The Committee consisted of the following Members:
Chairs: Sir Roger Gale, Carolyn Harris, † Martin Vickers, Matt Western
Abdi-Wali, Sagal (Holborn and St Pancras) (Lab)
† Amos, Gideon (Taunton and Wellington) (LD)
† Argar, Edward (Melton and Syston) (Con)
† Bacon, Gareth (Orpington) (Con)
† Beales, Danny (Uxbridge and South Ruislip) (Lab)
† Blake, Rachel (Cities of London and Westminster) (Lab/Co-op)
† Brackenridge, Sureena (Wolverhampton North East) (Lab)
† Caliskan, Nesil (Barking) (Lab)
† Cocking, Lewis (Broxbourne) (Con)
Costigan, Deirdre (Ealing Southall) (Lab)
† Dillon, Mr Lee (Newbury) (LD)
† Foy, Mary Kelly (City of Durham) (Lab)
† Pennycook, Matthew (Minister for Housing and Planning)
† Slinger, John (Rugby) (Lab)
† Spencer, Patrick (Central Suffolk and North Ipswich) (Con)
† Turner, Laurence (Birmingham Northfield) (Lab)
† Yemm, Steve (Mansfield) (Lab)
Lucinda Maer, Dr Adam Evans, Emma Elson, Harriet Deane, Committee Clerks
† attended the Committee
Public Bill Committee
Tuesday 3 November 2026
[Martin Vickers in the Chair]
Social Housing Bill [Lords]
09:25
The Chair
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Hansard
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I have a few preliminary reminders. Please switch electronic devices to silent mode. No food or drink is permitted during the sittings, other than the water provided. Hansard would be grateful if Members could email their notes or pass them to the Hansard colleague in the room.
New Clause 36
Fiscal impact assessment
“(1) Within six months of the passing of this Act, the Secretary of State must publish and lay before Parliament an assessment of the fiscal impact of this Act.
(2) The assessment under subsection (1) must consider—
(a) any impact on local authority finances;
(b) an analysis of the extent to which social housing represents value for money for Government expenditure; and
(c) any changes to the financial ability of social housing tenants to access Right to Buy.”—(Gareth Bacon.)
This new clause would require the Secretary of State to carry out a fiscal impact assessment of the Act.
Brought up, and read the First time.
The Chair
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Hansard
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With this it will be convenient to discuss the following:
New clause 54—Review of the impact of this Act on home ownership—
“(1) Within two years beginning with the day on which this Act is passed, the Secretary of State must publish a review of the impact of this Act on the number of social housing tenants becoming homeowners in the previous year, relative to each of the preceding ten years.
(2) The review under subsection (1) must include an assessment of the impact of this Act on—
(a) the number of Right to Buy applications,
(b) the number of completed Right to Buy purchases, and
(c) the ages of former social tenants who successfully purchased their homes through Right to Buy,
in the calendar year prior to the review.
(3) The Secretary of State must lay a copy of this review before both Houses of Parliament.”
This new clause would require a review of the impact of this Act on rates of home ownership among social housing tenants.
New clause 59—Review of the impact of the Act—
“(1) The Secretary of State must, within 12 months of the passing of this Act, conduct and publish a review of the impact on the Act on—
(a) the supply and retention of social housing;
(b) the extent to which social housing tenants’ rights are protected by the provisions of the Act;
(c) the exercise of the right to buy; and,
(d) the exercise of the right to acquire.
(2) The Secretary of State must lay the review before Parliament together with a statement setting out any proposed actions in response to its findings.”
This new clause would require the Secretary of State to carry out a review of the impact of the Act on the supply and retention of social housing, tenants' rights, and Right to Buy and Right to Acquire.
Gareth Bacon
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Hansard
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Excerpts
Good morning, Mr Vickers. It is nice to resume our proceedings under your chairmanship.
The Bill will change how social housing is funded, how receipts are used and who can afford to buy their home. Understandably, that will create unhelpful uncertainty for local authorities and social housing providers and, by extension, for tenants. Local authorities are right to be anxious, because clause 10 hands the Secretary of State sweeping powers over capital receipts, and councils cannot plan if they do not know what they will lose or gain.
New clause 36 would simply require the Secretary of State, within six months of Royal Assent, to publish and lay before Parliament a fiscal impact assessment. It must examine the effect on local authority finances, whether social housing offers value for money for the taxpayer and how the Bill changes tenants’ financial ability to use right to buy. If the Government are confident in their figures, they have nothing to fear from publishing them.
The Bill represents an assault on the aspiration of social housing tenants to own their own homes. It is an ideological attack on a policy that, for over 40 years, has given millions of people the opportunity to get on the housing ladder who might otherwise never have been able to do so. By extending the qualifying period and slashing discounts, the Government are effectively seeking to abolish people’s right to buy their own home, and to force residents into renting for longer and longer.
My new clause 54 would therefore require a review of the impact of the Bill on the rates of home ownership among social housing tenants. The impact assessment shows a dramatic projected decline in right-to-buy sales within the first two years of the Bill coming into force, with sales nearly halving. With little effort to support people on to the housing ladder, and with cuts to measures such as first-time buyer stamp duty relief, the Government are tearing up not only one of the most effective routes to home ownership for social housing tenants, but one of the only routes, full stop. That is why it is critical that we understand the Bill’s full impact and demonstrate the disaster that awaits social housing tenants who aspire not just to live in their own home, but to own it.
Mr Lee Dillon (Newbury) (LD)
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Hansard
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Excerpts
It is a pleasure to serve under your chairship, Mr Vickers. I rise to speak to new clause 59, which, in a similar spirit to the official Opposition’s new clauses 36 and 54, asks that the Secretary of State carry out a review. My new clause asks that the review takes place 12 months after Royal Assent.
We come at this with a different aspiration: I feel the Opposition amendments have been tabled to catch the Government out, whereas we support the objectives of the Bill. However, although we support the changes to right to buy and the tightening of stock disposal, it is only right that the House be able to see, via a review by the Secretary of State within 12 months, whether those objectives have indeed been met or whether we need to legislate further to continue to protect social housing stock, on which we are in full agreement with the Government.
The Minister for Housing and Planning (Matthew Pennycook)
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Hansard
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Excerpts
It is a pleasure to continue our proceedings with you in the Chair, Mr Vickers. I will speak to new clauses 36, 54 and 59. Members of the Committee will have heard my opinion of the merits of Opposition amendments that seek further statutory reviews in general, so they can guess where I am heading with some of these.
Although we share the aim of ensuring that the impact of our reforms is properly understood, the Government do not believe that further statutory review requirements are necessary or proportionate. We have already published an economic impact assessment. We have arrangements in place to monitor the effects of the Act. The impact on businesses is expected to be de minimis, with estimated direct costs well below £1 million.
New clause 59 would specifically require a review within 12 months covering the supply and retention of social housing, tenants’ rights, the right to buy and the right to acquire. Many of the measures in the Bill will take time to bed in, so a statutory review within that timeframe risks providing only a partial picture of their impact. More broadly, the Government already publish comprehensive data on social housing sales and demolitions, right-to-buy sales and replacements, local authority housing stock levels and new affordable housing supply, including detailed local authority-level data. We will continue to monitor the impact of the reforms through these existing datasets and established statistical releases. We therefore do not think that new clause 59 is warranted.
On the specific issue of home ownership raised by new clause 54, a core aim of the right-to-buy measures in the Bill is to ensure that social homes are not sold off without being replaced. I therefore agree with hon. Members about the importance of monitoring these reforms and their impact. However, imposing additional statutory review requirements would risk duplicating existing analysis without providing a more meaningful assessment of the Act’s effects. The Government’s priority is to implement these important reforms and monitor their impact effectively through the arrangements already in place. For those reasons, I am afraid we cannot accept new clauses 36, 54 and 59.
Gareth Bacon
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Hansard
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Excerpts
I have listened carefully to the Minister. In the light of what he says, we will withdraw new clause 36. However, when the time comes, we will press new clause 54 to a Division. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 37
Provision of social housing: foreign public office holders and associated persons
“(1) The Secretary of State may issue guidance concerning the provision of social housing by foreign public office holders.
(2) A local housing authority must have regard to any guidance issued by the Secretary of State concerning applications for social housing made by foreign public office holders and associated persons including—
(a) persons holding senior public office in a foreign state; and
(b) spouses or civil partners of such persons;
(3) Guidance under subsection (1) may include provision relating to—
(a) public office holders subject to sanctions imposed by the United Kingdom;
(b) disclosure requirements; and
(c) verification of overseas assets.
(4) The Secretary of State must lay any guidance issued under this section before Parliament.”—(Gareth Bacon.)
This new clause would require guidance relating to social housing eligibility for certain foreign public office holders and associated persons.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 38
Illegal subletting of social housing: enforcement review
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before Parliament a review of the effectiveness of enforcement activity relating to illegal subletting of social housing.
(2) The review under this section must include information on—
(a) numbers of prosecutions,
(b) numbers of properties recovered, and
(c) any barriers to enforcement.”—(Gareth Bacon.)
This new clause would require a review of enforcement activity relating to illegal subletting of social housing.
Brought up, and read the First time.
Gareth Bacon
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Hansard
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Excerpts
I beg to move, That the clause be read a Second time.
Every home that is illegally sublet is a home taken from a family who need it. With waiting lists as long as they are, that is nothing short of theft from the public. It is also unfair to the many tenants who play by the rules. We know that the problem exists, yet we have little idea of how well it is being tackled. How many prosecutions are brought? How many properties are actually recovered? What stops landlords and councils acting?
The new clause answers those questions. Within 12 months of Royal Assent, the Secretary of State must publish and lay before Parliament a review of enforcement activity. It would set out the number of prosecutions, the number of properties recovered and the barriers to enforcement. The Bill claims to be about making better use of social housing stock. Freeing up homes that are being misused is the obvious place to start.
Matthew Pennycook
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Hansard
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Excerpts
I thank the shadow Minister for tabling and speaking to the new clause. The Government want to ensure that social housing is used effectively and efficiently to meet housing need. Tackling illegal subletting is an important element of that. We are clear that landlords should be taking action to clamp down on such unacceptable practices. I very much agree with the shadow Minister’s comments about how unacceptable they are; they are a misuse of social housing.
New clause 38 would require the Secretary of State, within 12 months of Royal Assent, to publish and lay before Parliament a review of the effectiveness of enforcement activity relating to the illegal subletting of social housing. The review would have to include information on numbers of prosecutions, numbers of properties recovered and any barriers to enforcement.
As I have already set out, the Government are undertaking a review of social housing stock management that specifically considers unlawful subletting and tenancy fraud. It would be premature, in our view, to legislate for a separate enforcement review before that work has concluded. The findings of the stock management review will inform any future action; I can give the shadow Minister that assurance.
