Renters’ Rights Bill

Rebecca Smith Excerpts

Tuesday 14th January 2025 Commons Chamber

[Florence Eshalomi]

As a fellow London MP, the right hon. Member will see what I see in my inbox, with many tenants facing that threat on an almost daily basis. They are the same tenants who come to our advice surgeries and are turned away from overstretched council departments, and who cannot apply to social housing waiting lists because those lists are already full. It is important that we get guarantees and protections for those tenants as outlined in the Bill, and hopefully help my constituents and his, and people up and down the country.

This situation cannot be allowed to continue. I am proud that the Bill will be strengthened by some of the welcome amendments that Members have tabled. I extend my support to new clause 3, tabled by my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel), on limiting rent payable in advance. That is a big issue in my constituency of Vauxhall and Camberwell Green, and I have spoken to many tenants who are being asked to stump up six to 12 months’ rent in advance. That leaves many people priced out of the rental market, ending in a race to the bottom where landlords can charge more and more for less in return.

How can someone finally find a place that they want to call home, only to be told that they need to pay out thousands upon thousands of pounds up front? In some cases, because of the rents charged in my constituency, and many others, the money that people are asked to stump up in advance would amount to a deposit if they took it to purchase a home in another part of the country. We are talking in excess of £30,000 if someone is asked to stump up, with an average rent of £2,500 per calendar month in my constituency. The result is that those who do not have significant savings or family wealth end up needing to borrow money just to have somewhere to live. That cycle of exploitation is pushing thousands of people into debt, impacting them for the rest of their lives.

Research from StepChange shows that one in six private renters are relying on credit to make ends meet. Something must change, because the system is broken. We must lower immediate financial pressures on tenants and make private renting fairer for everyone. That is why I welcome the amendments tabled by the Secretary of State, and I urge the House to support measures that will reduce up-front costs for all renters.

My constituency is home to thousands of university students from great universities across London. Students often have the most insecure housing, because landlords know that they can charge a new group higher rents every year. I therefore welcome measures that restrict the time that a landlord can agree a new tenancy, prior to the end of the current tenancy in student housing. Many of us will remember the time when we went to university and looked for accommodation. We signed up to live with friends or someone we knew—perhaps by Christmas we had all fallen out, and there was that frantic search when someone left the property and we had to find a new flatmate. Many social media posts are put on SpareRoom.com or Facebook, and university students need time to bed into their new accommodation. The new clause will help to give students that breathing space, and avoid the problems they face as a result of early sign-up accommodation.

New clause 10 addresses a vital issue, and I pay tribute to my constituency neighbour, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), for tabling it and for her tireless campaigning. The death of a loved one is a difficult and challenging time for anybody, and the one thing people need is the time and space to grieve. Under current rules, guarantors can end up facing a huge bill for the remainder of their loved one’s rent. None of us would want to be placed in that situation. It is right that the Government have acted to prevent guarantors from being faced with that unacceptable scenario, and I urge the House to support the new clause.

I also wish briefly to touch on some other amendments, which I hope the Government will consider during the Bill’s passage in the other place. Although the Bill introduces a rent tribunal for unfair rent rises, there is concern from groups such as the Renters Reform Coalition that measures in the Bill do not go far enough to prevent landlords from evicting a tenant under the guise of a large rent increase. I am particularly concerned that market rent may not be an appropriate benchmark when market data is poor. Renters at the bottom end of the market could end up being told that an unaffordable rent rise is acceptable under this system. We need guarantees that the use of a tribunal will resolve that, and that it is available and accessible to tenants.

In Scotland, only a handful of rent increase cases a year go through the tribunal system to the rent officer, and it would severely undermine the Bill if tenants who were being exploited did not take up the option available to them. I would be grateful if the Minister could explain how the Government will encourage the take-up of such a provision, and whether he will support the alternative measures and safeguards in the Bill, such as amendment 9, tabled by my hon. Friend the Member for Liverpool Wavertree (Paula Barker).

Finally, a number of amendments have touched on the vital issue of home adaptations in the private rental sector. It is not fair that disabled tenants end up with reduced access to their own homes. The Government are rightly looking at making it easier for disabled people to thrive in the workplace, but what is the point of someone thriving if they do not even have an adequate home or housing?

We cannot expect someone to go out and work and contribute to the economy if they have not had a good night’s sleep. Can any of us imagine being unable to have a shower in our own flat because the landlord refuses to make the necessary adaptations, or trying to cook in a kitchen when we cannot even reach the worktops? None of us would want to live in such conditions, yet that is the reality for many disabled people in the private rented sector in 2025 in the UK. People face such issues on a daily basis, with more challenges and blockages when trying to get private landlords to address them.

I urge the Government to ensure that disabled people do not face a private rented sector that is far too often completely inaccessible to them. I look forward to the Government responding to the report by my Committee’s predecessor on disabled people in the housing sector. The House must continue to look at how we fight for a rental sector that works for everyone, regardless of their background.

