Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

I thank all noble Lords for this wide-ranging, very productive and comprehensive debate. With over 60 contributions made, I am obviously not going to be able to reply in detail to every one. I will do my best; I have tried to put first the things that were talked about the most. If I do not get to some of the questions I will of course reply in writing.

I have been very encouraged to hear the degree of consensus on the need for action and on much of the intent of the Bill, even if there has been some reference to what the noble Baroness, Lady Thornhill, referred to in her characteristically direct way as the bad and the ugly in the Bill. It has been a very good discussion, and I do not think there is any difference of opinion about the need for things to change.

I especially thank the noble Lord, Lord Banner, for his contribution to the Bill, particularly in the critical area of judicial reviews, which we have looked at in great detail; I am grateful for his support in that work. The contributions of the noble Lords, Lord Fuller and Lord Liddle, from opposite sides of the House, definitely showed why the Bill is so important. The noble Lord, Lord Gascoigne, described it well when he said the Bill is “about the kinds of places we want to build and the kind of country we want to be”. That is a very good way of describing what we are doing here.

I will make a few general points and then turn to some of the specific issues that were raised. The noble Lord, Lord Best, referred very powerfully to the housing crisis and the broken model of relying on volume housebuilders to deliver against the housing need which we definitely have. We currently have 160,000 children in temporary and emergency accommodation. That is an absolute scandal—we have to deal with these issues.

I was at St Mary’s school in Walthamstow yesterday, where the children are doing a project on homelessness, and I asked them what they would say to the Prime Minister. They said, “Can you tell the Prime Minister to build some more homes that people can afford?” I think that was quite right. I said that I will tell the Prime Minister that, so we will get on with that as quickly as we can.

Since 1990, home ownership for 19 to 29 year-olds has more than halved. Homes cost eight times the annual earnings of an average worker. The number of homes granted planning permission has fallen from 310,000 in 2021 to 235,000 in 2025 Q1. The number of new homes is estimated to drop to around 200,000 this year, and this would be the lowest year for net additional dwellings in England since 2015-16.

Infrastructure costs have increased by 30%—more than GDP per capita—since 2007, and the time it takes to secure planning permission for major economic infrastructure projects has almost doubled in the last decade to more than four years. We are not putting the blame on planning officers or councillors. I pay tribute to all those planning officers across the country who work with this system day in, day out, and to all the councillors who play their part in it as well.

We know that 96% of planning decisions were made by planning officers in the year ending March 2025, and it was that small percentage outside of that which were made by planning committees. Only 20% of planning applications for major development are decided within the 13-week statutory deadline. It is important that we focus now on how we are going to improve this system.

I will comment on the points made by the noble Baronesses, Lady Coffey and Lady Grender. On the 700,000 empty homes in this country, once housebuilders have been granted permission for residential development, meeting local housing needs and preferences, we expect to see them built out as quickly as possible. Local planning authorities already have powers to issue completion notices to require a developer to complete its development if it is stalled, and if they fail to do so the planning permission for the development will lapse.

On homes being approved but not yet built, we know that too many developments secure planning permission and then are either stalled or not built out quickly, to the frustration of local planning committees and authorities and their communities. That is why we are proposing to introduce a new statutory build-out reporting framework to ensure that there is greater transparency and accountability about the build-out of new residential development. We are currently consulting on that, but we are determined to make sure that communities do not see empty homes, or homes that are permissioned and are not built, when there is such an enormous need for housing around the country.

[Lord Fuller (Con)]

Will the Minister accept that in many of the cases where permissions are granted, pre-commencement conditions are not yet met and that is the reason these permissions are not executed or completed? In so many cases it is because of the other statutory consultees: it is not the council; the baton passes from the council to the developers at that stage. They are the hold-up, and they are that break between the issuance of permission and commencement on site, and that is really where much of the government effort needs to be.

[Baroness Taylor of Stevenage (Lab)]

I understand exactly the point the noble Lord, Lord Fuller, is making and there are measures in the Bill which will ease that pressure. We are looking at stat cons and how that process works but, overall, we need to make sure that we get a very smooth process, where we speed up the whole application process, the pre-commencement phase and the build-out phase, because that is what will start delivering housing at pace in this country.

Some noble Lords have mentioned the New Towns Taskforce. It will be reporting this summer, and we will also be publishing a comprehensive housing strategy. I cannot say exactly when; I have that Civil Service phrase “in the not too distant future”, which is frustrating, but I hope it will be very soon.

The right reverend Prelate the Bishop of Manchester mentioned the very excellent report of the Church housing commission and the Nationwide Foundation. I was very grateful for that piece of work; it has been incredibly helpful in shaping thinking, particularly on social, affordable and specialist housing.

The noble Lord, Lord Patten, and other noble Lords mentioned that planning is not necessarily the block to growth. It is not the only key to growth, but it too often can be a substantial constraint on it. We want to move that forward as quickly as possible.

I was asked for the number of homes we are going to be building and exactly what the plan is over the years. We are working on that plan, particularly for the social and affordable housing. It was going down— I have mentioned the figures already—and it will ramp up to deliver those 1.5 million homes during the course of this Parliament. It is very important that, as we do that, we deliver the kind of homes we want to see, in relation to design and net zero, and that they do not have a detrimental impact on our environment. My noble friends Lord Hunt and Lady Liddell have emphasised skills and investor confidence as further parts of this picture. They are very important, and I will say a little bit more about those in a moment.

The ambition of the Bill is really transformative. We want to mark the next step in the most significant reforms to the planning system in a generation. We are building on urgent action to unlock development, including: our new pro-growth National Planning Policy Framework published in December; ending the de facto ban on onshore wind; a review of the role of stat cons, as I mentioned to the noble Lord, Lord Fuller; supporting SME builders; and boosting local authority capacity. I have spoken before about the Government’s action on skills. All of this and the Bill will help deliver our Plan for Change, get 1.5 million safe and decent homes built and fast-track planning decisions on 150 major economic infrastructure projects by the end of this Parliament. We recognise the scale of the challenge. I look forward to working with noble Lords in this House to make sure that the Bill facilitates that scale of ambition.

On the specific issue of the reform of planning committees, many noble Lords have mentioned this, including the noble Baronesses, Lady Scott, Lady Coffey, Lady Jones, Lady Miller and Lady Pinnock, the noble Earl, Lord Russell, the noble Lords, Lord Mawson, Lord Gascoigne, Lord Shipley and Lord Bailey, and the noble Viscount, Lord Trenchard, and probably some others that I did not get round to writing down. This is a very important part of the Bill. Planning committees play a critical role in the planning system, ensuring adequate scrutiny is in place for developments and providing local democratic oversight of planning decisions. However, they are not currently operating as effectively as they could be.

We are not taking local decision-making out of local hands. Those decisions will continue to be vested locally, but we want to engage the public and councillors more at the stage of the local plan, where they can really have an influence on place shaping and can influence what they want to see in their communities, as a number of noble Lords have said.

We will be introducing a national scheme of delegation, which will facilitate faster decision-making, bring greater certainty to stakeholders and applicants and effectively utilise the planning professionals, by doing what they are best at. We are also introducing mandatory training for committee members. We have always had compulsory training for planning members in my local authority— I did not realise that it was not compulsory. We need to make sure we do that to get well-informed decision-making and improve consistency across the country.

A number of noble Lords mentioned the role of AI in planning. I met with the digital team in our department this morning, and it is making great strides forward in planning. This is very exciting: it is not just for digitising the planning system and mapping out all the spatial issues we face in the country, including all the nature mitigation that is needed, but it is also to help with consultation. On the local government consultations we are doing at the moment, we are getting hundreds of responses. If you can digitise the assessment of that, it is really going to help with the planning process, though, of course, it always needs human oversight.

The noble Lord, Lord Banner, rightly referred to resources and capacity in the Planning Inspectorate. I reassure noble Lords that consideration is being given to this.

The noble Baroness, Lady Miller, referred to Planning for Real; I remember it very well—just before I became a councillor, I got involved in a Planning for Real exercise. We are hoping to engage and encourage people with those kind of exercises as they draw up their local plans.

The noble Lord, Lord Lucas, spoke about digital twins and AI, which is another thing I have been very interested in. I know that Singapore has a fabulous way of doing this, and it is very important to planning.

I thank the noble Lord, Lord Murray, for his contribution on mediation. We are very supportive of that and are looking at it.

Some noble Lords suggested that reforms within our Bill remove democratic control from local people and restrict the input of community voices in the planning process. That is simply not the case. Engagement with communities is, and will remain, the cornerstone of our planning system and a vital step in the design of major infrastructure. We are currently consulting on the proposals for the scheme of delegation, so everybody will have a chance to contribute to that.

I will move on to wider housing and planning issues, including affordable housing. A number of noble Lords raised the issue of social and affordable housing, including the noble Lords, Lord Cameron, Lord Teverson, Lord Best and Lord Evans, and the noble Baronesses, Lady Jones and Lady Levitt. This is a vitally important issue. The Government’s manifesto commits us to delivering the biggest increase in social and affordable housing in a generation. The spending review confirmed £39 billion for a successor to the affordable homes programme. For the first time in recent memory, we will be able to give providers a decade of certainty over the capital funding they will have to build new, more ambitious housing development proposals. In the National Planning Policy Framework, we have asked local councils that, when they draw up their local plans, they assess the need not just for affordable housing, because that is a very difficult definition, but for social housing. That is critical.

On housing quality and design, the noble Lords, Lord Thurlow, Lord Crisp, Lord Shipley, Lord Carlile and Lord Best, the noble Earl, Lord Caithness, and the noble Baroness, Lady Levitt, all raised this issue. I thank the noble Lord, Lord Crisp, for meeting me to discuss this. We need to ensure that new developments are built to a high standard and the importance of good design, promoting the health and well-being of all those who live there. I apologise to the noble Lord, Lord Carlile, that architects have not been mentioned perhaps as much as he would have liked, but the NPPF makes clear the importance of well-designed, inclusive and safe places and how this can be achieved through local design policies, design codes and guidance. That includes transport, open spaces, and climate change mitigation and adaptation.

I will move on now, because time is pressing on, to the issues that I think were probably mentioned by most noble Lords: namely, the nature restoration fund and Part 3. If your Lordships do not mind, I will not read out all the names, because we would be here most of the evening.

When it comes to development and nature, the status quo is not working. We need to build on the success of policies such as diversity net gain and ensure that we do everything we can to deliver positive development. By moving to a more strategic approach to discharging obligations, the nature restoration fund will allow us to deliver environmental improvements at greater scale, with greater impact, while unlocking the development this country needs. We are confident that the new model will secure better outcomes for nature, driving meaningful nature recovery and moving us away from a system that is at the moment only treading water.

On the issue of regression, I reassure noble Lords that this new strategic approach will deliver more for nature, not less. That is why we have confirmed in the Bill that our reforms will not have the effect of reducing the level of environmental protection of existing environmental law. Through the NRF model we are moving away from piecemeal interventions and going further than simply offsetting harm, as is required under current legislation. We have been clear that environmental delivery plans will be put in place only where they are able to deliver better outcomes which will leave a lasting legacy of environmental improvement. I will not go into more detail on that now but will set it out in writing, because I know that lots of noble Lords are concerned about it.

On irreplaceable habitats, let me reassure everyone that we consider them to be just that: irreplaceable. The legislation is clear that an EDP can relate to a protected site or a protected species, with these being tightly defined in the legislation. As the Housing Minister made clear in the other place, the Bill does not affect existing protections for irreplaceable habitats under the National Planning Policy Framework. While there may be circumstances where an environmental feature is part of both a protected site and an irreplaceable habitat, an EDP will not allow action to be taken that damaged an irreplaceable habitat, as this would by definition be incapable of passing the overall improvement test. I hope that that has provided some reassurance.

I reassure the noble Baroness, Lady Willis, that green space in urban areas is already part of the planning system through the National Planning Policy Framework. A number of noble Lords commented on the capacity and capability of Natural England, and I will write to noble Lords on that, if that is okay.

The noble Lord, Lord Roborough, talked about the impact of the NRF on farmers. I know that that is a very important issue, and many in this House very ably represent the interests of farmers, so I welcome the opportunity to flag the opportunities the NRF presents for farming communities. We want to work in partnership with farmers and land managers to deliver conservation measures which will provide opportunities for them to support the delivery of such measures and diversify their business revenues.

I will write to all noble Lords about EDPs and all the other issues relating to Part 3. I say to the noble Lord, Lord Goldsmith, that he quoted my words back to me very accurately. I have now been to Poundbury, by the way, and seen the swift bricks in action. We recognise that these are a significant tool, and we have made it clear in the revised NPPF that developments should provide net gains such as that. I recognise why many would want to mandate this through legislation, but we think there is a better way of doing that, so we will be consulting on a new set of national policies, including a requirement for swift bricks to be incorporated into new buildings. I hope that that answers the question.

I shall talk briefly about the Gypsy and Traveller housing, mentioned by my noble friend Lady Whitaker, the right reverend Prelate the Bishop of Manchester and the noble Baroness, Lady Bakewell. I share their frustrations at how this has been dealt with. As part of the revised National Planning Policy Framework, we have corrected long-standing inconsistencies in the way applications for sites are considered and provided greater clarity. We have revised the definition of Gypsies and Travellers to align with domestic and European law.

I see that I have run out of time. I will not try to cover all the other issues. I have got plenty to say on development corporations, infrastructure and so on, but I will write to all noble Lords who have taken part in this debate and answer the questions I have been asked, including on rural housing, protection of the green belt and so on.

I reiterate my thanks to your Lordships for your engagement with the Bill to this point and give particular thanks to the opposition spokespeople: I have been there, so I know what that is like, and I am grateful to you.

I look forward to working with all of you during the passage of this important and truly ambitious piece of legislation. My noble friend Lord Hanworth referred to the ambition shown by the post-war Government when reconstructing our country. It was that Government who took the pre-war planning inspiration from garden cities and Ebenezer Howard a step further to create my town and other first-generation new towns, with the boost that gave to the economy. We now have the opportunity to take the next step to clean energy, to use artificial intelligence, to have a new clean energy transport infrastructure and to plan the new homes and communities that a new generation will need. I look forward to working with all of you on that over the next few weeks and months.

Bill read a second time and committed to a Committee of the Whole House.

