Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 Energy Bills Support Scheme and Energy Price Guarantee Pass-through Requirement (England and Wales and Scotland) Regulations 2022 Energy Bill Relief Scheme Pass-through Requirement (England and Wales and Scotland) Regulations 2022 Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Northern Ireland) Regulations 2022 Energy Bill Relief Scheme and Energy Price Guarantee Pass-through Requirement and Miscellaneous Amendments 2022

Oliver Heald Excerpts

Monday 21st November 2022 General Committees

[Kit Malthouse (North West Hampshire) (Con)]

I also want to raise a couple of issues about the technicalities of the scheme. I agree with my county colleague, the hon. Member for Southampton, Test, that the measures are important and need to be passed through as soon as possible. As somebody who has two sets of park homes in my constituency, I am particularly keen to see them benefit from the subsidies to protect them from an energy point of view.

I have a couple of questions for the Minister. These are quite complicated regulations when one ploughs through them—I tried this afternoon. I want to understand what the impact will likely be on individuals who are resident, for example, in a care home and for whom there is a service charge calculation as part of the bill levied on them for their residence in the care home. As I am sure my hon. Friend the Minister knows, in most care homes there are those who are paid for by the state and therefore protected by the state—to a certain extent their charges are supervised by the state—and those who are there on a private basis and might not have families or others who are close to the action and able to see the impact on their bills.

My other questions are about the technicalities. In providing the subsidy at this time to families up and down the land, the Government are recognising that timing matters. Having the money at the point when someone has to pay it out to their energy supplier matters because cash flow for many people is critical. Some of the regulations refer to timing, but the legislation is not as exacting as the obligation it places on what it calls intermediaries—landlords. The best it can come up with is

“as soon as reasonably practicable”.

My hon. Friend the Minister, who I know has a long track record in the property industry, knows that the timing of cash flow, particularly for large landlords such as park home owners, is critical, and it would be possible for them to string out the payment of the subsidies, after having received them themselves for some time, in order to gain a cash flow advantage. As he reviews the operation of the legislation will he consider an absolute requirement that, on receipt, the subsidy should be passed through at the very next billing opportunity, rather than being held for six or nine months? How soon is “reasonably practicable”? “I am terribly sorry, your honour. We were terribly overworked.”

[Sir Oliver Heald (North East Hertfordshire) (Con)]

It seems that in a case where the intermediary has received the money, interest is payable to the resident if it has not been paid over within 60 days. Does my right hon. Friend think that that is perhaps an indication of what a reasonable period is thought to be?

[Kit Malthouse]

It may well be, but, as I say, regulation 3, paragraph 2 in part 2, states that an intermediary

“must ensure that as soon as reasonably practicable after a scheme benefit has been provided”.

As interest rates rise, it would be perfectly possible for a landlord to say, “Do you know what? I’m getting 3% on my money, particularly as it is a large amount. My cost in holding it is only 2%. I have a bit of a carry there.” While my right hon. and learned Friend is right that the 60 days indicated in the legislation is “practicable”, that is quite a long time for somebody to shoulder an energy bill, particularly if there are quarterly billings, for example. It would therefore be possible for me to pay my bill in one quarter and not receive the subsidy until the following quarter, which is a three-month carry—or possibly more, if the timing is not right. Will the Minister comment on that timing?

The other issue I want to raise is about enforcement because, as the Opposition spokesman, the hon. Member for Southampton, Test, mentioned, enforcement is through the civil courts, which means the small claims court for most people. That carries a minimum charge of £35, takes time and creates delay. It would be perfectly possible for a landlord to say, “Well, I’ll tough it out. The subsidy is only 200 quid. My tenant has to shell out 35 quid and put in a submission to the small claims court. That will take a while to work its way through the system and then, at the last minute, I will agree to pay.” I do not understand why there is not an absolute liability enforceable on the landlord to pay, either by the local authority or others.

Finally, I want to raise the rather strange obligation on the intermediary to show that

“the pass-through it has effected…is just and reasonable, and in so doing it is entitled to take into account the extent to which its charges to end users reflect the increased cost of energy as a result of the energy crisis.”

We are all aware that lots is going on in the world of energy and that prices have risen. If an elderly resident of a park home has that in their mind, to the extent that they have been assiduous about their consumption of energy—they have turned their heating off and tried to drive down their bill as much as possible—it is conceivable that their energy costs this year could be lower than last year. If they had not read the newspapers or did not know about this legislation, it would not necessarily be clear that they would be entitled to a subsidy, notwith-standing that the cost of the energy they had used this year was lower in terms of the cost to the landlord than it was last year.

I am not a lawyer, although there are eminent lawyers in the room, but in those circumstances would the landlord be able to say, “Last year, tenant, you were paying 400 quid; this year, because you have been parsimonious, you are only paying 300 quid. Therefore, you are better off so I will pocket your subsidy.” I would be grateful if the Minister could address those questions.

[Sir Oliver Heald]

I will not be venturing any legal opinion, but I understand that the three national associations of park home residents already provide a certain amount of legal help and advice to residents and residents’ associations. Have the Minister and his colleagues had the opportunity to be in touch with such associations, with the idea of ensuring that park home residents are aware of their rights under these regulations and that they would be able to take action in the county court—maybe even by producing a simple form to report claims, so that that can be done easily?

[Kit Malthouse]

I understand the point made by my right hon. and learned Friend and I agree with him. However, anything that goes to court, as he will know because he has made a profession of it, is arguable. Obviously, the legislation is drawn to make it arguable; I do not understand why there is not an absolute liability.

[Sir Oliver Heald]

I fully understand my right hon. Friend’s point. The problem with this area is the Mobile Homes Act 1983. There have always been criticisms of the relationships involved in park homes, as it is not the same as home ownership or being a tenant. Having said that, the legislation is an attempt to do something in this difficult area to try to ensure that park home residents get their help with energy costs; I wish the regulations well and I would not want to stop them happening. Is there a way of helping some of the residents with the legislation? My right hon. Friend’s point that many of them are vulnerable and elderly is true.