[Rebecca Smith (South West Devon) (Con)]

I was privileged to serve on the Bill Committee, and it is good to see many fellow members of the Committee in the House this afternoon. Before I start, I wish to pay tribute to the many excellent landlords across our country. The Bill has been designed to tackle the worst offenders, but it is worth putting on the record that thousands upon thousands of landlords do a good job of providing long-term accommodation for many people in the private rented sector. On Second Reading and in Committee we spoke about the unintended consequences that exist in the Bill, some of which still remain—that was alluded to by my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds).

[Rebecca Paul (Reigate) (Con)]

My hon. Friend raises an important point about unintended consequences. Does she agree that it is important we consider our key workers, such as NHS staff and police, who rely on accommodation tied to their employment? With the abolition of assured shorthold tenancies, it is important to ensure that provisions are there to support such tenancies, so that they can continue and we can retain and attract much-needed police officers and NHS staff.

[Rebecca Smith]

I absolutely agree with my hon. Friend, and that is a perfect example of one of the unintended consequences that I do not believe have been put in deliberately but are something that we might see as a result of the Bill. Other issues include accidental landlords—those who did not intend to be landlords and are not large portfolio holders—and small landlords, and we have already heard from my hon. Friend the Member for Ruislip, Northwood and Pinner about the challenge they face regarding economic drivers and the risk of the market shrinking. We talked a lot about that on Second Reading, but ultimately landlords are leaving the market, and if there are fewer homes for people to rent, we are in a worse situation.

I support new clause 20, which stands in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner. I believe a review of the Bill’s impact on the housing market after a year is important to ensure that we make it even better than it already is, and to address those unintended consequences. We can all agree that is important, given the challenges we have already heard about regarding the long housing waiting lists and the homelessness rife across our country. It is also important to listen to landlords.

In particular, I draw attention to some of the reasons why new clause 20 is so important. Plymouth Access to Housing, known as PATH, is a key player in tackling homelessness in my constituency, and it works especially with those who are harder to place into accommodation. It has rightly said that it supports the Bill in principle—as we have heard, the Opposition support large parts of it too—but in a buoyant private rental market. It is concerned that it is not buoyant, so there is already a challenge. That is why a review would be important. PATH also says that it has received funding in the past to support landlords to stay in the private rented sector. What plans does the Minister have, perhaps outside of this Bill, to ensure that such organisations, in which some Members present today have worked, might be able to mitigate the impact of some of those future challenges?

The South West Landlords Association, which I have mentioned, would benefit from new clause 20, because it would allow for an assessment of a provision that essentially amounts to a doubling of the amount of rent arrears that can be accrued and of the notice required for possession before a landlord can get somebody out of their property. Landlords are particularly concerned about that, for the financial reasons we have already set out. If they have to wait for three months of arrears and then another month’s notice before they can remove someone from their property when they have not been paying rent, that has a massive impact on small landlords, and on those accidental landlords in particular—that is nearly half a year of income they would lose. Ultimately, it is the luck of the draw. We do not know in advance how good tenants will be. If someone has an excellent tenant, it is not a problem, but with a bad tenant it is not so good.

[Graham Stuart (Beverley and Holderness) (Con)]

My hon. Friend is making a powerful speech. Does she agree that, fundamentally, the only way to secure the rights of tenants is to ensure the buoyant rental market that she is talking about, where landlords want to enter and invest in it? They are then competing for tenants in the market, which is the biggest and most powerful force of all. That will drive decent behaviour towards tenants, and without that, landlords cannot gain and retain tenants.

[Rebecca Smith]

I appreciate the point that my right hon. Friend makes. I agree that the market is important, but I also appreciate that there are some whom the market has failed. We have to find a situation where those who are not looked after by their landlords can receive support, but, as I have already said, my concern is that the Bill goes too far in the opposite direction.

[Graham Stuart]

With the freedom of being on the Back Benches, I can say that the last Conservative Government got this wrong. When they stopped landlords being able to offset the interest payments on the mortgage for that commercial asset against their income, it was one step among many that reduced the number of landlords coming into the market. Each step along the way, instead of seeking to strengthen the market, successive Governments—Conservative then, and the process is bound to be completed by Labour now—moved against landlords to make it a less and less investable asset. Ultimately, those who lose out most are tenants.

[Rebecca Smith]

I agree with my right hon. Friend that ultimately tenants are at risk of losing out if there are no properties left in the market. That leads me on to my next point and one of the other reasons why an assessment would be useful in the light of new clause 20. We heard in Committee that rural landlords are particularly concerned. According to the Country Land and Business Association, 44% of landlords are planning to sell in the next two years, and only 21% are planning to build new properties. When 90% of those planning to leave cite reforms to the private rented sector as a reason, we need an opportunity to reflect and to see the impact assessment.

