Housing Development Planning: Water Companies

Mike Martin Excerpts

Wednesday 12th March 2025 Westminster Hall

[Helen Morgan]

I thank my hon. Friend for her intervention. Residents are genuinely concerned about the impact on their village or town when the rules clearly are not allowing for additional infrastructure to be built. It is reasonable for them to expect that infrastructure to be built. We would see far less nimbyism if people had confidence that the infrastructure will be there when new houses are built.

The point I am trying to make is that the section 104 process is not fit for purpose. It is ridiculous to require a financial bond. The point of that bond is to deal with exactly the situation where the sewerage network has been inadequately built and needs to be adopted. The bond is there to ensure that the water company brings that sewerage system up to standard, so that it can be adopted.

[Mike Martin (Tunbridge Wells) (LD)]

My hon. Friend has just said that a lot of sewerage is unadopted. Say it was built in the 1800s by public subscription and nobody has adopted it since. That allows water companies to shrug and say, “Search me, guv’” when there is a problem. Does she think that the Government should by statute or law require that all of these unadopted watercourses be adopted by a water company or the Environment Agency, so that when there is a problem there is someone we can point to and say, “This is your problem to solve”?

[Helen Morgan]

The problem of historical sewers is particularly difficult, because there is no immediate developer to put on the hook. We certainly need a mechanism for dealing with historical sewers. It is a complicated problem, because we certainly do not want sewage from inadequate systems to start going into the main system, and it is difficult to say the taxpayer should to have to pay for something that happened a long time ago. Nevertheless, we need a mechanism to deal with historical sewers; there is no doubt about that.

The homeowners in The Pines in Higher Heath are in a situation where the developer has refused to rectify the issues and Severn Trent has washed its hands of the matter by returning the bond. They have nowhere else to go. One resident told me:

“The whole system has failed us, from start to finish…we have layers upon layers of Water, Building, Planning, Council Regulations, Controlling Authorities and processes and procedures, all designed to protect the public and the environment. Yet, a pre-existing local drainage problem, a planning process and building supervision and approval all failed to pick up and address it, and then allowed ‘defective’ drains to be built, then a Developer and a Utility company agree among themselves to terminate the S104 and totally wash their hands of us/the people who pay the taxes that fund the system that is supposed to protect us/the people.”

We see there the root of the problem. People who rely on the regulatory system to protect them in their homes are being hopelessly let down by a system that provides no protection when the worst happens and push comes to shove. Clearly, the section 104 process is not fit for purpose. The conveyancing process, when solicitors are involved, never seems to detect this type of situation either. I have sympathy for the people affected. When the section 104 agreement and bond have been put in place, and people have found that through their search, they should be able to have reasonable confidence that the sewerage network will be completed as planned.

I have raised many times the situation of people living in The Brambles in Whitchurch, so I will not go into all the details again. People bought houses in that development, but the developer was a rogue developer, who collapsed the company as soon as the final house was occupied. The sewage pumping system was inadequate, and another property was illegally connected to it. Fourteen households had to spend £1 million between them to fix that situation. Those householders were the people left holding the management company when everything crashed down around them, and they were liable to fix that situation. That was totally unacceptable, as well.

Oral Answers to Questions

Mike Martin Excerpts

Monday 20th January 2025 Commons Chamber

[Jim McMahon]

It is important to say that any requests for local government reorganisation are proposed to Government by the local areas. It is for the Government to provide the process by which those applications are heard. Over at least the last four years, local authority elections have been postponed countless times to allow reorganisation to take place. To be clear, there is a bottom-up approach for both the postponement of elections and the boundaries that are drawn for the unitaries. Our job is to ensure that the process supports that approach.

[Mike Martin (Tunbridge Wells) (LD)]

I want to ask about the interaction between the planning reforms and devolution, which are two huge bits of legislation. In Tunbridge Wells we have a local plan, but we have been asked when we do our new local plan to have a 66% increase in houses. Except, we will not have a new local plan because Tunbridge Wells borough council will cease to exist—it will become part of the West Kent unitary authority. How will these two huge reforms interact and what will it mean for housing numbers in Tunbridge Wells?

[Jim McMahon]

In a sense, a council is only an organisation at a point in time, but there will always be a local authority responsible for the area. We want to ensure that the authority is strategic but also takes that wider view. Reorganisation is of course part of that, but, importantly, a strategic authority can also take wider responsibility for aligning public service reform with local growth. The hon. Gentleman talks about housing numbers and we can sometimes miss how important that is: housing targets are one thing, but we must not forget that for every one of those numbers there are people and families who currently do not have a safe and affordable place to live. This agenda is about tackling exactly that.