Planning: Energy Efficiency and Fire Safety

Baroness Taylor of Stevenage Excerpts

Monday 23rd June 2025 Lords Chamber

[Baroness Griffin of Princethorpe (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw your attention to my register of interests.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I welcome my noble friend’s expertise to help with some of these issues as we debate our planning for the future. She raises valid and important points. All new homes must comply with energy-efficiency and fire safety measures as set out in the building regulations, once planning permission has been obtained. While government does not comment on or routinely intervene in local authority decision-making, we trust our local councillors and local authorities to deliver local plans that carefully consider both energy efficiency and fire safety. As we move into the new era of strategic plans, I am sure that our mayors will take carbon reduction in new homes, and fire safety, as seriously as our councillors currently do.

[Baroness Griffin of Princethorpe (Lab)]

I sincerely thank my noble friend the Minister. Today, millions in the UK still live in buildings with unresolved fire issues, many of which are being targeted for retrofit under decarbonisation plans. For energy efficiency, the cheapest fuel is the fuel you do not use at all. Local leaders and regional mayors need a clear mandate and resources to ensure that fire safety is integrated into renovation and new build. From 2020 to today, there have been over 230 fires related to cladding alone. How will the Government ensure that fire risk assessments are mandatory for retrofit and new build and that planning frameworks are updated accordingly?

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend for making that point so powerfully. We all know how urgent this work is. Retrofit work in support of decarbonisation must comply with building regulations, including those concerning fire safety. As the regulations state, the building’s compliance should be no worse than it was before the work started. No additional measures are needed to ensure that fire safety is integrated into retrofit. Under the Regulatory Reform (Fire Safety) Order, a fire risk assessment will be completed for all new builds, other than individual private homes. Building regulations require building control bodies to consult the local fire and rescue authority to ensure compliance with the order. There is a further requirement under the order for a responsible person to review the fire risk assessment for those premises where material changes, such as a significant retrofit, are made to the building in question.

[Lord Young of Cookham (Con)]

My Lords, the National Audit Office estimated that the work to which the noble Baroness just referred will not be completed until 2035. Is that not far too late a date for people to live in unsafe buildings? What action are the Government going to take to bring that date forward?

[Baroness Taylor of Stevenage (Lab)]

I am sure that the noble Lord paid full attention to the remediation action plan that the Government published, and we want to move this forward as quickly as possible as there is a lot of work to be done on remediation. My honourable colleague in the other place, Minister Alex Norris, is moving forward the remediation action plan as quickly as possible, as we have to make sure that we get on with this now. Eight years is far too long not to move this forward, but we are getting on with the job now and cracking on with it as quickly as we can.

[Baroness Nichols of Selby (Lab)]

My Lords, in light of the Chancellor’s recent announcement of £39 billion to help boost social and affordable housing, will the Government work with local authorities to ensure that all these new homes are built with consideration of energy efficiency and appropriate fire safety measures? Will the Government also consider adapting these homes, or at least some of them, for disabled people, as it is easier and much more cost effective to do this at the construction phase?

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My noble friend is quite right. We will bring forward the future homes standard in the autumn—we are consulting on it at the moment—which will ensure that new homes are net-zero ready and that householders benefit from lower energy bills, with high levels of energy efficiency and solar PV. We made an announcement last week that the standard will include solar panels, which we expect to be installed on the majority of new homes. I have spoken to my noble friend on her point about disabled facilities, and we understand the frustrations of, for example, those applying for disabled facilities grants. The more we can make sure that homes are fit for everybody in our community, the better it will be. We are considering this further as we develop our housing strategy, which is due to be published later this year.

[Baroness Pinnock (LD)]

My Lords, the cost of cladding remediation is up to £40,000 per flat. Can the Minister tell the House how leaseholders, who are not eligible for grant funding from the Government and contractors, will be able to afford the remediation of homes which insurance companies believe are not safe to live in?

[Baroness Taylor of Stevenage (Lab)]

We are working very closely with leaseholder bodies to understand their issues. I understand the difficulties, and we are making sure that those responsible for the buildings are held to account and that they support leaseholders to get the work done. I am still talking to leaseholders, and we will bring forward more action on their general conditions in the leasehold Bill later this year. I know that this is a very difficult issue for them, and we continue to work with them on it.

[Lord Jamieson (Con)]

My Lords, I declare my interest as a councillor in Central Bedfordshire. The building safety regulator has a critical role to play to ensure fire safety, particularly for high-rise buildings. However, it does not currently have the capacity to deliver its role, creating huge delays to many housing projects. Can the Minister give the House a date when the substantial delays of the building safety regulator will be addressed?

[Baroness Taylor of Stevenage (Lab)]

I do not know if the noble Lord was in the Chamber when I spoke about this last week, but we are aware of the building safety regulator’s difficulties. We have put in additional funding and are working with the regulator to improve performance, particularly on the gateway issues. It is very important that we get this balance right. We want our buildings to be safe, and the building safety regulator must be able to do its job properly. We also want to move things on for the development industry so that developers can get through the gateways as quickly as they can; both things are important. I will not give the noble Lord an exact date—I do not suppose he would have expected me to—but we are working with the building safety regulator to move this on as quickly as possible.

[Baroness Butler-Sloss (CB)]

My Lords, I am absolutely delighted about the solar panels measures, because I have been asking questions of this Government about the fact that locally, in east Devon, there is about to be a new town of 20,000 people with not a single solar panel on any of the buildings. How tough will the Government be in seeing that the solar panels regulations are actually carried out by entrepreneurs who have no desire whatever to put them on roofs.

[Baroness Taylor of Stevenage (Lab)]

As this is incorporated into the planning process, it will become part of how planning is done so that it will be put in from the outset. We will accelerate the specific types of infrastructure, including making sure that, as people put planning applications in, we look at them to make sure that buildings are fit for purpose, do not need retrofitting and will have solar panels and, where appropriate, ground source heat pumps. Our commitment is to get to net zero as quickly as we can while making sure the planning system is fit for purpose in delivering that across the country.

[Lord Kirkhope of Harrogate (Con)]

My Lords, the issue of sustainable energy concerns us all, particularly with the advent of a large number of applications for solar farms. Is the Minister aware that, on fire safety, there are deep concerns among the population because of the lithium battery plants that have to go with these solar farms? Where other solar farms have been created around the world, there have been considerable dangers, and fires have occurred that have put local populations in some jeopardy. Does the Minister have any comment on that?

[Baroness Taylor of Stevenage (Lab)]

I understand the question the noble Lord is asking. I remind the House that 0.1% of the country has solar farms. I understand that that is not the question he was asking, but it is raised very frequently in the House. I will take back the issue of lithium batteries and solar farms and send him a Written Answer.

Social Housing

Baroness Taylor of Stevenage Excerpts

Thursday 19th June 2025 Lords Chamber

[Baroness Warwick of Undercliffe]

To ask His Majesty’s Government what assessment they have made of the number of new social homes built, and the number of new homes for social rent which have received planning permission, in the past six months.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I was delighted that in the spending review last week the Government were able to provide the biggest boost to social and affordable housing investment in a generation. We have confirmed £39 billion for a successor to the affordable homes programme over 10 years.

On the planning application statistics that my noble friend has requested, although the publication includes the number of homes granted planning permission, it does not yet include separate figures for new social homes built or the number of homes for social rent. The next quarterly publication is due on 19 June. However, there is an annual release published by the Government that includes affordable and social homes. The data for the last six months, up to March 2025, is not yet released but it will be available later this month.

[Baroness Warwick of Undercliffe (Lab)]

I thank my noble friend for that very positive reply. The entrenched and acute housing crisis inherited by the Government is in no small part due to the long-term failure to build anywhere near enough homes for social rent. My noble friend has made it clear that we are finally on the path to turn this around.

The National Housing Federation and other sector bodies described last week’s announcement as

“transformational … and will deliver the right conditions for a decade of renewal and growth … It is the most ambitious Affordable Homes Programme we’ve seen in decades”

and, most importantly,

“offers real hope to thousands of people who need safe, secure and affordable homes”.

Can my noble friend the Minister provide an update on the design and delivery of the new 10-year affordable homes programme, including what emphasis it will place on social rented homes, alongside other affordable tenures such as shared ownership?

[Baroness Taylor of Stevenage (Lab)]

I am grateful to my noble friend for her warm reception for the announcement made at the spending review, and to the many social housing bodies that have echoed her words. We will work with the sector at pace to design the programme. We have provided certainty that it will be for a full 10 years; our providers wanted that certainty, and we were pleased to give it. We have combined that with a 10-year rent settlement that will give social housing providers the support and certainty they need to build the social and affordable homes that are so desperately needed. It is important to note the decline in social home building: in the 1950s, when my town was built, we were building around 200,000 social homes a year, but in recent years, we have built fewer than 10,000. We have a lot of work to do, and we will get on with the job.

[Lord Forsyth of Drumlean (Con)]

My Lords, where are the plumbers, electricians and builders going to come from to build these houses? Do the Government have plans to increase the number of people in apprenticeships who are being trained for that purpose?

[Baroness Taylor of Stevenage (Lab)]

I am pleased to be able to tell the noble Lord that we have a £600 million package for construction skills. We set up the Construction Skills Mission Board under the very able chairmanship of Mark Reynolds from Mace; I worked with Mark and Mace on the regeneration of Stevenage, so I am sure that he will do a fantastic job on that. That will create an extra 60,000 construction worker posts by 2029. There will be 10 new technical excellence colleges. Skills bootcamps have been extended with £100 million of funding, including short-term training for new entrants and upskilling for returners. The Construction Industry Training Board has really stepped up here with funding from industry to fund over 40,000 industry placements and to double the size of the new entrant support scheme to support SMEs to recruit, engage and retain apprentices.

[Baroness Brown of Silvertown (Lab)]

My Lords, homelessness and housing costs are driving factors in both child poverty and ever-escalating costs of homelessness. My council alone is spending £60 million a year—a figure that is rising—to tackle homelessness. Newham and other councils have done their absolute best to provide affordable homes and thereby cut costs to themselves and their residents, but they need government help. Can my noble friend say what assessment she has made of the role of local government in the delivery of affordable and social homes?

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend. Of course I would say this, but local government is absolutely critical to delivering the new, generational change in the number of social homes being delivered. Our changes to reverse the set of supply-negative changes made by the previous Government introduce a wider set of growth-focused interventions that will help with this. The Secretary of State and I want this to be a plan-led system. When the new National Planning Policy Framework was published in December last year, I was delighted to see that we have, for the first time, encouraged local authorities to assess their social housing need separately from affordable housing, which I am sure will help. Later this year, we will introduce reforms to accelerate local plan preparation. As my noble friend said, this is not just a great cost to the people who are homeless and in temporary emergency accommodation but an enormous cost to the public purse and for our councils, so we need to solve the problem quickly.

[Lord Best (CB)]

My Lords, I hugely welcome the £39 billion announced in the spending review for affordable housing; it is really good news. Will the Minister comment on a new blockage to getting those homes built: the long delays with the building safety regulator? Are these the major reason why in London the number of new-build starts is way down this year compared with last year? Can we do anything about the delays in approvals by the building safety regulator?

[Baroness Taylor of Stevenage (Lab)]

I am glad that the noble Lord asked me that question, because regulators fall into my part of the departmental responsibilities. I am very aware of the concerns about the impact of gateway delays on investment decisions in high-rise and other projects. We are taking significant measures to address the challenges currently faced by the building safety regulator. We are exploring all options with the regulator to ensure that it is equipped for the high demand of applications. We have already provided additional funding to improve capacity at the BSR for building control caseworkers and in-house technical specialists, and we are working with it on a daily basis to make the system a bit slicker than it is now.

[Baroness Scott of Bybrook (Con)]

In light of the findings of the report on transforming lives and balancing budgets, can the Minister say what urgent steps the Government are taking to address the chronic shortage of appropriate community housing for adults, particularly those with autism and learning disabilities? Will the department explore partnerships with private capital providers to scale up specialist supported housing without relying on new public capital?

[Baroness Taylor of Stevenage (Lab)]

That is an important question, and we will see answers on the various specialist housing provisions in the housing strategy, which will be published later this year. The noble Baroness is right to point to the particular need for supported housing, which will be included in the strategy. We made some announcements this week on the national housing bank, which includes a partnership with the private sector to deliver housing; I refer noble Lords to the Written Ministerial Statement on that subject rather than going into the detail now. The noble Baroness is right that we will work with both public and private sector funding to deliver as much of the housing as we can, and the details of specialist housing will be included in the housing strategy.

[Baroness Thornhill (LD)]

My Lords, it would be churlish not to recognise the amount of money being put into social housing, but the Opposition will always say it is never enough so: it is never enough. The Minister will be aware that the barriers to building and delivering social housing are neither just financial nor, as the noble Lord, Lord Best, said, just around building safety; both the Section 106 route and the affordable homes programme have their problems for developers and providers. Can the Minister say what steps are being taken to overcome these barriers? In particular, are the Government considering reforming Section 106? Can she tell us when we will know what percentage of the affordable homes programme will be used for social housing, rather than so-called affordable housing, which is very unaffordable for many?

[Baroness Taylor of Stevenage (Lab)]

On the second part of the noble Baroness’s question, we are working on how we will deliver the split between affordable and social housing. Of course, both are important to the sector, and we will come forward with further information on that. On the Section 106 issues and the other barriers in the housing system, I was very pleased that the changes to the NPPF were made this year, because they will help. We have a new homes accelerator in the department, where developers or local authorities can come forward to help remove the barriers that are getting in the way. I will come back to the noble Baroness on her question about Section 106.

Chinese Embassy Development

Baroness Taylor of Stevenage Excerpts

Thursday 12th June 2025 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, the Government’s own cybersecurity experts, Innovate UK, have warned about the threat to the city of London from the embassy. Even the Government of the United States and the Dutch Parliament have raised concerns about the presence of sensitive telecommunications infrastructure, especially cables, beneath the Royal Mint Court. Given the well-documented history of cyber-related and infrastructure-related intrusions linked to the Chinese state, does the Minister agree that planning permission should never have been granted to a Chinese embassy, for many reasons, including that the Royal Mint Court is adjacent to the Wapping Telephone Exchange, and it carries highly sensitive information?

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, before I answer the specific question from the noble Baroness, may I update the House? The inspector’s report was received on 10 June by the department. Parties have been notified a decision will be made on or before 9 September 2025. As the report has just been received, we have not yet begun to assess the case. The inspector’s report will form part of the final decision and will be released alongside it. Until that point, neither the recommendation nor the report will be made public. I hope that update is helpful to noble Lords.

Turning to the noble Baroness’s question, because we now have the report and we will be considering it, it would not be helpful to comment on any specific security issue raised in the application while it is under active consideration by the department. However, all decisions that come before Ministers are subject to examination by an independent planning inspector, usually through a public inquiry. The planning inspector then provides an evidence-based recommendation, setting out full reasons for that recommendation. The inspector’s report considers the application against published local, regional and national policy, which is likely to include a wide variety of material planning matters that may include safety and national security.