Having set out some of my reasons for supporting new clause 20, I will turn briefly to new clause 15, which has been mentioned many times already. I appreciate why it has been tabled in the tragic circumstances that have been laid out. In the light of some conversations we had in Committee, I am interested to see who is in scope to be considered family for the purposes of that guarantor system. The new clause lists

“child…grandchild…parent…grandparent…sibling…niece or nephew…aunt or uncle…or, a cousin”.

That is a wide but—I think we would all agree—highly realistic view of what family is. However, in schedule 1 to the Bill, a landlord can only evict an existing tenant to house a parent, grandparent, sibling, child or grandchild.

I raised this matter with the Minister in Committee, and I know that he thinks tenants’ rights would be inhibited if we extended the definition of family, but I find it puzzling that a wide extended family is justified in new clause 15, but not in the determination of who lives in a property under schedule 1. Often, those family members may be vulnerable themselves and need somewhere to live. It is a niche point, but for the Government to say that someone cannot house their niece or nephew—or, in the light of new clause 15, their aunt, uncle or cousin—feels like an overreach of the state. We are slightly testing ownership rights and restricting trust and freedom in society as a result.

Oral Answers to Questions

Rebecca Smith Excerpts

Monday 2nd December 2024 Commons Chamber

[Matthew Pennycook]

I thank my hon. Friend for her question. I am more than happy to sit down with her, or to join a call or meeting with leaseholders in her constituency, in order to discuss the Government’s plans to end the system in this Parliament. We fully appreciate the wish of leaseholders across the country for us to act with speed. As the ministerial statement sets out, we also have got to balance that with the need to get these reforms right. The serious and specific flaws that were left to us by the previous Government in the Leasehold and Freehold Reform Act 2024 are a warning about what happens when reform in this area is not done properly.

[Rebecca Smith (South West Devon) (Con)]

I welcome the Government’s commitment to continue our work to address issues with the current leasehold system. However, where we are building new towns, such as Sherford in my constituency, residents, like others in new builds, face council tax and service charges, with no likelihood of that changing. What plans does the Minister have to address the impact of service charges in new towns as part of leasehold reform?

[Matthew Pennycook]

I think the hon. Lady is referring to the pressures placed on residential freeholders as a result of some of the management estate charges that come through that route. There are provisions in the Leasehold and Freehold Reform Act to provide residential freeholders with additional protections, and we need to bring those measures into force. We also then need to look more widely at how we reduce the prevalence of private and mixed-tenure housing estates, which are the fundamental root of the problem.

Renters' Rights Bill (Fourth sitting)

Rebecca Smith Excerpts

Committee stage
Tuesday 29th October 2024 Public Bill Committees

[David Simmonds]

Clearly, there are a number of ways in which this issue may be addressed, and adding a third-party liability element to domestic insurance, contents insurance or building insurance would be one means of doing that. We know that the industry is likely to respond, as we have just heard from the Minister. I congratulate him on his choice of dog name; Clem sounds like the kind of animal that a future leader of the Labour party would like to have when profiled. Had the dog been called Jeremy or Karl, it might not have been quite as popular.

As we have just heard in some detail, the Government have been looking at this issue and engaging with the market to ensure that insurance providers understand the upcoming demand. I recognise the publicity that many pet and animal charities have brought to the issue, which I think will help to create a climate in which those businesses are more likely to bring forward these products. In the light of those points, and on the understanding that we are making serious progress on this matter, I am happy not to press amendment 55 to a vote.

[Rebecca Smith (South West Devon) (Con)]

I wonder—forgive me, because this is also my first Public Bill Committee—how this will work in a house in multiple occupation compared with a dwelling house, and who will have to have the insurance. If a HMO is operated on a joint-licence basis, who is responsible for the insurance and the indemnity that goes with it?

On another point, what safeguards are we putting in place to ensure that any noise issues arising from pet ownership can be tackled, and where does responsibility for that sit? I appreciate that, where someone owns their home or rents a home that allows them to have a pet, it is probably done through the local authority, but I am conscious, particularly in the HMO setting, of how we would mitigate against that and ensure that we do not end up in a situation where neighbours do not know who to approach to ensure that either the insurance or the antisocial behaviour is acted upon.

[Matthew Pennycook]

The hon. Lady rightly challenges us on some of the finer points of how the provisions will be implemented. If she is amenable, I will happily write to her with further detail on precisely how we see them working in particular circumstances. Her point on HMOs is well made, and I will take it away and come back to her as soon as I can.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clause 11 ordered to stand part of the Bill.

Clause 12

Duty of landlord and contractor to give statement of terms etc

--- Later in debate ---

[Matthew Pennycook]

I thank the shadow Minister for that thoughtful point. To be entirely open, it is not one that I have considered. I think it is a fair challenge, and I will go away and give some thought to how we can ensure that local authorities look at all breaches in the round and apply the same approach to each, rather than targeting the low-hanging fruit. To provide reassurance on the concern about good landlords being caught up in the process, I repeat that the process allows landlords to make representations to local housing authorities and the first-tier tribunal if they think that that has happened.

