Housing and Planning Bill (Ninth sitting)

Debate between Teresa Pearce and Stephen Hammond

Thursday 26th November 2015 Public Bill Committees

[The Chair]

With this it will be convenient to consider clause 88 stand part.

[Stephen Hammond (Wimbledon) (Con)]

I do not want to detain the Committee for long, but this may well be a pertinent time to raise the issue that my hon. Friend the Member for Hornchurch and Upminster (Dame Angela Watkinson) raised on Second Reading about information that can be collected at the same time that council tax information is collected. She made a powerful speech on the point. As the Minister knows, her contention is that whenever a billing authority requests council tax information from the resident, owner or managing agent of any dwelling, the authority should also request the provision by that person of tenure information in respect of the dwelling.

I would like to reiterate the points made by my hon. Friend on Second Reading and test the Minister’s appetite for bringing something forward on Report. Although the Minister will potentially respond by saying that some local authorities make such a request already, or that all local authorities recognise they have the power to do so, in reality, this is a very easy request for local authorities to make when asking for council tax information. Making tenure information available would provide some protection for tenants and would secure the reputation of landlords in general. It would provide a useful tool for local authorities when carrying out their housing functions, in terms of information about the various tenures available in their area, and making even more information available would be helpful.

I think we all want to see the information for rogue landlord databases widely spread. This would be a simple addition, so I am keen to hear whether the Minister is receptive either to bringing such a measure forward himself or to a Member tabling such a new clause or amendment on Report.

[Teresa Pearce]

I am pleased that the hon. Gentleman raises that point, because it is interesting. Would he be surprised to learn that I wrote a year ago to Lin Homer, the head of Her Majesty’s Revenue and Customs, to ask what she thought the tax gap was for rental income, and that she estimated it to be in the region of £500 million? Would what he suggests not be a way to have a full register of landlords who can then be reported to HMRC, to ensure they are filling in their tax returns properly?

[Stephen Hammond]

Having been on the Public Accounts Committee for six months at the end of the previous Parliament, nothing surprises me about the inefficiency of HMRC. It is a body that needs almost complete reform. I am not sure I will be tempted down the line that the hon. Lady suggests, however, because there would be an issue with what the database was then being used for, but she may wish to ask the Minister about that. I am keen on a simple question that could be added to inform local authorities, helping with what the Government are trying to get to in the thrust of their Bill. With those few remarks, I am raising the issue with the Minister.

Housing and Planning Bill (Seventh sitting)

Debate between Teresa Pearce and Stephen Hammond

Tuesday 24th November 2015 Public Bill Committees

[Stephen Hammond]

I think the hon. Member for Harrow West and I must have heard a different answer from my hon. Friend the Minister. I heard him say that if I could work with his officials to ensure that access to the database would be on an anonymised basis, he would bring forward on Report broadly the amendments I am proposing, but with the caveat that he wants anonymisation of the database. That would fulfil the Mayor’s purpose, because the Mayor wants access to the data for statistical and research purposes.

I am pleased to hear that the Minister has accepted the concept of the amendments. I am sure that he and I will be able to work together to bring forward some wording on Report—I am afraid I heard a slightly different conversation from the hon. Member for Harrow West. On that basis, given the Minister’s warm welcome for the concept and his warm words of reassurance, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Teresa Pearce]

I beg to move amendment 106, in clause 30, page 14, line 9, at end insert—

‘(2) Tenants and prospective tenants may establish whether an individual is listed on the database through their local housing authority.”

This amendment gives tenants and prospective tenants the ability to check with their local housing authority whether their current or prospective landlord or letting agent is listed.

We seek to amend clause 30 to give tenants and prospective tenants the ability to check with the local housing authority whether their current or prospective landlord or letting agent is listed on the database of rogue landlords or letting agents. We believe this simple amendment will fundamentally strengthen the measures in the Bill to tackle rogue landlords and will help to safeguard tenants from criminal landlords.

The amendment would allow tenants and prospective tenants to protect themselves from the select few landlords who breach their obligations towards tenants. At present, there is no scope in the proposals for tenants or prospective tenants to establish whether their landlord is on the database. There is no protection for tenants and no way for them to identify whether the landlord is subject to a banning order or not. The amendment seeks to enable tenants and prospective tenants to make an inquiry with their local housing authority, which could be answered with a simple no. If it were established that the landlord was indeed on the database, the local authority would be aware that a criminal landlord was operating in breach of their banning order.

Housing and Planning Bill (Second sitting)

Debate between Teresa Pearce and Stephen Hammond

Tuesday 10th November 2015 Public Bill Committees

[Stephen Hammond (Wimbledon) (Con)]

Q 153 To follow on from that, you both give an unequivocal welcome to part 2 of the Bill. Presumably you are also keen that the database is effective. Looking at Criminal Records Bureau checks and their successor, it seems to me that a database mechanism has been as effective in driving up standards. Are you optimistic that it will do the same in this area?

Jon Sparkes: Yes, I think it will. I think the Bill can actually go even further. Certainly, sharing information about banned landlords and banned letting agents is absolutely crucial and will have an impact. You can see landlords going across local authority boundaries. Once a landlord or letting agent is banned, the professionalising of the sector by making sure they undertake accredited training before they are unbanned is important, so there are areas where we would even support amendments that would take it further—all of which is caveated with proper protections for tenants. If you are the tenant of a banned landlord, you need an awful lot of protection, otherwise you just become evicted by default.

Campbell Robb: I agree with all that. I want to put on record that we have one caveat to unequivocal support, which is about the clauses about abandonment. It may not be the time, Chair, but I would like to share that there are potentially some unintended consequences of bringing that forward and of the lack of court oversight or local authority oversight in making sure that the proposals achieve what is wished but that they do not give a licence to some landlords to use them in a way that we would not support. I just want to put that on record.

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

Q 154 On abandonment, is legislation not already available for landlords to reclaim abandoned premises?

Campbell Robb: There is. Under section 21 of the Act.

--- Later in debate ---

[Teresa Pearce]

Q 207 So without further investment in local authorities, do you have confidence that local authorities could actually undertake this work?

Carolyn Uphill: If local authorities had the ability to keep the proceeds of any fines or civil penalties they levy, we would fully support that; we would like to see them ring-fenced to be used on housing matters, so that there is a real incentive to make the polluter pay—make those causing the problems pay for them. Perhaps they should be able to refund or rescind some of the licensing schemes, which are just a cost on the good landlords. Get the polluter to pay and use that money to improve standards. Then there would be a strong incentive to do it. The evidence is that in the last six years, 2,006 landlords were prosecuted under the Housing Act, whereas every week we are fining 3,000 people for not having a TV licence. Somewhere, we need to put more emphasis on this.

[Stephen Hammond]

Q 208 Ms Uphill, in your written submission you raised concerns about privacy. First, can you set out in depth what you think those are and, secondly, following on from your last answer, do you think that local authorities have the ability to construct the database so that privacy is protected?

Carolyn Uphill: Are we talking about the database for rogue landlords?