Tenancies (Reform) Bill
Debate between Matthew Offord and Stephen Gilbert
Stephen Gilbert (St Austell and Newquay) (LD)
It is a pleasure to join so many colleagues from so many different parts of the country in this very important debate. I hope to be among so many colleagues from all parts of the House who seek to right a wrong and address injustice. All of us have constituencies to serve, often in far flung parts of the country—were it not for this debate, I would be attending the opening of the refurbished Treverbyn town hall, and I wish my constituents well in that—proving the point made by the hon. Member for Erith and Thamesmead (Teresa Pearce) that this problem affects not only London and metropolitan areas, but constituencies such as mine and more rural parts of our country.
This matter is not just an urban phenomenon. It is often a lazy assumption that private renting is just a city-based phenomenon, but there are more than 18,000 private renters in my constituency. That is the same number of people who live in St Austell, one of the largest towns in my constituency. As hon. Members know, conditions in the private rented sector can be poor. I have had constituents in my surgery in tears because of problems with damp, boilers and hazard notices being served on their property, and, as the hon. Lady said, a lack of legal clout to redress the power balance between tenant and landlord. I am keen to congratulate my hon. Friend the Member for Brent Central (Sarah Teather) on introducing the Bill, because it provides us with the opportunity to debate and address the power imbalance at the heart of the relationship between tenant and landlord.
The private rented sector has expanded dramatically in the past 30 years. There are now 9 million private renters in England, but, as hon. Members have said, legislation has not moved with the times. Demand far outstrips supply, reducing the power of consumers, the renters, and leaving them vulnerable to the malpractice that exists in the industry. Hon. Members have been clear that it is the malpractice of a minority of landlords, but to ensure good standards for everybody we need to address malpractice where we find it. We must also congratulate landlords who respond well to the needs of their tenants, and treat them in a fair and equitable way.
We have ourselves partly to blame: we have been slow to react to the increase in the private rented sector and the problems that have come with it. As my hon. Friend said, more than 200,000 people have been either evicted or served with eviction notices in the past year alone. That is a considerable number. I am sure we have all had tenants with legitimate complaints about their homes coming to see us in our surgeries over many years. The Bill is timely.
As I said to my hon. Friend in an intervention, the Bill is also proportionate. If we consider how tenants are protected in other areas, we see similar levels of protection to those proposed in the Bill. If a landlord withholds a deposit, tenants cannot be issued with a section 21 notice for six months. That is logical and fair. If a landlord has failed to license a property properly, tenants cannot be issued with a section 21 notice for six months. That, too, is logical and fair. The same should be true when tenants make legitimate complaints regarding the failure of landlords to carry out repairs they are legally expected to carry out. Tenants should not receive a section 21 notice for six months—logical, fair, proportionate and exactly what the Bill proposes.
I congratulate my hon. Friend the Member for Wells (Tessa Munt), who is not in her place at the moment, on securing a motion on this issue at the Liberal Democrat party conference in October. More importantly, I congratulate those from all sides of the House on their support, across parties, for the Bill. Occasions when the House unites to address an injustice show Parliament at its best. I think we should see more of that and less of the partisanship we are sometimes prone to in this place.
Stephen Gilbert
Well, we can look forward it. [Laughter.]
Rogue landlords should not be able to deprive tenants of the fundamental right to enjoy their property in the way we all hope to enjoy the place we live in. However, we should also remember that section 21 notices are not the only possession rights that landlords have; they will retain their section 8 rights as well, meaning that tenants who break their agreement with the landlord—through antisocial behaviour, for example—could still be legitimately evicted. This would instil balance and fairness in the relationship. Good tenants and good landlords would be protected, and landlords who have problems with rogue tenants would still have legal redress.
Landlords would also benefit from the local authority’s ability to be an independent judge of legitimate complaints. Colleagues will be perhaps too familiar with improvement and hazard notices. I have come across them many times in my casework, so I am sure others have as well. These notices would act as a fail-safe in respect of perhaps the biggest concern landlords have: whether people can make spurious claims to stay in a property. By ensuring that complaints are verified by the local authority, good landlords will be protected.