In addition, much of the information that the new clause seeks to collect is already collected through other sources, including local authority housing statistics. New statutory reporting requirements would add limited value, while placing additional burdens on local authorities and registered providers. The shadow Minister is a man who wants to deregulate and remove burdens, so I am again surprised that he is urging the Government to add new burdens and requirements on local authorities. In our view, they are not warranted; we think they would risk diverting resources away from frontline housing management and service delivery.
Where unlawful occupation of social housing properties occurs, the Government expect landlords to take active steps to tackle fraud and ensure that social housing is used fairly, which may include taking legal action. The Government are already taking targeted action to detect tenancy fraud and recover social homes. Through the Cabinet Office’s national fraud initiative, tenancy records from local councils and participating housing associations are routinely cross-matched against wider public sector data to identify unlawfully occupied properties, saving the public purse an estimated £78,300 for every home recovered.
On 8 July, the Government also announced a new innovative data-sharing partnership between the Public Sector Fraud Authority and Airbnb. This first-of-its-kind agreement, led by the PSFA within the Cabinet Office, will ensure that social housing properties remain there for families who need them, not in the hands of criminals. This is a clear example of the Government taking action on fraud. For those reasons, I respectfully ask the shadow Minister to withdraw the new clause.
Gareth Bacon
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Excerpts
On balance, I will accede to the Minister’s request. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 39
Standards relating to maintenance of social housing
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish guidance relating to standards for the maintenance of social housing.
(2) Guidance under this section must include detailed instructions for full compliance with the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (S.I. 2025/1042).
(3) Guidance under this section must also include provision relating to—
(a) damp and mould,
(b) electrical safety,
(c) response times for repairs, and
(d) tenant complaints procedures.
(4) Registered providers must have regard to guidance issued under this section.”—(Gareth Bacon.)
This new clause would require the Government to issue guidance relating to maintenance standards in social housing.
Brought up, and read the First time.
The Chair
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Hansard
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With this it will be convenient to discuss the following:
New clause 47—Social responsibilities of registered providers—
“(1) The Secretary of State must, within six months of the passing of this Act, publish guidance concerning the social responsibilities of registered providers of social housing.
(2) Guidance under this section must include consideration of—
(a) tenant wellbeing,
(b) estate management,
(c) anti-social behaviour,
(d) community engagement,
(e) neighbourhood quality, and
(f) support for vulnerable tenants.”
This new clause would require the Government to provide guidance on the wider social responsibilities of registered providers.
New clause 48—Review of registered providers of social housing: governance—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before Parliament a review of the governance arrangements of registered providers of social housing.
(2) The review under this section must consider—
(a) board composition;
(b) accountability to local communities;
(c) the role of elected representatives;
(d) tenant representation;
(e) transparency and scrutiny arrangements; and
(f) the publication of performance information.
(3) A report of the review must be laid before Parliament within 12 months of the day on which this Act is passed.”
This probing new clause would require a review of governance arrangements within registered providers of social housing.
New clause 49—Social housing governance standards—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish guidance on minimum governance standards for registered providers of social housing.
(2) Guidance under this section must include provision on
(a) financial transparency,
(b) tenant representation, and
(c) publication of performance criteria.”
This new clause seeks to strengthen governance and transparency among registered providers.
New clause 50—Attendance before local authority scrutiny committees—
“(1) A senior officer of a registered provider of social housing must attend a meeting of a local authority overview and scrutiny committee if—
(a) complaints have been made about the performance of the registered provider in relation to the quality or provision of social housing, and
(b) the registered provider is requested to attend the meeting by that authority.
(2) Subsection (1) applies only where the registered provider owns or manages more than 10% of the social housing stock within the authority’s area.”
This new clause would enable local authorities to require senior housing association representatives to attend scrutiny committee meetings.
New clause 51—Quarterly performance information—
“(1) Registered providers of social housing must, within six months of the passing of this Act and every three months thereafter, publish quarterly performance information.
(2) The information published must include—
(a) repairs which are not completed within 6 months,
(b) complaints received and upheld,
(c) instances of antisocial behaviour,
(d) percentage of tenants satisfied with their housing service, and
(e) number of properties void for longer than three months.”
This new clause would require housing associations to publish quarterly performance information.
New clause 61—Social housing quality standards—
“After section 92K (fundamental objectives), of the Housing and Regeneration Act 2008, insert—
‘923KA Quality standards
(1) In discharging the regulator’s objectives under subsection (3) of section 92K (fundamental objectives), the regulator must, within twelve months of the passing of the Social Housing Act 2027, publish—
(a) specific quality standards (the “Home and Place Standard”) for social housing; and
(b) a methodology for assessing providers against those standards.
(2) The Home and Place Standard published under this section must include provision on—
(a) the quality of—
(i) homes,
(ii) service to tenants, and
(iii) surrounding environment, including green space and access to transport links; and
(b) the long-term environmental sustainability of social housing developments.’”
This new clause would require the Regulator of Social Housing to publish a new Home and Place Standard, along with plans to assess social housing providers against those standards.
Gareth Bacon
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Hansard
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Excerpts
Every hon. Member will have heard from constituents living with damp, mould, faulty wiring or repairs that never arrive. The death of Awaab Ishak shamed this country, and we all promised that it would never happen again. Since then, the Government have introduced new housing regulations, but regulations alone do not help a landlord who is unsure what compliance looks like, or a tenant who does not know what to expect.
New clause 39 attempts to fill that gap. Within 12 months of Royal Assent, the Secretary of State would be required to publish guidance including detailed instructions for full compliance with the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. It would also cover damp, mould, electrical safety, response time for repairs and complaints procedures. Registered providers would have to have regard to it. Clear standards protect tenants and give good landlords certainty.
On new clause 47, social homes are safe havens for some of the most vulnerable in our society. Whether they face destitution, abuse or persecution, some of those with the greatest need in our society find their safety and peace in social housing, yet for too many residents, estates are poorly managed, antisocial behaviour is rife and tenants are unsupported. Residents must not bear the burden of poor management practices. My new clause 47 would therefore require the Secretary of State, within six months of Royal Assent, to publish guidance on the social responsibilities of providers.
Up and down the country, many providers already exercise good practice and due diligence and uphold their social responsibilities. However, there exists a small fraction within the system who do not fulfil their responsibilities as required. New clause 47 would strengthen the Government’s hand in ensuring and enforcing good practices and would give tenants greater protections against unscrupulous behaviours.
On new clause 48, social housing is not an issue that ends with the housing of vulnerable people; it begins with it. Once homes are found for those in need, it is vital that registered providers be properly managed, run and governed. At present, I believe that not enough is done to ensure that. My new clause 48, a probing clause, would therefore require a review of governance arrangements within registered providers of social housing. It should not be the case that, just because someone is vulnerable, they have little say in how their estate is run, who runs it or what agreements are being made. That is why new clause 48 has a specific focus on key points such as accountability to local communities. We want to see a fair and accountable social housing sector, and I call on the Minister to assure the Committee of that future here today.
On new clause 49, registered providers are responsible for nearly 3 million homes—about 63% of all the homes that make up the national social housing stock. In some parts of the country, housing association stock outweighs that of local authorities by huge margins. In the north-west, 86% of stock is owned by private registered providers. Tenants in such housing deserve nothing less than openness and clarity about how their estates are run. New clause 49 would require the Secretary of State to publish, within 12 months of Royal Assent, guidance on minimum governance standards, covering financial transparency, tenant representation and publication of performance criteria. New clause 49 is a probing amendment. It aims for clearer standards, not red tape. It makes a simple and straightforward ask, and I hope the Minister will give assurances on that point.
On new clause 50, social housing residents deserve accountability. Where life has dealt a weak hand, where the unexpected has created hardship or where vulnerabilities have led to inhibitions, social housing should be a fair, open and accountable backstop. That is why new clause 50 seeks to enable local authorities to require senior housing association representatives to attend scrutiny committee meetings. For the most vulnerable in society, protections are essential, so it is necessary to scrutinise the performance of registered providers. As I say, the vast majority of providers are fair, efficient and honest, but it is unfair on tenants to assume that without checking. That is why I tabled new clause 50.
Finally, on new clause 51, across the public and private sectors it is good practice to evaluate and publicise the performance of any department, business or team. The same practice should apply to registered housing providers. That is why I tabled new clause 51, which would require housing associations to publish quarterly performance information, including on vital indicators such as repairs left incomplete after six months, complaints, antisocial behaviour, levels of tenant satisfaction and void properties. Those are critical issues that cannot be left unsolved in an efficient and trustworthy social housing system.
Mr Dillon
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I rise to speak in support of my new clause 61, which is a probing amendment. As the new clause outlines, a home and place standard would be a design and place-making framework for an organisation to enable the measurement of housing quality, to guide strategic investment and to shape resident wellbeing. The core pillars of such a standard should focus on customers, on homes and on the place. It should also make sure that social housing providers are part of a sustainable future.
Although it may not be appropriate to mandate in the Bill a standard on to private registered providers, I would be keen to hear from the Minister how his Department is shaping the future standards for the sector and encouraging those PRPs to go further: to think beyond just their bricks and mortar, and about where their homes are situated, about the role they play on an estate, about the role that they can play in a town, about encouraging sustainable transport into new developments and about having a holistic approach to what makes social housing so important and making it even more successful.
Matthew Pennycook
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Hansard
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Excerpts
I will begin by speaking to new clause 39. I welcome the shadow Minister’s comments on standards and decency. It is reassuring to know that his deregulatory zeal does not extend to Awaab’s law, the decent homes standard or minimum energy efficiency standards.
As well as delivering the biggest increase in social and affordable house building in a generation, we are determined to drive a transformational and lasting change in the safety and quality of social housing. Maintenance is a critical part of that. We have set out the standards required for social housing through the decent homes standard. In the coming months, we will provide more detailed guidance on how landlords can meet that standard. We have also published electrical safety guidance that sets out rights and responsibilities for landlords, local authorities and tenants.
On complaints, social landlords are already subject to the Housing Ombudsman’s statutory complaint handling code. We are working closely with the ombudsman to ensure that it has the resources and capacity to meet increased demand and support better complaint handling by landlords. We have also introduced Awaab’s law, with its clear time-bound requirements on social landlords to investigate hazards and take action. Ahead of phase 2 of that law coming into force on 30 November, we have published updated guidance to support landlords to comply with its requirements.
Awaab’s law promotes a person-centred approach, putting the need to make individuals safe at the heart of legislation. Again, I commend the Opposition, because it was a Conservative Act of Parliament that provided the powers to introduce Awaab’s law into the social rented sector. However, in our view it would not be appropriate for the Government to tell landlords how to put individuals at the heart of the legislation, as the solutions will vary depending on individual circumstances. For that reason, we do not believe that the additional guidance called for in the new clause is necessary.
