Social Housing (Regulation) Bill [HL]
Tuesday 27th June 2023
(10 months, 1 week ago)
Lords ChamberSocial Housing (Regulation) Act 2023 View all Social Housing (Regulation) Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 109-I Marshalled list for Consideration of Commons Amendments - (26 Jun 2023)
Baroness Scott of Bybrook
That this House do agree with the Commons in their Amendments 1 to 12.
“(7) In section 202 of the Housing and Regeneration Act 2008 (inspections: supplemental) omit subsections (4) to (7).”
“(d) a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;”
“(ea) in subsection (3), for the words from “period,” to the end substitute “period if—
(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
(b) where the regulator located one or more such creditors, each of them has consented to the extension.”;”
“(eb) in subsection (5), omit the words from “if” to the end;”
“(4) In section 147 (further moratorium), in subsection (3), for the words from “period,” to the end substitute “period if— (a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and (b) where the regulator located one or more such creditors, each of them has consented to the further moratorium.””
“(5) In section 151 (appointment of interim manager during moratorium), in subsection (4), for paragraph (b) (but not the “or” following it) substitute— “(b) when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals,”. (6) In section 153 (procedure for proposals made during moratorium)— (a) in subsection (1), after paragraph (b) insert— “(ba) if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,”; (b) after subsection (1) insert— “(1A) If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.”; (c) in subsection (2)— (i) for the words before paragraph (a) substitute “Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—”; (ii) for paragraph (b) (but not the “and” following it) substitute— “(b) the secured creditors located for the purposes of subsection (1),”; (d) in subsection (3), in the words before paragraph (a) for the words from “The regulator” to “bringing” substitute “If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those”; (e) for subsection (4) substitute—
“(4) If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.”; (f) in subsection (5)—
(i) in the words before paragraph (a) for “Proposals” substitute “Draft proposals”; (ii) in paragraph (a), for “proposals were sent” substitute “draft proposals were required to be sent”; (g) in subsection (6)(b)—
(i) for “its” substitute “any”; (ii) for “the original” substitute “draft”; (h) for subsection (8) substitute— “(8) The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.””
“(7) In section 158 (assistance by regulator in connection with proposals), in subsection (1), for “the agreement of proposals” substitute “the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals”.”
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, with the leave of the House, as well as moving that this House do agree with the Commons in their Amendments 1 to 12, I will also speak to all the other Commons amendments.
I am pleased to bring the Bill back to the House and to see the progress that it has made since it left. This legislation seeks to drive the change that we know is so desperately needed in the social rented sector. It is vital that everyone learns from the mistakes that led to the Grenfell Tower tragedy, and the Bill will ensure that social housing tenants receive the protection and respect that they deserve. The Grenfell community’s tireless campaigning will leave a legacy of real change to social housing in this country.
The need to drive up the quality of social housing and rebalance the relationship between tenants and landlords was also thrown into sharp relief by the tragic death of Awaab Ishak. I know that Awaab’s father is watching today, and I know that I speak for all of us when I say that my thoughts remain with the Ishak family. I thank the family, along with Shelter and the Manchester Evening News, for their steadfast campaigning on Awaab’s law. This law will make a real difference to people’s lives, and I hope that it brings some degree of comfort to all those who knew and loved Awaab.
As I shall set out, the Government have listened carefully to the points raised, both in this House and in the other place, and tabled amendments in the other place to strengthen the legislation to its fullest extent. Commons Amendments 10, 11, 12, and 13 amend the clauses added by this House on competency and conduct standards and make provision for them to require that senior housing managers and senior housing executives have, or are working towards, appropriate level housing management qualifications.
We have also tabled a further amendment to the Bill to ensure that relevant managers employed by organisations which deliver housing management services on behalf of a registered provider are captured by the legislation, as was our original intention. I thank the noble Baroness, Lady Hayman of Ullock, for bringing the need for this amendment to my attention. This amendment will require registered providers to take steps to secure that relevant managers of these delegated services providers are qualified.