Local Government Reorganisation

Mike Martin Excerpts

Wednesday 15th January 2025 Commons Chamber

[Jim McMahon]

We tackled that head on in the White Paper, which said that, for efficiency, the minimum population will be 500,000, but was clear in the same paragraph that—this is where devolution goes hand in hand with reorganisation—there needs to be some flexibility for the reasons that the hon. Member set out. That is our firm commitment.

[Mike Martin (Tunbridge Wells) (LD)]

Kent county council has opted to go on the priority programme and cancel elections this May; I guess turkeys do not vote for Christmas. The timetable going forward is a little confused. We will have mayorals in 2027, unitaries in 2028, and then it stands up later on. Could the Minister give some more detail on that? If the process is stretched out like that, Conservative Kent county councillors will be in power for seven years. Judging by my inbox, the people of Kent are absolutely appalled by that. I would be grateful for more details.

[Jim McMahon]

From the Government’s point of view, acting in a legal, quasi-judicial way, we have to take such decisions on the value of the evidence and the proposals. It is not our job to get involved in the politics of whether the Liberal Democrats want to see the back of the Tories but the Tories want to avoid an election, or vice versa. It is our job to play with a straight bat, and look at the benefits of the proposals. Kent has applied, but we are going through the process of screening applications to ensure that they are realistic proposals for devolution and LGR that hold together. If they meet those criteria, we will support them. If they do not, we will not.

Renters’ Rights Bill

Mike Martin Excerpts

Tuesday 14th January 2025 Commons Chamber

[Adam Thompson (Erewash) (Lab)]

Stability for 11 million renters, and, indeed, for 2.3 million landlords, is necessary to build our better Britain. For the tenants enduring the least affordable, poorest quality housing, disregarded renters’ rights have had a profound impact on people’s lives. Britain deserves more than dodgy landlords, back-door evictions and dismal living standards. The British people deserve to feel secure in their own homes.

Some of my constituents are forced to live in terrible accommodation, facing damp and mould. This treatment is fundamentally unacceptable.

[Mike Martin (Tunbridge Wells) (LD)]

The Defence Committee’s recent report described service accommodation as “shocking”, saying that two thirds required massive investment to bring it up to standard and that damp and mould were legion. The hon. Gentleman talks of dodgy landlords—would he characterise the Ministry of Defence as one? Should we be bringing those homes up to the decent homes standard that everyone else in the country will benefit from if the Bill is passed?

[Adam Thompson]

In his opening remarks, the Minister addressed the fact that there are issues in the space, but they go beyond the scope of the Bill. We need to continue having these conversations as we move forward. The hon. Gentleman raises a very important point.

Conservative failure has led to more than 200,000 households with children being forced to live in privately rented damp and squalid homes. According to The Guardian, each year, 31,000 children aged four and under are admitted to hospital because of damp and mould-related issues. I strongly believe that this simply cannot be allowed to continue. Shelter has recently found that a quarter of renters are afraid to ask their landlords for basic repairs for fear of being evicted, and that 26,000 households are at risk of being made homeless from the no-fault evictions we have been discussing today. We need to change, and fast. The abolition of section 21 will end these no-fault evictions for good. This is a vital part of this legislation, which will ensure peace of mind for tenants in their own homes, to which they devote a sizeable portion of their income.

Pressure on local authorities to provide temporary accommodation has become totally unsustainable. Crisis estimates that £2.2 billion of council funds in England were spent on temporary accommodation for 120,000 households between 2023 and 2024—an increase from 85,000 in 2019. My good colleagues at Erewash borough council tell me that they spent three times more on alternative accommodation in 2024 than in 2019. These temporary measures are incredibly costly and ultimately untenable. With accommodation including bed and breakfasts and hotels, alternative housing is an inadequate long-term solution. The Bill will make an excellent start to save council taxpayers’ money and protect tenants’ welfare from unsuitable temporary accommodation.

The vital extension of Awaab’s law to include private rental properties will prevent unsafe living conditions, landlord discrimination and bidding on rental properties. Prospective tenants in the housing crisis simply cannot afford bidding wars aimed at pricing them out. Discrimination based on receipt of benefits and having children will be prevented, ensuring an inclusive and impartial rental market. Hazardous properties will require prompt and efficient landlord responses, and tenants will be protected from unjustifiable rent inflation. Today, while we have been debating the Bill, I have received a communication from a constituent whose rental price recently went up by 21%, which is disgusting. The measures are essential for the efficient operation of rental markets in the UK and for the protection of tenants’ rights.

The much-needed introduction of the decent homes standard will further empower tenants to leave poor-quality homes and provide better value housing for all. According to the English housing survey 2023, one in five privately rented homes is considered substandard. The enforcement of the decent homes standard will put an end to this appalling practice. With the introduction of a £7,000 penalty for non-compliance, landlords will finally be properly incentivised to maintain the necessary high standards that renters deserve. New legal protections will secure quick, impartial, binding resolutions to protect both renters and landlords. Given the new private rented sector landlord ombudsman and the strengthened council enforcement for which the Bill provides, tenants and adults will feel assured that their concerns are respected and will be handled with compassion and certainty.

