Tenancies (Reform) Bill

Debate between Stephen Pound and Barry Gardiner

Friday 28th November 2014 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

The hon. Member for St Austell and Newquay (Stephen Gilbert) expressed the hope that the Bill will receive support from both sides of the House and that we will put aside partisan politics. I think that those who know my relationship with the hon. Member for Brent Central (Sarah Teather) will understand that the fact that I am here supporting a Bill that she has brought forward is extreme testimony to that. But it is the merits of the Bill that I am here to support.

I want to read out a letter from a landlord in my constituency who wrote to me about his concerns about the Bill. I do not know whether he is a good landlord or a rogue one, but these are the sentences he used to express his concerns:

“Surely anyone with an ounce of common sense must know if you are going to give a Tenant a five year contract up front they are not going to behave, respect the Property or be a good Tenant, and if you get struck with the bad one it’s a five year problem. All he needs to do is damage your property, run along to the Council and complain about the damage, and the landlord won’t be able to use section 21. This is utter nonsense of a Bill.”

I disagree with that, but I am confident that many of the remarks that will be made later on in an attempt to talk out the Bill will sound similar. The letter expresses pithily the fundamental worries that landlords, including good landlords, have, because there is abuse not only by landlords, but by tenants. The Bill has its best chance of success because that has been taken on board, while recognising that there has to be greater equity of power between the landlord and the tenant. At the moment, the balance of power is clearly in the landlord’s favour, and many tenants are suffering as a result.

One of those tenants is my constituent Mr P, who has been subjected to ongoing leaks and regular ceiling collapses for the past nine years. He is not one of the short-term, complaining tenants that the landlord who wrote to me was referring to, because he has been in the property for nine years. The first collapse occurred eight years ago and produced 20 kg of debris. Most recently, the ceiling gave way in two places, missing my constituent by only a few feet. The landlord is fully aware of the state of the property, but he appears to be very reluctant to carry out repair work.

On two previous occasions, the landlord initiated eviction proceedings against my constituent after he complained about his living conditions. However, I am told that the notices were withdrawn when my constituent threatened to involve Brent council’s private housing services. I want to mention Brent private tenants rights group, which is a wonderful organisation, and Jacky Peacock, who is known not only to the hon. Member for Harrow East (Bob Blackman), from his time as council leader—he is nodding in his place—but to my hon. Friend the Member for Ealing North (Stephen Pound) and the hon. Member for Brent Central. Jacky has been sticking up for private tenants in the Brent, Harrow and Ealing areas for many years, and she is wonderful. I understand that on both occasions Mr P’s landlord agreed to undertake the repair work on the condition that he accepted rent increases. Those rent increases were imposed, but the repair work was not subsequently carried out.

The landlord whose letter I read out earlier feared that all the tenant needed to do was damage the property and make a complaint, and then section 21 could not be enforced. That is not correct. It is important that Members who support the Bill make it clear that that is not possible. He refers in another part of his letter to the many ways in which the local authority can already get involved. In fact, on 9 April this year, Mr P received a fresh notice to quit, and on that occasion he was rather surprised, because he had not made any recent complaints about the property. He realised that the notice to quit was triggered by the enforcement action that Brent council is now planning to take with regard to the property. Of course, if an officer from the council’s private housing service is to visit and make an assessment, it is a requirement that the landlord be notified of an impending visit and assessment. Otherwise, any enforcement decision cannot be taken against the landlord. It is really important that the hon. Member for Brent Central has incorporated into the Bill a reasonableness clause and a reasonableness agenda, because that gives succour to good landlords, reassuring them that they will not be subject to frivolous, vexatious or aggressive action on behalf of tenants. In my dealings with tenants in Brent over the past 17 and a half years, I have come across fewer than 20 vexatious tenants in that entire period. As for the number of retaliatory evictions—we are probably dealing with 20 such ongoing cases in my office at present. The balance is clearly out of kilter and needs to be rectified.

[Stephen Pound (Ealing North) (Lab)]

I, too, may be divided politically from the hon. Member for Brent Central (Sarah Teather), but I am entirely united with her on this occasion. Does my hon. Friend the Member for Brent North (Barry Gardiner) agree that if a landlord were a vendor and the tenant were a purchaser—a consumer—the existing consumer protection legislation would provide that equity? Why do we have such a fundamental imbalance? Section 21, which was supposed to be a sensible measure, is a great threatening blunderbuss before which many of our tenants, our constituents and our friends and some of our family have to cower. Why this imbalance?

[Barry Gardiner]

My hon. Friend is right. There is a huge imbalance, part of which the Bill seeks to address. I welcome that. The imbalance exists because power and money usually side together, and that is what we need to pull apart by ensuring that the Bill progresses.

I have a number of other cases which highlight the problem of retaliatory evictions. One tenant had lived in the property for 11 years amid lots of disrepair, the possession order coming once a complaint had been made. I shall not detain the House with further cases because I want to see the Bill progress. It is good, but it is limited. The hon. Member for Brent Central will know that in the House of Lords on 5 November my party introduced an amendment on retaliatory eviction to the Consumer Rights Bill. Hansard records who supported that amendment.

My party has also set out plans for a much more fundamental reform of the private sector because of the need to get a fairer deal for those who are renting and to remedy the imbalance identified by most Members who have spoken in the debate. I would very much like to present more cases, but I do not believe that for some of those who will follow me in this debate, more cases will be more persuasive. We need to let them make their remarks and let the House move to a conclusion.

Human Rights on the Indian Subcontinent

Debate between Stephen Pound and Barry Gardiner

Thursday 15th September 2011 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

Today a delegation from Conservative Friends of India heads off to the subcontinent. The hon. Member for Wycombe (Steve Baker) has ensured that when they land in Delhi they will walk into a major media storm. The UK Parliament should be very wary of intervening in the dispute over Kashmir.

Members have talked about the UN resolution and the plebiscite, but the resolution had a condition—

[Stephen Pound (Ealing North) (Lab)]

When my right hon. Friend the Member for Rotherham (Mr MacShane) rose on a point of order as a result of a tweet that he had received, I attempted to intervene on him, but so powerful was his flow that I could not. Will my hon. Friend the Member for Brent North (Barry Gardiner) confirm that when a newspaper makes a statement through social media, it does not speak for the Government of the Republic of India, and these are two very separate matters?

[Barry Gardiner]

My hon. Friend is right, and I am sure that my right hon. Friend knew precisely that when he made his “nearly a point of order”, as Mr Deputy Speaker called it.

The UN resolution attached a condition to the holding of the plebiscite—the withdrawal of the Pakistani forces that had invaded that part of Kashmir in 1949 when the maharajah of the state of Jammu and Kashmir had vacillated over whether to become part of India or part of Pakistan. The invasion precipitated the maharajah to jump towards India, with the consequences that we have seen since.

Of course, it is absolutely right that this House should always take a keen interest in the protection of human rights around the world, but hon. Members and members of the public watching this debate must think there is a certain irony in the fact that although the hon. Member for Wycombe sought to raise his concern about human rights issues in India, it is not India but five of India’s closest border neighbours, including Pakistan, that the 2011 “Failed States Index” lists among the 50 most failed states in the world.