On the specific issue of cybersecurity, as I have said, no decision has been made on the case. Ministers will come to a decision based on the material planning considerations I have referred to, in line with the established process that these cases follow.

[Lord Purvis of Tweed (LD)]

That update from the Minister is most helpful.

We know from public warnings from the director-general of MI5 that China has been operating on an “epic scale” in its attempts to obtain political influence in the United Kingdom through educational arrangements and the use of state funds. That is why these Benches are disappointed that the Conservative Opposition have agreed this week with the Government to exempt China from the foreign influence registration scheme in respect of educational arrangements and the use of sovereign wealth funds.

We also know that, through its embassy in the UK, China has been co-ordinating transnational repression of people who are carrying out normal activities in the UK but who have bounties on their head. I shall not ask the Minister about any technical planning or security considerations, but what statutory provision can there be in the embassy to prevent foreign influence from the Chinese embassy on our political processes, and to help prohibit transnational repression of those living in this country?

[Baroness Taylor of Stevenage (Lab)]

National security is, of course, the first duty of government more generally. On the specifics of the case, the inspector’s report will consider the application against all the national, local and regional issues, according to planning policy. Safety and national security will be taken into consideration to make sure that we have considered fully all the issues that may relate to this planning application.

It is difficult to answer general questions about the relationship with China in the same space as a planning decision, which has to be taken according to a fixed process. But noble Lords should be assured that we very strongly consider national security to be our first duty.

[Lord Alton of Liverpool (CB)]

My Lords, it is hard to imagine that, if in 1980 the former Soviet Union had asked for a prime site for a new mega-embassy, we in Parliament would have agreed. It is even harder for me to understand why we are doing this for a regime accused by the House of Commons of genocide against Uyghur Muslims in Xinjiang, one which has incarcerated over a thousand pro-democracy activists in Hong Kong, including a British national Jimmy Lai, sanctions parliamentarians of both Houses—including me—and, as the noble Lord, Lord Purvis, has just said, places bounties on heads of activists, including a bounty of 1 million Hong Kong dollars on the head of a young girl, Chloe Cheung, who lives in the United Kingdom. Why, in comparison with what we would have done in 1980, are we doing this now?

In the Commons, the Minister there said that the Government is open to further representations. To whom should they be made? How will they be considered? Given that the conditions set by the Government around the consolidation of Chinese consulate premises and access to the Cistercian abbey ruins on the site have both been rejected by the Chinese, how do the Government intend to address the rejection of those conditions?

[Baroness Taylor of Stevenage (Lab)]

The noble Lord raises a number of points and I have heard him speak many times on these issues to my colleagues from the FCDO. The Government stand firm on human rights, including against China’s repression of the people of Xinjiang and Tibet. Members of the Government have raised human rights with President Xi and members of the Chinese Government. We continue to co-ordinate efforts with our international partners to hold China to account.

On the issue of Jimmy Lai, I know this question has been answered before in your Lordships’ House, but we continue to call on the Hong Kong authorities to end their politically motivated prosecution and release Jimmy Lai. The Prime Minister raised his case with President Xi at the G20, and the Foreign Secretary raised it most recently with Foreign Minister Wang Yi in April. The Prime Minister is following Jimmy Lai’s trial closely, and the Minister for the Indo-Pacific remains in regular contact with Mr Lai’s son and last met him on 28 April.

In relation to the noble Lord’s question, which I believe was about representations, representations can be made in the normal way to the Secretary of State or the planning casework unit in MHCLG. All material planning considerations will be taken into account in determining the case. If any noble Lords wish to do so, they should be directed to the Secretary of State or the planning casework team.

[Lord Spellar (Lab)]

My Lords, the Minister has rightly outlined some of the concerns regarding the Chinese Communist regime and the way that it treats its nationals, let alone its international activities. However, international relations between states have never implied approval of those states, or indeed of their domestic regimes. They are about relations between states and that implies embassies as well. The fact is that big states have big embassies—for example, look at the US embassy south of the river. China is a big state; that is a fact. Can we dial down the rhetoric a bit?

[Baroness Taylor of Stevenage (Lab)]

I am not sure that was really a question, but I say to the noble Lord that the Government take a consistent long-term and strategic approach to managing the United Kingdom’s relations with China, which are firmly rooted in our national interest.

[Baroness Uddin (Non-Afl)]

My Lords, I had not intended to make any points on this, as I tread with care regarding accusations levelled at all Members of Parliament and community leaders who support people of Chinese heritage with whom many of us have long-standing relationships. However, following my noble friend’s question, the fallout from some of our high rhetoric and tension has an impact on the community outside. In my local area, I live alongside a large community of Hong Kong Chinese and I have had associations for 50 years with the Chinese community in Tower Hamlets and Newham, who have contributed hugely to the whole community. Will the Minister agree that, whatever the relationship is Government to Government, we must not make the communities the fifth column? I say this as someone who is Muslim and has experienced in the community the reverberations of the rhetoric in public discourse. Does the Minister agree that we need to make sure that we are extremely cautious in any condemnation of states and consider the fallout that may be experienced by the local communities?

[Baroness Uddin (Non-Afl)]

I did ask my question.

[Baroness Taylor of Stevenage (Lab)]

It is important to reiterate that this is a planning issue and will be considered on planning grounds. However, the noble Baroness raised concerns about the Hong Kong community. In January, the Foreign Secretary and Minister West met those who were recently targeted with arrest warrants and bounties by the Hong Kong police and, in June, the Security Minister and Minister West met those recently targeted by Hong Kong police with arrest warrants. The Government will continue to stand with and support members of the Hong Kong community who have relocated to the UK, as Labour pledged to do in our manifesto. Freedom of speech and other fundamental rights of all people in the UK are protected under domestic law, regardless of nationality. The UK Government will not tolerate any attempts by foreign Governments to coerce, intimidate, harass or harm their critics overseas, especially in the United Kingdom.

I reiterate that this is a planning matter and the issues will be considered by planning Ministers against the criteria, including national security and other security issues. A decision will be taken on or by 9 September.

Elections: Political Party Spending

Baroness Taylor of Stevenage Excerpts

Monday 9th June 2025 Lords Chamber

[Lord Rennard]

To ask His Majesty’s Government whether they have plans to regulate spending by political parties on elections further, including by applying a national expenditure limit every year, not just in the year before a general election, or by lowering the national expenditure limit.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, robust party spending and reporting rules are already in place. The Government do not have current plans to review the spending limits, but we are committed to maintaining the level playing field and the integrity of elections. In line with our manifesto commitment, our focus is on safeguarding our democracy by strengthening the regulations on political party donations. We plan to set out further details on that in our strategy for elections, which we expect to publish this summer.

[Lord Rennard (LD)]

My Lords, last week Elon Musk claimed that, without his $300 million donation, Trump would have lost the election. Does the Minister accept that democracy in this country should not be for sale and that millions of votes should count for more than millions of pounds? Given their commitment to a level playing field, will the Government act to bring in a cap on the size of donations that can be made to parties? Will they reverse the 80% increase in national spending limits brought in by the previous Conservative Government and opposed by Labour when in opposition? Will they introduce spending limits that apply every year, not just in the year before an election?

[Baroness Taylor of Stevenage (Lab)]

My Lords, many things are said on social media, including by Elon Musk, and I am aware that he is a prolific user of his own platform. There has been much discussion of his words and their impact; I do not want to dignify them with any further reaction in this Chamber. On the capping of donations, those who participate in electoral campaigns must also follow the donation and spending rules set out in law. It is the responsibility of those receiving political donations to take steps to ensure they are permissible, and we will take any necessary steps to ensure those requirements are tightened and abided by. There is no current priority on capping donations, but we are very keen on strengthening the rules around how donations work.

[Lord Hayward (Con)]

My Lords, I welcome both the Minister’s initial Answer and her reply to the noble Lord, Lord Rennard. She will be aware that Reform, in announcing its policy on DOGE, said that it would cost the ordinary voter nothing because the expertise would be provided for free. That surely constitutes a donation of some form or another. On Saturday, Aubrey Allegretti reported in the Times that the head of DOGE in Kent had said that they had

“hired up to a dozen people, including forensic accountants”

and data scientists. Does the Minister agree that this either constitutes a donation, which should be looked at by the Electoral Commission, or, more likely, is a cost to the voters of Kent County Council of which they were not aware when they cast their votes only a few weeks ago?

[Baroness Taylor of Stevenage (Lab)]

The noble Lord makes a very important point, and, like many others, I have heard a lot about DOGE in Kent. Local government funding is incredibly complex and, if what I have seen in the press is true, it is very important that anyone looking into this has a very detailed understanding of the subject. We have our own regulatory bodies, including CIPFA, which do great work in that area.

On breaches of donations, the rules are a matter for the Electoral Commission or the police. The Electoral Commission already has the power to investigate and to impose civil penalties where it is satisfied there has been a breach. As part of our commitment to strengthening the rules on donations, which, very importantly, include donations in kind, we are also reviewing whether any changes are required to the role and powers of the regulator to make sure that rules across the political finance framework are effectively enforced.

[Baroness Ramsey of Wall Heath (Lab)]

My Lords, what plans does my noble friend the Minister have to tighten the rules on foreign donations to ensure that donations are made only from profits generated in the United Kingdom?

[Baroness Taylor of Stevenage (Lab)]

My noble friend makes a very important point, one that we have discussed in the Chamber before. I can assure her that the Government take the threat posed by disinformation and foreign actors interfering in our democratic processes very seriously. It is and always will be an absolute priority to protect the UK against foreign interference. While it is clear that foreign donations to political parties are not permitted, the Government recognise the risk posed by malign actors who seek to interfere with and undermine our democratic processes, which is why we will take all necessary steps to ensure that effective controls are in place to safeguard our democratic processes. As I said before, we plan to provide further details on our election strategy in the summer.

[Lord Evans of Weardale (CB)]

My Lords, I welcome the Minister’s undertaking to publish a strategy for electoral finance regulation. In so doing, may I encourage her to revisit the report by the Committee on Standards in Public Life, of which my colleague, the noble Baroness, Lady Ramsey, was also a member at the time? We worked on the basis of evidence and had cross-party support for the various recommendations we made. Regrettably, the Government of the time decided to accept none of them, so this is an opportunity for the current Government to put right that error.

[Baroness Taylor of Stevenage (Lab)]

As the work is being done to consider what needs to be in the electoral strategy, there have been a number of recent reports on elections and how they work. All the work done will be considered as we pull together the election strategy.

[Lord Leigh of Hurley (Con)]

My Lords, in her answer to the Question from the noble Lord, Lord Rennard, and the Michael Brown memorial question, the Minister referred to a strategy document that is being produced before the Summer Recess, but as of yet there has been no engagement with any other political party on this document. The last Conservative Government consulted the parliamentary parties panel, but the Labour Government have yet to do this. Will she commit so to do? I declare my interest as a treasurer of the Conservative Party.

[Baroness Taylor of Stevenage (Lab)]

The noble Lord is right that all political parties must be engaged in any consultation. The idea is to produce a draft strategy based on the reports that have been produced so far and then have an extensive consultation on that. I will reply to the noble Lord in writing if that is different.

[Lord Wallace of Saltaire (LD)]

My Lords, I have to take the Question on money flowing into British politics further. In the Russia report, we had some information on Russian money flowing primarily into the Conservative Party and associated organisations. We now have American money from extremely reactionary groups within the United States—not the American state—flowing into a range of third-party campaigns and potentially through unincorporated associations to political parties. What are the Government going to do to monitor that and make it transparent to regulators?

[Baroness Taylor of Stevenage (Lab)]

I agree with the noble Lord that this is a very important area. There are strict rules relating to unincorporated associations and the political contributions they make, including transparency requirements when making significant political donations. Currently, donations from unincorporated associations make up some 4.6% of the value of all reported permissible donations, but there is a risk there and it is very important that we take it seriously. As already stated, our department is developing policy proposals to meet manifesto commitments. As part of this, we are exploring recommendations from key stakeholders, including many that were made relating to unincorporated associations.

[Baroness Scott of Bybrook (Con)]

My Lords, during the passage of the National Security Bill, the last Conservative Government gave a commitment to this House to introduce voter information-sharing powers between relevant agencies and with political parties to help identify irregular sources of money. Why have the Labour Government done nothing to deliver on this sensible proposal? Is it not in the Labour Party’s best interests that it is given the heads-up, if it is taking money yet again from Chinese spies?

[Baroness Taylor of Stevenage (Lab)]

I do not think it at all helpful, when we are discussing an important issue concerning electoral law, to be throwing around political accusations about where the money has come from, because all parties have evidence of what other parties have done. We have to treat this issue with the seriousness it deserves, and we have to work on what our strategy is. Information-sharing is, of course, a very important part of what we are doing. I can assure the noble Baroness that, when we come to the strategy in the summer, information-sharing will play a key role in that.

Parking (Code of Practice) Act 2019

Baroness Taylor of Stevenage Excerpts

Wednesday 4th June 2025 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

In begging leave to ask the Question standing in my name on the Order Paper, I declare my interest as the legislator responsible for the Private Member’s Bill that became the Parking Act 1989.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

I thank the noble Lord for kicking off the very lengthy process that we are involved in today. The Government issued a code in February 2022, but it had to be withdrawn in June 2022 because of a legal challenge. Areas of challenge included concerns that the code incorporated lower caps than the industry caps on parking charges at the time and that it banned debt recovery fees. The Government are currently actively reviewing how best to raise standards in the industry and plan to launch a consultation about the private parking code of practice in the near future.

[Lord Kirkhope of Harrogate (Con)]

Oh dear. Following the success of my good friend the right honourable Sir Greg Knight in securing the Parking (Code of Practice) Act 2019, we still do not have an actual code in place six years on. Delays by the previous Government, through litigation and a need to consult—I think twice —more broadly, have all allowed things to come to a halt. We really must have the code, and I am therefore disappointed that the Minister refers to yet another consultation. This code is needed, so please can it arrive soon?

[Noble Lords]

Hear, hear!

[Baroness Taylor of Stevenage (Lab)]

It sounds like there is unanimity around the Chamber on the need for this. Please be assured that I will follow this up to ensure that we do not wait another six years for the code. Consultation is very important. It is important that we take on board the views not only of the motoring public but of all the private parking organisations and motorists’ representatives. We do not want to end up with another legal challenge, which would hold it up even further. It is important we get it right this time.

