Mark Prisk
Main Page: Mark Prisk (Conservative - Hertford and Stortford)(10 years, 2 months ago)
Commons ChamberI will take our record over the Government’s record any time. We built 2 million houses in government, 500,000 of which were affordable, and I am really proud of the decent homes programme, which transformed the council housing stock in our country, which was left in a shocking state at the end of the ’90s.
I want to make a bit of progress, as I know that several hon. Members want to speak in this debate, but I will give way shortly.
I shall set out the three proposals in our motion. First, we would legislate for longer-term tenancies; secondly, we would act on unpredictable rent rises; and thirdly, we would ban letting agent fees on tenants. On the first element, our motion calls on the Government to legislate to make three-year tenancies the norm. Under our proposals, tenants would have a six-month probationary period, and as long as they respected the property and paid their rent on time, they would then have the stability of the rest of that three-year period. Of course, we would build in protections for landlords—that is obviously essential—but crucially it would provide much-needed stability for private renting tenants.
The housing Minister’s comments were absolutely appalling, and it is a shame he is not here so that we can debate them with him. It simply is not acceptable for a private landlord to evict somebody just because they are on benefits, which is why we are proposing to get rid of no-fault eviction.
The hon. Gentleman raises a key point—in fact, he has pre-empted the very next section of my speech. He is absolutely right that there would still be students and people working in different parts of the country who would want more flexibility. Our proposals do not exclude that; they include it. Essentially, however, our main message today is that whereas 20 years ago students and people moving around the country were the main groups renting privately, there is now an increasing number of people who are settling in the private sector—they can be individuals, couples or families with children. We think that the current set-up does not cater for that growing group of people within the private rented sector.
I simply do not agree with the hon. Gentleman. According to Shelter, which conducted a survey of letting agents throughout Scotland, there is no evidence—[Interruption.] I allowed the hon. Gentleman to intervene; perhaps he will have the politeness to listen. The survey by Shelter established that, since 2012, landlords in Scotland were no more likely to increase rents than landlords elsewhere in the United Kingdom.
What the hon. Gentleman and other Government Members must ask themselves is this: is it reasonable for letting agents to charge whatever they want to charge? For that is exactly what is happening. Is it reasonable for a letting agent to charge £300, £400 or £500 for inventories, references, and all the other things that the landlord needs, because the letting agent is working for the landlord? And guess what? The landlord is paying a percentage—usually 8% or 10%—in order to pay management costs to the letting agent. It is not as if the letting agent is not getting any money out of the transaction.
We are merely suggesting that, given that the tenant does not shop around for a letting agent—the tenant shops around for a property—the tenant should not have to pay the fees. If Government Members want to set their faces against Generation Rent, let them go ahead and see what the electoral consequences are.
I have explained very clearly. I am sorry that the hon. Gentleman did not listen. We will put a ceiling on rent increases during the three-year tenancies, at the end of year one and at the end of year two. In Ireland there is a ceiling on rent increases during its four-year tenancies, and there is also a ceiling in Spain. We will consult industry representatives in order to reach agreement on what the best ceiling would be, but Ireland—[Interruption.] Members should listen. Ireland uses the average market rent, which seems perfectly reasonable, and Spain uses a measure of inflation that takes housing costs into account.
We can have a sensible debate, but all I say to the hon. Gentleman, who is a former Housing Minister, and other Government Members is, why should not families have stability and security for three or four years to plan the lives of their children? Why should they face the insecurity of their rents going up excessively and their having to change area and school? Such insecurity is having a massive impact on the aspirations and life chances of children in that situation.
May I draw the House’s attention to my entry in the Register of Members’ Financial Interests?
Let me start by saying that I strongly believe in both a bigger and better private rented sector. As with the housing market as a whole, as we heard from the right hon. Member for Holborn and St Pancras (Frank Dobson), we need more homes in this sector and more homes to rent. That means securing substantial private investment into the sector, for the long term. As the Select Committee found, increasing supply is good not only for the market as a whole, but for tenants, as it gives them, finally, the opportunity to choose and that helps us to make sure that bad and mediocre landlords raise their game. Therefore, the argument for increasing supply is not just an economic one; it is a social argument on behalf of the existing tenants in the marketplace. That is why the Government were right in taking on and fully implementing the findings of the Montague report.