The other point, which we will debate in quite extensive detail, is that enforcement by local authorities is not the only means that the Bill provides of tackling rogue landlords and breaches. I draw the shadow Minister’s attention to the significant strengthening of rent repayment orders, which offers an alternative, tenant-led enforcement mechanism. As I think I said in my evidence to the Committee last week, across the country—in local authority terms, enforcement is a real postcode lottery—the most effective thing I have seen is where well-resourced and effective local authority enforcement is complemented by tenants taking action with rent repayment orders. When the two work in tandem, it can be of real benefit in driving bad landlords out of the sector. I will give further consideration to the shadow Minister’s specific, well-made point.

[Rebecca Smith]

I want to build on the point that my hon. Friend the Member for Ruislip, Northwood and Pinner has just made. It may not quite fit at this point in the consideration of the Bill, but it has come to mind while we have been talking about this. I am sure that we all have been contacted by a tenant and then found out that they are one of five or six tenants, all with the same rogue landlord. What can we do in the Bill to enable the trigger point for one tenancy to be used as an opportunity to explore other tenancies with the same landlord? I have dealt with such a case, where I encountered a landlord with five or six tenants across a city, managing properties with appalling conditions and treatment of tenants. We do not want to have to repeat the exercise six times.

Is there anything in the Bill that would enable the local authority to see whether there are any other tenants in the same situation, or is that a bit too Big Brother—would it be pursuing it too far? The whole Bill is aimed at tackling rogue landlords. Are we slowing down that process by taking each property individually? Is there a mechanism whereby we could collect them all together?

[Matthew Pennycook]

If I have understood the hon. Lady correctly, and if she is amenable to it, I will fold this point into the written response that I have already promised her, but multiple fines can be levied for breaches. If a landlord in a particular part of the country with multiple properties is in repeated breach over that portfolio of properties, local authorities will be able to levy fines on more than one occasion, so it is not a £7,000 limit in the first instance, or £40,000 for more serious cases, per landlord. Again, I will expand on it in a written response, but I think the database can do some work here in terms of landlords in a particular area registering all their properties. I think it will become apparent quite quickly—it depends on how we use the database—if particular landlords show a pattern of behaviour whereby they are not treating their tenants appropriately. Let me come back to the hon. Lady in more detail as part of the response that I have already committed to.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clauses 16 to 18 ordered to stand part of the Bill.

Clause 19

Notices to quit by tenants under assured tenancies: timing

--- Later in debate ---

[Matthew Pennycook]

I thank the shadow Minister for that point; it is well made and well understood. As I will write to him on the subject of no recourse to public funds, I will ensure that that point is also covered in our correspondence.

[Rebecca Smith]

I have a point on which I would appreciate clarification. Increasingly, local authorities are purchasing properties to act as temporary accommodation because of a shortage of private rented accommodation. I am interested in whether it is within the scope of the Bill to look at how we would ensure that local authorities are not inadvertently caught up in the new legislation if, for example, they have bought 10 flats in a block to act specifically as temporary accommodation. If they put residents in it temporarily, are they inadvertently caught by the new legislation? Or will they be able to find somewhere else for the people to live, enable them to finish that tenancy and provide it for somebody else who might need temporary accommodation? It is a pretty niche example, but it is happening in my constituency. I am interested to see whether we have accidentally tied ourselves in knots.

[Matthew Pennycook]

That is a niche point—one of many we have had on some of the more technical clauses. That is not a concern that has been expressed to the Government in relation to this clause or other aspects of the Bill, but I will commit to go away and deal with that set of issues relating to temporary accommodation and no recourse to public funds in the round. I will give Committee members a full and detailed answer on each of the points that have been raised.

Question put and agreed to.

Clause 30 accordingly ordered to stand part of the Bill.

Clause 31 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Gen Kitchen.)

Oral Answers to Questions

Rebecca Smith Excerpts

Monday 28th October 2024 Commons Chamber

[Rushanara Ali]

My hon. Friend makes important points about the impact of the lack of these essential items through poverty, and I am happy to meet him and the End Furniture Poverty campaign.

[Rebecca Smith (South West Devon) (Con)]

Clearly, people need a home to be able to furnish it in the first place, so what action is being taken across Government to address the barriers that care-experienced young people face in accessing the private rented sector, including through guarantor and deposit schemes?

[Rushanara Ali]

As the hon. Member will be aware, we have a plan to tackle homelessness and rough sleeping, and the Deputy Prime Minister is leading the ministerial taskforce on ending homelessness. My colleagues have highlighted the work that we are doing to build 1.5 million homes. This is an absolute priority for us and I look forward to working with hon. Members on this issue.