[Baroness Pidgeon (LD)]

My Lords, the RAC has said that private parking operators are on track to hand out a record 14.5 million fines this year. In addition to the long-awaited code of practice, will the Government go further and introduce a regulator with appropriate powers to protect motorists and ensure transparency across the system?

[Baroness Taylor of Stevenage (Lab)]

We want to make sure that we do as much as possible to protect motorists, but this is an industry that helps to regulate parking. Having been a councillor for many years, I know the distress that wrong and illegal parking can cause people, so we have to get the balance right. We will look at all these issues, including the regulator, as we go through the process of drawing up the new code. The important thing is that we get something in place as quickly as possible to put everyone out of the parking misery they have been suffering.

[Lord Lennie (Lab)]

Can my noble friend say how the Government’s plans for greater devolution and multiyear funding settlements will help local authorities improve parking infrastructure and services?

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend. Giving local leaders the power and resources to deliver the solutions that are right for their area is at the heart of our Government’s devolution agenda. We have made £69 billion available to council budgets, and brought forward the first multiyear funding settlement in a decade, so that they can deliver better public services and drive forward our plan for change. The English Devolution White Paper was published in December 2024 and the Bill will come to us in due course, which I know noble Lords are all looking forward to. There will be an ambitious package of transport measures in there to give local leaders the tools and the flexibility they need to improve local transport networks and infrastructure. Through greater funding consolidation and multiyear settlements, authorities will have the flexibility to plan and deliver the services that are aligned to local priorities, and to design the transport systems that meet their local needs.

[Lord Leigh of Hurley (Con)]

My Lords, I gather that a consultation will take place next week between the industry and the Minister. One hopes that a code will be set up, but the Government can determine fines. Does she agree with the leader of Bournemouth Council, Millie Earl, who, following an incident where fire engines could not get through on a road by the seafront, said:

“We are really constrained in what we can do to deal with it”?


The fines are now £35, which, as the former MP for Bournemouth East, Tobias Ellwood, said, is a very good bargain for parking for a day out.

[Baroness Taylor of Stevenage (Lab)]

It is very important that local areas can determine that themselves. It is not the Government’s intention to impose that on local areas, because it may vary across an area. It is very important that local areas can determine that themselves and fit it around their overall local transport strategy—that is key. There is a great difference between local authority car parking, where the money might be recycled into local services, and private parking. Sometimes there are agreements between the private parking companies, sometimes there are not. This is a matter for local determination.

[Lord Spellar (Lab)]

My Lords, I declare an interest as a previous Transport Minister and pay tribute to the work of colleagues such as the noble Lords, Lord Kirkhope and Lord Brennan, in introducing and working with legislation. I make it clear to the Minister that companies have been stringing the Government along for many years and we are getting bogged down in process, but their business model totally depends on access to the DVLA register. It is only permissive for the Government to provide that information, to get them out of GDPR. Why do we not make it clear to the industry that we are going to get this solved, otherwise we will shut off access and its business will collapse straight away?

[Baroness Taylor of Stevenage (Lab)]

I would not take quite such a harsh view as my noble friend. On how the Government respond to the industry, there is a big industry here and we know that, as a result of the national code having to be withdrawn, it produced an update to the industry code, so the industry is trying to do something towards regulating itself, which we should commend. We will take account of that industry code when we draw up the national code to deliver better protections for motorists. My noble friend is quite right that we must make sure that the worst practices are dealt with, and the code will aim to make sure that they are.

[Baroness Scott of Bybrook (Con)]

My Lords, can the Minister outline the Government’s primary objectives for yet another consultation on private parking? What specific insights and further evidence do they hope to get from this? As she said, we have had two consultations on this already by the previous Government, and this seems to be another just waste of time, rather than getting this thing settled.

[Baroness Taylor of Stevenage (Lab)]

I understand Members’, motorists’ and the parking organisations’ frustrations, but the legal challenges that came forward in June 2022 relied heavily on the fact that there had not been proper consultation. That is why we need to make absolutely sure that we do it properly this time.

[Lord Vaux of Harrowden (CB)]

My Lords, one of the most frustrating elements of parking is when you turn up at the car park and discover that none of the three or four apps that you already have on your phone works in that car park. What will the Government do to try to introduce some level of commonality?

[Baroness Taylor of Stevenage (Lab)]

Again, I totally understand that frustration. What is important to motorists is that it is transparent when they arrive, so that they are able to make their own choice about whether they wish to use that car park. When you have a sign 12 feet up from the ground that you cannot read from your car, or when it has three columns of close-printed type in font size 6, it does not help anybody. All these matters are being considered. I hope that , as a result of the consultation, we will be able to do as much as possible to ensure that the process is transparent, so that when you turn up at a car park, you know what you have to pay and how long you will be able to stay there.

[Baroness Winterton of Doncaster (Lab)]

My Lords, I campaigned against cowboy wheel clampers because I saw the misery that rogue parking companies caused to motorists. Does my noble friend the Minister agree that, as the AA says, if there were an independent appeals process, a scrutiny oversight board and limits on what could go to court—as set out in the code of practice—the amount of time that courts spend on sorting out disputes could be massively reduced?

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend for all the work that she did on this—I am sure that the people in her area were grateful for it too. There is evidence of private parking appeals processes being unfair to motorists and insufficiently independent. It is important that motorists have confidence in the appeals process and that it is genuinely independent from the private parking industry. If motorists cannot trust the appeals process, they will be less inclined to engage with it. That could lead to worse outcomes for motorists. We will seek to further understand motorists’ concerns about the appeals process, and we are certainly looking at some of the ideas that my noble friend mentioned.

Planning Reforms: Energy and Housing Costs

Baroness Taylor of Stevenage Excerpts

Thursday 15th May 2025 Lords Chamber

[Lord Pitkeathley of Camden Town]

To ask His Majesty’s Government what assessment they have made of the potential impact of their proposed planning reforms on productivity in the United Kingdom, specifically in relation to the impact of the reforms on the cost of energy and housing.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, my noble friend points to the key role our Government’s steps to unblock a sclerotic planning system will play in delivering our growth mission. The Government continually assess the potential impact of our policies, including the proposed planning reforms. This is backed up by the independent OBR, which has forecast that the Government’s reforms to the National Planning Policy Framework will add around £6.8 billion to GDP in 2029-30 and raise UK housebuilding to its highest level in 40 years. The Government’s other planning reforms, including the Planning and Infrastructure Bill, will help deliver the Government’s clean power 2030 commitment, which, overall, is expected to unlock £40 billion of investment a year in clean energy infrastructure.

[Lord Pitkeathley of Camden Town (Lab)]

I thank my noble friend for that helpful response, and I refer the House to my entry in the register of interests. Working with not-for-profits, I have seen how vital and often popular projects can be delayed or derailed by the complexity of the planning system, which is often used by small, well-organised local opposition. Larger developers can usually navigate this; smaller organisations, especially those without a profit motive, can struggle. Do His Majesty’s Government consider planning complexity itself a barrier to progress that is worthy of attention as part of the planning system reform?

[Baroness Taylor of Stevenage (Lab)]

My noble friend is quite right. We have made it a priority of this Government to develop a simplified planning system with a policy framework that is accessible and understandable to all. Our reforms will streamline planning processes to help provide more homes of all tenures and accelerate the delivery of major infrastructure projects. They will modernise the decision-making process and increase local planning authorities’ capacity to deliver that improved service. We have also committed to establishing a clearer set of national policies for decision-making, so the system is clearer and more consistent. All this should help smaller developers.

[Lord Geddes (Con)]

My Lords, is it not mandatory for all new houses to have on their roofs solar panels or photovoltaics?

[Baroness Taylor of Stevenage (Lab)]

My Lords, we are developing the future homes strategy, which will point to all the net-zero measures that we want to see. We do not want new houses being built that have to be retrofitted, or that are technology-specific, because the technology is developing at pace and we want to make sure there is enough flexibility in the system for new technologies to be adopted. Things such as solar panels and air source heat pumps are great innovations that are really changing our homes, keeping them warmer and making them more carbon neutral.

[Lord Teverson (LD)]

My Lords, in future, a number of major planning applications will require environmental development plans, which will be written by Natural England. Yet there is a great scepticism about the efficiency of that, because Natural England does not have the resources, and it is going to be very difficult to recruit them in time to meet the planning targets. Can the Minister assure us that, somehow, these plans and Natural England will be properly resourced to make sure that those efficiencies can happen, and that nature can be protected?

[Baroness Taylor of Stevenage (Lab)]

My Lords, it is important that, as we go forward with our ambitious target to build 1.5 million homes, we take care of the environment at the same time. Natural England’s role in that, which the noble Lord points to, is key in developing the plans that will protect nature as we build those homes. I understand the concerns that he and other noble Lords have about the resources in Natural England. We are working very closely with it, and we will provide it with additional resources to help it deliver with us what I do not think is a contradiction: the development and infrastructure that we all want to see, while protecting our precious natural environment at the same time.

[Baroness McIntosh of Pickering (Con)]

My Lords—

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Baroness for her question. The Government have announced additional funding to support the recruitment and training of 300 graduates and apprentices for local planning authorities. However, I have worked in local government for a long time, and I am not naive enough to think you can pick planners from trees; they need to be trained. This forms part of a wider £46 million package of investment in the planning system to upskill local planners and ensure they can implement our reforms, including ensuring that everywhere has an up-to-date local plan in place. We need to inspire young people into these careers and make sure that they see the benefit of a career in planning. We are never going to be able to compete with the private sector on salary, but we can compete on the excitement of developing local places and good places for people to live, and I hope that will inspire people.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, I invite the noble Lord, Lord Campbell-Savours, to participate remotely.

[Lord Campbell-Savours (Lab) [V]]

My Lords, do not planning reforms which fail to address land costs for housing development perpetuate a system in which high costs determine affordability of housing for sale? Again, I ask my oft-repeated question: why not examine arrangements in Nijmegen in Holland and Hammarby in Sweden, where housing for sale has been built on land acquired at agricultural prices? Indeed, we could go further by adopting new forms of title which lock in discounted affordable sale prices with occupancy and resale restrictions. We need to think out of the box in this housing crisis.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I have heard my noble friend speak on this issue many times, and he is quite right to point to the restrictions that the value of land places on the system. Of course, we are always looking at new methods of making sure that the houses we need are viable and will deliver the quantity of housing needed, and we continue to explore all avenues to deliver that properly. I hope my noble friend will look at the Planning and Infrastructure Bill: there is progress in there, and I hope he likes what he sees.

[Lord Jamieson (Con)]

My Lords, I declare my interest as a councillor in Central Bedfordshire. The benefits to growth and innovation of densifying our cities are well recognised, yet the UK has some of the lowest-density cities in the G7, and this Government are now seeking to facilitate building on the green belt rather than driving densification and regeneration of our cities. Will the Minister confirm that this Government will move forward with the previous Conservative Government’s strong presumption in favour of brownfield development?

[Baroness Taylor of Stevenage (Lab)]

I am sorry, but the noble Lord is quite wrong in his assumption. We are prioritising building on brownfield sites. I know he has a particular bugbear about London; I was with the Mayor of London just last week and was very pleased to see his review of the use of the green belt in London as part of the work on the London Plan. I was interested to hear that, of the half a million hectares of green belt in London, just 13% is made up of parks and accessible green space. The mayor is making progress on this, and so are we. Brownfield will always be our first choice, but we are looking at grey-belt and green-belt development as well.

[Baroness McIntosh of Pickering (Con)]

Will the Minister look carefully at the cumulative impact on rural and coastal communities of major infrastructure projects? When an offshore planning application is made for a wind farm, it is causing real distress: before people realise it, they have substations to take the electricity on board, and then lines of pylons. What steps will the Government take to alleviate this situation?

[Baroness Taylor of Stevenage (Lab)]

We now have a land-use framework from Defra, and we will be producing a long-term housing strategy, which will include information about how we intend to work in rural areas. I hope the noble Baroness will contribute to the consultation on that. It is of course very important that we develop the infrastructure we need as a country and continue our move towards a clean-energy future. That will mean some use of land in rural and urban areas, but that can sometimes be exaggerated. The figure my noble friend the Energy Minister often cites is that, at the moment, our plans mean that 0.1% of land would be used for solar farms. So we have to be careful about over-exaggerating the issue, but the noble Baroness’s point is well made and we do need to protect good-quality agricultural land—that is our intention—as well as making sure we build what we need.

[Baroness Hayman (CB)]

My Lords, I recognise the Minister’s desire not to be technology-specific regarding the new homes building standards. But I wonder whether she agrees with me that by not laying down a requirement for solar energy when it is applicable to new building, you leave the decision in the hands of the developers, who may well choose not to do something that would contribute to energy security in this country and to lower heating bills for the owners or tenants of those properties?

[Baroness Taylor of Stevenage (Lab)]

We have made it clear that the drive in the National Planning Policy Framework, which we have just reviewed, is towards renewable energy. The noble Baroness points to just one of the reasons, which is the cheaper energy supply for householders and businesses, but we need to focus on energy security as well as making sure we are not damaging the planet through the energy we use. Importantly, the planning reforms will help to fast-track projects to create homegrown renewable electricity for homes and businesses. The national planning policies we have set out move towards that, but as I said, we have to be careful not to shut off new technologies and to make sure that we leave flexibility for new technologies as they develop.

Renters’ Rights Bill

Baroness Taylor of Stevenage Excerpts

Committee stage
Thursday 15th May 2025 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, the amendment tabled by my noble friend Lady Coffey raises an important and timely issue: the need to revisit and update the designation of rural areas for the purposes of the right to buy. The proposal is clear. It would require the Secretary of State, within six months of the Act passing, to revoke rural area designations for parishes where the population now exceeds 3,000 people, based on the 2021 census. The rationale is that, as we have heard, some areas that were once small villages have grown significantly and may no longer meet the criteria originally used to justify rural protections under the scheme.

We recognise the logic behind this approach. Designations made years ago may no longer reflect the current character of certain parishes, and it is only right that we review such classifications to ensure that they are based on accurate and up-to-date information. However, while we understand the intention behind the amendment, we believe that a more considered and locally informed approach is needed. First and foremost, this should be done in consultation with local authorities, which are best placed to assess not just the population figures but the broader housing context within their communities. A numerical threshold alone does not tell us whether a parish still functions as a rural settlement, nor whether it has the capacity to replace any lost social housing.