The hon. Member for Wolverhampton North East (Emma Reynolds) asked what the Government were doing to get institutional investors in, so I should mention the £1 billion Build to Rent fund and the up to £11 billion in housing guarantees. They are crucial, not just because they involve large sums, but because they are long-term commitments to a sector that needs them. May I say to my former colleagues on the Front Bench that we could speed up the due diligence process on the Build to Rent fund? I have raised the issue with Ministers before, but if we are to get these homes under construction, we might speed up that process. I am sure that the Minister replying to this debate will want to set out where the Homes and Communities Agency has got to on this, because I know he shares my ambition to get those homes under way.
The Labour party is in danger of cutting off the very investment it claims it wants. The hopeless muddle—I am being polite—around the announcements from its leader’s office on rents caused many investors real alarm. There are responsible long-term institutional investors who want to invest and provide the quality of home and the longer leases that the Labour party has rightly been calling for, but by muddling rent indexation with rent controls and by part of its leadership playing to the gallery, the Labour party has left a large question mark over its housing policy. If, heaven forfend, we were to find next May that we had a Labour Government, that party and its Front-Bench team—I think they know this, given their chuntering—would need to clear up the muddle or they simply would not get the necessary investment and therefore the necessary supply.
Labour’s policy for a national register of landlords is just a gimmick. As we have seen in Scotland, such a policy would have little, if any, impact on standards, but we would see a rise in rents. The Labour Government checked what a national register would cost: it would be £300 million. Who would pay it? Would it be the landlords? No, it would be the tenants.
Does the hon. Gentleman understand how long it takes local authorities, including his, to find out who a private landlord is and how much money would be saved by knowing who the landlord was through a register?
There is a case for registers in individual local authorities but, as the Select Committee agreed, a national register applied on a rigid basis is not the answer.
On standards in the sector as a whole, there is a case for a more professional rented sector. As several hon. Members have said, a minority of landlords and letting agents provide what is, at best, a shoddy service; in some cases, they flout the law and in others they have a wanton disregard for tenants’ safety. More can be done, and I encourage the Minister to focus on houses in multiple occupation. That subsector is the source of some of the worst practices, as hon. Members may know from their constituents, and often people on the lowest incomes and students are caught in it. We have legal powers in place to deal with this, but perhaps a little elbow grease from Ministers, a little Whitehall direction, and a little support and encouragement from local councils could make a real difference. Let me highlight one aspect of this issue. We need to look not just at the urban, larger HMOs in places such as Headingley in Leeds, but at some of the smaller HMOs—the two-storey houses. I am talking about the ones where, as I have discovered in the fens, HMOs are serving seasonal workers and are very often the source of dreadful practices and wider criminality.
On the letting agents issue, which the Opposition have flagged up in their motion, I am proud that it is this Government who are giving tenants proper powers of redress. The ombudsman scheme, backed by a clear code of practice, is long overdue and it will enable us to start to drive up standards of service. Let me remind the House that when in government the Labour party spoke against and voted against those redress measures for tenants. This House needs to remind not only itself but tenants whom we serve that that is where the Labour party stood for 13 years—it refused to support additional redress for tenants—and the party should be ashamed of that record.
Labour’s proposals on banning fees are well intentioned, because we have seen some dreadful practices, but the measures do not deal with the root cause of the practice among letting agents; what they would do is help to tackle one symptom. As questioning from my hon. Friend the Member for Enfield North (Nick de Bois) highlighted, Labour’s proposals contain nothing to prevent agents from then charging the landlords instead, which will lead to higher rents. So, by the back door, a well-intentioned piece of legislation would lead to an unintended consequence that costs tenants more. It is a very familiar story with the Labour party. What we need is a sector-wide agreement, one that sets higher standards for the quality of the homes provided, the type of leases offered and the level of customer service that tenants can expect. That is the way forward. We want a comprehensive approach and not a quick fix.