Renters' Rights Bill (Second sitting)

Rebecca Smith Excerpts

Committee stage
Tuesday 22nd October 2024 Public Bill Committees

[Rebecca Smith (South West Devon) (Con)]

Q I am interested in the experience you have on regeneration. Social housing ends up with quite a lot of funding going towards regeneration in a way that the private rented sector would not necessarily automatically qualify for, in my understanding. What do you think the provisions of the Bill would be on regeneration—[Interruption.] Oh, we have covered regeneration. I am interested specifically in enhancements that you might have in a social housing setting that would not automatically be available for private rented housing. Have you seen anything that the Bill might have an impact on in relation to that?

Anna Evans: Not through this research, sorry; no.

[Rebecca Smith]

That is fine; thank you.

[The Chair]

Thank you very much indeed for your evidence, and I hope the weather is good in Scotland.

Anna Evans: It is a beautiful day today.

Examination of Witness

Victoria Tolmie-Loverseed gave evidence.

--- Later in debate ---

[Connor Naismith (Crewe and Nantwich) (Lab)]

Q My question goes back to the decent homes standard, and the first part of the question is potentially more for Suzannah. What insights do you have into the impact of the application of the decent homes standard in the social rented sector and then, potentially, on everyone else? How do you see it translating across to the private sector, in terms of the impact on the standard of homes there?

Suzannah Young: We believe that everyone has the right to a warm, dry, safe, secure and affordable home, and social housing has a greater proportion of decent homes than housing of any other tenure. That could suggest that having a decent homes standard helps to bring up standards in housing. We also recognise that housing associations exist to fulfil a social purpose, and we are rightly held to a higher standard. We welcome the Government’s commitment to reviewing the decent homes standard. We are pleased to continue to work with the Ministry of Housing, Communities and Local Government as this develops.

In terms of some feedback for the private rented sector, we agree that it is important to have a clear, modern and meaningful standard that reflects what residents would expect a decent home to be. It is also important that all landlords should have a clear understanding of the condition of all their homes. In the social sector, we are doing work to develop a more consistent approach in that area, as part of our response to “The Better Social Housing Review”. It would need to be something that private landlords were able to do as well to bring up standards.

Specifically—this has been mentioned in terms of the private sector—it is important to recognise that the housing association sector faces multiple and competing pressures, with budgets that are already stretched. We would like to see investment in existing homes at the same time as development of the desperately needed new and affordable homes in the Government’s long-term housing strategy. I suggest that similar attention would be needed for the private sector.

Timothy Douglas: May I pick up on that point? That argument was used in Scotland on the Cost of Living (Tenant Protection) (Scotland) Act 2022. I gave evidence on that legislation two or three times to the Committee up there. In the end, the argument was that the cap was lifted for the social rented sector because it needs to plan for its investment. That is the crux, and it goes back to my previous points—there is no parity here with the incentives, the business planning and the costs that private landlords are facing. We have to have that parity. If the legislation is extending across, the funding needs to be the same. We have to have parity in the investment, the caps and everything else—that needs to be the same. We need that review into all the taxes and costs impacting private landlords, because, quite frankly, we are not getting legislation from either Government Department—the Treasury or MHCLG—that understands the investor appetite for the private rented sector. This legislation is not helping.

[Rebecca Smith]

Q This is a question mostly for Timothy. At the beginning of your contribution, you mentioned the unintended consequences we see from the Bill, and you gave the example of landlords departing the market. I know there is often the argument that they are still providing a home somewhere else if those properties get purchased. I am interested in the statistics you might have—representing both estate agents and landlords—on the impact on the housing market in full. How many properties stay in the private rented sector? Do they move from one landlord to another, or is that ultimately a property that is then lost permanently from the private rented sector?

Timothy Douglas: It is difficult to say. We know anecdotally that if you are in an agent branch and a landlord wants to sell, the branch would try to push that property towards a bigger landlord who could perhaps take it on before it goes on to the open market. We know that that happens in order to retain property. Anecdotally, we know that, because of legislative uncertainty and costs of legislation, as well as the cost of living, which has also hit landlords with their costs, landlords have left the sector—I gave the example of the agent in the west midlands previously. However, it is difficult to ascertain hard data across the board. That could be another recommendation to the Government: to come back with an annual review to Parliament on the state of the private rented sector.

Suzannah Young: May I come in on that?

[The Chair]

We are going to have to go on to the next question, because we are running short of time. I call Michael Wheeler, who has been waiting.

--- Later in debate ---

[Rebecca Smith]

Q My question slightly expands on what David said earlier about the burden on local authorities. The new building safety legislation, for example, was really good news, but it had an impact on the level of staffing available to carry out roles, because of the conflict with the private sector, which might offer people higher salaries. Do either or both of you think that there is a similar risk with this Bill? What could we be doing to ensure that we have the right lead-in time and adequate staffing? Is there an immediate solution that we could learn from that previous example?

Dr Henry Dawson: Councillor Hug, would you like to start?