Indeed, we would argue that the conversation should be based not solely on population size but also on the number of homes in the settlement, specifically the number of affordable or social homes available, and the prospects for building more. In many villages, even those with more than 3,000 residents, the opportunity to build new homes, let alone new affordable ones, is extremely limited. Planning constraints, infrastructure challenges and community sensitivity all contribute to a situation where, once a home is sold under right to buy, it is unlikely to be replaced. That is why the protection of the existing social housing stock is so vital in these areas. Without it, we risk hollowing out rural communities, pricing out local families, draining the workforce and diminishing village life.

While we support the principle of ensuring that designations are kept up to date, we believe that any such change must be grounded in a wider understanding of rural housing dynamics. This means not just reviewing census data but supporting councils to update and verify housing data and allowing for flexibility where a parish may meet the population threshold but still faces acute rural housing pressures. This is not simply a technical matter of numbers; it goes to the heart of how we preserve the character and sustainability of rural communities. Let us ensure that any change to rural designation is made with care, with consultation and with full awareness of its consequences.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, before I make my comments on the noble Baroness’s amendment, I hope that the House will indulge me for a few brief moments as we start our final day in Committee on the Renters’ Rights Bill. First, let me say how noticeable it has been that, while we may have debated and occasionally had our differences on the detail of the Bill, there has been a great deal of consensus across the House on the need to improve the renting landscape for tenants and for the vast majority of good landlords. Those landlords who choose to exploit their tenants and game the system not only make their tenants’ life a misery but undercut and damage the reputation of others. It is time that we took the steps in this Bill to put that right.

The Bill has shown the best of our House, with noble Lords providing their expertise, knowledge, wisdom and thoughtful reflection to improve the legislation before us. I am most grateful for the engagement before and during the passage of the Bill. We have had some unusual and difficult sitting hours on the Bill, largely because of other business of the House and in no way because of unnecessary or lengthy contributions to our deliberations. I therefore thank all noble Lords for their patience and good humour during late sittings. I am very grateful to the noble Baroness, Lady Scott, and the noble Lord, Lord Jamieson, on the Opposition Front Bench, the noble Baronesses, Lady Thornhill and Lady Grender, the noble Earl, Lord Kinnoull, and the right reverend Prelate the Bishop of Manchester, not to mention noble friends on my own Benches for a deal of passion and enthusiasm.

I thank the Bill team, my private office and the doorkeepers and staff of the House, including the clerks and catering staff, who have stayed, sometimes into the early hours, to make sure we are all safe and looked after, and the Hansard team, of course, doing their brilliant work. I thank the usual channels, which have been negotiating to make sure we complete Committee in good time. Last, and by no means least, I thank my Whip, my noble friend Lord Wilson, who is not in his place today but who has sat patiently beside me, sometimes carrying out extreme editing of my speeches. I forgive him for that—he did not get his hands on this one—and I am very grateful to him.

There are millions of renters and landlords out there who are awaiting the passage of the Bill to ensure that the renting minefield is fairer, safer and more secure. As we move forward to Report in early June, I look forward to continuing to engage and work with your Lordships to make sure that this is the best Bill it can be. In the meantime, thank you for making my first time taking a Bill through the House such a collaborative and positive experience.

I thank the noble Baroness, Lady Coffey, for her Amendment 275B to revoke the designation of parishes as rural areas for the purposes of right to buy where the population exceeds 3,000 people. The amendment would require the Secretary of State to revoke the rural designation of any parish with over 3,000 inhabitants for the purposes of right to buy. It would not have any impact on the right to acquire housing association property in rural areas. I have to say that this amendment is a bit of a stretch for the scope of the Bill, but it is important that I should respond to the noble Baroness’s concerns.

Under Section 157 of the Housing Act 1985, the Secretary of State has the power to designate by order certain areas as rural—typically, settlements with populations under 3,000. A landlord in a rural area may impose restrictions on the buyer of a right to buy property, to prevent the property being sold again, without the former landlord’s consent, other than to a local person or back to the landlord. The noble Baroness’s amendment would remove the ability of landlords to include resale restrictions on properties sold under right to buy in those designated rural areas where the population was above 3,000, which currently helps preserve homes for local people in perpetuity. The noble Baroness, Lady Scott, is quite right to say that, if we were going to make any changes to this, it would have to be done very carefully, and definitely in consultation with local people and local authorities.

These exemptions are in place to help retain affordable housing in communities where replacement can be unfeasible due to high build costs, planning limitations and land availability. We have heard much about that in the discussion on this and other Bills and the Government do not intend to remove these protections. On this basis, I ask the noble Baroness, Lady Coffey, to withdraw her amendment.

[Baroness Coffey (Con)]

My Lords, I have heard from both Front Benches and there is clearly no appetite for this. I am just very conscious that there are some areas that have grown substantially over more than 25 years. There is a substantial amount of new housing going in, including new social housing, but, because of the designations set in stone in 1997, some people are being denied the opportunity they expected to participate in owning a home that they might not be able to afford initially but might in time. It is something I had hoped would be considered a little further, but I understand where both Front Benches are coming from and I beg leave to withdraw.

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[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend Lady Coffey for tabling this amendment. I also pay my heartfelt thanks to my noble friend Lord Shinkwin; he always brings enormous knowledge and so much personal experience to any debate, as he has done today.

We briefly discussed support for disabled tenants in an earlier group, and we on these Benches firmly support steps to help disabled tenants access the homes and services they need. With the appropriate support, disabled people can live more fulfilled lives and thrive. We have come so far in recent years on support for disabled people to live full and happy lives in their own homes, so I am grateful to my noble friend for moving this important amendment today.

Amendment 275C seeks to prevent landlords and agents declining reasonable requests by tenants who need mobility aids to have them installed. It is a limited amendment that applies only where a tenant can arrange for the payment and installation of the aids themselves. This is an excellent challenge to the Government and we hope that the Minister will seriously consider this proposal and work with my noble friend to deliver the protections we need for disabled tenants. Perhaps this is something that we could revisit on Report.

We also wish to work constructively with my noble friend on how we might consider broader plans to ensure that the removal of mobility adaptions is deliverable, affordable and—crucially—even possible in practice. This is a vital area that demands serious attention from the Government, and the onus is on everyone across the Committee to put forward practical and compassionate solutions that recognise the real-world challenges faced by landlords and tenants alike around adapted homes. We need to look further at who would be responsible for covering the costs of restoring the changes to the original condition of the property. There is some more work to do, but I am sure that we can all do it before Report, and I look forward to working with the other parties to see whether we can find a sensible solution to the issue. We must ensure that any policy in this area supports accessibility, while remaining realistic and fair to all parties concerned.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Coffey, for her Amendment 275C, which seeks to prevent landlords, or any other relevant person in relation to a tenancy, unreasonably refusing a tenant request to install a mobility aid in their home. I also thank the noble Lord, Lord Shinkwin, and the noble Baroness, Lady Scott, for their contributions.

We debated in detail similar amendments on home disability adaptations last week. As I stated then, I absolutely agree that we should take steps to remove barriers that unreasonably prevent disabled renters getting the home adaptations they need—a need so powerfully described by the noble Lord, Lord Shinkwin; I will write to him about the routes to redress in cases such as the one he raised.

However, I do not believe that this amendment is the right way to do this. The Equality Act 2010 already provides protections for disabled tenants, and that applies whether they are in social rented or private rented housing. This includes providing a procedure under which they can request permission in writing from their landlord to make adaptations, including additions to or alterations in the fittings and fixtures of the home, such as mobility aids.

Landlords cannot unreasonably refuse such requests. Creating a new specific obligation in relation to mobility aids in particular would increase the complexity of the system unnecessarily, making it more difficult for tenants to navigate. We also wish to avoid creating a two-tier system in which people with impaired mobility have different rights from people with other disabilities or impairments.

I am very grateful to the noble Baroness, Lady Coffey, for introducing this amendment, because it gives me an opportunity to update noble Lords. There was a lot of discussion about this in the other place during the passage of the Bill. There have been some further commitments, and these were set out in a recent letter from the Minister of State for Housing and Planning to the MPs who tabled amendments in the other place. The letter stated that the Government would take the following actions to address known barriers to disabled tenants accessing the home adaptations they require.

With the leave of the Committee, I will update Members on that now. As highlighted in research carried out by the Equality and Human Rights Commission and the National Residential Landlords Association, a major challenge to the operation of the current system is the lack of knowledge among landlords, tenants and agents. The Renters’ Rights Bill includes the power to require landlords to provide a written statement of terms to new tenants. It is our intention, subject to drafting and scrutiny of the secondary legislation to mandate that this statement sets out the duty on landlords under the Equality Act 2010 to not unreasonably refuse disability adaptation requests from tenants. This will ensure that parties are aware of rights and obligations in relation to adaptations when they enter into a tenancy.

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Moved by

[Baroness Taylor of Stevenage]

276: Clause 140, page 159, line 16, leave out “3(7),”
Member’s explanatory statement
This amendment is consequential on the omission of clause 3.

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[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Lord, Lord Bird, who, as always, so passionately opened this group. I thank him for all his knowledge and particularly the passion that he brings on anything to do with homes, homelessness and vulnerable people.

The noble Lord’s Amendments 278, 286 and 291, along with others in his name, would bring the majority of the Act into force on the day it receives Royal Assent, save for a few areas requiring further regulation or consultation. We on these Benches have consistently urged the Government to not take this approach. We have called on them to reaffirm their long-standing commitment to prospective lawmaking by providing clear commencement dates and reasonable transition periods for all new obligations. This is essential to protect both tenants and landlords from abrupt and potentially unfair changes.

A phased approach would allow landlords, tenants and letting agents time to understand and adapt to the new legal framework. Commencing the Act immediately upon passage does not provide sufficient time to do this. We simply cannot expect landlords to react and comply with significant new requirements on day 1. Indeed, the evidence bears this this out. In a recent survey conducted by Paragon, 57% of landlords said they had heard of the legislation but did not fully understand its implications, and a further 39% said they knew little about it. Those statistics point clearly to a knowledge gap in the market—one that we must not ignore. Therefore, we believe that a clear transition period is necessary.

Amendments 281, 287, 288 and 289, tabled by the noble Lord, Lord Hacking, present a credible and constructive challenge to the Government’s current position. They propose a model that echoes the approach taken by the predecessor to the Bill—an approach grounded in prospective lawmaking. Phase 1 in that Bill would have applied the new rules only to new tenancies with at least six months’ notice, and phase 2 would extend the rules to existing tenancies no less than 12 months later. This two-phase model provides a reasonable and practical path forward, allowing time for proper education, preparation and implementation. I urge the Government to reflect carefully on these proposals and to recognise the importance of a fair and orderly transition.

We all agree that tenants deserve safe, secure and decent homes at a fair price, but to deliver that we need a functioning rental market with enough good-quality homes to meet growing demand. We need more homes in the right places. This Bill, regrettably, puts that in danger. Rather than boosting supply, it risks driving landlords out of the market, shrinking the number of available homes and pushing rents even higher. If we get this wrong, renters will pay the price. Balance is essential. At present, we believe this Bill does not strike that balance.

Before I sit down, I thank and congratulate the noble Baroness on how she has conducted the first Bill that she is taken through Committee, and all noble Lords who have taken part in excellent, well-informed debates over the past seven days. I look forward to Report.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Bird, and my noble friend Lord Hacking for their amendments relating to the commencement of measures in the Bill. I thank the noble Lords, Lord Deben and Lord Cromwell, and the noble Baronesses, Lady Grender and Lady Scott, for participating in this group.

I turn to Amendments 278, 282, 286, and 291 in the name of the noble Lord, Lord Bird. I add my tribute for all the work he does to tackle homelessness. He is a great hero of mine, and it is a great privilege to work with him. The noble Lord rightly notes the importance of ending Section 21, which is a major contributor to homelessness levels in England and a major cost to councils, which now spend more than £2 billion a year on temporary accommodation. That was the last full year’s figure. I heard that £4 million a day is currently spent on homelessness in London. Much of that is driven by Section 21 evictions. As well as the misery created for individuals and families, these evictions put pressure on the public purse and costs that would be much better spent on other public services.

These amendments seek to bring most of the measures in the Renters’ Rights Bill forward to Royal Assent. The Government agree with the noble Lord that the measures in this Bill are urgently needed, which is why we moved swiftly to introduce it early in our first legislative programme for government. To end the scourge of Section 21 evictions as quickly as possible, we will introduce the new tenancy for the private rented sector in one stage. On that date, the new tenancy system will apply to all private tenancies. Existing tenancies will convert to the new system, and any new tenancies signed on or after that date will be governed by the new rules. There will be no dither or delay, and the abolition of Section 21, fixed-term contracts, and other vital measures in the Bill will happen as quickly as possible.

However, we must do this in a responsible manner, as noble Lords have mentioned. We are therefore also committed to making sure that implementation takes place smoothly. As such, it is essential that wider work around the Bill is allowed to conclude before implementation takes place. That includes the production of guidance, updating court forms and making secondary legislation. For example, the information that landlords are required to give tenants in the written statement of terms will be set out in secondary legislation. Work is already under way on these matters. We need to get it right. We will appoint the date of implementation via secondary legislation, which is typical when commencing complex primary legislation. This will allow us to give the sector certainty about when the system will come into force. Relying on Royal Assent would create significant uncertainty around the specific date, and it is important that we do not do that.

I say to the noble Lord, Lord Bird, that I was lucky enough to benefit from the post-war Labour Government’s drive to build social housing so, although I could have done, I did not grow up in the kind of housing that he described. Our social housing was built in new towns, and that was the last time that social housing was built at any scale in this country. We have promised that again, and have committed £2 billion to social and affordable housing. So the noble Lord has my personal commitment that we will move this forward as quickly as possible.

The noble Lord, Lord Deben, talked about the speed of legislation. I have been a Minister for only a few months but I am already learning the frustration of time lags. I thought that councils move a bit too slowly at times, but we certainly need to move things forward more quickly. Of course, this is not just about legislation; we are trying to move on housing at some speed. We have already provided funding to improve construction skills, funding for planning officers, a new National Planning Policy Framework, over £500 million for homelessness and the social housing funding that I have already mentioned. We understand that this needs to be moved forward quickly. We will work as quickly as we can on that. As such, I ask the noble Lord not to press his amendments.

[Lord Jackson of Peterborough (Con)]

I concur with the comments across the Chamber about what a professional job the Minister has done in piloting the Bill and engaging with Members. At Second Reading, she made specific reference to working closely with the Ministry of Justice on court digitalisation and extra funding for court costs. Is she in a position to update the Committee on what progress has been made on that? There are still people across the Committee who are concerned about the likely ramifications of the abolition of Section 21, whenever it happens.