Our amendment also introduces implied terms into the contractual agreements between registered providers and delegated services providers and relevant sub-agreements, stipulating that their relevant managers should have, or be working towards, a specified qualification in housing management. This enables registered providers to take action against delegated services providers who are not compliant. These amendments, which have been welcomed by Grenfell United and Shelter, will drive up professional standards and the quality of housing services across the sector.
I turn to the amendments that we tabled in the other place on Awaab’s law. I am sure that I am not alone in saying that I was deeply shocked and saddened by the tragic death of Awaab Ishak. Commons Amendment 28 takes a power for the Secretary of State to set out requirements for landlords in secondary legislation to investigate and rectify hazards within a certain time. The amendment also inserts an implied covenant into tenancy agreements that landlords will comply with the requirements prescribed in regulations; this will impel landlords to deal with hazards such as damp and mould in a timely fashion, knowing that, if they fail to do so, they can face legal challenge from residents.
We have also introduced Amendments 14, 15, 17 and 29, which will ensure that the regulator sets standards for landlords to provide tenants with information about how to make complaints, and about their rights as tenants.
Commons Amendment 27 will give the ombudsman explicit statutory power to publish guidance on good practice, alongside the power to order landlords to complete a self-assessment if the ombudsman has received a relevant complaint about a landlord.
Amendments 1 and 2 repeal the provisions in the Housing and Regeneration Act 2008 which provide a specific power to enable the regulator to charge fees for inspections. Those fees will be recoverable under the regulator’s fee-charging powers under Section 117 of the Housing and Regeneration Act 2008, so the specific inspections power is now unnecessary.
Amendments 3 to 9 are technical amendments concerning moratorium procedures when the regulator is unable to locate any secured creditors.
Amendment 16 removes Clause 24 relating to energy demand, which was inserted into the Bill by this House. Although we are sympathetic to the aims of the clause, and we agree with the need to continue progress on making social homes warmer and more energy efficient, we do not believe it is appropriate to set consultation parameters without ministerial oversight. We recognise that the sector would benefit from clear standards to support energy efficiency improvements: that is why we announced that we will consult on standards for improving energy efficiency in the sector within six months of the Bill receiving Royal Assent. We remain committed to this, and officials have already begun work on this consultation. I am able to give noble Lords here today an indication of some of the areas for consultation. We will ask what the appropriate compliance date is for meeting an energy efficiency standard, what energy performance metric this should be measured against and what, if any, exemptions are appropriate.
Amendments 18 to 21 and 23 to 26 deliver technical changes that will ensure that, during a survey or emergency remedial action, any decision to leave equipment or materials on the premises takes into account the impact of that on tenants.
Amendment 22 amends requirements relating to the production and publication of an inspector’s report following the completion of an inspection. These amendments provide that the inspector must produce a summary of findings, as well as a report on any matters specified by the regulator. Amendment 31 was tabled to remove the Lords privilege amendment in Committee in the other place.
Amendments 32 to 51 deal with notices under Sections 104 to 108 of the Housing and Planning Act 2016. These amendments ensure that technical requirements relating to notices do not prevent the legislation working effectively, and help make provisions relating to insolvency easier for the regulator to operate.
Finally, Amendment 53 introduces a provision to clarify the relationship between the data protection legislation and Part 2 of the Housing and Regeneration Act 2008. I beg to move.
Lord Best (CB)
My Lords, I welcome the Commons additions to this important Bill. As a prelude, I thank the Minister for the earlier amendment she promised and delivered before the Bill left your Lordships’ House. This created the duty for the social housing regulator to carry out regular, routine inspections rather than just looking at the social landlord’s accounts and paperwork. This amendment had been earnestly requested by the Grenfell United group, which has campaigned tirelessly to improve key aspects of social housing regulation. If only the regulator’s team had made an inspection visit to the social landlord of Grenfell Tower and talked to residents, it would have been obvious that all was not well. The Minister has taken a close personal interest in the aftermath of the Grenfell tragedy, and I congratulate her on the amendment she brought forward which will now ensure routine inspections are a key part of the regulator’s future role.