09:45
I turn to new clauses 47 and 61, tabled by the shadow Minister and the hon. Member for Newbury respectively. New clause 47 would require the Secretary of State to publish guidance on the social responsibilities of registered providers of social housing, and new clause 61 would require the regulator to publish a home and place standard, alongside a methodology for assessing providers against that standard.
All registered providers of social housing must deliver the outcomes set out in the regulatory standards that are set by the independent regulator. Those standards specify a range of outcomes, including those relating to the safety and quality of homes, where providers must have a good understanding of the condition of their homes and meet the decent homes standard. They require providers to treat their tenants with fairness and respect and to take action to deliver fair and equitable outcomes for them. The standards also set outcomes relating to the role that social housing providers must play to support social, environmental and economic wellbeing within the areas in which they operate, and they require registered providers to work in partnership with the local authority, the police and other relevant organisations to deter and tackle antisocial behaviour.
The regulator seeks assurance from registered providers that the outcomes set out in those standards are being met, including through routine inspections of large registered providers, and it has a range of enforcement powers at its disposal, where required. Taking all of that into account, I am of the view that neither an additional quality standard nor further guidance on the social responsibilities of registered providers is necessary.
I turn to new clauses 48 and 49. New clause 48 would require the Secretary of State to undertake a review of the governance arrangements of registered providers of social housing, while new clause 49 would require the Secretary of State to publish guidance establishing minimum governance standards for registered providers. I agree that strong governance, transparency and accountability are fundamental to a well-functioning social housing sector, but it is my view that strong governance mechanisms are already in place.
Private registered providers are already subject to the governance and financial viability standard set by the regulator. The standard requires providers to have effective governance arrangements that deliver their aims and intended outcomes for tenants in an effective, transparent and accountable manner. It also requires them to be accountable to tenants, the regulator and relevant stakeholders.
All registered providers must also meet the transparency, influence and accountability standard, which requires providers to give tenants meaningful opportunities to influence and scrutinise their strategies, policies and services. Providers are required to publish information about their performance through the tenant satisfaction measures. The regulator is currently considering how its approach to economic regulation should evolve, through its “More and better and social homes” discussion document, including how regulation of governance can be strengthened. In that light, I do not think that either a separate statutory review or further guidance from the Secretary of State is necessary.
New clause 50, which was also tabled by the shadow Minister, would require senior officers of registered providers to attend local authority overview and scrutiny committees in certain circumstances. The Government recognise the importance of strong relationships between PRPs and local authorities, and we are committed to giving local leaders more influence over housing in their local areas. Social housing providers have an important role to play in their communities. We expect them to work constructively with local authorities and to respond openly and transparently where concerns arise. In that context, I should hope that senior officers of registered providers would be willing to engage with their local authority in whatever form was most suitable to the specific circumstance.
Although oversight of registered providers is important, it is my view that it would be disproportionate to require a senior officer of a registered provider to attend a local authority’s overview and scrutiny committee meeting. We are bringing forward an enhanced scrutiny regime through schedules 4 and 5 to the English Devolution and Community Empowerment Act 2026, which makes provision for local scrutiny committees for mayoral strategic authorities. Those will have the power to require a key person to attend meetings or provide information where required. A “key person” can mean the mayor, deputy mayor, mayoral commissioners, officers of the authority and members of the authority with policy responsibilities, as well as others who will be specified in regulations.
Matthew Pennycook
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Excerpts
The right hon. Gentleman’s point is well made; the set of arrangements that I have just specified apply to mayoral strategic authorities. It is worth making clear, though, that where there are concerns that a registered provider is not meeting the outcomes in the regulatory standards, it can be referred to the independent Regulator of Social Housing, so this is not the only route. I am talking just about the new measures on local authority scrutiny that are coming forward through the 2026 Act, but the right hon. Gentleman tempts me to debate an issue that is much wider than the scope of the new clauses.
New clause 51 would require all registered providers to publish specified information on their performance every three months. The Government are committed to ensuring that tenants have clear and meaningful information about their landlord’s performance and are able to hold them to account. I also recognise the importance of continuing to improve the quality of the data available and ensuring that it is used effectively to identify emerging risks and drive better outcomes for tenants. However, there is already an extensive framework in place to achieve this.
All registered providers are required annually to publish tenant satisfaction measures, which cover many of the areas identified in the new clause, including repairs, complaints, antisocial behaviour and tenants’ overall satisfaction with their landlord. Those measures sit alongside a much wider range of regulatory, financial and statistical information collected by the regulator, including information on providers’ stock and rents. The regulator’s transparency, influence and accountability standard also requires all registered providers to collect and provide information that supports effective scrutiny by tenants of their landlord’s performance.
I am mindful of the need to keep reporting requirements on registered providers proportionate and to minimise administrative burdens. It is my view that the current framework strikes the right balance. For those reasons, I do not believe that prescribing a further quarterly reporting regime in primary legislation is necessary or proportionate. I therefore hope that the hon. Members for Orpington and for Newbury will not press their new clauses.
Gareth Bacon
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I thank the Minister for his lengthy answer. I will accede to his wishes and will not press my new clauses. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 40
Fixed-term tenancies for social housing
“Nothing in this Act prevents a local housing authority or registered provider from granting a fixed-term tenancy for social housing in accordance with existing enactments.”—(Gareth Bacon.)
This new clause would preserve local authority discretion to use fixed-term tenancies for social housing.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 41
Shared ownership strategy
“(1) Within 12 months of the passing of this Act, the Secretary of State must publish and lay before Parliament a strategy for increasing opportunities for access to the shared ownership scheme.
(2) The strategy under this section must include proposals relating to—
(a) first-time buyers,
(b) key workers,
(c) housing association provision, and
(d) staircasing arrangements.
(3) For the purposes of this section, ‘staircasing’ means the practice of buying additional shares in a Shared Ownership home in order to increase overall equity.”—(Gareth Bacon.)
This new clause would require publication of a strategy for expanding shared ownership.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 42
Review of income eligibility for social housing
“(1) Within two years of the passing of this Act and every five years thereafter, the Secretary of State must review income eligibility thresholds for social housing.
(2) A review under subsection (1) must include consideration of the following trends over the previous five years—
(a) household earnings,
(b) regional housing costs,
(c) housing affordability, and
(d) levels of demand for social housing.
(3) The Secretary of State must publish the findings of each review and lay them before Parliament.”—(Gareth Bacon.)
This new clause would require regular reviews of income eligibility thresholds for social housing.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 43
Assessment of social housing demand arising from inward migration
“(1) The Secretary of State must publish and lay before Parliament annual estimates of any additional social housing demand arising from inward migration over the previous year.
(2) Estimates under subsection (1) must include regional assessments of demand.”—(Gareth Bacon.)
This new clause would require publication of estimates of social housing demand arising from net migration.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 52
Periodic review of applications for social housing
“(1) Local housing authorities must review applications held on a housing register at least once every three years.
(2) The purpose of a review under subsection (1) is to determine whether each applicant—
(a) remains eligible for social housing,
(b) wishes to remain on the register, and
(c) continues to require the level of housing priority previously awarded.”—(Gareth Bacon.)
This new clause would require housing register applications to be reviewed at least every three years to ensure that waiting lists remain accurate and up to date.
Brought up, and read the First time.
Gareth Bacon
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I beg to move, That the clause be read a Second time.
The most recent data available to us shows that the waiting list for social housing stands at a shocking and shameful 1.34 million people. However, that data, which comes from a Ministry of Housing, Communities and Local Government publication from March 2025, is now well out of date. To understand one of the fundamental problems that we are here to rectify, which is how to get people off the streets, out of temporary accommodation and into social housing, we must understand the full scale of the issue before us.
My new clause 52 would therefore require housing register applications to be reviewed at least every three years to ensure that the waiting list remains accurate and up to date. Without that, it is impossible for resources to be properly distributed, stock to be efficiently allocated and decisions to be made promptly. Efficiency means more than people getting a roof over their head and a place to call home. That is why I believe the proposals in my new clause would make essential and much-needed changes to the system.
Matthew Pennycook
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I thank the shadow Minister for tabling and speaking to this new clause. I am enjoying the irony of a shadow Minister who bemoans this Government’s, in his words, zealous overcentralisation and penchant for regulation, but who proposes a new clause that would impose on local authorities a statutory requirement to review their housing register at least once every three years—a new duty that would create additional administrative burdens—without any evidence that it would improve allocation decisions.
Local authorities take different approaches to managing their housing register. It is right that they have the flexibility to do what works best for their own local area. In addition, councils already reassess housing need both before a household joins a waiting list and again before allocating a social home, and thereby ensure that social homes go to those most in need.
09:59
In August, as I have mentioned a number of times in Committee, we launched a call for evidence for our review of the statutory guidance on social housing allocations. That review gives us an opportunity to consider whether clearer expectations would help local authorities to maintain accurate registers, including how they review applications and respond to changes in circumstances, but our clear starting point is that this is a process that local authorities are best placed to manage themselves. We intend to address expectations through statutory guidance if necessary.
For those reasons, I hope the shadow Minister will consider withdrawing the new clause.
Gareth Bacon
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On this occasion, I will respectfully decline the Minister’s invitation. I stand by my remarks. If we do not understand the scale of the problem, we cannot possibly tailor our solutions correctly. We seek to divide the Committee on the new clause.
Question put, That the clause be read a Second time.
New Clause 54
Review of the impact of this Act on home ownership
“(1) Within two years beginning with the day on which this Act is passed, the Secretary of State must publish a review of the impact of this Act on the number of social housing tenants becoming homeowners in the previous year, relative to each of the preceding ten years.
(2) The review under subsection (1) must include an assessment of the impact of this Act on—
(a) the number of Right to Buy applications,
(b) the number of completed Right to Buy purchases, and
(c) the ages of former social tenants who successfully purchased their homes through Right to Buy,
in the calendar year prior to the review.
(3) The Secretary of State must lay a copy of this review before both Houses of Parliament.”—(Gareth Bacon.)
This new clause would require a review of the impact of this Act on rates of home ownership among social housing tenants.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 55
Strategy relating to Right to Buy: 16 to 25 year olds
“Within 12 months beginning with the day on which this Act is passed, the Secretary of State must publish a strategy for promoting awareness of the Right to Buy scheme to people aged 16 to 25.”—(Gareth Bacon.)
This new clause would require the Secretary of State to issue a strategy for promoting the Right to Buy scheme among young people.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 57
Transitional arrangements relating to qualifying period for right to buy
“(1) Section 119 of the Housing Act 1985 (qualifying period for right to buy) is amended as follows.
(2) After subsection (A1) insert –
‘(A2) Subsection (A1) does not apply in relation to a secure tenancy entered into before the coming into force of section 1 of the Social Housing Act 2026.
(A3) In relation to a tenancy within subsection (A2), the right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least three years.’” —(Gareth Bacon.)