Cllr Adam Hug: As much support as possible in training up the next generation of environmental health officers is essential. There is a whole raft of skills shortages across the housing sector that you touched upon. Obviously, we want to make sure that people are considering this line of work as a career they want to go into rather than leave. There is a pipeline problem in terms of people coming into environmental health as a workstream, but I do not think that should necessarily delay what we are doing with the Bill. Ultimately, it has been talked around for some time; we need to crack on and get it done. It is absolutely the case that getting that local funding piece is right. Then we can join up with skills and training by making sure that local authorities have a pathway to recruit people into their teams. It is about getting the funding piece right alongside the direction of travel.

Dr Henry Dawson: We face some barriers to bringing people into the profession. For example, we have some more sustainable sources of income with things like licensing legislation, where we can charge a fee; at the moment, my own research finds that only about half those schemes charge enough in fees to cover the full costs of management and enforcement. The Lawrence and Wilson review of selective licensing has shown that if we do not charge enough, it ends up reducing the exercise into a sort of glorified paperwork, so we have to charge enough to make it meaningful.

I would argue that staffing is probably one of the most fundamental issues when it comes to the effectiveness of the interventions proposed in the Bill. At the moment, the predominantly hand-to-mouth existence with local authorities, which we have had for quite a long time now, has been predicated on the fact that we are relying on the council tax payer to fund the enforcement of the private rented sector. That is quite peculiar compared with other industries such as building control or planning, which are able to levy up-front fees that do not have to go through a test of political will—which a lot of local authority managers have to navigate to try to predict what the market within their local political support will accept. It takes a lot out on the guesswork and acceptability side.

The ability to charge a fee also provides us with a sustainable and predictable source of income, and that has been lacking for a long time in local government. If you are never sure of whether you will have funding beyond one or possibly three years, with short-term pots of money that are provided often based on a competitive approach—it is about winning them—then you get a member of staff, but you have to train them once you have got them in. Being optimistic, we can train them through an apprenticeship scheme lasting a year to do just housing work, or if we are training them as an environmental health officer, it is three years for the traditional degree route or five years for an apprenticeship.

Having some form of ringfencing of the funding, which allows local authorities to dedicate resources to attract people into the profession, would be very helpful, as the report that I have pretty much every time I speak to a local authority about recruitment for my programme at the university is, “We don’t have the resources to send people to these events to raise awareness about the profession.” A lot of people are just not aware of what we do; once they find out, it is something that sells itself.

Fire and police are comparable bodies, and they tend to have much more success because they have the resources to devote to this. It comes down to sustainable and predictable funding. That allows us to train and retain, and attract new staff.

[Naushabah Khan (Gillingham and Rainham) (Lab)]

Q I have a question about the wider implications of the Bill and the impact on local authorities. For example, it would be helpful to understand whether you feel the abolishment of section 21 will have a wider implication, and how it might help to tackle some of the bigger homelessness challenges that local authorities are currently seeing—or whether it will have an impact at all.

Cllr Adam Hug: I think the provision will help; the whole point is that we are desperate for this. It has been talked about for a long time and as soon as it can be brought in to provide security in the market, it will be extremely helpful to help stabilise a lot of tenancies where there is still uncertainty. The quicker it can come in, the more helpful it will be.

The Bill will not be a magic bullet that will solve the homelessness problems that councils are facing. I pointed out earlier one of the small technical challenges: the duties that local government will be dealing with will be extended in time and go up, we think, from 56 days to 21 weeks on average under the prevention duty. That is a small price to pay, but ultimately, we would like some help paying for that price.

In terms of stability in the private rented sector, this measure is long overdue and will hopefully take some heat out of the sector, but there are all sorts of things going on that mean that it is going to take a long time to turn around the wider issues of local government finance for temporary accommodation, because that is one of the biggest pressures; there are so many councils at the moment that are working hard to procure as much temporary accommodation as possible.

--- Later in debate ---

[Michael Wheeler]

Q I am sure the Minister will agree that we have heard some illuminating evidence today from excellent panellists. I am wondering what he sees as the key takeaways for the Bill.

Matthew Pennycook: I welcome that question; it is an open one, and I will have to think on my feet in my response. I think a number of the debates will run through the Bill. Supply is one of those. I am clear that we do not want an exodus of landlords from the sector, but I have seen absolutely no evidence of that. It is a threat that has been bandied about for many years now, ever since the previous Government announced their intention to abolish section 21 no-fault notices.

The size of the private rented sector has doubled since the early 2000s. There has been an outflux of smaller landlords, particularly overgeared buy-to-let landlords, which is mainly a result of the section 24 tax changes that George Osborne introduced in 2015, explicitly to slow the growth of the private rented sector. So there has been an exit of certain types of landlord from the sector, but we have certainly not seen an exodus.

The feedback I have had from landlords over recent months and in the previous Parliament is that the most damaging thing for many was the uncertainty about whether reform was coming through in any form. That is why we felt we needed to act quickly. In general, good landlords have absolutely nothing to fear from the new system. We think it provides a framework in which they can continue to invest and operate.