I now welcome Commons Amendment 17, Awaab’s law, which will strengthen the role of the regulator in requiring social housing landlords to deal swiftly with problems of disrepair. Sadly, some housing associations and some councils have not been on top of these issues, with tragic consequences. There is a need now for some serious investment in the upgrading of outdated public housing, mostly from the 1960s and 1970s. As well as encouraging social landlords to listen more attentively to the matters raised by their residents, I hope we are moving to an extension of the ombudsman role, which will cut down the need for some of the sharp practices of the no-win, no-fee lawyers, who can exploit tenants’ predicaments. There is more to do here.
In particular, I greatly welcome the new Amendment 13B, which covers standards relating to competence and conduct. This amendment is of particular concern to the Grenfell United group and is intended to achieve greater professionalism of the social housing sector, requiring senior housing managers and executives to have or to work towards relevant qualifications. The noble Baroness, Lady Sanderson, raised these issues on behalf of Grenfell United when the Bill was in this House. We have had to wait until conclusions were reached in the other place to amend the Bill accordingly, but the wait has been worth while and I pay tribute to the noble Baroness.
These Commons amendments to Clause 21 will, over time, see the social housing sector properly “professionalised”. This approach was advocated for personnel managing privately rented and leasehold properties by the Government’s working group on the regulation of property agents, which I was pleased to chair. That badly needed change has yet to come about for the private rented sector, although the matter may be raised in the forthcoming Renters (Reform) Bill or the leasehold reform Bill. In the meantime, measures akin to those proposed for managers of privately rented homes will now be applied by this Bill to the management of the social housing sector. This enhancement of the skills of social housing personnel will greatly increase the role and responsibilities of the Chartered Institute of Housing, which is well able to play a vital role here.
Baroness Hayman (CB)
My Lords, I declare my interests as co-chair of Peers for the Planet and in that I have a family member currently working in the field of energy efficiency. I will respond to the Government’s Motion to agree with the Commons in its Amendment 16. It removes Clause 24, on energy efficiency, which was inserted with cross-party support on Report. Our amendment sought to ensure a comprehensive approach to energy efficiency for tenants in social housing, to reduce their costs and to improve living conditions. It would also have cut the costs to government—and the taxpayer—of subsidising energy bills and helped with energy security and achieving the Government’s target of reducing energy demand by 15% by 2030.
The importance of energy efficiency has been highlighted by numerous committees and reports from this and the other place, including one recently from the Public Accounts Committee which highlighted the problems so far with energy efficiency schemes, including the lack of coherence. It said they had been “fragmented” and that
“stop-go activity has hindered stable long-term progress towards government’s energy efficiency ambitions.”
It is important that real progress has been made during the passage of this Bill. We should remember that, at an earlier stage, energy efficiency was added to the objectives of the Regulator of Social Housing, with the support of the Government. I pay tribute to the work of the noble Baroness, Lady Pinnock, in achieving that end.
The Minister and her officials have been generous with their time in discussions prior to today’s proceedings —I am very grateful for that—in which she stressed the centrality of consultation with the sector before imposing standards. We have made progress, as she said, with a commitment to publish a consultation within six months of Royal Assent. As the Minister has heard me say before, in the past, the Government have been rather better on publishing consultations than responding to them, and much better than on actioning the policy that was their original subject. Can she give any further reassurances about timelines for a government response to the consultation and the provision of a final plan to improve the energy efficiency of social housing within 12 months of Royal Assent?
While we have not made as much progress as I would have wished on this issue, we all understand that the priority of the Bill has been the urgent need for effective regulation of social housing, and I completely recognise any concerns about diverting from that central objective. I also recognise that energy efficiency is an issue not just for the social housing sector but across the whole of our housing stock. It arises mainly from the quality, or lack thereof, of that housing stock. As the Minister knows, I have tabled amendments to both the levelling-up Bill and the Energy Bill to try to address what we are talking about in this Bill: the need for a long-term strategic plan of action which would include but not be exclusive to the social housing sector.
This is an issue to which we will return, but I hope the Minister can give me some reassurance on the issues I have raised when she sums up.
