Homelessness Reduction Bill

Will Quince Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th January 2017 Commons Chamber

[Mrs Flick Drummond (Portsmouth South) (Con)]

I am sure that new clauses 2 and 3, which were tabled by the hon. Member for Hammersmith (Andy Slaughter), are well intentioned. New clause 2 would give tenants assurances on their length of tenure and new clause 3 would give assurances on rent increases. However, I am concerned that, rather than helping vulnerable homeless people, they would hinder some of the best work in the Bill.

We know that private landlords are increasingly reluctant to accept benefit claimants—that is certainly the experience of Portsmouth City Council. The Bill represents an effort to change that situation, but new clauses 2 and 3 would frustrate it. Tenants are currently encouraged to remain in occupation until they are evicted by a court order so that they cannot be considered to be voluntarily homeless. That is a stressful and debilitating practice for the tenant, and a disincentive for landlords to take on cases from local authorities. That would be especially true under new clause 2 because it would lock landlords into an unbreakable three-year tenancy agreement if the result of giving notice would be to make the tenant homeless.

[Will Quince (Colchester) (Con)]

Does my hon. Friend agree that the reality is that only around 50% of mortgage lenders lend to buy-to-lets with tenancies of more than one year? The measures might restrict the market even further, so they could cause many more problems than they would fix.

[Mrs Drummond]

That point was discussed earlier. It would be good if mortgage lenders could extend their offer to three years or even beyond, because we do want long-term tenancies.

New clause 2 would make landlords reluctant to take on anyone who might need local authority help, most of whom would be vulnerable people in receipt of benefits or on low incomes. As Portsmouth and District Private Landlords Association has stressed to me, landlords do not usually evict good and responsible tenants, nor do they want to risk finding bad replacement tenants or to bear the costs of eviction and establishing a new tenancy. But nor do they want their hands to be tied. What if they wanted to sell the rental property or occupy it themselves? New clause 2 makes no provision for that. As a result, it would be a strong disincentive for landlords to take on any tenant who might call on the local authority’s duty to house, if they were given notice.

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[Mr Jones]

I certainly agree that many local authorities across the country work very hard to help homeless people. We hope that the Bill will improve the situation further. On the circumstances that my hon. Friend mentions, I should say that a person could go back to the local authority for a review; there is a safeguard for people in that sense.

[Will Quince]

Will the Minister confirm my understanding that the Bill incorporates a particular and special safeguard—a full written warning—before any duty is then withdrawn? That is an extra protection to ensure that those facing a termination of duty know exactly what they are getting themselves into.

[Mr Jones]

My hon. Friend has been a diligent member of the Bill Committee, and I thank him for his intervention. He is correct: the Bill provides for a final written warning. Obviously, we want to make sure that people have an incentive to do the right thing and accept an offer of suitable accommodation, but we also need to consider people who present challenges and need a final warning, in some circumstances, to make them think again and take up the offer the local authority has made.

Amendments 3 and 5 insert helpful signposts into clauses 4 and 5 to ensure that they are appropriately cross-referenced with clause 7. Specifically, they insert references to the provisions in clause 7 about ending the prevention and relief duties when an applicant has deliberately and unreasonably refused to co-operate, and to the provisions about ending the relief duty when an applicant has refused a final accommodation offer or a final part 6 offer. That simply means that the ways in which the prevention and relief duties can be ended are easier to see and understand for those reading the clauses.

Amendment 8, along with amendments 6 and 7, deal with the provision of interim accommodation while a local housing authority is helping an applicant to secure accommodation under clause 5. Amendment 6 sets out that, if a local housing authority has reason to believe that an applicant may be homeless, eligible for assistance and in priority need, it must secure interim accommodation. It also sets out how that duty comes to an end.