Another point that has been prevalent in the debate is protections for renters against unreasonable within-tenancy rent hikes. In designing the Bill, I have been clear where we have overhauled and strengthened its provisions to strike that balance. We do not want to do anything that could potentially make things much more difficult for tenants, which is why the Government are not advocating rent controls in the Bill. The Scottish experience is instructive of what can happen as an unintended consequence, and we think there would be an impact on supply, quality and standards, as evidence around the world shows.

In many cases there is a judgment call on students and other possession grounds, and it is is a fine balance as to whether we have got it right in the Bill. But there are competing pressures and disincentives in a system—I am being incredibly candid with the Committee here—that has not been overhauled for 30 years. Lots of the speculation about how the tribunal will operate, and how many section 8 cases will go there, is in some ways all completely speculative. We have a sense of what we want to see and how to address the risks, but until the system is properly bedded in, I do not think anyone will know what we have to do in the design to ensure that we have the balance right and will not therefore see the tribunal overwhelmed.

We want to see more people to go to the tribunal. We want section 8 cases to go through the courts more efficiently. We absolutely concede the need for court improvements, and we are working closely with the MOJ on those—I have given some examples in response to the question about what we are taking forward. There is a balance that needs to be struck, and I think we struck the right balance in overhauling the Bill in the specific ways we have, while keeping—I gave the Conservative party the credit for this at the time—the sensible provisions that were in the previous Bill, which we think need to remain at the core of the legislation.

[Rebecca Smith]

Q I have a quick question. One of the things that came up with several witnesses was the issue of parity between privately rented social housing and housing associations, in particular with the increasing standards. That came through particularly strongly on the rural piece. Great things have been done to decarbonise social housing stock, which brings up standards. If such a measure is to be rolled out within three months of Royal Assent or whatever, will the Budget next week include any grounds or capacity in future funding for that parity, especially for those rural homes that are harder to upgrade, given their nature?

Matthew Pennycook: Specifically on rural housing, we have to think through how the decent homes standard will deal with particular challenges in certain types of stock in certain parts of the country. As a point of principle, what we will try to do in the decent homes standard consultation is to take a view on how that should apply across both sectors. Broadly, that is my instinct across the board.

It is the same with regards to the ombudsman. There is a strong case—our preferred option as things stand, although no final decision has been made—for the Housing Ombudsman Service to take on the role of the PRS ombudsman. There is a good case for a streamlined cross-tenure service. Broadly, we want the same standards to apply across the board.

Funding is another example of where there are things that the Bill touches on, but that are not within the scope of the Bill—the minimum energy efficiency standard, for example, has been mentioned a couple of times. That, however, is a Department for Energy Security and Net Zero consultation, which we launched this year. There is also a wider package around the warm homes plan, further details of which will come forward in due course, but that does not sit within my Department either. It is not necessarily part of the Bill, although decent homes will have to account for those changes, such as those on the MEES front.

[The Chair]

Thank you, Minister. That brings us to the end of the evidence session. I thank all Members for participating in what has been a very constructive exchange of views.

Ordered, That further consideration be now adjourned. —(Gen Kitchen.)

Renters’ Rights Bill

Rebecca Smith Excerpts

Wednesday 9th October 2024 Commons Chamber

[Rebecca Smith (South West Devon) (Con)]

I congratulate the hon. Member for Rushcliffe (James Naish) on his maiden speech. He may be the first triplet I have ever met, so he can add that to his list of firsts.

I speak recognising that we want, understandably, to keep tenants safe and to ensure that those in the private rented sector have the security that we believe they deserve. However, I do worry that the Government’s good intentions in what they are seeking to achieve will actually leave us with no homes left to rent, or at least a significant reduction. Having worked in a homelessness team 20 years ago, I have seen at first hand the impact on those who are evicted. More recently, as the cabinet member for homes and communities, I had responsibility for homelessness, building safety, disabled facilities grants and the cross-party plan for homes that Plymouth city council has proudly worked through over the years.

I speak for tenants and landlords. No one can be responsible for homelessness and not want to ensure that people in vulnerable situations have the best opportunities. However, I also speak for the many excellent landlords in the city that I represent part of, not least those who are members of the South West Landlords Association, whose training I participated in while I was a cabinet member. They provide the vital rented homes that the city and the surrounding areas need, the loss of which will have an impact on the very tenants we are hoping to support.

None of this Bill will be relevant if there are no homes left to rent. Rightmove is currently claiming that there are 50 inquiries for every rental property in Plymouth. We also have 365 households in temporary accommodation, with 162 of those households in bed-and-breakfast accommodation. I am sad to say that those numbers have not really moved much in the last couple of years, because of the lack of private rented property. With this Bill, we may therefore be ignoring the dangers of the impacts on those tenants in temporary accommodation.