Baroness Pinnock (LD)
My Lords, amazingly, it has been eight months since this House last discussed the Bill. At that time, I welcomed it and many of the details it provided to improve the regulation of social housing. However, across the House, noble Lords challenged the Government to think again on some of the detail of the Bill. The noble Lord, Lord Best, and the noble Baroness, Lady Hayman, have outlined some of the ways in which the Bill was challenged and subsequently improved.
I am pleased to say that some of the government amendments in the Commons have indeed built on the amendments made on Report in this House. I particularly support Commons Amendment 13, which sets new professional standards for senior social housing managers, as I do the power for the ombudsman to provide best practice guidance. Those are two great improvements made to the Bill since it first started in this House.
The Commons also introduced into the Bill “Awaab’s law” in memory of the tragic death of two-year-old Awaab Ishak, which was caused by appallingly damp and mouldy conditions in the flat where he and his family lived. The response of the social housing landlord was shockingly neglectful—and, as it turned out, fatally neglectful for poor young Awaab. I congratulate the Government on introducing that new clause to address those responsibilities and to ensure that social landlords properly address what is described in the amendment as “prescribed hazards”. Let us hope that this is sufficient to ensure that no family lives in such dreadful conditions again—albeit it applies currently to social housing only.
Finally, although I am pleased that on Report the Government accepted my amendment to include energy efficiency as a core responsibility of the regulator, I am disappointed that they have not been able to be as positive about the amendment in the name of the noble Baroness, Lady Hayman, agreed by this House, which contained a comprehensive approach to energy efficiency that my simple amendment failed to do. We have a challenge as a country, and the Government have a responsibility to make changes so that homes are warmer and less expensive to heat. There was an opportunity to do so; unfortunately, the Government failed to accept it.
However, I am pleased that the Government and the Minister have agreed to consult—although, as always, the caveat is the question of what that will lead to, as the noble Baroness, Lady Hayman, alluded to. I am sure that the noble Baroness and many of us in this House will scrutinise closely the outcome of such a consultation. This is an important matter. We need to get it right. People should not be living in cold homes because they cannot afford to heat them. If the Government have the power to make a change, we will press them to do so.
I want to end on a positive note. We on these Benches support the Bill and trust that social housing tenants will see the benefits that it should bring.
Baroness Hayman of Ullock (Lab)
My Lords, this is a really important Bill. I am pleased to see it reach this stage; we have supported it all the way through. It has been a pleasure to work on a Bill that I think is the kind of Bill we ought to be doing. It is short, it is focused and it has a Minister who listens. That has been extremely good to work with. I am really pleased to see the government amendments that have been put forward, in particular those around professionalisation. I also pay tribute to the noble Baroness, Lady Sanderson; her work during the passage of the Bill was exceptional and is, I am sure, one of the main reasons why we have these amendments before us today. On Awaab’s law, I join the Minister and other noble Lords in paying tribute to his family.
I am pleased that the Government have listened to the concerns raised by the arm’s-length management organisations and tenant management organisations, as well as the National Housing Federation, in bringing forward the amendments that dealt with the concerns there.
The noble Lord, Lord Best, welcomed the promised amendment on inspections that was so important to Grenfell United. We are absolutely delighted that the Minister has brought forward those amendments today. I want to thank Grenfell United, Shelter and the Ishak family for their work and support during the passage of this Bill; it has helped us to keep the important issues at the centre and as the focus of what we need to achieve.
I thank the noble Baroness, Lady Hayman, for pushing the energy efficiency amendments, which are really important. It is good that we did not lose sight of them during the Bill’s passage and that we have made some progress. I also thank the noble Baroness, Lady Pinnock, for bringing forward her amendment on that.
I thank the Minister and her officials for their time and their constructive approach to working with us, the Opposition, and other noble Lords during the Bill’s progress through the House. It has enabled us to make what was a good Bill a much better Bill—one that is more fit for purpose.
Finally, I thank my noble friend Lady Wilcox for her invaluable help and support. I am sure that we are now both looking to see the Bill go on to the statute book, so that we can raise our eyes up and look forward to the Renters (Reform) Bill.