In cases where the local housing authority has concluded its inquiries under the homelessness legislation and decides that the applicant does not have a priority need, the duty comes to an end in two circumstances: first, if the local housing authority notifies the applicant that the relief duty is not owed; and secondly, if the local housing authority notifies the applicant that, once the relief duty ends, they will not be owed any further duty to accommodate.

Amendment 7 is a technical amendment to the Housing Act 1996 required as a result of amendments 6 and 8. Where an applicant has been provided with interim accommodation and refuses a final offer, they may request a review of the suitability of that offer. Amendment 8 ensures that the duty to secure interim accommodation continues until any review has been concluded and the decision has been notified to the applicant.

Finally in this group, I turn to amendment 9. The duties to applicants under clauses 4 and 5—the prevention and relief duties—are to help the applicant to secure accommodation. In some cases, this will entail the local housing authority securing this accommodation directly, rather than helping the applicant by, for example, providing a deposit guarantee. Amendment 9 provides that, where that is the case, the provisions of sections 206 to 209 of the Housing Act 1996 apply in the same way they would if the local housing authority secured accommodation under the main homelessness duty.

Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged—for example, about how authorities may secure that accommodation is available and how they can require an applicant to pay a reasonable charge for the accommodation. Provisions also cover the requirements relating to placements in and out of district, including notifications to the hosting local housing authority.

I will leave it at that on amendments 1 to 9. I hope that the House will look favourably on them, in the spirit in which proceedings on the Bill have been conducted, and support them.

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[Will Quince (Colchester) (Con)]

I do not want to repeat too many of the comments that have already been made, but I cannot fail to pass on my thanks to my hon. Friend the Member for Harrow East (Bob Blackman) for his tireless work, drive and dedication on the Bill. I, too, very much hope that the Bill does proceed through this place and becomes an Act. I wish to thank the Minister and his officials, not least for setting aside the £48 million that will go to help local authorities support the implementation of this Bill. I also thank Opposition Members, who have played such a key role in this Bill.

It has been an absolute pleasure to serve on the Bill Committee. It was the first real Bill Committee on which I served. Seeing such consensual cross-party working made me wish that more Bills and private Members’ Bills operated on such a basis.

So many years on from “Cathy Come Home”, there is no doubt that we have become blind to things such as rough sleeping. There is also the problem of the homelessness that we do not see—I am talking about the homeless people who are sofa surfing or who are having to sleep over with a friend. We do not see them because they are not visible on the streets. I am as guilty as anyone else of walking past those who are sleeping in doorways. I do so partly because we are advised by many charities, for all sorts of reasons, not to give money. Occasionally, I will buy sandwiches and other types of food.

Something interesting happened to me just a few weeks ago. I was walking along the road to catch the 91 bus back from the Covent Garden area, and a homeless lady approached me. I thought that she was going to ask for money, but in fact she did not; she asked for a hug, because we had had a chat. She said, “Thank you for talking to me. Thank you for engaging with me like a human being. Thank you for recognising that, just because I am homeless, it does not mean that I am not a person.” We must not forget that we cannot ever lose our humanity.

As many Members from across the Chamber have said today, one person who is sleeping rough, one person who is homeless, one family who is sofa surfing or living in a one-bedroom temporary accommodation unit is not acceptable. It is not acceptable in any country; it is certainly not acceptable in the fifth largest economy in the world. That is why I am so proud to support this Bill. As the Minister knows, our record is not great: we have seen an increase in rough sleeping and in homelessness. I am proud that the Government are now taking action by supporting this Bill, which puts prevention at its very heart. Yes, we must do far more to tackle homelessness and rough sleeping on our streets, but the key must be prevention and ensuring that we interact and engage as early as possible with those who come to us asking for help. That is why I am really proud that this Bill increases to 56 the number of days that we can help someone before they become homeless. That means that we can intervene, engage and help those who rightly seek support at the point at which they know they need help but before they reach crisis.

I support this Bill and hope that it progresses to the next stage. I also hope that all Members across the House will support it fully.