Building Safety Bill (Fifteenth sitting)

Debate between Mike Amesbury and Rachel Hopkins

Tuesday 26th October 2021 Public Bill Committees

[Rachel Hopkins (Luton South) (Lab)]

It is a pleasure to speak under your chairship, Mr Dowd. I add my support for the new clause, for the reasons so well set out by my hon. Friend the Member for Brentford and Isleworth.

I believe that there needs to be an assessment of the mental health impact for all leaseholders. My hon. Friend spoke about the impact of the financial bills that many leaseholders face. I would like to add some points from the leaseholders I have spoken to in my constituency about their fear of bankruptcy and the pressure that is placing on them, particularly those who would lose their professional title. I have spoken to a teacher and a social worker, who in their day jobs are dealing with young children who are already in temporary accommodation, or are supporting the needs of the Afghan refugees who have been placed in Luton.

Those constituents are working incredibly hard, in incredibly important jobs, but they are struggling because they are fearful that if they cannot meet the costs of the bills that they might have to face, they will lose their professional titles, not be able to pay those bills, be made homeless and then fall on to the responsibility of Luton Council, which we already know is incredibly pressured when it comes to providing housing. Our council house waiting lists are huge, with people living in temporary accommodation for many years. I did not need to watch the “Dispatches” programme on television last night—these emails come into my office inbox every day.

Finally, there are also wider mental health issues for those living together as partners and considering whether to start a family, when they are living in a home that is not safe and when they have concerns about when they will be able to remedy that, given the lack of action from the Government. The new clause on the need for a mental health impact report is therefore hugely important, and not only for the benefit of the leaseholders.

[Mike Amesbury]

Yesterday, Sarah Corker highlighted the case of a leaseholder in a flat who was finally going through remediation after waiting for years. The flat was wrapped in plastic and there was very little wraparound mental health support. Does my hon. Friend agree that that should be within the scope of an assessment?

[Rachel Hopkins]

My hon. Friend makes an incredibly important point. I agree that we need to look at everything in the round and bring it into scope to understand the longer-term impacts of unsafe cladding, and the lack or slow progress of remediation, particularly on leaseholders.

I really feel for those who cannot start a family because of those deep concerns, and the pressure they experience because, as time ticks on, it becomes more difficult. I want to add my support for leaseholders who are struggling in those situations by supporting this incredibly important new clause.

Building Safety Bill (Fourteenth sitting)

Debate between Mike Amesbury and Rachel Hopkins

Thursday 21st October 2021 Public Bill Committees

[Mike Amesbury]

I thank my hon. Friend and not-far neighbour for that powerful intervention. Many scenarios were highlighted this summer by ITV, following a segment on the failings of a large housing provider, Clarion, which has, over years, failed to listen to what tenants said about collapsed ceilings, damp, mould, and rats. An investigation was opened, but just as the housing associations have ignored tenants, so did the social housing watchdog. In its investigation, it did not speak to a single resident on the estate in question. In its defence, I suppose, it is not in the social housing regulator’s remit to seek out residents’ views on the housing provider. That is absolutely crazy. We need to strengthen the legislation, and the amendment would certainly help with that.

[Rachel Hopkins (Luton South) (Lab)]

It is a pleasure to serve under your chairship, Mr Davies. In the health service, the patient’s voice is at the heart of everything. It is absolutely right that residents’ voices should be at the heart of housing issues.

[Mike Amesbury]

I thank my hon. Friend for her intervention, and for reiterating the point about residents’ voices. Clarion was cleared, despite the fact that hundreds of repairs took place once the television segment was aired, which demonstrates the depth of the issues that developed in homes. People from across the Committee and beyond have seen that programme. On Clarion’s board is a former Housing Minister, so it does have insight at a senior level.

Clearly, the amendment is only part of the reform needed to ensure that our social housing sector provides safe housing and listens to the needs of tenants. To reaffirm what the hon. Member for West Bromwich West said, tenants must be heard at all times, not just when issues develop to such an extent that tenants complain. There should be engagement over a period of time—and not just with, let us say, the usual suspects.

We have an opportunity to make a difference today. I urge the Government to strengthen the laws and support the amendment.