Baroness Scott of Bybrook (Con)
My Lords, I am grateful to all noble Lords who have contributed and for the wide-reaching support for this important Bill. In particular, I thank my honourable friend the Member for Bishop Auckland for steering the Bill so ably through the other place. I also thank the department’s Bill team, all the policy and legal officials, and my private office team, who have worked hard over the past year to deliver this legislation through both Houses. I especially thank the House authorities, parliamentary staff, clerks and doorkeepers, and all noble Lords who have contributed to the evolution of this Bill.
Baroness Scott of Bybrook
That this House do disagree with the Commons in their Amendment 13 but do propose Amendment 13B in lieu—
“(3) Standards under subsection (1) may require registered providers to secure that their relevant managers—
(a) have a specified qualification in housing management or type of qualification in housing management, or (b) are working towards such a qualification or type of qualification. (4) A “relevant manager” means—
(a) a senior housing executive, or (b) a senior housing manager. (5) A qualification or type of qualification specified for a senior housing executive may only be— (a) a foundation degree, or
(b) a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5. (6) A qualification or type of qualification specified for a senior housing manager may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.
(7) Except as provided by subsections (3) to (6), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.
(8) In this section, “senior housing executive” means a relevant individual who—
(a) is an employee or officer of the registered provider, (b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the provider, and (c) is part of the provider’s senior management. (9) For the purposes of this section, an individual is part of a registered provider’s senior management if the individual plays a significant role in—
(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or (b) the management or organisation of the whole or a substantial part of such activities. (10) In this section, “senior housing manager” means a relevant individual who— (a) is an employee of the registered provider, and
(b) is a senior housing and property manager for the registered provider. (11) For the purposes of subsection (10)(b), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
(12) The references in subsections (5) and (6) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.
(13) For the purposes of this section, “employee” includes a person employed under a contract of apprenticeship.”
“(3) Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—
(a) have a specified qualification in housing management or type of qualification in housing management, or
(b) are working towards such a qualification or type of qualification.
(4) Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—
(a) have a specified qualification in housing management or type of qualification in housing management, or
(b) are working towards such a qualification or type of qualification.
(5) Each of the following is a “relevant manager” of a services provider—
(a) if the services provider is a relevant individual, that individual;
(b) a senior housing executive of the services provider;
(c) a senior housing manager of the services provider.
(6) A qualification or type of qualification specified for a senior housing executive may only be—
(a) a foundation degree, or
(b) a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.
(7) A qualification or type of qualification specified for a senior housing manager or for an individual described in subsection (5)(a) may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.
(8) The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.
(9) Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.
(10) See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).
194AA Meaning of “services provider”, “senior housing executive” and “senior housing manager”
(1) This section makes provision about the meaning of terms for the purposes of section 194A.
(2) “Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.
(3) For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.
(4) “Senior housing executive” of a registered provider means a relevant individual who—
(a) is an employee or officer of the registered provider,
(b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and (c) is part of the registered provider’s senior management.
(5) “Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—
(a) is—
(i) an employee of the services provider,
(ii) an officer of the services provider, or
(iii) if the services provider is a partnership, a partner in the partnership,
(c) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and (c) is part of the services provider’s senior management.
(6) For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—
(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
(b) the management or organisation of the whole or a substantial part of such activities.
(7) “Senior housing manager” of a registered provider means a relevant individual who—
(a) is an employee of the registered provider, and
(b) is a senior housing and property manager for the registered provider.
(8) “Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who— (a) is an employee of the services provider,
(b) is a senior housing and property manager for the services provider, and
(c) is involved in the provision of services in connection with the management of social housing provided by the registered provider.
(9) For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
(10) In this section—
“employee” includes a person employed under a contract of apprenticeship;
“relevant individual” has the same meaning as in section 194A.
(11) The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—
Services provider | Meaning of “officer” |
Registered charity which is Trustee, secretary or treasurer not a registered company | |
Registered society | “Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee) |
Registered company | “Officer” within the meaning given by section 1173 of the Companies Act 2006 |
Limited liability partnership | A member of a limited liability partnership.” |
“(3) Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.
(4) The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194AA(2)).
