carefully at what the Office of Fair Trading has said. There are some strong and positive elements there. However, if we are to do this properly—if we are to catch the rogue agents and landlords who perfectly happily flout every other law—we need to make sure that if we change the rules and change the law, we do so in a way that will deal with the individuals in question.