Non-commissioned Exempt Accommodation

Matthew Pennycook Excerpts

Wednesday 23rd February 2022 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is an absolute pleasure to follow that powerful speech from my hon. Friend the Member for Birmingham, Yardley (Jess Phillips).

This has been an excellent debate, featuring a great many thoughtful and impassioned contributions, and I thank all the Members who have taken part in it. As would be expected, there have been points of contention throughout, but there is clearly agreement across the House that far too many people find themselves living in unsafe, poor-quality shared housing without the support that they need to get back on their feet and improve their lives, and that the beneficiaries of this arrangement are the unscrupulous providers who, by exploiting gaps in the existing regulatory regime, have extracted—and continue to extract—significant amounts of public money through the “exempt” provisions relating to housing benefit.

As we have heard today from Members in all parts of the House, those who are suffering so that rogue landlords of this kind can get rich are some of the most vulnerable people in our society: those fleeing domestic abuse, those who have served their time in prison and are trying to make a fresh start, those with severe mental health needs, those battling addiction and substance dependence, those leaving care, and those who have sought and secured asylum in our country and are starting the process of building a new life for themselves. The impact of poor-quality, non-commissioned exempt accommodation on vulnerable individuals like those can be devastating, whether it is the physical and mental consequences of living in squalid conditions, the risks that arise from the absence of effective supervision and safeguarding arrangements, the money gouged from hard-up residents through service charge costs that are ineligible for housing benefit purposes, or simply the inability to sustain an exempt accommodation tenancy, or to move on from one, because of a lack of care or support.

Sharp practice in this sector is causing real harm, and, as we have heard today, it is not only causing harm to the vulnerable individuals placed in this type of housing. Communities with large numbers of badly run exempt-accommodation properties are struggling to cope with the impact of concentrated numbers of people whose lives are, by definition, challenging and often chaotic, and who are not being given the supervision, care and support that they need in order to manage. Most gallingly, it is taxpayers who are subsiding this exploitative arrangement, and are thereby indirectly facilitating its social consequences. This is a situation that cries out for urgent reform, and the motion therefore seeks to ensure that the Government end the exploitation of vulnerable individuals at the hands of unscrupulous agencies, and at the taxpayer’s expense, as a matter of urgency.

I want to respond to a number of the points that have been raised in the debate, and to explain why we believe that a package of emergency measures is required to end this profiteering. Today we have heard numerous accounts of the detrimental impact of poorly managed, poor-quality non-commissioned exempt accommodation across the country. That attests to the scale of the problem, and to the fact that it is not an issue that affects only some cities and towns or only a select number of local authority areas. It is obvious that some parts of the country are more badly affected than others, and we have heard how and why cities such as Birmingham have become hotspots for poor practice in this sector, but it is a problem affecting every corner of the UK. Given the steady increase in the number of exempt tenancies over recent years, it is likely to become more widespread and more acute in the years to come if the Government fail to act quickly to stop rogue providers gaming the system.

Today’s debate has also made it clear that this is a complex problem to which there is no simple single solution, and the necessary first step to addressing it is that the Government accept that it cannot be tackled simply by incremental improvements at local level. Local discretion is of course vital, and there is no doubt that individual local authorities have been able, by their own efforts, through measures such as enhanced scrutiny of benefit claims or the use of voluntary codes of conduct, to reduce their reliance on the exempt accommodation sector and to drive up standards within it.

However, leaving this problem purely to councils, even with additional support, is not a solution, because it fails to address the fundamental causes of the problem. It is akin to asking the passengers of a ship holed beneath the waterline to do their best to bale the rising water out with their hands rather than seeking to repair the damage at source. Because it does not address the fundamental causes, any progress made in one local area will inevitably mean rogue providers simply pick up sticks and move to prey on another. If the Government are truly committed to bearing down on this problem wherever it arises, it must be a question of how, not if, they should intervene at national level to support the efforts already being undertaken by individual local authorities across the country.

We know what underlying factors have combined to drive the marked growth of this sector under successive Conservative-led Governments: a chronic shortage of genuinely affordable housing; reductions in funding for housing-related support; and new barriers to access for single adults requiring social rented or mainstream privately rented housing. If we are to stand any chance of reducing reliance on non-commissioned exempt accommodation over the long term, the Government must take meaningful action in those areas.

However, those individuals and communities that are already suffering at the hands of unscrupulous exempt accommodation providers do not have the luxury of time. They cannot wait for patient reform over many years to reduce overall dependence on the sector and limit the opportunities for rogue operators to take advantage of it. They cannot wait for the Government to get around to analysing the results of local pilots that finished long ago. They require Ministers to act now—in a considered way, yes, but at pace. I have to say that the lackadaisical tone adopted by the Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Walsall North (Eddie Hughes), in his response suggested that the Government had not yet properly taken this on board.

We must act at pace, and that is why the motion specifically calls for a package of emergency measures to bring an immediate end to sharp practice in the sector. There are two obvious ways in which the Government could act swiftly and decisively to achieve that outcome. The first is to introduce some form of licensing regime, including fit and proper person requirements for providers of exempt accommodation. Ultimately, it is the exempt provisions of housing benefit that enable and encourage rogue providers to enter the sector and exploit vulnerable individuals at the taxpayer’s expense. There is therefore an overwhelming case for better regulating the eligibility for, and therefore access to, exempt benefit claims, to ensure that high-quality supported housing providers are the norm. Just as care home providers need to register with the Care Quality Commission and be subject to regular inspection, an effective licensing regime would see exempt accommodation landlords screened and monitored so that new unscrupulous providers were denied access to the system and the existing ones were progressively weeded out.

The second change would be to introduce a robust framework of national standards for the sector while ensuring that councils had access to the resources necessary to tailor that framework to local circumstances and enforce standards on the ground. At present, what qualifies as the more-than-minimal care, support or supervision to be provided by an exempt accommodation landlord is incredibly vague. As a result, local authorities are unable to judge effectively whether claims are valid and eligible. The reforms proposed in the social housing White Paper should make a difference to exempt homes that fall within that category, and we urge the Government to bring forward the legislation to enact them as soon as possible. Even if those proposals lead to an improvement, however, they do not cover all kinds of exempt housing, as the Minister well knows. Anyone who examines how rogue exempted accommodation providers are taking advantage of existing regulatory loopholes cannot but conclude that we need a new regulatory regime to drive up standards for supported housing across the board and to give all local authorities the tools they would need to make the regime work in their area.

These are only the two most obvious changes that are needed if we are to begin effectively bearing down on the problem that the House has debated today. Many other smaller changes are required to bring this scandal to an end. The motion deliberately avoids setting out an extensive shopping list of specific proposals, leaving it open to this House to debate at greater length, on another occasion, precisely what would be included in the kind of emergency package that the motion calls for in principle.

What is important today is that Ministers accept that the current state of affairs must be brought to an end, that what is required is for this House to enact urgent and fundamental reform at a national level, and that they must commit to bringing forward an emergency package of measures to that end. Anything less is tantamount to accepting that some of the most vulnerable people in our society are not worthy of immediate protection, that unscrupulous operators can continue to exploit them for financial gain and that taxpayers will continue to pick up the bill.