This new clause seeks to extend the transition period for the commencement of provisions in Clause 1 in relation to secure tenancies.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 58
Review of lifetime secure tenancies
“(1) A local housing authority must review each lifetime secure tenancy at intervals of no more than five years.
(2) A review under subsection (1) must consider—
(a) whether the tenant continues to require the accommodation having regard to their housing needs,
(b) whether the accommodation remains suitable having regard to the size and composition of the tenant’s household,
(c) whether the tenant has developed a local connection with another local housing authority area,
(d) whether the tenant requires support to move to more suitable accommodation, and
(e) such other matters as may be prescribed by regulations made by the Secretary of State.
(3) Following a review under this section, the local housing authority may—
(a) confirm the continuation of the tenancy,
(b) offer alternative suitable accommodation, or
(c) take such other action as may be provided for by regulations.
(4) The Secretary of State must issue guidance to local housing authorities on the conduct of reviews under this section.
(5) Local housing authorities must have regard to guidance issued under subsection
(6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—(Gareth Bacon.)
This new clause requires local housing authorities to review lifetime secure tenancies every five years to ensure that social housing continues to meet tenants’ needs and that existing stock is being used effectively.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 60
Access to dwellings for registered providers
“(1) Within six months of the passing of this Act, the Secretary of State must, by regulations made by statutory instrument, provide a right of access for registered social housing providers and landlords to a dwelling-house without the prior agreement of the tenant where it is required for purposes of—
(a) an annual Gas Safety inspection under section 36 (duties of landlords) of the Gas Safety (Installation and Use) Regulations 1998;
(b) an electrical inspection under section 3B (duties of registered providers for the safety and checking of electrical equipment) of the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020;
(c) an energy performance assessment under the Energy Performance of Buildings (England and Wales) Regulations 2010; or
(d) a safety check required to be performed by any other statute.
(2) Any regulations made under this section must specify that a right of access for the purposes set out in subsection (1) may only be granted if—
(a) a minimum of two attempts at agreeing access with the tenant have been made;
(b) a minimum of 48 hours has been given prior to the right to access being evoked; and
(c) the tenant has the right to be present whilst the access is provided.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of each House of Parliament.”—(Mr Dillon.)
Brought up, and read the First time.
Mr Dillon
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I beg to move, That the clause be read a Second time.
As members of the Committee know, I worked in social housing for 14 years before entering this place. One of the more challenging elements of my role was ensuring the safety of our residents, particularly with annual gas safety checks. We had to make three attempts to carry out the check before going to court and seeking an injunction to access the property, not only resulting in legal costs for the social provider, but extending the time that a tenant was residing in a property without the boiler having its approved checks done. The same problem can also extend to five-year electrical safety checks. Only yesterday, I hosted a roundtable with the British Pest Control Association, where we spoke about how delays to access in such instances are causing further damage through pest infestation. Bedbugs, for example, often move within a block of flats, so quick access to all dwellings in that instance is key to stopping the spread and its impact.
The new clause has come from experience of working in the sector. I have never known a judge not to grant an injunction when a social landlord has been able to prove that it has made those three attempts. Although article 8 and the right to a private life may come up, that is of course a qualified right. As long as the access is in accordance with the law, necessary or proportionate, or pursuing a legitimate aim, article 8 considerations can be laid aside.
Matthew Pennycook
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I thank the hon. Member for Newbury for tabling and speaking to the new clause. It raises an important issue that we recognise has been an area of growing concern, and on which there were some particularly considered and constructive debates in the other place; I express my thanks to the noble Lord, Lord Best, for his engagement. Those debates reinforced the incredible complexity of the issue, which involves the interaction of the fundamental rights of tenants, the legal duties placed on landlords and the safety of both residents and their neighbours.
I reassure the hon. Gentleman that, since those debates in the other place, the Government have been undertaking an intensive process of engagement and policy development to examine the issue. In that respect, we are grateful for the input and expertise that we have received from a range of residents’ groups, landlords, representative bodies and charities. That engagement has put it beyond doubt that this is an issue that must be resolved. However, it also made it clear that we cannot act in haste and risk creating new systemic problems, and there are a range of challenges that arise from various options in this area.
For that reason, the Government cannot support new clause 60, but we will shortly bring forward a consultation that will examine the issue in the round to get at some of those challenges and find out what the potential solutions might be. It will also look at the design and the necessary safeguards for any new law in this space. To support the sector with practical advice, we will bring forward plans to develop best practice guidance on access procedures.
I absolutely understand and recognise the expertise of the hon. Member for Newbury in this area. He raises a valid point, but for the reasons I have given, I hope he will withdraw his new clause.
Mr Dillon
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I thank the Minister for his reply and for his Department’s understanding of the wider impact. I welcome the consultation being launched. I agree that the balance between a landlord’s rights and a tenant’s rights needs a lot of thought. When I was drafting new clause 60, I did not include pests as a hazard; I appreciate that that should have been included as well. I look forward to seeing the Government’s progress. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 62
Ability of tenants to request an electric vehicle charging point
“(1) Within six months of the passing of this Act, the Secretary of State must, by regulations made by statutory instrument, make provision to enable tenants to request and install a domestic Electric Vehicle Charger.
(2) Regulations made under subsection (1) made under this subsection must include—
(a) the grounds on which a request can be declined including—
(i) electrical standards,
(ii) planning requirements, and
(iii) cost; and
(b) a requirement for social housing providers to respond to the request within one month.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—(Mr Dillon.)
Brought up, and read the First time.
The Chair
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With this it will be convenient to discuss new clause 63—Provision of electric vehicle charging points in new social housing developments—
“(1) Within six months of the passing of this Act, the Secretary of State must, by regulations made by statutory instrument, make provision to require new social housing developments to include electric vehicle charging points.
(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Mr Dillon
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These are simple new clauses and we hope that Members on both sides of the Committee will support them. In effect, new clause 62 would allow social tenants the opportunity to have an electric charging point on existing stock, and new clause 63 seeks the same for new builds.
Matthew Pennycook
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I can assure the hon. Member that the Government are committed to improving access to convenient home charging for tenants, including in social housing. However, we do not believe that new clause 62 is the right way to achieve that objective.
Tenants can face hurdles in getting landlord or freeholder approval, sometimes without a clear reason; that is not in dispute. The Department for Transport is already consulting on an ability to charge for tenants and leaseholders. That consultation, published on 21 October, considers both legislation and non-statutory guidance to give residents clearer routes to request permission for a charge point. It also seeks views on setting clearer expectations for landlords and freeholders when responding to those requests, including in social housing.
New clause 62 would pre-empt that consultation by introducing requirements before the Government have considered any evidence or fully assessed the impacts. In our view, that risks introducing grounds for refusal, which could be inappropriate and have the unintended consequence of deeming certain scenarios unreasonable when they are not, limiting access to home charging for tenants rather than making it more accessible. We want to ensure that any intervention is workable for tenants, while also taking proper account of the legitimate responsibilities and constraints on landlords and freeholders.
New clause 62 would risk creating an inconsistent approach between different property types, which could cause confusion for housing providers and leave other tenants without the same protections. Support with installation costs is already available, with existing Government grants providing up to £500 towards the cost of installing an eligible charge point.
New clause 63 seeks to require new social housing developments to include electric vehicle charging points. I entirely agree with the hon. Member for Newbury about the importance of ensuring that new homes are equipped for the transition to electric vehicles. In schedule 1 to the Building Regulations 2010, part S, which was introduced in 2021, already requires charging infrastructure in new residential buildings and those undergoing major renovations in England, including in social housing developments. In our view, the new clause is therefore not required. The Government are also currently considering whether those requirements should be strengthened via the DFT consultation.
Lewis Cocking (Broxbourne) (Con)
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On new clause 63, does the Minister agree that, before we worry about electric vehicle charging points, the new developments must have enough parking spaces? As it is, I suspect that hon. Members’ postbags are full due to new developments coming forward without enough parking spaces, even before electric vehicle charging points are put in as well.
Matthew Pennycook
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The hon. Gentleman tempts me to opine on a completely different issue. The hon. Member for Newbury may correct me, but car parking spaces are not in the scope of his new clauses. The hon. Member for Broxbourne is more than welcome to write to me with specific concerns about local authority action in that area.
For the reasons I have outlined, I hope that the hon. Member for Newbury will withdraw new clause 62 and will not press new clause 63.
10:15
Mr Dillon
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I happily accept the Minister’s considered view about the consultation. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 66
Review of the use of empty homes as social housing
“(1) The Secretary of State must, within six months of the passing of this Act, publish and lay before Parliament a review on the use of empty homes as social homes.
(2) A review under this section must include information on—
(a) the number of empty homes in England and Wales that could be used for social housing,
(b) the potential merits of a scheme to bring empty homes into use as social housing, and
(c) any challenges involved in establishing such a scheme.”—(Gideon Amos.)
Brought up, and read the First time.
The Chair
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With this it will be convenient to discuss new clause 67—Long-term empty homes use: strategy and funding—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before Parliament a national strategy for increasing the acquisition and renovation of long-term empty homes for use as low-cost rental accommodation.
(2) A strategy published under this section must include options for establishing ring-fenced funding for bringing empty homes into use as low-cost rental accommodation, to be made available to strategic authorities or local authorities.
(3) In this section, ‘low-cost rental accommodation’ has the meaning given in section 69 of the Housing and Regeneration Act 2008 (low cost rental).
(4) Within 12 months of the publication of the strategy under subsection (1)(a), and annually thereafter, the Secretary of State must publish data on—
(a) the number of empty homes renovated as a result of the strategy and any subsequent actions, and
(b) the number of acquired empty homes allocated to people previously in temporary accommodation or rough sleeping.”
This new clause would create a national strategy to bring long-term empty homes into use as low-cost rental accommodation.
Gideon Amos
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It is a pleasure to speak again—no day would be complete without a sitting of this Committee. New clause 66 was tabled by my hon. Friend the Member for Eastleigh (Liz Jarvis). In proposing the new clause, she said:
“There are hundreds of thousands of empty homes across England and Wales, while many families wait years for a social home or remain in temporary accommodation.
My amendment would require the Government to carry out a review of how empty homes could be used as social housing. It would assess how many properties could be brought into use, the potential benefits of a dedicated scheme and the barriers that would need to be addressed.
Bringing empty homes back into use can be a faster and more cost-effective way of increasing social housing supply, while also helping to regenerate local communities. This review would give the Government the evidence it needs to act and I hope it will receive support from across the House.”
My hon. Friend is absolutely right. I particularly draw attention to the regeneration benefits of bringing empty homes back into use, which are significant. As hon. Members know, many of our town centres have too many empty buildings, and there is a real bottleneck in the procedure for getting them back into use.