[Baroness Taylor of Stevenage (Lab)]

I understand the noble Lord’s concern. There is ongoing dialogue with the Ministry of Justice, and I hope to be able to update Members before Report on where that has got to as soon as we are able to. I do not think it would be helpful to have a running commentary on it but my honourable friend the Minister for Housing is in dialogue at the moment with the MoJ. I will update noble Lords as soon as we get to the end of those discussions.

I turn to the amendments tabled by my noble friend Lord Hacking. Amendment 281 seeks to delay a number of provisions coming into force. The Bill currently provides that these provisions commence two months after Royal Assent. Two months is a well-established precedent, and I see no reason why commencement of these provisions should be delayed. For example, the provisions include important protections for tenants and provide local authorities with better powers to enforce housing standards.

Amendment 287 would set a time limit of 12 months between Royal Assent and the implementation of the Bill’s tenancy reforms in the private rented sector. Amendment 288 would change the approach to tenancy reform implementation in the Bill. It would require that the measures were applied to new tenancies no earlier than six months after Royal Assent and to existing tenancies no earlier than 12 months after Royal Assent. Amendment 289 would require that the conversion of existing tenancies to assured tenancies under the new tenancy reform system took place no earlier than 12 months after Royal Assent. As I have set out previously, we will end the scourge of Section 21 evictions as quickly as possible, and we will introduce the new tenancy for the private rented sector in one stage.

I assure my noble friend that this Government will ensure that the sector has adequate notice of the system taking effect but, in order to support tenants, landlords and agents to adjust, we will allow time for a smooth transition to the new system while making sure that tenants can benefit from the new system that they have waited so long for as soon as is realistically possible. We are planning a wide-ranging campaign to raise awareness of our reforms, supported by clear, straightforward and easy-to-read guidance to help landlords to prepare for change and to help tenants to be ready for it. On that basis, I ask my noble friend not to press his amendments.

[Lord Bird (CB)]

Unfortunately, I was not in a position to sit up last night or the night before because I have a full-time job. Yesterday, I was in Cardiff working with people in the Government there. We had a big event around the Big Issue. It was wonderful to be there and to be given the opportunity, I hope, to work with the Welsh Parliament on the idea of social housing, social justice and all that. So I hope noble Lords will forgive me for not being here last night to see all their noble work.

I want to say a few things. I think one of the real problems is that people do not understand the role of a tenant. They know the role of a landlord: the landlord owns a piece of property, and they rent it out to somebody. But the role of the tenant over the last 50 years has been to enrich the landlord. If you look at what has happened to the property market over the last 40 or 50 years, the role of the tenant has been to make sure that the landlord gets richer and richer, because we know the way the property market has been going. It has been going in a direction where people can buy a house in one decade—my ex-wife did so—and sell it later in the decade for maybe two or three times as much. The landlord would often have done not much more than rent the property out and keep it going.

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Moved by

[Baroness Taylor of Stevenage]

290: Clause 146, page 163, line 34, leave out from “provision” to end of line 35
Member's explanatory statement
This amendment is consequential on the new Part 2 that would be inserted into Schedule 6 by the amendment in my name

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Moved by

[Baroness Taylor of Stevenage]

292: Schedule 6, page 233, line 14, leave out paragraph 3 and insert—
3 “(1) This paragraph applies where—(a) before the commencement date—(i) a valid notice under section 21 of the 1988 Act has been given, and(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.(2) The notice under section 21 remains valid until possession proceedings are concluded.(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—““commencement date” means the date on which, by virtue of paragraph 3 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.Section 2: claim form for section 21 possession proceedings not already requested
3A (1) This paragraph applies where, before the commencement date—(a) a valid notice under section 21 of the 1988 Act has been given, and(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.(2) Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)— “(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.(4DA) For that purpose the “applicable period” is—(a) the period of six months beginning with the date on which the notice was given under subsection (1) or (4), or(b) the period of three months beginning with the commencement date, if this three month period ends before the six month period mentioned in paragraph (a).(4E) Where—(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,proceedings for an order for possession under this section may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.(4EA) For that purpose the “applicable period” is—(a) the period of four months beginning with the date specified in the notice, or(b) the period of three months beginning with the commencement date, if this three month period ends before the four month period mentioned in paragraph (a).(4EB) In subsections (4DA) and (4EA) “commencement date” has the meaning given by section 146 of the Renters’ Rights Act 2025.”(3) The notice under section 21 remains valid—(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.(4) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).(5) In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—““commencement date” means the date on which, by virtue of paragraph 3A of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.(6) In this paragraph—“applicable period” , in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2);“possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.” Member's explanatory statement
This restructures the provision in paragraph 3 and clarifies that the application of that provision depends on whether the landlord has requested the court to issue the claim form in possession proceedings (instead of depending on whether the court has actually issued the claim form).

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Moved by

[Baroness Taylor of Stevenage]

295: Schedule 6, page 237, line 21, leave out paragraph 15 and insert—
15 “(1) This paragraph applies where—(a) before the commencement date—(i) a valid notice under section 8 of the 1988 Act has been given, and(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.(2) The notice under section 8 remains valid until possession proceedings are concluded.(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—““commencement date” means the date on which, by virtue of paragraph 15 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.Claim form for section 8 possession proceedings not already requested
15A (1) This paragraph applies where, before the commencement date—(a) a valid notice under section 8 of the 1988 Act has been given, and(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.(2) The notice under section 8 remains valid—(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then). (4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—““commencement date” means the date on which, by virtue of paragraph 15A of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.(5) In this paragraph—“applicable period” , in relation to possession proceedings—(a) the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or(b) the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a);“possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.”Member's explanatory statement
This restructures the provision in paragraph 15 and clarifies that the application of that provision depends on whether the landlord has requested the court to issue the claim form in possession proceedings (instead of depending on whether the court has actually issued the claim form).

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Moved by

[Baroness Taylor of Stevenage]

297: Clause 148, page 165, line 2, leave out from “provision” to “in” in line 3
Member's explanatory statement
This ensures that regulations making transitional and saving provision can make provision in substitution for as well as in addition to provision made by the Act.

Renters’ Rights Bill

Baroness Taylor of Stevenage Excerpts

Committee stage
Wednesday 14th May 2025 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I thank all noble Lords who contributed. This is what makes this House so good at these sorts of debates, because expertise from all parts of this debate has been shown today.

These amendments draw attention to the housing circumstances of non-traditional tenures, in particular residential boat dwellers, mobile home residents and members of the Travelling communities. These are individuals and families whose housing arrangements, as we have heard, do not always align neatly with the frameworks established for the private rented sector.

The amendments in this group, most notably those from the noble Lord, Lord Cashman, and the noble Baroness, Lady Whitaker, raise legitimate questions, from the proposal to classify mooring fees and site fees as rent, to calls for formal reviews on how this legislation impacts riverboat dwellers, mobile home residents, and Gypsy and Traveller communities. The amendments ask us to think carefully about the scope and reach of the Renters’ Rights Bill. We on these Benches recognise that individuals living in houseboats, in mobile homes and on Traveller sites often face unique vulnerabilities, and we must be cautious not to exclude them from appropriate protections.

At the same time, it is essential that we examine whether the legislative instruments proposed in the Bill are the right fit for these circumstances, or whether we risk introducing unintended consequences for landlords, licensing authorities, the Canal & River Trust, which manages our waterways, or even the residents themselves. One of the questions here is whether the current legal definitions, such as “dwelling house” and “rent”, are suitable for application to mobile structures or moorings, as we have heard. However, we must also consider the interests and views of different Traveller communities. Have the Government undertaken proper consultation with these communities? Do they, in fact, want to be brought into the scope of this legislation, and on what terms? We must avoid legislating for communities without engaging with them first.

As we have heard today, particularly from my noble friend Lord Young of Cookham, these amendments do not seek sweeping or immediate change—rather, they propose reviews and clarifications—but even the suggestion of classifying moorings or site fees as rent could trigger significant changes to how the law treats these tenures. This could introduce unintended complexity for landlords, many of whom are small-scale, and lead to disputes where the legal framework is unclear or even inapplicable. More work needs to be done on this issue, in our opinion. As my noble friend said, that has already been promised by the Government. Finally, we must ask whether there is a clear and compelling case for bringing these non-traditional tenures within the scope of the legislation, or whether doing so risks creating unintended consequences for both the tenants and the landlords.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I first express my appreciation for starting these debates at a reasonable time today. We have been getting later and later, so I am very pleased. I hope that we finish them at a reasonable time as well.

I thank the noble Lord, Lord Cashman, and the noble Baroness, Lady Whitaker, for their amendments relating to non-traditional tenures, and all who have contributed to this debate. I agree with the noble Baroness, Lady Scott, in saying that it shows the best of this House when you get expertise like that from across the Chamber, from the noble Baronesses, Lady Miller, Lady Bakewell and Lady Warwick, the noble Lords, Lord Young and Lord Best, the noble Earl, Lord Lytton, and, of course, the noble Baroness, Lady Scott, herself.

I thank the noble Lord and the noble Baroness who have amendments in this group for their very helpful engagement on the issues they raised. Before I give my responses to the amendments, I say that I truly understand the frustrations felt by both of them, and those on whose behalf they speak, that these issues have not been addressed by successive Governments. Although I do not believe the Bill is the vehicle to address those issues, as I expect they will have anticipated from our meetings, I will continue to work with them to seek appropriate solutions to the issues they have raised.

I turn first to Amendments 206A, 262 and 271, tabled by the noble Lord, Lord Cashman. I thank the noble Lord for raising concerns about difficulties faced by houseboat owners in general and the houseboat owners in Chelsea who he has talked to me about in the past. Amendment 206A would give those who own or rent a houseboat and use the boat as their main residence the same rights under Part 1 of the Bill as renters of residential buildings. Although occupants of residential boats may benefit from some protection under the Protection from Eviction Act 1977 and some wider consumer protection legislation, the Government recognise that they do not enjoy the same level of tenure security as those in the private rented sector.

However, the Renters’ Rights Bill focuses on the law relating to rented homes, not owner-occupiers, and the tenancy reform measures in Part 1 focus on the assured tenancy regime, which applies to most private renters in England and relates to residential buildings. The assured tenancy regime does not apply to houseboats or other moveable property—an issue to which the noble Earl, Lord Lytton, referred in his intervention. Those in rented houseboats will have a licence to occupy the boat and will fall outside the assured tenancy regime that the Bill is concerned with.

Specifically on Amendment 262, as houseboats are predominantly owner-occupied—I understand that some are rented but they are mostly owner-occupied—and do not fall within the assured tenancy regime, it is therefore unlikely that a review of the impact of the Bill’s provisions would provide significant new insights into the issues affecting houseboat owners. Additionally, bringing houseboats within the scope of the assured tenancy regime, as proposed by Amendment 271, would raise fundamental and complex issues, about which I will explain a bit more in a moment, including what security of tenure means in relation to a chattel as opposed to land, and what the potential implications for moorings owners and navigation authorities might be.

The policy and legislative implications would be far-reaching and there would be a high chance of unintended consequences, as indicated by the noble Baroness, Lady Scott. The Government’s priority is to ensure the smooth and successful implementation of the measures in the Bill that are before the Committee today. On that basis, although I am very sympathetic to the noble Lord’s aims, I cannot support these amendments as they stand.

The Government will, however, continue to engage with parliamentarians and stakeholders on the complex issues about houseboats that the noble Lord has rightly and powerfully helped to highlight. The issues and history raised by the noble Baroness, Lady Miller, illustrated some of the complications in resolving these issues. I will add that providing additional security of tenure to houseboat owners would require engagement with a range of stakeholders, including more than 20 navigation authorities and the owners of land adjoining waterways, and that is just part of the complication here.

I understand that the noble Baroness, Lady Miller, said there was a working group 19 years ago in which my noble friend Lady Smith took part. I can say only that we have not been in government for the last 14 years so it has been difficult to move any of this forward.

The noble Lord, Lord Young, referred to security of tenure. As I said, providing additional security of tenure to houseboat owners would require the engagement of those navigation authorities and owners of land, and other users of waterways will have different needs and requirements that would also need to be taken into account. Security of tenure under the Housing Act 1988 applies to tenancies of buildings and land, so would not be suitable for licences to occupy boats without significant amendment. To bring rented houseboats within the scope of the legislation would require a detailed assessment of the implications for the assured tenancy regime and the changes being introduced through the Renters’ Rights Bill and other legislation that refers to it, and, as I said before, a high chance of unintended consequences.

The noble Lord, Lord Best, referred to unfair practice on mobile home sites. My email inbox indicates very much what some of those complications are, but I will talk about the mobile homes amendments now.

I thank my noble friend Lady Whitaker for her work to ensure that the Gypsy, Roma and Traveller community has a safe and secure place to live. I have had a number of conversations with my noble friend since I joined this House, and she knows that I share her concerns about some of the issues that she raises. She and I have had many discussions about this, particularly about the standards of communal facilities provided on sites occupied by the Gypsy, Roma and Traveller community. We understand the concerns and will continue to engage with parliamentarians and stakeholders on the complex issues about standards on those sites. For those sites owned and operated by local authorities, there is of course recourse both to the local authority’s complaints system and, if that is not successful, to the Local Government Ombudsman, although I appreciate that there are some unique difficulties for those communities in accessing those routes.

Amendment 206B would give those who own a caravan and use it as their main residence the same rights under Part 1 of the Bill as renters of residential buildings. That would include those who already have protections under the Mobile Homes Act 1983. For similar reasons to those that I have already set out in my response to the amendments in the name of the noble Lord, Lord Cashman, while I am sympathetic to the difficulties faced by mobile home owners, a different approach to addressing those difficulties is necessary from that proposed by this amendment. There would be a high risk of unintended consequences if an attempt were made to extend rights under Part 1 of the Bill, which is about rented homes, to mobile home owners.

The noble Baroness mentioned that the Mobile Homes Act 1983 confers on mobile home pitch agreements the key characteristics of a tenancy, rather than merely a licence to occupy. While there may be some similarities between the terms implied by the 1983 Act and the terms of certain tenancy agreements, the fact remains that those occupying pitches on caravan sites only have a licence to occupy the pitch. They have no interest in the land, and there would still be no intention by the site owner to create a tenancy between the parties. Moreover, the pitch agreement does not relate to the occupation of the mobile home itself, just the pitch on which it stands. In that sense, a pitch agreement and a secure or assured tenancy are fundamentally different types of agreement. To bring those with Mobile Home Act 1983 agreements within the scope of the assured tenancy regime, as proposed by Amendment 206B, would raise fundamental and complex issues, including what “security of tenure” means in relation to a chattel as opposed to land, and what the potential implications for caravan site owners might be.

