Housing and Planning Bill (Sixteenth sitting)

Teresa Pearce Excerpts

Thursday 10th December 2015 Public Bill Committees

During a fixed-term tenancy, tenants will have the same rights as most secure and flexible tenants do now. As with existing flexible tenants, however, the right to improve and to be compensated for improvements will not apply to fixed-term tenancies. Landlords will still be able to grant such rights within the tenancy agreement if they so choose.

[Teresa Pearce (Erith and Thamesmead) (Lab)]

I am intrigued by what the Minister means when he talks about having the same rights. We have heard a lot in the past few weeks about how the Government want all social tenants to have the right to buy, but is it not the case that social tenants who have less than a three-year tenancy will not have the right to buy? Is that not a clear difference between those two different types of social tenant?

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[Mr Jones]

I assure the hon. Gentleman that it will be published before the Bill goes to the Lords.

On the right to buy, the answer is yes, the tenant will still be able to exercise their right to buy. They must have had three years in social housing to be eligible. That is the same for flexible tenancies. Part of the purpose of the review at the end of the tenancy is to consider whether a person can exercise the right to buy if they are eligible to do so.

[Teresa Pearce]

Will the Minister explain something? If somebody has less than a three-year tenancy, they will not have the right to buy. If they have a two-year tenancy, then a break and then another two-year tenancy, they will not have the right to buy. Is it possible that some local authorities will not grant longer tenancies as a way of not extending the right to buy to some tenants? Has the Minister looked at that to see whether it is a possible loophole?

[Mr Jones]

I am trying to think carefully about the hon. Lady’s logic. I think that the circumstances she mentioned would apply to people who have a lifetime tenancy. If a person does two years and, by their own volition, whether they are on a lifetime tenancy or a fixed tenancy, moves into private rented accommodation and then comes back to the local authority for rehousing, they would not have built up the three years that makes them eligible to take on the right to buy.

This issue has come up several times. The hon. Lady is saying that the local authority moves them out of the property after two years, but at the end of the two-year fixed tenancy, the situation is reviewed and the people’s circumstances are taken into account. I cannot see that this policy will stop people being able to take up right to buy.

The provisions also align the succession rights of introductory and demoted tenants with those of secure tenants. Spouses, civil partners and those living together as a married couple will have a statutory right to succeed and the landlord will be able to grant additional succession rights in the tenancy agreement. None of the changes will apply where the tenant died before the Bill comes into force. I therefore hope that hon. Members will take the measures in the spirit in which they are intended and accept them.

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[Dr Blackman-Woods]

At this point, I do not—in fact, I was going to ask the Minister about that. Another question is: what about adult children who have been living in the house as their home for a very long time?

I shall finish with the following point. The reason why Margaret Thatcher offered secure tenancies in the 1980s is that she understood the need for tenancies that would offer families stability. There was a lot of discussion in the run-up to the 1979 election about what would happen to people in the social rented sector, and it was a good thing. It was the result of many years of lobbying and of knowing how important secure tenancies are to the stability not only of households but of communities that the legislation was introduced. It was introduced after a long period and a lot of deliberation, and it is critical that we do not legislate this morning to just get rid of it on what appears to be the whim of a Minister, a particular set of Ministers, or even the Prime Minister. It requires careful consideration, and we have not had the opportunity to consider the full implications of the measures.

My family had years of private rented accommodation and of being moved on, with young children. Getting a secure council tenancy was critical in giving all of us stability and good opportunities for social mobility. I cannot see where social mobility comes into these clauses. We know that making life more insecure does not lead to greater social mobility.

[Teresa Pearce]

I am very interested in what my hon. Friend is saying about social mobility. When I was granted a social tenancy at 21, I was on my own with my daughter. I stayed there for two years. In those two years, due to the lower rent and my increased job prospects, I was able to save enough to move out and buy my own property. Had I had a tenancy that I knew would end, I probably would not have been in a position to do that, because I would have been so fearful of where I would go next that it would have held back my social mobility.

[Dr Blackman-Woods]

I thank my hon. Friend for that helpful intervention, which demonstrates the clear difference between Opposition and Government Members: we appreciate the value of social rented housing to many individuals and families in this country, and how important it often is in enabling people to turn their lives around and in giving stability, particularly to families on low incomes seeking to do their best in difficult circumstances. It is not simply a product that can be used one way and then another; it is important for whole families and for their life choices.

Security of tenure often gives people time, as my hon. Friend said, to think about what options and opportunities might be available to them, such as education or retraining. It is critical that we do not remove that important support mechanism and pull the rug from under people, particularly when they might be facing difficulties. We should ensure that they get the support they need.

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[Teresa Pearce]

Just to clarify, I did have a lifetime tenancy, and my options were either to stay, to buy the property—which I did not do—or to save up, buy something, and leave the tenancy for someone else. Since then four other families have had the flat, because I did not remove it from the social stock by buying it. I do not understand the point about what I could have done if I had had a lifetime tenancy, because I did have one.

[Dr Blackman-Woods]

I am sure that that clarification is helpful.

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[Mr Jones]

I have heard the comments of Opposition Members, including the hon. Member for City of Durham. The hon. Lady seems to be most surprised that the Government are introducing these measures, but I am surprised that she is surprised. In August 2010 the Prime Minister first mentioned that the Government of the day were thinking of such provisions—the hon. Member for Bootle even highlighted that in his earlier intervention—and that was followed by the Localism Act 2011, which took the proposals further, and by the Chancellor’s announcement in this year’s summer Budget. The Labour party should not be surprised.

[Teresa Pearce]

I hear what the Minister is saying, but given that the measure has been in the pipeline since 2010, why was it not in the Bill?

[Mr Jones]

Obviously it will be in the Bill now.

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[Teresa Pearce]

Why was it not in the Bill?

[Mr Jones]

Because we want to get such things right. We believe that we have now put a good package together—