The late Liberal Democrat Housing Minister Andrew Stunell started the last significant empty homes programme that any Government have introduced. Begun in 2010, it brought 120,000 empty homes back into use; that is 10 times the number of social homes created last year and a significant contribution to meeting the need for housing.
When the Conservatives took over in 2015, that programme was abandoned—its funding was ended. The number of empty homes is now on the increase again. As a result of the programme, it fell to a record low, from 315,000 to 203,000. However, it has gone up again under subsequent Governments. By October 2026, it had risen to 303,000, almost back to its 2010 level, up 14% on 2024 and 50% higher than in 2015 when the programme ended.
The programme brought units into use for affordable rent, low-cost home ownership and social rent. It therefore made a significant contribution to not just housing but social housing. Its grant was around £22,000 per dwelling—significantly less than the average subsidy for creating new social housing. It was therefore a very important factor.
As my hon. Friend the Member for Eastleigh has pointed out, there are hundreds of thousands of empty dwellings in the country. We need a programme to bring them back into use. That is the missing link in the Government’s housing policy. A Liberal Democrat Government would bring in an empty homes programme forthwith. We commend the new clause to the Committee.
Matthew Pennycook
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I thank the hon. Member for Taunton and Wellington for speaking to new clause 66, tabled in the name of the hon. Member for Eastleigh. He rightly pointed out that there are currently more than 300,000 homes that have been empty for six months or more. The Government absolutely want to see more empty homes brought back into use across the country, but we do not believe that a national review or a national empty homes strategy supported by a new ringfenced fund is the right approach.
The scale and causes of empty homes vary considerably between places, as do local housing pressures and the interventions that will be most effective. Therefore, we believe that local authorities and mayoral strategic authorities are best placed to understand those circumstances and determine the right approach for their areas. Local authorities can already access funding to bring homes back into use, including through the social and affordable homes programme, the local authority housing fund and the long-term rough sleeping innovation programme. Loan funding is also available through the Public Works Loan Board to support the acquisition of empty homes.
We are also strengthening local authorities’ powers to bring empty homes back into use by reforming empty dwelling management orders, removing evidential requirements and reducing the period that a property must be empty before it is eligible for an EDMO from two years to six months.
Mr Dillon
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The Minister has outlined a number of funding packages and processes that are already set up to tackle empty homes. Can he say how well they are working, and whether the Government need to go further? A national strategy, with a regional breakdown or local levers within it, could help tackle the problem.
Matthew Pennycook
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The hon. Gentleman asks me a very specific question. I commit to give him, in writing, a sense of the local and regional breakdown of the use of EDMOs and these powers. Funding is available, but the point I am making is that although funding can be a barrier, it is only one part of the solution. Local authorities have a range of powers and incentives available to tackle empty homes. We want to continue empowering them to use those, but we think it is right that they retain the flexibility to respond to particular local priorities.
Although the Government agree with the sentiment behind the new clauses, we do not believe that this Bill is the best route forward. On that basis, I hope the hon. Member for Taunton and Wellington might consider withdrawing new clause 66.
Gideon Amos
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Perhaps I can give an example from my own experience. I have set on record my interest as a social landlord. In another life, under the programme I described, I brought into use four empty dwellings as social housing. The challenge with an empty home is that, although the grant level is generally less, and the cost can be less than building a new home, the schemes are much more complicated due to ownership, these being existing buildings, consents and the fact that many are listed. So it is with some trepidation that owners and developers go into this field.
The benefit of the previous scheme was that it was a ringfenced scheme dedicated for empty homes, rather than relying on the existing processes and programmes. Affordable social housing programmes will not generally be geared towards what can be long-winded and complex schemes in the empty homes field. Having a ringfenced fund that is named and available gives owners and developers the confidence to know that an empty homes scheme will compete well among the applications submitted in the social and affordable homes programme.
Finally, I reiterate that the previous scheme was the most successful that I can find recorded for empty homes. It brought the number of empty homes down to its lowest level ever, from 320,000 down to 200,000. This is proven technology, so we should proceed with it. Unless and until the Government have their own empty homes programme—I have not heard about one—we should continue to push them on this.
Question put, That the clause be read a Second time.
New Schedule 1
Management of local authority housing by TMOs
“Part 1
New legislation about tenant management
1 After section 27AB of the Housing Act 1985 insert—
‘England: management agreements with tenant management organisations
27AC The right to manage in England
(1) This section and sections 27AD to 27AU (“the RTM legislation for England”) deal with tenants’ right to manage housing accommodation provided by local housing authorities in England.
(2) The RTM legislation for England applies only in relation to—
(a) local housing authorities in England, and
(b) management agreements between—
(i) local housing authorities in England, and
(ii) tenant management organisations.
(3) Accordingly, in following sections of the RTM legislation for England—
(a) any reference to a local housing authority is a reference to such an authority in England;
(b) any reference to a management agreement is a reference to such an agreement between—
(i) a local housing authority in England, and
(ii) a tenant management organisation.
(4) In the RTM legislation for England, “tenant management organisation” (or “TMO”) means a body—
(a) which is seeking to enter into, or has entered into, a management agreement with a local housing authority in England, and
(b) whose membership consists predominantly or wholly of tenants of that authority.
(5) A tenant management organisation may not enter into a management agreement unless it is a registered society or company (but this does not limit the power of a tenant management organisation that is not a registered society or company to seek to enter into a management agreement).
27AD Entering into or varying management agreements with TMOs
(1) The Secretary of State may make regulations for imposing requirements on a local housing authority in—
(a) any case where a tenant management organisation serves written notice on the authority proposing that the authority should enter into a management agreement with that organisation, or
(b) any case where it is proposed to vary a management agreement between a tenant management organisation and a local housing authority.
(2) The regulations may, in particular, make provision requiring the authority—
(a) to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires for the purpose of pursuing the proposal;
(b) to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;
(c) to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
(d) to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;
(e) to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted of such persons as may be so determined; and
(f) in such circumstances as may be prescribed by the regulations—
(i) to enter into a management agreement with the organisation, or
(ii) to vary the management agreement with the organisation.
(3) The regulations may, in particular, make provision—
(a) requiring a management agreement to take effect immediately after the expiry or other determination of any previous agreement; and
(b) where any previous agreement contains provisions for its determination by the authority, requiring the authority to determine it as soon as may be after the agreement is entered into.
(4) Except as otherwise provided by regulations under this section—
(a) a local housing authority must not enter into a management agreement with a tenant management organisation otherwise than in pursuance of the regulations; and
(b) the provisions of the regulations apply in relation to the entering into of such an agreement with such an organisation in place of—
(i) the provisions of regulations under section 27BA (consultation with respect to management),
(ii) in the case of secure tenants, the provisions of section 105 (consultation on matters of housing management), and
(iii) in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).
(5) In this section “proposal” means—
(a) a proposal by a tenant management organisation that a local authority should enter into a management agreement with it, or
(b) a proposal to vary a management agreement between a tenant management organisation and a local housing authority.
27AE Regulation of management agreements
(1) The Secretary of State may make regulations which regulate the form of management agreements or parts of management agreements.
(2) The regulations may, in particular, require management agreements, or parts of management agreements, to be in a form approved by the Secretary of State.
(3) The Secretary of State may make regulations which regulate—
(a) the terms, or
(b) the operation,
of management agreements.
(4) Regulations under subsection (3) may, in particular, make provision for determining—
(a) the housing accommodation and land to which a management agreement should relate;
(b) the amounts which should be paid under a management agreement to the tenant management organisation.
(5) Regulations under subsection (3) may, in particular—
(a) prescribe terms (“prescribed terms”) and make either or both of the following kinds of provision—
(i) provision requiring management agreements to contain the prescribed terms;
(ii) provision for the prescribed terms to have effect in relation to management agreements even if those terms are not contained in the agreements;
(b) prescribe other requirements (“prescribed requirements”) which management agreements must comply with or be consistent with;
(c) prescribe circumstances in which terms of management agreements—
(i) are to have effect subject to modifications, or
(ii) are to have no effect,
(which may include circumstances in which there is a failure to comply with regulations under paragraph (a)(i) or (b) or in which regulations under paragraph (a)(ii) apply).
(6) Prescribed terms or prescribed requirements may, in particular, deal with the following matters—
(a) the conduct of the relationship between the local housing authority and the tenant management organisation as parties to the management agreement, including the appointment of an officer of the authority with the function of liaising with the organisation;
(b) the calculation and payment of allowances by the local housing authority to the tenant management organisation in respect of its activities under the management agreement;
(c) assisting or enabling the local housing authority to comply with legal, regulatory or other requirements, including through—
(i) co-operation (including sharing of information) between the local housing authority and the tenant management organisation, or
(ii) the way in which the tenant management organisation carries out its activities under the management agreement.
27AF Regulation of TMOs and local housing authorities
(1) The Secretary of State may make regulations which regulate—
(a) tenant management organisations, or
(b) local housing authorities as parties to management agreements.
(2) Regulations under this section may, in particular, prescribe requirements which—
(a) tenant management organisations, or
(b) local housing authorities as parties to management agreements,
must comply with.
(3) Regulations under this section may, in particular, make provision about the constitutions of tenant management organisations.
(4) That includes provision which—
(a) prescribes terms and makes either or both of the following kinds of provision—
(i) provision requiring those terms to be included in the constitutions of tenant management organisations;
(ii) provision for those terms to have effect in relation to the constitutions of tenant management organisations even if those terms are not contained in the constitutions;
(b) prescribes circumstances in which the terms of constitutions of tenant management organisations—
(i) are to have effect subject to modifications, or
(ii) are to have no effect,
(which may include circumstances in which there is a failure to comply with regulations under paragraph (a)(i) or in which regulations under paragraph (a)(ii) apply).
27AG Continuation ballots
(1) A tenant management organisation that is a party to a management agreement must hold a continuation ballot during—
(a) the initial ballot period, and
(b) each standard ballot period.
(2) A “continuation ballot” is a secret ballot of the tenants of the managed housing accommodation on the question of whether the tenant management organisation should continue to be the manager of that housing.
(3) The Secretary of State may by regulations make provision about the conduct of continuation ballots.
(4) The “initial ballot period” is—
(a) in a case where—
(i) the tenant management organisation is already exercising functions under the management agreement at commencement, and
(ii) no relevant assessment of tenant support has been concluded at any time during the four-year pre-commencement period and no such assessment is ongoing at commencement,
the period of one year beginning with commencement;
(b) in a case where—
(i) the tenant management organisation is already exercising functions under the management agreement at commencement, and
(ii) a relevant assessment of tenant support has been concluded during the four-year pre-commencement period or is ongoing at commencement,
the period of five years beginning with day on which that assessment—or, if there have been two or more such assessments, the last of them—was or is concluded;
(c) in a case where the tenant management organisation begins to exercise functions under the management agreement on or after commencement, the period of five years beginning with the day on which it begins to exercise those functions.
