Renters (Reform) Bill (Seventh sitting)

Mike Amesbury Excerpts

Committee stage
Thursday 23rd November 2023 Public Bill Committees

[Mike Amesbury (Weaver Vale) (Lab)]

I will be brief. The proposed definition is, of course, far too broad and our concern on the Opposition Benches is that it could potentially give the green light to that minority of unscrupulous landlords, giving them an opportunity to evict tenants with very little evidence indeed, and within quite a draconian timeframe; I think that my hon. Friend the Member for Greenwich and Woolwich, who is on the Labour Front Bench, referred to two weeks, which is quite remarkable.

Of course, there is no clear definition, so I will be interested to hear the Minister’s response. Surely there will be a definition and surely the Secretary of State will outline guidance on what constitutes nuisance and “capable of causing” nuisance or “anti-social behaviour”. Probably every one of us in this room—I speak respectfully, Chair—is “capable”, from time to time, of causing a nuisance. I mean, is it a nuisance if a toddler is running up and down in an upstairs flat or playing with their toys?

My hon. Friend the Member for Westminster North referred to children with autism. I am quite confident that we all know people and families with autism who we have tried to help and we know the complexities of that disability for the child and their family. That could constitute a nuisance and be considered by some people as “anti-social behaviour”, according to the definition in the Bill. Perhaps when a former Prime Minister has a row with their partners—it is quite well-documented that it did upset the neighbours—then, according to the definition, that could constitute a nuisance or “anti-social behaviour”.

I declare an interest as chair of the all-party parliamentary group on antisocial behaviour. I am incredibly keen— as I know quite a number of us are, on a cross-party basis—on strengthening the law and making sure that people live peaceful and fulfilling lives. But it has got to be good law and this is not good law.

I look forward to hearing the Minister’s response, which I hope will outline quite clearly today—of course, when we change the law, it must be evidence-based—what constitutes something “capable of causing” a nuisance and “anti-social behaviour”, according to the definition.

[The Chair]

Thank you, Mr Amesbury. As 50% of a pair of terrible twins, I recognise the analogy.

--- Later in debate ---

[Jacob Young]

As we have already heard a number of times in this debate, it is important that the courts have that flexibility to make that discretionary judgment on this issue, and I think that they would consider all manner of things when deciding on that.

The working group will help to ensure that the reforms are implemented effectively and that guidance is clear and thorough. We intend to use the guidance to highlight the important links to domestic abuse, mental health and other vulnerabilities. That is the aim of new clause 55, and I hope that addresses some Members’ concerns.

[Mike Amesbury]

But if the guidance is not mandatory for the courts, what is the point?

[Jacob Young]

With respect to the hon. Gentleman’s question, he mentioned whether a victim of domestic abuse would fall short of these grounds. I would say to him that that is exactly what a judge is there to determine—whether it is reasonable to grant possession to the landlord in those circumstances. I think that I have addressed that in my remarks. I hope that this provides some reassurance and that hon. Members will withdraw their amendments.

To further bolster landlords’ confidence in being able to regain their properties in cases of antisocial behaviour, Government new clause 1 expands the matters a judge must consider, as I outlined previously, when making a discretionary antisocial behaviour eviction. It ensures that the court must also consider specific issues that have been of concern to the sector. First, the new clause asks judges to give regard to whether the perpetrator has engaged with measures to resolve their antisocial behaviour, making it easier for landlords to evict non-compliant tenants.