Renters’ Rights Bill
Debate between Baroness Grender and Baroness Scott of Bybrook(2 weeks ago)
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Baroness Scott of Bybrook (Con)
My Lords, I will be brief. Amendment 68 seeks to make a modest but sensible change to Clause 6 by replacing “may” with “must”. The intention here is clear: to ensure that the Secretary of State is under a duty—not merely a discretion—to publish the prescribed form for a notice of possession and to ensure that it is kept up to date. We simply do not understand why the Government believe that discretion is necessary in this case. If a form is to be relied on by landlords and tenants alike, and ultimately by the courts, it must be accessible and current. Anything less introduces the risk of confusion, inconsistency or even procedural unfairness.
Can the Government kindly explain the rationale behind retaining this discretion? In what circumstances does the Secretary of State envisage not publishing the form or not ensuring that the version in use is the most recent? This is a matter of basic clarity and procedural transparency, and I hope the Minister can provide some reassurance on this point.
Baroness Grender (LD)
My Lords, I find myself in a strange position: having argued earlier on discretionary powers to change “must” to “may”, I now find myself in support of changing a “may” to a “must”. I agree with the noble Baroness, Lady Scott, that making this open, available and transparent would be a good thing. I look forward to hearing the Minister’s response.
Renters’ Rights Bill
Debate between Baroness Grender and Baroness Scott of Bybrook(2 weeks, 2 days ago)
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Baroness Grender (LD)
My Lords, I will speak briefly from these Benches, in part to spare my noble friend’s voice—I assure noble Lords that no wine has been taken this evening.
I will stress something that is beginning to cause confusion on these Benches: the suggestion that an assured shorthold tenancy is in some way secure. It has been well documented over many years that huge insecurity is attached to an assured shorthold tenancy. Everything that we have learned about the huge turnover has for so many tenants been attached to the fact that ASTs are sometimes down to six months. A periodic tenancy—which has no end—is surely more secure than these fragile assured shorthold tenancies, which are often for only six months and cause huge insecurity for so many tenants. For that reason, these Benches are extremely concerned about the current direction of travel.
Baroness Scott of Bybrook (Con)
My Lords, I am very grateful to all noble Lords who have spoken in this debate. Indeed, it follows on very neatly from our earlier debate on fixed-term tenancies. My noble friends Lord Davies of Gower and Lord Moynihan made compelling arguments for why we should permit fixed-term tenancies for both professional athletes and police officers. The benefits were set out with conviction and clarity, and I hope the Government Benches have listened. Of course, I would prefer that fixed-term tenancies continued to be available for everyone.
I will not rehearse the arguments made earlier, but does not the growing list of amendments seeking exemptions highlight the real value that fixed-term tenancies offer, supporting people from all walks of life, from athletes to police officers and everyone in between? Nurses, doctors, students, military personnel and even performers can all benefit from a fixed-term tenancy. The Government should consider these benefits. In removing fixed terms altogether, the Bill risks taking away short-term lets that serve as a real benefit for many thousands of people.
I turn to the Minister’s Amendment 59, which expands ground 5C to account for police officers. These Benches understand the importance of an employer’s need to regain possession of rented property if the tenancy is linked to a tenant’s employment. I thank the Minister for setting out details of the amendment.
Finally, I wish to note Amendment 62, tabled by the right reverend Prelate the Bishop of Manchester. I thank him for the chat we had about it, because I had no idea that this happened within the Church of England. Enabling a debate on possession for the purposes of housing a person leaving tied accommodation is most welcome. This is an important issue, as it ensures that a landlord, who is often also the employer, can regain possession of a property when it is needed to house a new employee, but also—as in the case of the Church of England—allows the Church to regain a property that is required for the retiring employee. We must recognise the value of maintaining the availability of essential employment-linked housing, and consider how best to safeguard it in practice. Additionally, we must not discourage landlords from helping tenants by giving them extra time to move out, providing references or offering alternative housing, especially in sectors such as education or farming—or, indeed, in the Church.
This debate has encapsulated the depth and breadth of the Bill, and the numerous areas that it covers. A modern, dynamic workforce needs the freedom to move, adapt and pursue opportunities wherever they arise. We must have a laser focus on occupational needs when considering any changes to the rental market.