(5) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).”
(3) In section 197 of that Act (direction by Secretary of State), after subsection (5) insert—
“(5A) Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194AA(2)).”
(4) After section 217 of that Act insert—
“217A Implied terms of management services agreements relating to qualifications
(1) Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).
(2) In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.
(3) For the purposes of subsection (2)—
(a) an agreement does not include a contract of employment or a contract of apprenticeship, and
(b) the services recipient may be the registered provider or another person.
(4) The terms are that—
(a) the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;
(b) in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;
(c) the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.
(5) A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—
(a) a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and
(b) the manager has or (as the case may be) is working towards such a qualification, or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).
(6) A term of a management services agreement is not binding on the services recipient to the extent it would—
(a) exclude or restrict the liability of the services provider for breach of a term implied by this section, or
(b) prevent an obligation under a term implied by this section arising or limiting its extent.
(7) In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).”
(5) In consequence of the amendment made by subsection (4), in section 192 of that Act—
(a) in paragraph (d), omit the final “and”;
(b) at the end of paragraph (e) insert “, and
(f) makes provision about terms to be implied into management services agreements (section 217A).”””
Baroness Scott of Bybrook
That this House do agree with the Commons in their Amendments 14 to 55.
(i) their tenants’ rights in connection with those things, and
(ii) how to make complaints against registered providers,”
“Secretary of State’s duty to give direction about providing information to tenants
(1) The Secretary of State must give a direction to the Regulator of Social Housing under section 197(2A) of the Housing and Regeneration Act 2008 about setting a standard under section 194B of that Act (standards relating to information and transparency) for the purpose of securing that registered providers of social housing are required to provide their tenants of low cost rental accommodation with information about—
(a) their tenants’ rights in connection with the low cost rental accommodation and with facilities or services provided in connection with that accommodation, and (b) how their tenants can make a complaint against them. (2) The Secretary of State must give the direction before the end of the period of six months beginning with the day on which this Act is passed.
(3) In this section—
“low cost rental accommodation” means accommodation which—
(a) is low cost rental accommodation (as defined in section 69 of the Housing and Regeneration Act 2008) provided by a registered provider of social housing, and (b) is not low cost home ownership accommodation (as defined in section 70 of that Act); “tenant”, in relation to low cost rental accommodation, includes other occupiers.”
“(8) Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or (b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
“(9) Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
(10) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.”
“(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or (b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
“(5A) Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.”
“Action after inspection
(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) In section 202 (inspections: supplemental), omit subsections (1) to (3).
(3) In section 203(12) (definition of “inspector”), after “this section” insert “and section 203A”.
(4) After section 203 insert—
“203A Action after inspection
(1) After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—
(a) a written summary of the inspector’s findings, and
(b) a written report about any matters specified by the regulator.
(2) The summary and any report must be in the form specified by the regulator.
(3) The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.
(4) The regulator must give the registered provider a copy of the summary of the inspector’s findings.
(5) The regulator must also give the registered provider—
(a) a copy of the inspector’s report, or (b) a notice confirming that no matters were specified for the purposes of subsection (1)(b). (6) The regulator may publish—
(a) all or part of the summary of the inspector’s findings, (b) (where relevant) all or part of the inspector’s report, and (c) related information.””
“(5) Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or (b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
“(6) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.”
“(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or (b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
“(5A) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.”
“Power of housing ombudsman to issue guidance to scheme members
(1) The Housing Act 1996 is amended as follows.
(2) In the italic heading before section 51, for “complaints” substitute “ombudsman”.
(3) After section 51 insert—
“51ZA Power of housing ombudsman to issue guidance to scheme members
(1) This section applies where a scheme is approved by the Secretary of State under Schedule 2.
(2) The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.
(3) Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—
(a) the Regulator of Social Housing,
(b) members of the scheme, and
(c) individuals who may make complaints under the scheme.
(4) If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.
(5) Subsection (7) applies if—
(a) an individual makes a complaint against a member of the scheme,
(b) the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and
(c) it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.
