Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Siobhain McDonagh Excerpts

2nd reading: House of Commons
Friday 19th January 2018 Commons Chamber

[Mr Betts]

Yes, there is a history; the history is that we have not got it right, and that is what we are trying to do this morning. I take the point about the housing health and safety rating system. There have been various efforts in that regard, but in the end the position is still that housing that is unfit can be let to tenants, and that is what this Bill is putting right. In some ways it is going back to the 1985 legislation, which unfortunately has been overtaken by inflation as the rental figures in it are now so far out of date that in effect the legislation cannot be used at all. The Bill is turning the clock back to a previous situation and doing so in a very appropriate way.

In terms of the 1985 legislation, the Bill is updating the fitness standards, because it is taking the standards from that legislation but adding to them the fitness standards from the 2004 legislation and making a more comprehensive definition of what fitness should be. It is bringing the two together in a more comprehensive way: it is turning the clock back to 1985 and then modernising and updating the legislation, incorporating the 2004 standards as well, making a more comprehensive definition of fitness to ensure that the homes that are let truly are fit for people to live in.

Giving the powers to the tenant as part of their contract with the landlord means that tenants in local authority housing have the same rights and powers as those in the private sector or a housing association property. It means that any tenant in any rented property has these rights to take enforcement action against their landlord to ensure that their home is brought up to a certain fitness level. The Bill therefore does three things: it ensures that any home has to be fit for the tenant to live in; it updates the fitness standards; and it applies the legislation to local authority housing as well as other forms of rented housing. For those three reasons, the Bill should be supported.

The right hon. Member for Kingston and Surbiton (Sir Edward Davey) referred to the housing health and safety rating system. When the Select Committee looked at issues to do with the private rented sector in 2013, we called for a review and an update. The guidance on that system has not been changed since 2006 and is now out of date.

There are also questions as to whether the risk-based system is understood by many people. It is complicated and difficult to understand. Most of the professionals might understand it, but the fact that there is not an absolute definition of what is fit and what is not is a problem. Many landlords do not understand it, and if landlords do not understand it, the chance of tenants understanding it are very small indeed. Another look should be taken at whether there should be some basic standards as opposed to simply a risk-based system.

There is something strange about a system under which a house let to one tenant can be deemed unfit with that tenant in it, but if the tenant changes and a new tenant moves in, the house can then become fit, despite no work having been done to it, because the second tenant might be deemed to be less of a risk than the first tenant—under a risk-based system, the level of fitness changes with the change of tenant. That is difficult for most people to understand and we will have to revisit it.

There are also questions about local authorities’ ability to take enforcement action in a range of areas. The Select Committee is currently conducting an inquiry into the powers and resources that local authorities have to carry out enforcement in the private sector.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I recently submitted a freedom of information request to local authorities in London to see how many people had pots of capital to do works if landlords did not do so. The stunning answer was just two, so our laws cannot be enforced at the moment.

[Mr Betts]

This is a problem: we are certainly getting a lot of evidence to that effect, and we are having our second evidence session next Monday.

The Government are bringing in more powers for local authorities to act, and they are welcome. They include, for example, the banning orders that will come into effect in April, which will affect the worst landlords—whose names ought to be up there in lights so everyone can see what they are up to. The Government’s decision to extend the HMO—houses in multiple occupation—definition of properties that need licences to properties with two storeys is right as well. I argued under the Labour Government for that definition, but unfortunately at the time we could not persuade Ministers to include properties of two storeys, so I am pleased this Government are doing that. It will mean more work for local authorities, however, as well as more powers. I hope the Government bring in the requirement that all private rented homes should have their electrical systems checked every five years, too. This consultation has been a long time coming, but I hope that that comes in as well. Again, however, it will mean more work for local authorities.

The Bill essentially gives tenants powers to act, but in reality tenants are going to need support and assistance. They might contact the excellent Shelter telephone helpline, which is based in Sheffield, or Citizens Advice or other advice agencies, or they might go to their MP or local councillors, but very often they will go to their council to seek help and assistance. Although the primary requirement of this Bill is to give powers to tenants, in the end they might well go to the local authority, so with all the other—very good—measures that the Government are introducing, the extra powers for local authorities to take enforcement action and this Bill might put extra demand on local authority officers. The issue of resources is still fundamental to getting this problem sorted out. That will be raised as part of our Select Committee inquiry, and Ministers ought to be listening: without the resources, local authorities will not be able to offer tenants the assistance they need which would make this legislation effective.