Building Safety Bill (Thirteenth sitting)

Debate between Mike Amesbury and Rachel Hopkins

Thursday 21st October 2021 Public Bill Committees

[Rachel Hopkins (Luton South) (Lab)]

The Minister raises a pertinent point for many leaseholders in my constituency relating to cases in which builders, companies or developers have folded since they built a building. Those companies may have been originally responsible for remediation costs. I seek reassurance from the Minister that the need in the guidance and any regulations to explore every avenue will cover subsequent builders who took on folded companies or the relevant buildings. Just because the landlord cannot find the original company, or the company no longer exists and so that avenue does not exist, that is not an excuse for bundling the costs on to leaseholders. Those concerns have been raised with me and we need reassurance. I hope we will get that in any regulations and guidance.

[Mike Amesbury]

I thank the Minister, and my hon. Friend the Member for Luton South for her contribution.

In principle, the clause seems to be a step forward, but in reality, it will hardwire into the Bill the injustice that thousands—indeed, millions—of people are familiar with: they are trapped in their properties, and the Bill will ensure that historical remediation falls on the shoulders of leaseholders. The Ministers and the Department have been in a difficult position because it looks as though the Treasury’s door has been closed to any further financial progress.

Building Safety Bill (Fourth sitting)

Debate between Mike Amesbury and Rachel Hopkins

Tuesday 14th September 2021 Public Bill Committees

[Mike Amesbury]

Q What is missing from the Bill?

Eric Leenders: Experts are probably better placed to consider the dimensions of the Bill, but I did mention the work that the MHCLG has done, which looks to support those who have been classified as cladding prisoners. I understand that in working through the detail of the support for those in properties of 11 to 18 metres, it was found that there could be some complexities in the security arrangements for any lending and the allocating of responsibility for any lending to a property or an individual or leaseholder and so on. The Bill could provide a platform for some of those technicalities to be worked through so that there is a sound legislative footing.

[Rachel Hopkins]

Q I have questions about whether the Bill provides adequate means of redress for residents who want to challenge elements of the building safety charge. Is the provision requiring payment of that charge within 28 days reasonable?

Eric Leenders: Yes, and I think there are also some protections for leaseholders where the amount of remediation exceeds £250. That is welcome. The 28 days is potentially challenging—I am thinking of the staff in our organisation paid on a monthly 31-day cycle—so there could be a little more time for individuals to pay. Salaried individuals in particular are predominantly likely to look in the Bill for support. Increasing that timeline might be helpful.

Building Safety Bill (Third sitting)

Debate between Mike Amesbury and Rachel Hopkins

Tuesday 14th September 2021 Public Bill Committees

[Mike Amesbury]

Q Councillor McCoy, in relation to building control and buildings below 18 metres, are there any changes you would like to see in the Bill?

Councillor McCoy: Yes, particularly in relation to the scope of buildings within the gateway scheme. At the moment, buildings that followed a permitted development are not covered by that, so we particularly want to make sure that all buildings are covered by the gateway process, otherwise a raft of buildings are out of that scope. It also needs to align with any future legislation: the planning reform White Paper contains some serious concerns for us, because it effectively puts swathes of large areas into permitted development and takes them out of the regime. The gateways have to apply to all buildings, or all new buildings.

[Rachel Hopkins (Luton South) (Lab)]

Q This question is directed more to Andrew, and it is about residents having the ability to challenge the building safety charge. Is the Bill adequate if they want to make such a challenge?

Andrew Bulmer: The building safety charge is problematic. The fact that payment can be demanded within only 28 days will make it difficult for a leaseholder to investigate and mount a challenge. You should not challenge until you have sought further understanding. Then, if you are not happy with the information that you have, you need to mount a challenge, but 28 days is not long, so there is a problem with that.

The building safety charge itself is a flawed concept and we would like to see it gone. Running a separate service charge regime means that there will be additional tasks, which means additional costs, and it will be the leaseholders that end up paying for that. Introducing a new regime also introduces a lawyers’ charter. The existing service charge regime is decades old. For many decades we have found ourselves testing the meaning of words in different circumstances, and much of service charge law is case law. If we introduce a new regime, we restart the clock.

Also, we have an existing service charge regime, which I know is not perfect—far from it—but health and safety matters will be included in that, so we will be in a situation where the resident will receive two different bills: the building safety charge for health and safety, fire safety and structural, and then another bill for a whole service charge, which will include other health and safety works, as well as any remediation that the building safety charge regime has brought up. The consumer will be nothing but confused while paying for a more expansive and complex regime. What I would prefer to see in the Bill is the existing service charge regime finessed in a way that brings more standardisation and clarity to the consumer about what the Bill includes.