Amendment 275A would commit the Government to carrying out a review of the implications of not extending the provisions of the Act to the Gypsy, Roma and Traveller community. Again, while I am most sympathetic to my noble friend’s aims, I cannot support the amendment as mobile homes are predominantly owner-occupied and do not fall within the assured tenancy regime, which the Renters’ Rights Bill is largely focused on. However, I understand and will further consider her points about the amenity blocks and how those issues may be addressed.

In addition, as the Renters’ Rights Bill is focused on the law relating to rented homes, it is unlikely that a review of the impact of the provisions in the Bill will provide significant new insights into the issues affecting mobile home owners. The Government’s priority is to ensure the smooth and successful implementation of the measures that are before the Committee today.

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[Lord Jackson of Peterborough (Con)]

My Lords, I support my noble friend Lady Scott on the Front Bench and reiterate her very strong arguments and those from my noble friend Lord Marlesford just now.

We have seen a quite significant trend since the general election of the Government seeking to award themselves very wide-ranging, permissive powers in primary legislation with very little detail. That is a significant concern. Certainly, if the boot was on the other foot and a Conservative Government had brought forward a clause such as Clause 64, where we are being invited to take on trust the expeditious post-dated production of a statutory instrument and regulations, the party now in government would, quite rightly, have complained about that.

If we look at the detail, this is an extremely wide-ranging amendment. Clause 64(4)(b) talks about “relevant tenancy” and the adding or removal of any particular kind of relevant tenancy. On “dwelling”, paragraph (c) states,

“in addition to a building or part of a building, it includes any other structure, vehicle or vessel”,

and

“includes a building or part of a building, and anything for the time being included in the meaning of ‘dwelling’”.

That is a very wide definition to be in a Bill when we have an open-ended commitment to produce regulations without any date.

I think, and have said before, that the idea of retrospective legislation is poor. In a different context at the beginning of Committee in your Lordships’ House I mentioned this issue. It is very worrying that there is no opportunity for a period of amelioration and getting used to the regulations.

Finally, given all that, the chance of significant instances of litigation arising from this clause are pretty high, I would think. For those reasons, is the Minister able to write to noble Lords before Report at least to give an indication of when those regulations are likely to be published to reassure your Lordships’ House that this a one-off in terms of how wide and permissive these powers are? Frankly, it is not good enough. It does not allow us to analyse properly the efficacy of the policy and the likely impact it will have on any litigation for both landlords and tenants. I hope the Minister is able to take those issues on board.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Scott, for her amendment regarding the definition of a landlord and thank the noble Lords, Lord Marlesford and Lord Jackson, for participating. Amendment 206C seeks to remove subsection (4) of Clause 64. This would mean that amendments to the definitions of “relevant tenancy”, “residential landlord” and “dwelling” set out in the Bill could not be made by regulations. This would affect Part 2, which includes the redress and database provisions.

I fully agree that any changes to the definition of those who bear responsibilities and benefit from rights under this legislation should be made with proper consideration. The definition of “residential landlord” under Clause 64 of this Bill has been drafted with care to capture the majority of typical private tenancies in England. However, the private rented sector has proven itself to be dynamic. I am sorry to say that the unscrupulous use of complicated arrangements, such as certain types of rent-to-rent schemes, has demonstrated the need for flexibility in how we define who is, or is not, in scope of private landlord redress or the database. We are also aware that other forms of occupation, such as occupation under licence, may benefit from the Part 2 protections in the future. A strong case may be made for expanding who is protected if certain arrangements proliferate following the implementation of the Bill.

Our focus at this time, however, must be on getting our reforms right for the millions living in typical private tenancies, rather than extending the redress and database provisions to other kinds of residential occupier whose needs and circumstances may be quite different from the majority. We have included a power to change the scope of Part 2 by regulations in the future if it is considered appropriate. The reason is that the introduction of mandatory landlord redress for the first time is a significant undertaking. The definition of “residential landlord” has been drafted, as I said, to capture the majority of tenancies. We have retained the flexibility to change the scope of rental agreements covered by the database and ombudsman in the future, should that be deemed necessary.

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This is an important debate that goes to the heart of the integrity and enforcement of the redress system. I hope the Government will provide detailed and reassuring answers to the questions raised in this group. I look forward to the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank my noble friend Lord Hacking and the noble Baronesses, Lady Scott and Lady Thornhill, for their amendments, and the noble Lord, Lord Jamieson, for moving the amendments proposed by the noble Baroness, Lady Scott.

Before I turn to the amendments, I note that the noble Baroness, Lady Scott, advised of her opposition to having Clause 65 stand part of the Bill. Clause 65 gives the Secretary of State power by regulations to require residential landlords to be members of a private landlord redress scheme. I note her concern over placing a legal requirement on landlords to join a redress scheme. However, having no legal obligation on landlords to do so means retaining the status quo, in which a very small minority of private landlords choose voluntarily to sign up to a redress scheme. I believe only around 100 landlords out of the 2.3 million in the country joined a previous voluntary scheme.

This lottery for private tenants is wholly unfair, particularly as those renting in the social sector have enjoyed universal access to landlord redress through the Housing Ombudsman service for decades. This Bill makes it clear that being a residential landlord is a serious commitment, which most landlords understand, and that it carries responsibilities and obligations towards a tenant. For those who do not understand this, we need to make it clear through the Bill.

Placing a legal requirement on landlords to be part of a redress scheme is necessary and key to delivering a long-promised government commitment. Access to justice for tenants should be not at the discretion of landlords but built into the new tenancy system, promoting high-quality, safe and secure privately rented homes.

[Lord Hacking (Lab)]

Hear, hear!

[Baroness Taylor of Stevenage (Lab)]

I start with the amendments tabled by my noble friend Lord Hacking— I hope he is going to carry on saying “Hear, hear!” as I go through his amendments.

Amendment 207 would place a duty on the Government to lay regulations requiring residential landlords to be members of a landlord redress scheme, rather than giving them discretion to do so. I understand why my noble friend has put in this amendment and I reassure him that the Government are committed to requiring private landlords to become members of an ombudsman as soon as it is practicable to do so. However, it would not be beneficial to the sector for the Secretary of State to be obliged to require landlords to join an ombudsman scheme before being assured that it is ready to join. We have taken powers in the Bill to allow the Government to make sure that the ombudsman is introduced in the most effective way, with the appropriate sequencing. This will make sure the ombudsman scheme is ready to deliver a high- quality service at the point that landlords are required to join it.

Amendment 210 seeks to set out in legislation that only one redress scheme can operate in the private rented sector at any time. Amendment 216 similarly seeks to remove the ability to set out in regulations the number of redress schemes that can operate in the private rented sector at any one time. It is indeed our intention to approve a single redress scheme, as my noble friend outlined, which all private landlords will be required to join. However, as my noble friend has noted, the legislation allows at the moment for more than one scheme. There are an estimated 2.3 million landlords operating in England, letting their properties to 11 million tenants. Allowing for multiple schemes in legislation offers the Government the flexibility and assurance that, should demand for redress prove too much for a single provider to handle effectively, additional schemes could be brought into this space to take over some of the load.

This approach to allowing for the possibility of multiple schemes has precedent: for instance, in the Housing Act 1996, which makes provision for social housing redress as delivered by the Housing Ombudsman. It is therefore vital that the Government can set out in regulations the number of redress schemes that they will approve or designate for the private rented sector. This will allow the Government to set a limit at first of one scheme, with the assurance that this is not set in stone, should demand for redress prove too much for a single provider to handle effectively.

Amendment 214 would make it a statutory requirement for the private rented sector landlord ombudsman scheme to enable access to the service through offline routes. I fully agree with my noble friend on the importance of ensuring that those who cannot or do not wish to use a computer are still able to engage with the service and access redress. I am pleased to reassure the Committee that the Government intend to ensure that the scheme is accessible, including to those who require offline access. We will expect the new ombudsman service, regardless of whether administered by a public or private body, to meet the same set of high standards for accessibility as outlined in the government service standard and accessibility requirements for public sector bodies. There will be further opportunities for the Government to ensure that this is the case without amending the Bill.

Amendment 215 would expand the role of the private rented sector landlord ombudsman to provide support for tenants with housing-related problems that are outside of their landlord’s control, such as issues with employment, welfare or debt; I found the comments from the noble Lord, Lord Jamieson, about piecemeal amendments to the welfare system, as I think he called them, a little ironic in view of where we find ourselves with the welfare system. This amendment would be an additional responsibility for the ombudsman not directly linked to resolving disputes. We think that it is important that we focus on the main function of the ombudsman, rather than considering other functions that may slow down implementation or direct resource away from delivering against the core purpose of the redress service.

We recognise, of course, that tenants facing housing-related employment, welfare and debt problems should have access to support. It may be appropriate for the ombudsman to signpost tenants to, for instance, their local authority, Citizens Advice or tenant advocacy charities, but we do not think that any amendment is necessary for that to take place. For these reasons, I kindly ask my noble friend Lord Hacking to consider not moving his amendments.

I turn now to the amendments tabled by the noble Baroness, Lady Scott. Amendment 208 would exempt landlords from being required to join the private landlord ombudsman if they use a property agent who is a member of another approved independent redress scheme. We cannot have a situation where tenants have no route to redress for problems that are outside an agent’s control, such as where a landlord refuses to authorise large repair works or behaves badly toward the tenant. This is why we think that it is fair that landlords, including those who use a managing agent, can be held accountable if they have failed to resolve a tenant’s complaint satisfactorily.

We take seriously the noble Baroness’s concerns about duplication. Careful consideration will be given, during the implementation process, as to how the PRS landlord ombudsman service will interact with the agent redress provision. Our primary concern is that the service works effectively for landlords and tenants so that tenants can access redress where needed and treated fairly by the system, regardless of whether their landlord uses an agent.

Amendment 210A seeks to prevent regulations under Clause 65 requiring landlords to remain members of the redress scheme for a specified period after they cease to be residential landlords. Problems can occur for tenants at any point in the rental process, right up to the very end; in fact, the end of a tenancy can be an extremely stressful time for both landlord and tenant, with a lot of scope for things to go wrong as a landlord takes back possession of their property. Requiring landlords to remain members of the ombudsman for a reasonable amount of time once they have stopped being a landlord gives tenants the opportunity to seek redress for harm or inconvenience caused at the end of their tenancy.

As part of the implementation process, we will work with stakeholders to ensure that the period of time for which former landlords are required to remain members of the scheme is appropriate and proportionate. I assure the House that we are committed to ensuring that landlords who choose to leave the sector can exit the ombudsman scheme as quickly as possible; this is not a “Hotel California” ombudsman where you can check out but never leave. However, this needs to be balanced with giving tenants sufficient time for issues to come to light and for them to escalate complaints after their tenancy has ended.

Amendment 210B seeks to require a draft of the landlord redress regulations under Clause 65 to be published within six months of Royal Assent. We agree that transparency is important, and we are committed to giving the sector as much time as possible to prepare for the new redress requirements. However, it will be the published scheme, not the regulations—indeed, not regulations under Clause 65—that will set out how the private landlord redress scheme will operate.

We are committed to working with the sector to implement the PRS landlord ombudsman service smoothly. We intend for the details of the scheme to be published with significant lead-in time and to be piloted before landlords are required to be members. We do not think it would be right to place a legal requirement on the Secretary of State to publish draft regulations within a set time from Royal Assent. This is already a complex landscape, and work on this needs to be carefully thought through. Delivering it in a rush could be counterproductive, creating more problems down the line.

Amendment 212A seeks to remove the requirement for the redress scheme to provide for the appointment of a responsible individual to oversee the investigation and determination of complaints under the scheme. This individual will likely be known as the private landlord ombudsman. We believe that clear accountability is important to promote good performance. Responsibility and authority for oversight of the complaints handling process under a scheme must lie with a single accountable person. This is common practice across other redress schemes and we believe it is right that it should be the case for the private landlord ombudsman. We will set out in the regulations the process for appointing the responsible individual for the redress scheme.

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Moved by

[Baroness Taylor of Stevenage]

209: Clause 65, page 99, line 36, at end insert—
“(2A) A scheme must not be approved or designated under subsection (2)(b) unless it satisfies the conditions set out in regulations made under section 66(2).”Member’s explanatory statement
This amendment provides that a landlord redress scheme must not be approved or designated by the Secretary of State for that purpose unless the scheme meets the conditions set out in regulations made under clause 66(2).

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Moved by

[Baroness Taylor of Stevenage]

211: Clause 66, page 101, leave out lines 18 and 19
Member’s explanatory statement
This amendment clarifies that the Secretary of State is not required to make regulations under clause 65 before making regulations under clause 66.

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Moved by

[Baroness Taylor of Stevenage]

213: Clause 66, page 102, line 25, leave out “and the expulsion has not been revoked” and insert “, except in circumstances specified in the regulations”
Member’s explanatory statement
This ensures that a person who has been expelled from a scheme may join another scheme in appropriate circumstances.

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We on these Benches support the principle of greater transparency and accountability in the private rented sector and we welcome the Government’s stated commitment to that. That said, the Government must show great ambition and deliver on their commitments in a timely way. Our central concern is not with what the Bill includes but with what it omits—and the missed opportunity that those omissions represent.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lords, Lord Hacking and Lord Best, and the noble Baronesses, Lady Scott and Lady Thornhill, for their amendments on database operation and accessing the database, and I thank the noble Baroness, Lady Kennedy, the noble Earl, Lord Lytton, and the noble Lord, Lord Thurlow, for their contributions. I believe that the noble Baroness, Lady Scott, spoke to Amendment 230, which is in the next group, and the noble Lord, Lord Hacking, spoke to Amendment 237, which is in group 6. I will respond to them when we get to those groups, if that is okay.

[Baroness Scott of Bybrook (Con)]

I apologise. I have two lists that have different numbers in them; I think they are one before the other.

[Baroness Taylor of Stevenage (Lab)]

When we get to this stage of a Bill, especially when we have three or four groups on the same subject, I am not surprised that people get them mixed up.

I start by saying that I very much share the sentiments of the noble Baronesses, Lady Kennedy, Lady Thornhill and Lady Scott, about the potential of this database to support both landlords and tenants. The noble Lord, Lord Thurlow, clearly set out why this is important for responsible landlords as well as tenants. I am sure that landlords who do a very good job, which is the majority of them, get incredibly frustrated by the minority of rogue landlords who certainly do not and I hope that this will help them as well.