(5) But in a case where—
(a) the initial ballot period is the five-year period specified in subsection (4)(b) because a relevant assessment of tenant support is ongoing at commencement, but
(b) the assessment is not concluded within the period of six months beginning with commencement,
the initial ballot period is to become the period of one year beginning with commencement (instead of the five-year period).
(6) A “standard ballot period” is the period of five years beginning with the day on which a continuation ballot held by the tenant management organisation is concluded.
(7) But if, in accordance with regulations made under section 27AR—
(a) a continuation ballot is declared invalid, and
(b) a new ballot is held in place of the invalid ballot (whether by the tenant management organisation or another person),
the next standard ballot period must be determined by reference to the day when the new ballot is concluded.
(8) For the purposes of this section—
(a) a ballot is concluded on the day, or last of the days, on which a vote can be given in the ballot;
(b) a consultation is concluded on the last day for returning the questionnaire by which the consultation is carried out;
(c) a relevant assessment of tenant support is ongoing at commencement if—
(i) organisation of the assessment has begun before commencement, and
(ii) the assessment has not been concluded by commencement.
(9) In this section—
“four-year pre-commencement period” means the period of four years ending with the day immediately before commencement;
“relevant assessment of tenant support” means—
(a) a secret ballot of the tenants of the managed housing accommodation, or
(b) a consultation with those tenants carried out by anonymous questionnaire,
on the question of whether the tenant management organisation should continue to be the manager of that housing.
27AH Policy changes affecting TMO functions
(1) This section applies to a local housing authority where—
(a) it is considering changing a policy, and
(b) that policy relates to a function carried out by a tenant management organisation under a management agreement with the authority.
(2) The local housing authority must consult the tenant management organisation before changing the policy.
(3) The Secretary of State may by regulations make provision about the conduct of a consultation under this section.
(4) A reference in this section to changing a policy includes—
(a) introducing a new policy, and
(b) withdrawing or ceasing to have a policy.
27AI Regular reviews of management agreements
(1) The local housing authority and the tenant management organisation that are parties to a management agreement must jointly carry out a review of the agreement (a “regular review”) during—
(a) the initial review period, and
(b) each standard review period.
(2) A regular review must consider the following matters—
(a) whether the management agreement is consistent with the applicable requirements;
(b) if it is not consistent, how the terms of the management agreement should be varied so as to become consistent with the applicable requirements.
(3) A regular review may also consider any other matters agreed between the local housing authority and the tenant management organisation.
(4) If a regular review concludes that the terms of the management agreement should be varied, the local housing authority and tenant management organisation must vary the agreement accordingly.
(5) This section is supplemented by, and subject to, section 27AK.
27AJ Special reviews of management agreements
(1) The local housing authority and the tenant management organisation that are parties to a management agreement must jointly carry out a review of the agreement (a “special review”) on every occasion when—
(a) they are planning to vary the functions exercisable by the tenant management organisation under the agreement, and
(b) that variation is likely to result in a change in the prescribed terms or prescribed requirements applicable to the agreement.
(2) But subsection (1) does not apply where the only reason for varying the functions exercisable by the tenant management organisation under the agreement is the court making a transfer order or interim order.
(3) A special review must either—
(a) be limited to the prescribed terms and prescribed requirements, or
(b) be equivalent to a regular review.
(4) A special review is “limited to the prescribed terms and prescribed requirements” if it considers the following matters—
(a) whether, if the functions exercisable under the management agreement were varied as planned, the agreement would be consistent with the prescribed terms and prescribed requirements;
(b) if it would not be consistent, how the terms of the agreement would need to be varied so as to be consistent with the prescribed terms and prescribed requirements.
(5) A special review is “equivalent to a regular review” if it considers the following matters—
(a) whether, if the functions exercisable under the management agreement were varied as planned, the agreement would be consistent with the applicable requirements;
(b) if it would not be consistent, how the terms of the agreement would need to be varied so as to be consistent with the applicable requirements.
(6) A special review may also consider any other matters agreed between the local housing authority and the tenant management organisation.
(7) If the local housing authority and tenant management organisation decide to vary the functions exercisable under the agreement as planned, they must make the necessary variations of the terms of the agreement.
(8) The “necessary” variations of the terms of the agreement are—
(a) the variations that are needed to give effect to the planned variation of functions, and
(b) any variations that the special review concludes—
(i) in accordance with subsection (4)(b), are needed for consistency with the prescribed terms and prescribed requirements, or
(ii) in accordance with subsection (5)(b), are needed for consistency with the applicable requirements.
(9) This section is supplemented by, and subject to, section 27AK.
27AK Reviews of management agreements: supplementary provision
(1) This section applies in relation to regular reviews and special reviews.
(2) The “initial review period” is—
(a) in a case where the tenant management organisation is already exercising functions under the management agreement at commencement, the period of five years beginning with commencement, or
(b) in a case where the tenant management organisation begins to exercise functions under the management agreement on or after commencement, the period of five years beginning with the day on which the organisation begins to exercise functions under the agreement.
(3) A “standard review period” is the period of five years beginning with the day on which either of the following is concluded—
(a) a regular review relating to the management agreement;
(b) a special review relating to the management agreement that is equivalent to a regular review.
(4) A requirement under section 27AI(1) to carry out a regular review during a particular period ceases to apply if a special review that is equivalent to a regular review is carried out during that period.
(5) The local housing authority and the tenant management organisation may—
(a) refer a consistency question for decision by an approved arbitrator if they cannot decide it themselves;
(b) refer a variation question to an approved mediator if they cannot decide it themselves.
(6) An approved arbitrator or approved mediator is to be agreed to by the parties or, in default of agreement, appointed by the Secretary of State.
(7) If the local housing authority and tenant management organisation do not comply with section 27AI(4) or 27AJ(7) in relation to a review—
(a) they are to be regarded as not having complied with the duty to carry out the review; but
(b) this does not affect the calculation of any new standard review period in a case where that period begins with the day on which the review is concluded.
(8) The Secretary of State may by regulations make provision about the conduct of regular and special reviews.
(9) In this section—
(a) a “consistency question” means a question described in section 27AI(2)(a), 27AJ(4)(a) or 27AJ(5)(a);
(b) a “variation question” means a question described in section 27AI(2)(b), 27AJ(4)(b) or 27AJ(5)(b).
27AL Provision of information
(1) Local housing authorities must provide specified information to tenant management organisations.
(2) Tenant management organisations must provide specified information to local housing authorities.
(3) In this section “specified” means—
(a) specified in, or
(b) of a description specified in,
regulations made by the Secretary of State.
(4) Regulations under this section may make provision about the times at which, or circumstances in which, specified information must be provided.
27AM Transfer and termination orders
(1) A local housing authority that is a party to a management agreement may apply to the court to make—
(a) a transfer order, or
(b) a termination order,
in relation to the agreement.
(2) A “transfer order” is an order that—
(a) transfers one or more functions exercisable by the tenant management organisation under the management agreement to the local housing authority, and
(b) varies the management agreement in consequence of that transfer of functions.
(3) A “termination order” is an order that—
(a) terminates the management agreement, and
(b) transfers the functions exercisable by the tenant management organisation under the management agreement to the local housing authority.
(4) The court may make a transfer order or termination order only if conditions A and B are met.
(5) Condition A is that there is a relevant failure by the tenant management organisation (whether before or after commencement).
(6) Condition B is met if it is necessary and proportionate to make the transfer order or termination order for the purpose of—
(a) securing the proper management of the managed housing accommodation,
(b) protecting the safety of residents of the managed housing accommodation, or
(c) protecting the property of the local housing authority.
(7) When considering whether condition B is met, the court must take into account the desirability of the tenants of the managed housing accommodation continuing to be involved in its management.
(8) A transfer order or termination order takes effect from the date specified in the order or otherwise in accordance with provision made by the order.
(9) Where an application for a transfer order or termination order is granted, the court may make such ancillary orders as it considers necessary for the orderly transfer of the functions, including orders transferring property, rights and liabilities from the tenant management organisation to the local housing authority.
27AN Interim orders
(1) This section applies in a case where a local housing authority makes an application for a transfer order or termination order.
(2) The local housing authority may apply to the court to make an interim order before it determines the application for the transfer order or termination order (the “final order”).
(3) An application for an interim order may be made at the same time as, or after, the application for the final order.
(4) An “interim order” is an order that transfers one or more functions exercisable by the tenant management organisation under the management agreement to the local housing authority until the application for the final order is determined.
(5) The court may make the interim order only if conditions C and D are met.
(6) Condition C is met if the court considers that, when it comes to determine the application for the final order, it is likely to find that conditions A and B in section 27AM are met.
(7) Condition D is met if it is necessary and proportionate to make the interim order for the purpose of—
(a) securing the proper management of the managed housing accommodation,
(b) protecting the safety of residents of the managed housing accommodation, or
(c) protecting the property of the local housing authority.
(8) An interim order takes effect from the date specified in the order or otherwise in accordance with provision made by the order.
(9) Where an application under this section is granted, the court may make such ancillary orders as it considers necessary for the orderly transfer of the functions, including orders transferring property, rights and liabilities from the tenant management organisation to the local housing authority.
(10) If the interim order is made—
(a) the determination of the application for the final order does not affect the validity of—
(i) the interim order, or
(ii) any order made under subsection (9) (an “existing ancillary order”);
(b) on the determination of the application for the final order, the court may—
(i) rescind or vary the interim order;
(ii) rescind or vary an existing ancillary order;
(iii) make such ancillary orders as it considers necessary for the orderly transfer of functions, including orders transferring property, rights and liabilities from the local housing authority to the tenant management organisation.
(11) Subsection (10) does not affect the powers of the court under section 27AM.
27AP Applications for orders: duty to keep tenants informed
(1) This section applies where a local housing authority has made an application for a transfer order, a termination order or an interim order.
(2) The local housing authority must—
(a) inform the tenants of the managed housing accommodation that it has made an application for the order, and
(b) provide information about the progress and outcome of the application.
27AQ Board members: removal orders
(1) A local housing authority that is a party to a management agreement may apply to the court to make a removal order.
(2) A “removal order” is an order removing a board member of the tenant management organisation from office.
(3) The court may make a removal order if conditions A and B are met.
(4) Condition A is met if (whether before or after commencement)—
(a) there is a relevant failure by the board member, or
(b) the board member—
(i) is responsible for a relevant failure by the tenant management organisation,
(ii) has contributed to or facilitated a relevant failure by the tenant management organisation, or
(iii) knew of a relevant failure by the tenant management organisation and failed to take any reasonable step to oppose it.
(5) Condition B is met if it is necessary or desirable to grant a removal order for the purpose of—
(a) securing the proper management of the tenant management organisation,
(b) protecting the safety of residents of the managed housing accommodation, or
(c) protecting the property of the local housing authority or tenant management organisation.
