Renters' Rights Bill (First sitting)

Debate between Matthew Pennycook and Harpreet Uppal

Committee stage
Tuesday 22nd October 2024 Public Bill Committees

[Matthew Pennycook]

Q Richard, thank you for your time this morning. I have put it to other witnesses that, in general, the potential of the database and the ombudsman to make a real difference as part of the new system is often underplayed and I do not think it gets enough attention. You rightly made the point that there is a spectrum between “must” and “could”, but the intention is very clear, on the tenant side, to provide access to services to deal with complaints, and there is potential on the landlord side around landlord-initiated mediation and the role the ombudsman could play there. Can you give us your best sense of how much the new PRS ombudsman could alleviate pressures on other parts of the system, including the courts?

I have a follow-up question; I will ask them in one go, Mr Betts, and leave more time for others. We have been very clear already that the new ombudsman will need to work collaboratively with others to resolve complaints and that will be set out in statutory guidance. What do you think needs to be included in that guidance to ensure, in particular, that the ombudsman is working effectively with local authorities?

Richard Blakeway: Those are really important questions. The Bill introduces a new framework of rights and responsibilities for both landlords and tenants and, as you set out, the ombudsman service—whoever is appointed as the ombudsman—plays a part in that. I would say as an aside very early on that I welcome the Government’s recognition of the strategic benefits of bringing together the social rented sector and the private rented sector, particularly given the common body of existing and new legislation that is tenure blind and speaks to both the private and rented sector, whether that is the existing Landlord and Tenant Act or the potential to extend Awaab’s law and the decent homes standard. I think there is a real benefit to system coherence and the right relationships, as you highlight, and also to making sure that benefits do not unintentionally fall in the wrong place, by appointing the housing ombudsman as the provider of redress.

I think there are three key relationships. There is the lead enforcement body, and working out the role of that body. In particular, looking at clause 109, information sharing between the ombudsman service and the lead enforcement body will be vital, so codifying that role will be important.

There is the tribunal, which we have alluded to. One of the really important pieces of work is to develop, very early on—I would have thought in advance of any statutory instruments—a draft scheme for the ombudsman service, and to collaborate with a number of bodies, including the courts, on what is in the scheme and therefore the decisions that the ombudsman might take, and what is outside it and clearly rests with the courts. I have given the example of section 13. The ombudsman could potentially play a role in looking at aspects of section 13, which might relieve pressure on the courts.

There is then the relationship with local authorities and enforcement. On the database itself, I think there has to be a decision about who owns the database and is going to provide it—whether it sits with the Department or the lead enforcement agency, for example—and the pace at which it could be developed to support the introduction of the redress service.

One of the other areas to consider, where there may be a pressure that emerges in the system—a pressure that I think the legislation recognises but could go further to address and relieve—is enforcement. The Government have rightly indicated that there is concern around compliance with ombudsman remedies. There was a survey in, I think, 2018 that showed 46% of private landlords not complying. At the moment, the Bill includes a kind of last resort to try to enforce compliance, which would be introduced later through statutory instruments. I wonder whether consideration should be given to bringing that forward, so that compliance issues are not having to be directed towards local authorities, and creating pressures there.

I also wonder whether the legislation could go further by, for example, amending clauses 66 and 96 to include rent repayment orders as part of non-compliance with ombudsman decisions. The Bill is rightly clear that if a landlord does not sign up to the ombudsman service then it could be subject to a rent repayment order, but it is silent on whether a landlord that is non-compliant with the ombudsman’s decisions should also be subject to a rent repayment order. I think that if you were to introduce that, that would strengthen compliance and reduce the need to direct things around the system to try to address them.

[Harpreet Uppal (Huddersfield) (Lab)]

Q I have a really quick question. I just want to get more information on how you see your role in terms of how you interface with the public, as you will potentially be taking on this additional role for private rented sector tenants. What more do we need to do to make sure that tenants are very clear about their rights and how they can access your service?

Richard Blakeway: That is a really important question. It is one thing having an ombudsman service; it is another people being aware of it and being able to access it. We have certainly been on a journey within our current jurisdiction to think about how we interface with the public and become more accessible to them, and we have obviously seen the benefits of that.

A number of initiatives have been required to bring about a change, but the Department has done a number of surveys of social tenants to understand awareness levels. Awareness is now at around 70% among social tenants, according to two surveys that were done in the last three years, compared with probably sub-50% previously. There is a playbook there, if you like, for how you create awareness of access to an ombudsman. We have sought to use our existing service and be very open and visible. For example, in the 2023-24 financial year, about 6,000 residents engaged in open forums that we hosted around the country where they could come along and ask any questions. That is really important.

I have two brief thoughts. First, the complaints process does not start with the ombudsman service; it starts with the landlord. A very important thing to do very early on is make sure that there is a robust framework to support landlords to handle and resolve complaints, but that includes signposting to an ombudsman service so that there is clear awareness at a local level. That work is really important to do in advance of any ombudsman service going live.

The second thing that I think is important is how you stitch the ombudsman service into other bodies and advice agencies—Shelter, Citizens Advice and so on—which, again, is something that we have at the moment. One of the benefits of having a single front door through the housing ombudsman for both social and private tenants is that you can effectively introduce no wrong door for people. Once a tenant reaches someone, to be told “Actually we can’t help you” and be sent somewhere else is probably the last thing they want, but that is what they hear currently. About one in five inquiries that we get from the public at the moment are from people who we cannot help because they are outside our jurisdiction. We could effectively provide a single front door and prevent that, building on the awareness activities that we have at the moment. Again, it is really important to introduce that early on. Were the housing ombudsman to be designated as the redress provider, that is something that I would want to be able to introduce through our existing inquiries service immediately, even in advance of us being able to handle cases, so that we could provide effective advice to residents so that they understand their rights and where to go.