We have a great opportunity to put in place permanently a genuine and stable private rented market. For too long, this House has tended to divide blue and red on the issue of tenure. It is, “Home ownership is perfect” or “Social housing is perfect.” We need to move on and recognise that we need more homes to rent, more subsidised homes to rent and more homes to own. Unless we focus on supply and play the game in terms of ensuring that the whole market works, we will fail. A modern economy needs a dynamic, open and competitive private rented sector, and it needs tenants who can rely on what is a professional standard. It should be a market in which the customer, and not the provider, leads.
We are, as a Government, making good progress. The policy direction is right, but I say to Members on both Front Benches that there is more that can be done.
Just before I bring in the next speaker, may I say that if a Member is declaring an interest in the subject, they should say what the relevant interest is rather than saying it just in passing? I say that to help Members in the future.
Indeed. Some Labour councils have done precisely that, by using their compulsory purchase powers to renovate homes and transform the lives of those who live in them.
The shadow housing Minister is right about the need to bring all homes in the private rented sector up to a decent homes standard. She is also right to highlight the importance of a potential national register. I was surprised to hear the hon. Member for Hertford and Stortford (Mr Prisk), whose contributions to debates on housing are usually thoughtful, pooh-pooh the notion of a register, because it would tell us who the landlords are; provide information on whether they pay their taxes, which is of benefit to Her Majesty’s Revenue and Customs; and communicate to landlords their rights, entitlements and obligations. If any landlord were found guilty of serious criminal behaviour, they could be deregistered, which would result in them not being able to operate as a landlord. A national register could make a significant contribution to what we are seeking to achieve.
I hate to recreate our old sparring moments, but I say to my former shadow Minister that the problem is that it is accreditation and standards that are needed. Registration—a set of names on a form—has not worked in Scotland, which has only got rid of less than half of 1% of agents after five years. It has not dealt with the rogues, but it has cost tenants more in rent.
A register would be a means to an end. It would not be sufficient in itself, but ultimately, this is about an effective approach to enforcement. I stress again that a register would be of benefit to good landlords because it would inform them of their rights and entitlements.
In conclusion, in my former being in the union, I used to say that, for all the problems, nothing is impossible. The scale of the housing crisis in this country is absolutely immense, but so too is the scale of our ambition. As our leader said last September, and as the shadow housing Minister has said so often since, it requires the kind of determination that characterised the 1945 Labour Government. The 2015 Labour Government will have exactly that determination—homes for all at a price they can afford.
To my knowledge, in many cases, agents do considerably more than that. They check the credit details for people who are going to be renting the property, and there is often quite a lot of admin work involved in the work they have to do. As I say, I think they would expect to be paid for that.
On that point, I think sometimes Members of the House forget that we have consumer legislation with trading standards, which are able to challenge unreasonable charges and fees. Does my hon. Friend agree that rather than passing many more laws, we ought to get the current laws enforced?
Predictably, that is a very sensible point from my hon. Friend. As I was saying, the best solution to affordability of housing, whether rented or not, is to increase supply. That is happening in London, with 100,000 purpose-built affordable homes being built—5,000 for rent for each year across the two mayoral terms. However, we must not get into a situation where private landlords are in some way viewed as a necessary evil. The Opposition’s plans to flatten the market will simply mean it is less attractive to invest in property. Controlled rents in other capital cities point to how detrimental it can be for those seeking to rent. Properties are neglected and choice is limited. Waiting lists are long, and unrealistically high deposits can be needed simply to secure somewhere to live—I am thinking of places such as New York.
Until the 1960s, the private rented sector took care of a substantial part of housing need in this country. As I mentioned earlier, it was an important part of the mobility required to seek work wherever it could be found. Yes, there were bad landlords, and names like Rachman loom large in that regard, but slum landlords such as him could have been dealt with more effectively by law enforcement.