(6) The court must make a removal order if condition C is met.
(7) Condition C is met if—
(a) the board member is a body corporate and in liquidation,
(b) the board member is incapable of acting because of a mental disorder within the meaning of the Mental Health Act 1983,
(c) the board member has not acted and will not make a declaration of willingness or unwillingness to act, or
(d) the board member—
(i) is outside England and Wales,
(ii) cannot be found, or
(iii) does not act,
and the board member’s absence or failure to act impedes the proper functioning of the tenant management organisation.
(8) Where an application for a removal order is granted, the court may also make a TMO disqualification order.
(9) A “TMO disqualification order” is an order that prohibits the board member from being reappointed as a board member of the tenant management organisation for a period specified in the order.
(10) For the period of one year beginning with the day on which a board member is removed by a removal order, the local housing authority must provide the tenant management organisation with reasonable support in dealing with the effects of—
(a) the conduct of the board member before removal, and
(b) the removal of the board member,
on the ability of the tenant management organisation to carry out its functions.
27AR Ballots: independent audit
(1) The Secretary of State may make regulations which provide for independent persons to audit ballots held by tenant management organisations (whether or not held in accordance with the RTM legislation for England or RTM regulations).
(2) The regulations may, in particular, provide for the circumstances in which there is to be an audit of a ballot.
(3) The regulations may, in particular, specify requirements that an independent person must satisfy in order to be eligible to carry out an audit.
(4) The regulations may, in particular, provide for the consequences of an audit, which may include provision—
(a) for the ballot to be declared valid or invalid by the local housing authority,
(b) for a new ballot to be held in place of an invalid ballot, and
(c) for who is to hold the new ballot.
(5) A person carrying out an audit must have regard to any guidance issued by the Secretary of State.
(6) Regulations under this section may make provision about what it means for a person to be independent.
27AS Guidance
(1) The Secretary of State may issue guidance—
(a) to local housing authorities in relation to their functions under the RTM legislation for England or RTM regulations,
(b) to tenant management organisations, and
(c) to approved arbitrators and approved mediators.
(2) Local housing authorities, tenant management organisations, approved arbitrators and approved mediators must have regard to any guidance issued to them under this section.
27AT Regulations
(1) RTM regulations may have effect in relation to a management agreement irrespective of the date of the agreement.
(2) RTM regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient.
(3) Those regulations may, in particular, make provision—
(a) for functions to be conferred on the Secretary of State, local housing authorities or tenant management organisations, including provision for particular questions arising under the regulations to be determined by the local housing authority or the Secretary of State;
(b) for other questions so arising to be determined by an arbitrator agreed to by the parties or, in default of agreement, appointed by the Secretary of State; and
(c) prescribing periods within which requirements under the regulations are to be carried out, including a period that is not of a specific duration (for example a reasonable or appropriate period or a period decided by the local housing authority or another person).
(4) RTM regulations—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas;
(b) are to be made by statutory instrument.
(5) A statutory instrument containing—
(a) regulations under section 27AE(3) which make provision of the kind described in section 27AE(5),
(b) regulations under section 27AF(1)(a) which make provision of the kind described in section 27AF(4), or
(c) regulations under section 27AR which make provision of the kind described in section 27AR(2) or (4),
(whether alone or with other RTM regulations) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) Any other statutory instrument containing RTM regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
27AU Interpretation
(1) The expression “the RTM legislation for England” has the meaning given in 27AC(2).
(2) In the RTM legislation for England—
“applicable requirements” , in relation to a management agreement, means—
(a) the prescribed terms and prescribed requirements applicable to the agreement;
(b) any other legal, regulatory or contractual requirements applicable to—
(i) the tenant management organisation as a party to the management agreement or manager of the managed housing accommodation, or
(ii) the local housing authority as a party to the management agreement or landlord of the managed housing accommodation;
“approved arbitrator” means a member of a panel of arbitrators approved by the Secretary of State for the purposes of the RTM legislation for England;
“approved mediator” means a member of a panel of mediators approved by the Secretary of State for the purposes of the RTM legislation for England;
“board member”, in relation to a tenant management organisation, means—
(a) a member of the committee (within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014) in the case of a tenant management organisation that is a registered society;
(b) a director (within the meaning given by section 250 of the Companies Act 2006) in the case of a tenant management organisation that is a company;
“commencement” , in relation to a provision of the RTM legislation for England, means the coming into force of Schedule (Management of local authority housing by TMOs) of the Social Housing Act 2026 in relation to that provision;
“company” means a company registered under the Companies Act 2006;
“court” means the High Court;
“interim order” has the meaning given in section 27AN(4);
“local housing authority” is to be read in accordance with section 27AC(3);
“managed housing accommodation” means the housing accommodation to which a management agreement relates;
“management agreement” is to be read in accordance with section 27(2) as modified by section 27AC(3);
“management failure” includes—
(a) a breach by the tenant management organisation of—
(i) the management agreement,
(ii) a prescribed term or prescribed requirement, or
(iii) any other requirement imposed by the RTM legislation for England;
(b) the tenant management organisation failing to comply with other legal, regulatory or contractual requirements,
(c) a criminal offence by the tenant management organisation or a board member acting in the exercise of the organisation’s functions or otherwise acting in connection with their role, and
(d) the tenant management organisation failing to co-operate with the local housing authority to assist or enable the authority to comply with its legal, regulatory or contractual requirements.
“prescribed requirements” has the meaning given in section 27AE(5)(b);
“prescribed terms” has the meaning given in section 27AE(5)(a);
“previous agreement” , in relation to an agreement entered into in pursuance of regulations under section 27AD, means a management agreement, or a section 247 or 249 arrangement, previously entered into in relation to the same housing accommodation and land;
“registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014 (see section 1 of that Act);
“regular review” means a review carried out in accordance with section 27AI;
“relevant failure” means—
(a) a management failure, or
(b) an act or omission that otherwise poses a material risk to the safety of residents of the managed housing accommodation;
“RTM regulations” means regulations made under any provision of the RTM legislation for England;
“section 247 or 249 arrangement” has the meaning given by section 250A(6) of the Housing and Regeneration Act 2008;
“special review” a review carried out in accordance with section 27AJ;
“tenant management organisation” has the meaning given in section 27AC(4);
“termination order” has the meaning given in section 27AM(3);
“TMO” has the meaning given in section 27AC(4);
“transfer order” has the meaning given in section 27AM(2).
(3) In the RTM legislation for England, a reference to variation of a management agreement includes the replacement of a management agreement by a new management agreement which includes different terms.
(4) Section 27(2) gives the meaning of “manager”.
Management agreements with housing co-operatives’.
Part 2
Consequential and transitional and saving provision
Section 27AB of the Housing Act 1985 to apply only to Wales
2 (1) The Housing Act 1985 is amended in accordance with this paragraph.
(2) Before section 27AB (management agreements with tenant management organisations) insert—
“Wales: management agreements with tenant management organisations”.
(3) Section 27AB is amended in accordance with the following provisions of this section.
(4) For the heading, substitute “Entering into, and form and terms of, management agreements with TMOs”.
(5) In subsection (1)—
(a) for “Secretary of State” substitute “Welsh Ministers”;
(b) after “local housing authority” insert “in Wales”.
(6) In subsection (3)—
(a) in paragraph (a), for “houses” substitute “housing accommodation”;
(b) in paragraph (b), for “Secretary of State” substitute “Welsh Ministers”.
.
(7) In subsection (4), in the words before paragraph (a), and in paragraphs (b) and (c), for “Secretary of State” substitute “Welsh Ministers”.
(8) In subsection (6)(b), for “annulment in pursuance of a resolution of either House of Parliament” substitute “the Senedd confirmation procedure”.
(9) In subsection (7)—
(a) in paragraph (a), after “authority” insert “in Wales”;
(b) in paragraph (b)—
(i) in sub-paragraph (i), after “management),” insert “and”;
(ii) in sub-paragraph (ii), omit “secure tenants or”;
(iii) omit sub-paragraph (iv) and the “and” preceding it.
(10) In subsection (8)—
(a) in the definition of “arbitrator”, for “Secretary of State” substitute “Welsh Ministers”;
(b) in the definition of “previous agreement”—
(i) omit “, or a section 247 or 249 arrangement,”;
(ii) for “houses” substitute “housing accommodation”;
(c) omit the definition of “section 247 or 249 arrangement”.
Minor and consequential amendments
3 (1) Section 27 of the Housing Act 1985 (management agreements) is amended as follows—
(a) in subsection (1)(a), for “houses as are” substitute “housing accommodation as is”;
(b) in subsection (16)—
(i) in the words before paragraph (a), for “houses” substitute “housing accommodation”;
(ii) in paragraph (b), for “houses” substitute “housing accommodation”.
(2) After section 42 of the Co-operative and Community Benefit Societies Act 2014 insert—
“42A Removal of member of committee: tenant management organisations
(1) This section applies if a removal order under section 27AQ(3) of the Housing Act 1985 (removal of members of committees of registered societies that are tenant management organisations) is made in respect of a member of the committee of a registered society.
(2) The person ceases to be a member of the committee.
(3) If a TMO disqualification order under section 27AQ(8) of the Housing Act 1985 is also made in respect of the committee member, the person may not be appointed as a member of the committee in contravention of section 27AQ(9) of that Act.”
(3) In section 159A of the Companies Act 2006 (disqualified person not to be appointed as director), after subsection (2) insert—
“(2A) If a TMO disqualification order under section 27AQ(8) of the Housing Act 1985 is made in respect of a director of a company, the person may not be appointed as a director of the company in contravention of section 27AQ(9) of that Act.”
(4) Section 169A of the Companies Act 2006 (removal from office of disqualified directors) is amended as follows—
(a) in the heading, after “directors” insert “etc”;
(b) in subsection (1)—
(i) for “if the” substitute “if—
(a) the”;
(ii) after “section 159A(2))” insert “, or
(b) the person is removed from that directorship by an order of the High Court under section 27AQ of the Housing Act 1985 (removal of directors of companies that are tenant management organisations)”.
Transitional and saving provision
4 (1) For the purposes of this paragraph, regulations are “pre-commencement English section 27AB regulations” if they—
(a) are made under a power conferred by section 27AB of the Housing Act 1985 (the “relevant section 27AB power”),
(b) apply in relation to England, and
(c) are in force immediately before the day on which this Act is passed (when, by virtue of section 22(1)(f), the corresponding new power comes into force).
(2) The pre-commencement English section 27AB regulations have effect on and after the day on which this Act is passed as if made under the corresponding new power; and accordingly—
(a) anything done or having effect under the regulations before that day continues to have effect on and after that day;
(b) the validity of the regulations is not affected by the section 27AB power ceasing to apply in relation to England.