The Bill will allow us to end backdoor evictions and extortionate rents designed to force renters out. Periodic tenancies ensuring that rent increases are made per the market rate, once a year, will protect renters from unreasonable increases and unexpected evictions. Access to a private rented sector database will help landlords to understand their legal obligations and demonstrate compliance with the new regulations. These measures will allow for certainty in the law for both landlords and tenants. I understand that landlords are concerned about investing and entering the market for fear of payment insecurity, but the current system is designed around uncertainty. The serious lack of clear legislation has caused decades of chaos for both landlords and tenants, with unsafe homes and unsuitable dispute resolution. A transparent and fair system is needed so that all parties can make informed decisions.

As for student accommodation, the changes proposed in the Bill are necessary for the protection of landlords and students alike. Students deserve security as much as everyone else in society. The assured continuance of annual short-term student tenancies will still provide certainty in respect of landlord income, with the ability to evict tenants at the end of the academic year and to increase rents for new tenants as required. According to the National Union of Students,

“the average student loan...leaves students with just 50p a week to live off after…rent”.

Despite those extortionate costs, cold, damp, unsuitable housing has become the norm in student accommodation. Students are at risk of being unable to pay for basic essentials, so it is vital that they are protected from living in poor conditions under unfair terms.

The Bill will extend vital safety and reassurance to thousands of people in Erewash. My constituents cannot continue to endure poor housing at the hands of inadequate renters’ legislation; they deserve security in their own homes. The Renters’ Rights Bill is our way forward, and I urge all Members to support it, as amended today by the Government.

Oral Answers to Questions

Mike Martin Excerpts

Monday 2nd December 2024 Commons Chamber

[Alex Norris]

Yes. High street rental auctions, which were launched at the weekend, are a brilliant way—[Interruption.] Indeed; they were part of the Levelling-up and Regeneration Act 2023, which I am sad to say the previous Government did not commence—as part of the war on woke, I believe. Nevertheless, we have commenced those auctions. They are a tool in the hands of local communities; if there are vacant properties, let us get them brought back into use.

[Mike Martin (Tunbridge Wells) (LD)]

I represent Tunbridge Wells, and just over the boundary in Wealden district, a large housing development is proposed. Wealden will get the houses, but the infrastructure burden will fall particularly on my constituents who live in Tunbridge Wells. Will the Secretary of State update me on the reforms to the NPPF? What is being done about this problem of cross-boundary infrastructure?

[Matthew Pennycook]

In the NPPF, we set out the clear direction of travel towards the universal coverage of strategic planning across the whole of England. We had an Adjournment debate on that just last week. We are determined to put in place the mechanisms that will allow effective cross-boundary co-operation to ensure that the right infrastructure and housing growth takes place.

Renters’ Rights Bill

Mike Martin Excerpts

Wednesday 9th October 2024 Commons Chamber

[Mrs Badenoch]

I do not mean to be patronising, but it is quite difficult when there are very clear issues that have a precedent in Scotland. The question is not why I am being patronising; the question is why the Government are ignoring what has happened when these proposals have been tried in another part of the UK. That is a serious problem. All of us here want the best for children and to see tenants do well. It is very wrong of the hon. Gentleman to ascribe negative motivations when we are pointing out problems with legislation. We on the Opposition Benches are doing our job. We do not think the Bill will work.

[Mike Martin (Tunbridge Wells) (LD)]

On that point, will the right hon. Lady give way?

[Mrs Badenoch]

I would like to make some progress.

The Government are pressing ahead with measures that will cause gridlock in the justice system, which will create even more problems for tenants. The people the Government are trying to help will not be able to get a home in the first place—none of us want to see that. We have to do better.

[Mrs Badenoch]

I will give way first to the hon. Member for Tunbridge Wells (Mike Martin).

[Mike Martin]

I thank the right hon. Lady for giving way. Some 25% of Conservative MPs are landlords. Does that have any bearing on the Conservative party’s position on the Bill?

[Mrs Badenoch]

We need to focus on the contents of the Bill. If anyone has an issue with landlords in this House, it is Labour Members—I notice the hon. Member for Ilford South (Jas Athwal) ran away before the discussion about the Bill started. They should look at themselves, and the hon. Member for Tunbridge Wells had better check his fellow Members before asking that sort of question.

As I was saying, when the problems of protracted litigation in the courts are combined with the new, extended and highly convoluted notice requirements for recovering a property where the tenant has not paid the rent, a landlord whose tenant is in arrears will face many months of uncertainty and cost. Let me summarise in two words why the Bill will fail: unintended consequences. That is what we get when we start with policy rather than first principles.