Instead, the Labour Governments of the ’60s decided to bear down on the private rental sector in general, starting a long decline in the number of private properties available to rent. I remember well coming down from university to London in the 1970s—I am showing my age here—and finding it quite difficult to get a room. I was not in a position to go on a waiting list for a council property and I certainly could not afford to buy my own. Since then, the private rental sector has picked up again, providing a great deal more flexibility. If Labour were to win power and put some of its proposals on the sector into practice, I greatly fear that we would again see a decline in the private rented sector, and less flexibility with fewer properties available.
It is all very well to talk about controlling the private rental sector with increased regulation, but if we find there are very few properties available to be rented out, because the landlords have been disincentivised, those who need a property will suffer. How can that possibly be of benefit to anyone?
I draw the House’s attention to my quarter share in a residential rental property, as recorded in the Register of Members’ Financial Interests.
We have had a wide-ranging and, at times, very moving debate today on a subject that is at the centre of family life for many households in the country. The unprecedented growth in the private rented sector over recent years takes us into new territory. The politicians and policy makers—and, I think, us collectively—need to update the regulations and the expectations that we have of this sector.
The most insecure sector is the private rented sector, and many tenants in it are among the lowest paid. They are without resources and often face the biggest challenges. In many areas, rents are still rising faster than our pay packets, with some industry estimates indicating that rents have risen more than 10% since 2010. In his well-researched speech, my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) spoke with real knowledge about the ruinous hikes and much greater than 10% rises in central London. As he rightly said, this is bad for tenants, bad for communities and bad for the key workers on which this city depends.
Almost 4 million households—around 9 million people—now live in the private rented sector, and the majority are let through an agent rather than directly through the landlord. My hon. Friends the Members for Nottingham South (Lilian Greenwood) and for Kingston upon Hull North (Diana Johnson) spoke with great knowledge of the problems caused for students by the letting agents in their areas. I listened with real interest to the action of the Hull student union to counter the difficulties caused by letting agencies and substandard landlords.
As we have heard throughout the debate, the problems associated with letting agents include rip-off fees, and we have heard of Shelter’s survey, which found that 94% of agents charge additional fees on top of rents and deposits—and additional fees can total over £700. That is why, given that the landlord is the client of the letting agent, we propose to ban fees charged to tenants. The lack of safeguards, including no right to a written contract or a guaranteed code of conduct, is another problem, while there is no proper accountability. Despite 8,000 complaints to the ombudsman about letting agents in 2012—50% higher than just four years ago—there have been very few prosecutions.
Perhaps the hon. Lady could answer the question posed earlier but not answered. In banning fees to tenants, what will Labour do to try to ensure that there are no increases in rent? After all, this can often happen at the beginning of a tenancy. Is Labour going to ban those fees, or not?
There is no evidence from Scotland that that has happened. I genuinely believe that people out there who are listening to this debate, many of whom will be experiencing these fees, will not understand the hon. Gentleman’s argument today.
Short-term tenancies are now the norm. Shelter’s mystery shopping of letting agents found that 29 out of 30 of them told landlords that they would offer the property on only a six or 12-month assured shorthold tenancy. As a result, 30% of private renters worry about their landlord or letting agent ending the contract before they are ready, and two-thirds would like to have the option to stay in their tenancy longer if they wanted to.
Living in uncertainty and being forced to move on regularly is not just a nuisance and expensive; it has other costs, too. Families are unable to settle or put down roots, and, as my hon. Friends the Members for Islington North (Jeremy Corbyn) and for Hyndburn (Graham Jones) reminded us, children often have to change schools a number of times or face long journeys and they lose any friends they make. They are rootless and their education faces massive disruption. These are the families who are not on doctors’ lists and not accessing preventive health care; it is members of these families who are turning up at A and E and being diagnosed with stage four cancers.
We have heard that families in the private rented sector are nine times more likely to move than those who live in other tenures—and often forcibly through eviction, as movingly described by my hon. Friend the Member for Hayes and Harlington (John McDonnell). That is why Labour has set out our proposals to legislate for longer-term tenancies. As my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) rightly said, Labour’s proposals to make longer-term tenancies the norm and to set a ceiling on rent increases would give families the support and the security they need to budget.