(3) For the purposes of sub-paragraphs (1) and (2) “corresponding new power” means the power conferred by the RTM legislation for England that corresponds to the relevant section 27AB power.
(4) A reference in any Act of Parliament or instrument made under an Act of Parliament to a management agreement entered into in pursuance of regulations under section 27AD of the Housing Act 1985 includes a reference to a management agreement entered into by a local housing authority in England in pursuance of regulations under section 27AB of that Act.” —(Matthew Pennycook.)
This would provide for a revised and expanded legislative regime about the management of council housing by tenant management organisations.
Brought up, read the First and Second time, and added to the Bill.
Clause 20
Power to make consequential provision
Gareth Bacon
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Hansard
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Excerpts
I beg to move amendment 80, in clause 20, page 16, line 10, leave out subsection (2).
This amendment removes the power to amend or repeal, by regulations, provision made by an Act of Parliament passed before or in the same session as this Act.
The Chair
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Hansard
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With this it will be convenient to discuss the following:
Amendment 81, in clause 20, page 16, line 15, leave out subsections (4) and (5) and insert—
“(4) Regulations under this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of both Houses of Parliament.”
This amendment would require an affirmative parliamentary procedure for regulations made under Clause 20.
Clause stand part.
Government amendment 78.
Clauses 21 to 23 stand part.
Gareth Bacon
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Hansard
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Excerpts
Amendments 80 and 81 are about transparency and accountability. We believe that the Bill is unsuitable for its own stated purpose of making provision for social housing. Already on Second Reading, and here in Committee, we have seen an unwillingness from the Government to reshape the Bill into something that not only is fit for purpose but actually delivers provisions to benefit social housing tenants. If they cannot be trusted to deliver for tenants over the full process of parliamentary scrutiny, it would be unwise to let the Secretary of State alone make further changes to the system without the same level of oversight.
Let us be clear: clause 20, page 16, line 10 —subsection (2)—is a Henry VIII clause. It allows the Bill, after all the debate, analysis and scrutiny here and in the other place, to be selectively amended at the whim of the Secretary of State of the day. It has been clear to date that the Government are misguided in their approach to reforming the social housing sector, so it would be unwise to let further reforms go unchecked in the future. That is why I have tabled amendment 80, which would ensure that Ministers cannot just use regulations to amend or repeal existing Acts.
On amendment 81, the Government have done their best to centralise power and avoid scrutiny throughout the last two years. The demolition of local democracy by the Planning and Infrastructure Act 2025, the cancellation of elections and now the Henry VIII powers in this Bill are just a few examples from this Department alone. It is critical that such power grabs do not go unchecked, and that is why I have tabled amendment 81, which would require an affirmative parliamentary procedure for regulations made under clause 20.
I recognise that it is sometimes necessary to tackle less consequential points or issues in need of immediate response through secondary legislation, but that does not mean that Ministers have an excuse to avoid the watchful eye of parliamentary scrutiny. I hope that all hon. Members will support amendments 80 and 81.
Matthew Pennycook
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Hansard
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Excerpts
As the shadow Minister made clear, amendments 80 and 81 concern the power in clause 20 to make consequential provision and the level of parliamentary scrutiny that should apply. I recognise that they seek to ensure robust parliamentary scrutiny, but as we have already discussed during our proceedings, the Government believe that the Bill strikes the right balance.
Amendment 80 would prevent consequential regulations from amending or repealing primary legislation. That could mean that any consequential changes identified following Royal Assent would require additional primary legislation. That would be an inefficient use of parliamentary time and could delay implementation. The power is expressly limited to provisions that are consequential to the Act. It cannot be used to pursue new policy objectives, whether related or not, to the legislation approved by Parliament in the Bill. Any regulations made beyond what is consequential on the Bill’s provisions would be open to legal challenges, as well as parliamentary scrutiny. Importantly, clause 20 already provides additional scrutiny where this power is used to amend or repeal primary legislation, with such regulations requiring the approval of both Houses.
Amendment 81 would go further by requiring all consequential regulations to be approved by both Houses. We do not consider that to be proportionate. Where regulations do not amend or repeal primary legislation, the negative procedure provides an appropriate level of scrutiny for more technical, supplementary, incidental, transitional or saving provisions. The power is limited to making provision that is consequential on the Act and is intended to ensure its effective implementation and the maintenance of a coherent legislative framework. I therefore consider that clause 20 provides the appropriate level of parliamentary scrutiny, while avoiding unnecessary demands on parliamentary time. On that basic, I hope I have sufficiently reassured the shadow Minister, and I ask that he does not press amendments 80 and 81.
10:30
I turn now to clauses 20 to 23, which are the general provisions of the Bill. Clause 20, as I set out, gives the Secretary of State the power to make consequential regulations arising from the Bill. The purpose of this power is to ensure that, once the Bill is enacted, any necessary consequential changes to the statute book can be made to ensure that the provisions of the Act operate effectively and coherently alongside existing legislation. The parliamentary procedure for this power is affirmative where the regulations amend or repeal provision made by an Act of Parliament, and negative in all other cases. We believe that that strikes the right balance between parliamentary scrutiny and a proportionate use of Parliament’s time.
Clause 21 provides that the Bill’s extent is to England and Wales only, although the Bill’s application is to England only. Clause 22 deals with when the different parts of the Bill will take effect. Some of the right-to-buy and right-to-acquire provisions will come into force straightaway on Royal Assent. That is to mitigate any spike in sales, which would undermine our central objective of protecting existing social homes. However, we will take steps to notify tenants, via gov.uk, and their landlords of the forthcoming changes to schemes in the coming weeks and ahead of implementation. Other provisions of the Bill will come into force two months later, where a short period is needed before the changes take effect. Any remaining provisions will be brought into force at a later date by regulations made by the Secretary of State. Clause 22 also allows the Secretary of State to make transitional or saving provision where that is needed as the new arrangements are introduced. The general provisions end with clause 23, which provides the short title of the Act: the Social Housing Act 2026. I commend these clauses to the Committee.
I also commend to the Committee Government amendment 78, which will make a consequential change to the Bill’s extent provisions. It is necessary as a result of new schedule 1, which makes amendments to the Co-operative and Community Benefit Societies Act 2014 and the Companies Act 2006. The amendment will ensure that the Bill’s extent provisions properly reflect those amendments. It is therefore a technical and consequential amendment.
Gareth Bacon
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I wish to press Opposition amendments 80 and 81 to a Division.
Question put, That the amendment be made.
Amendment proposed: 81, in clause 20, page 16, line 15, leave out subsections (4) and (5) and insert—
“(4) Regulations under this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of both Houses of Parliament.”—(Gareth Bacon.)
This amendment would require an affirmative parliamentary procedure for regulations made under Clause 20.
Question put, That the amendment be made.
Clause 20 ordered to stand part of the Bill.
Clause 21
Extent
Amendment made: 78, in clause 21, page 16, line 23, at end insert—
“(2) But that is subject to subsections (3) and (4).
(3) The following provisions extend to England and Wales and Scotland—
(a) paragraph 3(2) of Schedule (Management agreements with tenant management organisations);
(b) section 20 so far as it relates to paragraph 3(2).
(4) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) paragraphs 3(4) and 3(4) of Schedule (Management of local authority housing by TMOs) and section (Management of local authority housing by TMOs);
(b) section 20 so far as it relates to paragraph 3(4) and 3(4);
(c) this section;
(d) section 22(1)(f) and (g) and (5) to (8);
(e) section 23.”.—(Matthew Pennycook.)
This would change the extent provision of the Bill in consequence of the amendments of the Co-operative and Community Benefit Societies Act 2014 and Companies Act 2006 made by NS1.
Clause 21, as amended, ordered to stand part of the Bill.
Clause 22
Commencement
Amendment proposed: 84, in clause 22, page 16, line 27, leave out paragraph (a).—(Gareth Bacon.)
This amendment would prevent section 1 of this Bill coming into effect on the day on which the Act is passed. Together with amendment 85, section 1 would come into force at the period of three years beginning on the day on which the Act is passed.
Question put, That the amendment be made.
Question negatived.
Amendments made: 17, in clause 22, page 16, line 30, after “(4)” insert
“, subsection (5) so far as it relates to paragraph 17(1)(c) and (1A) to (1F) of Schedule 5 to the Housing Act 1985, and subsection (7)”.
This would remove clause 8(5) - so far as it relates to paragraph 17(1)(c) and (1A) to (1F) of Schedule 5 to the Housing Act 1985 - and clause 8(7) from the provisions that come into force at royal assent. As a result of this amendment and amendment 18, they would come into force in accordance with commencement regulations (under clause 22(4)).
Amendment 79, in clause 22, page 16, line 34, after “regulations” insert “or to issue guidance”.
This would bring powers to issue guidance in NS1 into force at Royal Assent.
Amendment 18, in clause 22, page 17, line 12, after “buy)” insert
“except for subsection (5) so far as it relates to paragraph 17(1)(c) and (1A) to (1F) of Schedule 5 to the Housing Act 1985, and subsection (7)”.—(Matthew Pennycook.)
This would remove clause 8(5) - so far as it relates to paragraph 17(1)(c) and (1A) to (1F) of Schedule 5 to the Housing Act 1985 - and clause 8(7) from the provisions that come into force two months after royal assent. As a result of this amendment and amendment 17 , they would come into force in accordance with commencement regulations (under clause 22(4)).
Clause 22, as amended, ordered to stand part of the Bill.
Clause 23 ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Matthew Pennycook
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May I take the opportunity to put on record my thanks to you, Mr Vickers, and the other Chairs of the Committee? I also thank our exemplary Clerks, the Hansard reporters and the Doorkeepers for overseeing our proceedings, and my officials and private office for all their support in bringing forward this piece of legislation. Finally, I thank my hon. Friends on the Government Benches for their valuable insights.
I have had a spirited and constructive dialogue with the shadow Minister and the Liberal Democrat spokesman. I accept fully that there are principled points of disagreement, but I have valued their challenges and contributions. I very much look forward to further engagement with all hon. Members as the Bill progresses through its remaining stages.
Gareth Bacon
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I echo the Minister’s sentiments. Obviously, on a subject like this, there will be disagreements across the House, but they have been largely respectful and, at times, quite good-humoured. I thank the Minister, his officials, my hon. Friends from the Opposition, the Liberal Democrats and all hon. Members on the Committee. I look forward to seeing you all on Report.
Gideon Amos
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I repeat the thanks from the Minister and the Opposition spokesman to officials. I thank my hon. Friends who have supported me, and the Minister for taking on board so many amendments—at least in spirit, if not in reality.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
10:38
Committee rose.
Written evidence reported to the House
SHB38 Citizens UK
SHB39 Association of Safety and Compliance Professionals
SHB40-42 Milly Adestra (further submissions)
SHB43 Local Government Association