Electrical Safety (Private Rented Sector)

Debate between Stephen Williams and Paul Burstow

Wednesday 18th December 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Communities and Local Government (Stephen Williams)]

I congratulate my hon. Friend the Member for Eastleigh (Mike Thornton) on securing this important debate. He is raising the issue on behalf of his constituent, Mr Parker, although he is drawing on his own life experiences, as we heard, albeit from a few decades ago while a student. Many hon. Members will have lived in private sector accommodation, whether as a student or later on, early in adult life—that experience is common in my constituency—and will have had such experiences and have views on this subject.

The private rented sector is an important part of the housing mix in England. It is growing and the Government wish to encourage that. Nine million people in England live in the sector. In my constituency, a significant proportion of people rent in the private sector; indeed, it is the second largest cohort in the country, after Kensington and Chelsea. The issues raised by my hon. Friend are of interest to me, as a constituency Member and as the Minister with responsibility for this area.

The quality of private rented housing has improved rapidly during the past decade. The English housing survey shows that 83% of tenants are happy with the service from their landlord. Obviously, that should not give rise to complacency, because it means that 17% are unhappy. Many of those experiences of unhappiness may fall within the issues that my hon. Friend is raising.

There is a general statutory duty on landlords to ensure that their property is in good repair while being let, and that is deemed to include electrical installations, to ensure that any appliances supplied with the property are safe. Where the property is licensed—the right hon. Member for Oxford East (Mr Smith) mentioned this in his intervention—for instance, in houses in multiple occupancy, the local authority can require that electrical installations in the property are periodically checked and that an electrical safety certificate is produced on demand. But it is up to each local authority to decide what that periodic interval is.

[Paul Burstow]

The Minister knows, from a meeting I had with his predecessor and through written parliamentary questions, that I have been trying to establish the outcome of a survey that the Department commissioned into the extent to which voluntary arrangements for licensing conditions are being taken forward. I wonder whether he has any further information about that and whether that has led him to conclude that there needs, at least, to be much clearer best practice guidance for local authorities, to ensure that the minority of landlords who let their tenants down by not adequately checking their appliances do not do so and are properly licensed in future.

[Stephen Williams]

I thank my right hon. Friend for his intervention. I shall mention various actions that the Department is taking in this area, which I hope will satisfy him.

Apart from circumstances in which properties are within an existing licensed scheme, landlords are not required to have electrical installations regularly checked. Although it is not a requirement, the Electrical Safety Council recommends that such installations should be checked every five years, as matter of good practice, and this recommendation is endorsed by the Department. A brochure has been produced for landlords and, as it is Christmas, I have a copy for my hon. Friend the Member for Eastleigh. I am sure that he will find it useful in giving advice to his constituents.

Turning to points made by my right hon. Friend—I hope that this will satisfy him—the Government are reviewing the service that tenants can expect from landlords. In October, the Department launched a consultation on a tenants’ charter that will consider various issues, including electrical safety. The first stage of this will be the publication of a discussion document on the issues early next year. I hope that it will be available by the end of January. This comprehensive review of property conditions in the sector will also include actions that we may be able to take to stop the practice of retaliatory eviction, which my hon. Friend the Member for Eastleigh mentioned, where a tenant has made a reasonable request of their landlord for improvements or repairs to installations in their property.

The review will also consider whether there should be any changes to existing health and safety rating systems and whether smoke and carbon monoxide alarms should be required in rented homes. At the moment, such alarms are required only in certain circumstances, where particular sources of heating, such as solid fuel, are installed, but we are reviewing whether that duty should be extended. We are looking at existing licensing and voluntary accreditation of landlords, building on the discretionary licensing scheme that exists in several urban areas at the moment. Bristol city council has just started a discretionary licensing scheme to improve the standard of private rented stock in the eastern area of my constituency.

We are also considering what redress might be available for tenants; for instance, whether landlords should be required to repay rent where a property has been found to contain serious hazards. I agree with my hon. Friend that it is shocking that retaliatory evictions might occur where a tenant has made a reasonable request of their landlord for an improvement to be made to their property. They should not face the threat of deprivation by losing their home. The Department does not, at the moment, have any comprehensive evidence that retaliatory eviction is a widespread problem. My hon. Friend mentioned evidence from Shelter. Perhaps he would be kind enough to share that with me after this debate, so that I can raise the matter with Department officials.

On the health and safety rating system, local authorities have strong powers to inspect properties and make sure they are safe, healthy and free from harm. The process involves looking at 29 possible risks to health, including electrical hazards. Powers are available to local authorities where serious hazards are found in properties, including prohibiting use of the dwelling; undertaking the works directly themselves; and prosecuting the landlords, if necessary. The system provides an important safety net, ensuring that homes are safe and decent.

I mentioned that we are looking at the related issue of whether to require the installation of smoke and carbon monoxide alarms. This was the subject of an amendment and a debate in the other place, during the passage of the Energy Bill, when the Department announced that it is undertaking that review. Smoke alarm ownership is quite high, with 86% of all domestic buildings having at least one smoke alarm. Ownership of carbon monoxide alarms is much lower, estimated at about 15%. We are reviewing that.

Licensing gives local authorities some degree of control over the condition of privately rented housing in their area. Large HMOs are subject to a mandatory licensing scheme. As part of that, a smoke alarm must be installed in the building. A local authority can also require that an electrical safety certificate is produced on demand, but that is in the narrower circumstances of HMOs—narrower than those my hon. Friend is talking about—which are already subject to a local authority licensing scheme.

Local authorities can decide to license other rented housing. I mentioned the discretionary licensing scheme. At the moment, this can be applied where general antisocial behaviour is found in an area of high private sector rented accommodation or low housing demand. Our review will look at whether those conditions should be widened. Where that licensing is in place, an authority can impose conditions requiring regular checks of electrical installations of the sort that my hon. Friend requires.

In the review into property conditions, we will also consider whether a landlord could be required to pay rent if they let out a property that contains serious hazards. Landlords are already liable for fines if they are found to be breaching certain conditions, but we are considering how tenants may receive redress and compensation, and the repayment of rent seems to be a good way of doing that. That is subject to the review, and I urge all hon. Members present to contribute their views to that review.

As part of the review, we are also considering the letting agents market. As I am sure many of us know from the experiences brought to us by our constituents, and possibly from our own personal experience, many private rental properties are secured through a letting agent. The majority of agents provide a good service, but some do not and charge tenants excessive fees for a poor service, which might include not giving information about electrical installations or white goods in the property. From 2014, all letting agents will have to belong to a redress scheme, which will ensure that tenants have access to an independent adjudicator, who will be able to investigate complaints about a letting agent and order compensation to be paid, if appropriate.

Before concluding, I reiterate my thanks to my hon. Friend for securing this important debate. The Department recognises that, if we want to grow the private rental sector, as the Government certainly want to do, it is vital that we ensure that tenants have confidence that the homes they are renting are safe and decent.

Our review will conclude next summer, and I again urge all hon. Members to contribute to that review. Perhaps next year my hon. Friend will again be successful in securing a debate, and I hope that he will find that many of the issues he has raised today have been addressed by the review.