(6) The conditions referred to in subsection (5)(b) are that— (a) the complaint is made to the member of the scheme,
(b) the complaint is one that the individual could subsequently make under the scheme, and
(c) the individual has notified the ombudsman about the complaint.
(7) The housing ombudsman may order the member of the scheme to—
(a) assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and
(b) within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.
(8) If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.
(9) If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—
(a) take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and (b) recover from the member the costs of doing so.
(10) In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.””
“Social housing leases: remedying hazards
After section 10 of the Landlord and Tenant Act 1985 insert—
“Implied term as to remedying of hazards
10A Remedying of hazards occurring in dwellings let on relevant social housing leases
(1) This section applies to a lease of a dwelling if—
(a) the dwelling is in England,
(b) the lease is a relevant social housing lease, and
(c) section 9A—
(i) applies to the lease (see section 9B), or
(ii) would apply to the lease if the provision in section 9B(3) did not exist.
(2) There is implied in the lease a covenant by the lessor that the lessor will comply with all prescribed requirements that are applicable to that lease.
(3) The Secretary of State must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations.
(4) Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2).
(5) In any proceedings for a breach of the covenant that is implied by subsection (2), it is a defence for the lessor to prove that the lessor used all reasonable endeavours to avoid that breach.
(6) For the purposes of this section a lease is a “relevant social housing lease” at any time when—
(a) the lessor under the lease is a registered provider of social housing, and
(b) the dwelling leased under the lease—
(i) is social housing, but
(ii) is not low cost home ownership accommodation.
(7) In this section and section 10B—
“lease”, “lessor” and “lessee” have the same meanings as in section 9A (see section 9A(9));
“low cost home ownership accommodation” has the meaning given in section 70 of the Housing and Regeneration Act 2008;
“prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3));
“prescribed requirement” means a requirement prescribed in regulations under subsection (3);
“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act).
10B Regulations under section 10A: supplementary provision
(1) Regulations under section 10A(3) may apply to—
(a) leases granted before the day when section (Social housing leases: remedying hazards) of the Social Housing (Regulation) Act 2023 came into force;
(b) prescribed hazards which began before that day; (c) only some descriptions of prescribed hazards.
(2) Regulations under section 10A(3) may—
(a) specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the lessor or another person);
(b) specify two (or more) periods in relation to particular action.
(3) Regulations under section 10A(3) may (in particular)—
(a) require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;
(b) require the lessor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the lessor—
(i) to investigate whether or how a prescribed hazard is affecting the leased dwelling, or
(ii) to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them;
(c) require the lessor to take action in relation to a prescribed hazard only—
(i) in particular circumstances, or
(ii) if particular conditions are met;
(d) provide that the lessor is not required to take action in relation to a prescribed hazard— (i) in particular circumstances, or
(ii) if particular conditions are met.
(4) The Secretary of State may by regulations—
(a) provide for section 10A not to apply to particular descriptions of leases;
(b) make provision, in relation to the covenant that is implied by section 10A(2), which corresponds to any provision made by section 9A(4) to (8).
(5) A power to make regulations under section 10A or this section includes power to make—
(a) incidental, transitional or saving provision; (b) different provision for different purposes.
(6) The power to make transitional or saving provision may (in particular) be used to make provision about situations where the covenant in section 10A(2)—
(a) begins to be implied in a lease after its grant because it
becomes a relevant social housing lease;
(b) ceases to be implied in a lease because it ceases to be a relevant social housing lease (including provision to save the lessor’s liability for any breach of the covenant occurring before it ceases to be implied).
(7) Regulations under section 10A or this section are to be made by statutory instrument.
(8) A statutory instrument containing regulations under section 10A or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.””
“(aa) be signed by, or on behalf of, the petitioner,”
and insert—
“(aa) be signed by, or on behalf of, the registered provider,”
“(aa) be signed by, or on behalf of, the person who made the ordinary administration application,”
“(aa) be signed by, or on behalf of, the person making the appointment,”
“(aa) be signed by, or on behalf of, the person intending to enforce the security.”
“(aa) in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”;”
“43A After section 276A (inserted by section 34) insert—
“276B Data protection
(1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part. (2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation). (3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).””