We need to ensure that the private rented market in cities such as Plymouth and the surrounding rural areas is fit for purpose, and at the moment it is completely broken. The fact that the homes are not necessarily always fit to in live is almost the least of the problems, because again, as I have said, if there are no homes to live in, people do not have anywhere to be.

[Markus Campbell-Savours]

This issue of landlords removing themselves from the sector was also brought up in the speech of the right hon. Member for Witham (Priti Patel). What does the hon. Member think happens to properties when landlords remove themselves from the sector?

[Rebecca Smith]

The hon. Member makes a very good point, and that brings me on nicely to the next section of my speech. One of my constituents has recently written to me to say that he is very sadly, having been a landlord for the same tenants for 25 years, selling his entire portfolio of 89 properties. Sometimes, we do actually see—[Interruption.] Will the hon. Member allow me to finish? Thank you.

We sometimes see some really constructive solutions to these problems. For example, while I was a cabinet member on a Conservative council under the Conservative Government, Plymouth city council, Plymouth Community Homes and Homes England were able to work together to purchase 86 three-bedroom properties from Annington Homes, which is the supplier for the MOD. So the hon. Member is correct that there are some options. However, although my constituent has approached the council, there has currently been no movement. The point I want to make in this section of my speech is about what more Homes England could do to ensure that when landlords leave the market as an unintended consequence of this Bill, their properties are bought by local councils, although they may need the grants that Homes England has so generously provided in the past.

[Chris Curtis (Milton Keynes North) (Lab)]

Does the hon. Member think that the houses disappear when the landlords move out of the market? The bricks and mortar are still there. The problems in our housing market are caused by the lack of supply and by private landlords taking advantage. Such movement of homes in a fixed market is not going to cause the problems that I think she is suggesting.

--- Later in debate ---

[Rebecca Smith]

My experience has been that this does impact on the market. That is why the market in Plymouth has failed, in the words of the chief executive of the city council, because those properties often get bought by a family who may not have been—[Interruption.] No, let me finish. Such a family may have been in a privately owned property, not a privately rented one. I feel that we are speaking to the same point, but ultimately the market in the constituency I represent is not working. I am speaking only about the evidence I have seen for myself, but the 89 properties that are going to be sold will mean 89 further households needing temporary accommodation. It they have to be found further accommodation when there are 50 inquiries for every rental property in Plymouth, there is clearly a problem, although I do take the points that Labour Members have made.

[Naushabah Khan (Gillingham and Rainham) (Lab)]

Will the hon. Lady give way?

[Rebecca Smith]

I will.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. We need to reduce the number of interventions, because they eat into other Back Benchers’ time.

[Naushabah Khan]

I will be brief, Madam Deputy Speaker. Does the hon. Member recognise that a number properties are taken out of the private rented sector to be used as temporary accommodation because landlords are able to get a better deal, sometimes from councils, and that that also has an impact on the market?

[Rebecca Smith]

Yes, the hon. Lady is correct. That is part of the problem, and I go back to my point: it is why in cities such as Plymouth the private sector market is failing. Those temporary homes are needed for those who have been evicted from the private rented sector, and then we end up with them staying in temporary accommodation, rather than permanent homes. Ultimately, we are all seeking to achieve somewhere for people to live in the long term, not temporarily. I believe we all need that security, which is ultimately what the Bill is trying to achieve. I am just highlighting that if there is no supply, there are no homes for us to secure through this legislation.

I know that the Secretary of State recognises the important role of landlords, yet this Bill feels like a using sledgehammer to crack the nut of no-fault evictions and poor conditions, with significant unintended consequences, as the shadow Secretary of State, my right hon. Friend the Member for North West Essex (Mrs Badenoch), outlined. We will see properties leaving the market and therefore a further increase in the number of people not in accommodation. I take the House back to this figure: this Bill will increase, from 365 already, the number of households in the city I represent who are living in temporary accommodation.

Oral Answers to Questions

Rebecca Smith Excerpts

Monday 2nd September 2024 Commons Chamber

[Angela Rayner]

My hon. Friend is absolutely right about people on pension credit and, in particular, about the household support fund. It is incredibly important, first, that the many people who are entitled to those benefits but are not claiming them do so, and secondly, that the household support fund and the work that we can do to support people is well known. We work with local authorities, which administer the fund, to make sure that the money is given to the people who need it the most. We inherited very difficult circumstances because of the previous Conservative Government. The Chancellor has set out how we can expand the fund to help people who desperately need it.

[Rebecca Smith (South West Devon) (Con)]

Devonport dockyard in Plymouth has a strong future proudly refitting the Royal Navy’s submarines. However, for that to happen, the city needs, among other things, more housing. The location for this housing is there, in the city centre, but it will require a national effort to deliver it. Will the Minister meet a cross-party delegation from Plymouth to take forward these vital plans?

[Matthew Pennycook]

I am well aware of the case that the hon. Lady cites and of that city centre location, and I am more than happy to meet that delegation.