Amendment 219 from my noble friend Lord Hacking proposes that a duty be placed on the database operator to ensure that the database be established and operational within a year of the Renters’ Rights Bill coming into force. I know the database will be a vital tool in raising standards in the private rented sector. I assure my noble friend and other noble Lords who raised the issue that we are aiming for the database to be active as soon as possible.

The database is being designed as a bespoke product to ensure that it aligns with the operational and legal details set out in regulations. We are currently focusing on getting the basic functionality right, testing with the sector and local authorities and developing guidance for users. Setting a timeframe for a database in the Bill is unnecessary and could be counterproductive. We simply cannot risk it being brought in when the secondary legislation or technology is not ready. This would make life more difficult for tenants, landlords and local authorities. For this reason, I kindly ask that my noble friend considers withdrawing that amendment.

I thank the noble Lord, Lord Best, for Amendment 220, which would require the legislation to state that the database will benefit landlords, tenants, local authorities and other interested stakeholders. I assure the noble Lord and the noble Baroness, Lady Kennedy, who spoke to this amendment, that the database is being designed for the benefit of all potential users, including tenants, landlords and local authorities. I recognise the positive intent behind the noble Lord’s amendment. However, the Government are already working towards that and we are continuing to focus on those user groups as the database is designed. I therefore do not believe it is necessary to accept the amendment and for that reason I ask the noble Lord not to press it.

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[Lord Hacking (Lab)]

My Lords, I am very happy to withdraw Amendment 219. The Minister has done magnificently. May I just say on behalf of all of us that she is doing magnificently? She stumbled for a moment just now, but it is amazing that she has not stumbled before. She is covering her brief with extreme detail, and I thank her on behalf of everybody in the Committee.

My noble friend replied to my amendment, which seeks a definite date for the establishment of the private rented sector database. In a sense, I think my amendment was unrealistic because the development of a database obviously takes time. The promise has already been made by my noble friend that they are working on that database and recognise its importance, and that fully satisfies me.

Now I am going to place a burden on my noble friend because I had not seen that Amendment 237 had been regrouped and put into another group. The Whip has told me that I am not allowed to speak again on that amendment, but is there any chance of my noble friend replying to it now, immediately after I have made the case for it?

[Baroness Taylor of Stevenage (Lab)]

It is more appropriate for me to respond to that amendment in order because otherwise it would make it difficult for other members of the Committee to reply to it. I shall reply to it in the sixth group, and if my noble friend cannot be in the Chamber, I shall send him a response in writing.

[Lord Hacking (Lab)]

I beg leave to withdraw the amendment.

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[Lord Jamieson (Con)]

My Lords, I thank the noble Lord, Lord Best, for opening this group. The question of what data is recorded on the database is an important one and the Government need to give the sector greater clarity on their plans. Noble Lords need only look at some of the briefings provided by lettings agencies to landlords over the past few months to grasp the level of uncertainty around this Bill. For the benefit of both renters and landlords, we need greater clarity as soon as possible. As my noble friend Lady Scott of Bybrook said earlier from these Benches, we believe the Government should be more ambitious. We are broadly content with the direction of travel on greater transparency, but taking this forward through regulations is leaving landlords and tenants in the dark.

We support the challenge from the noble Lord, Lord Best, to the Government on the inclusion of gas and electrical safety checks within the PRS database. Amendments 221, 224 and 227, tabled by the noble Lord, Lord Best, all touch on this issue. The database makes use of official UPRNs and covers the full end-to-end process of property compliance, including the urgent need to mandate digital property safety certificates. This will certainly increase transparency for landlords and tenants. Including gas safety certificates and electrical installation reports would assist tenants who wish to confirm that their property is safe.

That said, we have some concerns about Amendment 227, which appears to place the burden of registering digital gas and electricity certificates on the certificate provider rather than the landlord. We do not think that responsibility should be placed on the providers without a proper impact assessment and a fuller understanding of how this would work in practical terms. Perhaps the Minister can commit to considering this proposal from the noble Lord between now and Report.

Amendment 222, tabled by the noble Baroness, Lady Thornhill, proposes expanding the types of information or documents that are required for registration on the PRS database. I commend the noble Baroness on her thoughtful drafting. This amendment highlights further the uncertainty and lack of clarity that have arisen from the Government’s decision to place broadly drafted regulation-making powers rather than detailed provisions in the Bill to enable their plans.

Finally, on Amendments 229 and 230, tabled by the noble Lord, Lord Best, it has already been noted that UPRNs are a universal means of identifying properties. They will be central to this system. The database should be as easy as possible to use for both renters and landlords. We accept that the noble Lord’s amendments are well intentioned and we will listen very carefully to the Minister’s response to them.

We have a separate concern. The Government do not have a strong track record on delivering large-scale IT projects. I make no political comment here. We share the concerns that have been raised by the noble Earl, Lord Lytton, and the noble Baroness, Lady Freeman, earlier, on the time that it will take to roll out this database. Can the Minister assure us that this project will be delivered—and delivered on time?

I hope that the Minister will give serious consideration to these well-intentioned and constructive amendments.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Best, and the noble Baronesses, Lady Thornhill and Lady Grender, for their amendments regarding which data should be recorded on the database. I also thank my noble friend Lady Kennedy, the noble Baroness, Lady Freeman, the noble Earl, Lord Lytton, and the noble Lord, Lord Cromwell, for their comments.

Amendment 222, tabled by the noble Baroness, Lady Thornhill, seeks to expand Clause 76 and mandate the information that landlord and dwelling entries on the database must contain. I thank the noble Baroness for her very thoughtful amendment and for meeting with me to discuss the database in greater detail before Committee. We certainly both appreciate the potential of the database.

I reassure her that we expect to collect much of the information that is set out in Amendment 222 on the database. Detailed regulations about the making of landlord and dwelling entries in the database will be made under Clause 78(1) in due course. Our approach to data collection takes account of the balance of benefits and burdens for different users, to ensure that it remains proportionate. However, I stress that it is vital that the database is designed in such a way that it can evolve to incorporate technological innovation and changes in the sector. Although I very much understand the points made by my noble friend Lady Kennedy and the noble Baroness, Lady Freeman, we do not think that, to accomplish this aim, the content of landlord and dwelling database entries should be mandated in the Bill. Rather, this detail should be set out in secondary legislation to ensure that the database can be more easily adapted to meet future circumstances.

Regarding points about when the database will be ready, we aim for the service to be operational as soon as possible following the passage of primary and secondary legislation. We are taking forward the digital development of the private rented sector database in line with the government service standard. We will conduct extensive testing of the new service ahead of implementation and continue to engage the sector on our proposals. We very much welcome the ongoing involvement of all those who have been helping us.

The point made by the noble Lord, Lord Cromwell, highlighted the importance of why we must take our time on development, design and testing. The noble Lord, Lord Jamieson, referred to the difficulty of IT systems. I have had them in past lives, so I know that this can be a tricky issue. However, we have been in government for only nine months, yet the noble Lord accused us of having a track record—or did he mean all Governments? I hope that he did.

[Lord Jamieson (Con)]

All Governments.

[Baroness Taylor of Stevenage (Lab)]

Okay, fair point. We need to make sure that we do the development and the testing of the system carefully. I therefore ask the noble Baroness not to press her amendment.

Renters’ Rights Bill

Baroness Taylor of Stevenage Excerpts

Committee stage
Wednesday 14th May 2025 Lords Chamber

A well-balanced and properly implemented private rented sector database may be successful in transforming the rental landscape by improving transparency, accountability and enforcement, if delivered properly. We believe this is the opportunity for the Government to deliver better outcomes for landlords and tenants, and we are very happy to work constructively across the House to ensure the Bill’s provisions in respect of the PRS database are appropriate. This is a really important issue to get right, and I urge the Government not to squander that opportunity.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I thank the noble Baronesses, Lady Thornhill and Lady Scott, and my noble friend Lord Hacking, who I do not think is in his place anymore, for their amendments regarding database fees and possession restrictions.

I will start with the amendments tabled by the noble Baroness, Lady Thornhill. Amendment 223 would mandate that the database operator establishes and operates the database so that it contains entries in respect of Section 8 possession notices, with such entries to be recorded on the database within seven days of the landlord serving them. I appreciate the intent behind this amendment. We are actively exploring collecting possession information on the database. We have identified various potential benefits to collecting this data—for example, it may support local authorities in identifying where possession grounds have been misused or where tenants are at risk of homelessness. It could also be useful to prospective tenants in making choices about where to rent, so I agree with her on that.

However, our research has also highlighted some challenges, particularly around accuracy and reliance on landlords self-reporting. We will need to consider carefully how these issues could be managed. I am also keen to impress upon the noble Baroness and the Committee that we do not think the information the database collects should be on in the Bill; we discussed that on the previous group. Our research has consistently demonstrated that it is imperative that the database can be adapted to meet future needs. Therefore, the data it collects should be set out in regulations. This is already possible through the regulation-making power in Clause 78, which the Government will use to outline registration requirements. Therefore, the amendment is unnecessary.

Amendments 235, 236 and 238 to 240, taken together, propose changing the Bill’s provisions so that landlords cannot serve notice for possession under Section 8 nor be granted repossession by the courts if they are not compliant with database registration requirements. In addition, the amendments would mean not only that landlords would need to be registered but that their entries would need to be up to date in order for notices served to be valid. The amendments from the noble Baroness, Lady Thornhill, would do this by adding a provision in the Bill for updating Section 7 of the Housing Act 1988, which refers to courts’ powers to order possession to be updated to effect compliance relating to the database.

The noble Baroness, Lady Thornhill, also proposes amendments to the wording of Clause 91 so that it refers to Section 83(3) as a whole. I understand that the noble Baroness is concerned with incentivising landlords to comply with regulation and therefore sees the value in replicating some of the safeguards that have been in place for serving Section 21 notices. I agree that landlords who have not met the basic obligation of registering on the database should not be able to gain possession of a property. This is an important incentive for landlords to register and supports the role of the database in driving up standards in the sector. However, the Bill will already update the Housing Act 1988 to prevent landlords being granted possession by the courts if they do not have an active database entry for themselves and the property. This is a proportionate approach to stop landlords being granted possession where they have failed to meet their obligations.

The Bill also clearly sets out our expectation for landlords to maintain active database entries and to ensure that these are up to date. I reassure noble Lords that landlords who do not have an up-to-date entry in the database will be subject to enforcement action by local authorities. Regulations will stipulate the requirements for active and up-to-date entries, and in the meantime the criteria for gaining possession as outlined in the Bill provides an appropriate level of protection for tenants against landlords who fail to register with the database without sanctioning landlords disproportionately. We do not want to risk creating a situation where landlords cannot use Section 8 grounds but have no alternative means of seeking possession. I therefore kindly ask the noble Baroness, Lady Thornhill, to consider not pressing these amendments.

Amendments 228C, 228E, 228F, 228G and 237A were tabled by the noble Baroness, Lady Scott. Amendment 228C would remove the ability to make regulations requiring the payment of a fee as part of renewals when database entries become inactive. I understand that the noble Baroness is seeking further information on the circumstances in which a landlord could be charged a fee under the regulations made under Clause 80. It is the intention that, in addition to an initial registration fee, there will be a fee at the point of renewal. An entry will become inactive if it expires at the end of a registration period and will become active again upon renewal. Landlords will not be charged for updates between renewal points. In cases where a landlord elects to make an entry inactive because they are no longer letting the property, they will not be charged. We will set out in detail when active entries become inactive, and vice versa, in secondary legislation. Timelines for registration and renewal will similarly be set out in secondary legislation.

Amendment 228E would place a requirement on Ministers to give two months’ notice of any fee changes to landlords with an active database entry. It raises a useful point to consider as we develop the database. We agree on the need for landlords to receive clear and timely communication about any changes in fees and to understand when a fee is required. As we develop the database, we are considering the required communications to landlords to help them understand their obligations, including payment of fees. We are also considering how we can design the database to facilitate this in a timely way. As we are already considering these points as we develop our proposals for implementation, we do not consider this amendment necessary.

Amendments 228F and 228G would remove the ability to set database fees with reference to costs of enforcing database requirements and to wider PRS enforcement costs respectively. This would mean that any fees could be calculated only by reference to operational costs and functions of the database. Effective enforcement is essential for the successful operation of the database. Without it, there will be no means to take action if landlords fail to sign up or provide the correct information. We have heard throughout the passage of this Bill the challenges with local housing authority resourcing and capacity for enforcement. Removing the option to factor in the costs of checking and taking action against any non-compliance would, in the long term, leave local housing authorities out of pocket and limit the database’s effectiveness.

As for wider enforcement costs, we believe that it is right that, as far as possible, the costs of enforcement should be met by those flouting the rules. Ultimately, all landlords, as well as the public and, most importantly, tenants, benefit from a well-regulated and enforced PRS. Clause 82 provides Ministers with the option of using a proportion of fee income to provide much-needed revenue to support enforcement activity. In answer to the questions asked by the noble Baroness, Lady Scott, about fees, the fee level will not be set arbitrarily. The Bill provides that the relevant costs that can be recovered via the fee can be based on the cost of establishing and operating the database and the cost of performing the functions required under the database legislation and of enforcing the database and wider PRS legislation. We will ensure that decisions about fees take into account a range of factors, including of course the burden on landlords. Fees will be set out in secondary legislation. We are in the process of developing a calculation and structure for fees. The fee level will need to reflect the operating costs of the digital tool, which is currently in development, and may also be used to fund local authority enforcement. We are in the process of designing the database as a bespoke tool, so we are developing our understanding of what our expected costs will be. This has been set out in the impact assessment. The costs may be subject to change as our plans for delivery and implementation develop, so I am not able to give the noble Baroness an exact answer at the moment.

[Baroness Scott of Bybrook (Con)]

Surely there is a budget, or even a proposed budget, that will go to the Treasury to deliver this scheme.

[Baroness Taylor of Stevenage (Lab)]

As with all future funding for our department and every other department, spending review bids have gone in. I will take her request back to the department to see whether we are able to be any clearer on that, but my understanding is that at the moment that we are not able to give an exact figure.

Noble Lords will be aware that these database fees will be set at a later point in regulations. I stress that in setting fees, we will ensure, and we have always been clear, that the fees will be fair and take into account the cost to landlords. The noble Baroness, Lady Scott, also asked me about the accountability of the database operator. I will write to her on that point, if that is okay. For the reasons I have set out I do not think that it would be beneficial to the private rented sector database, or the reforms more widely, to place these additional limits on what relevant costs may be recoverable via the database fees.

The Bill will make it a legal requirement for residential landlords to ensure that they and their rental properties are registered on the database before a court can grant a possession order and they can gain possession of their property. Clause 91(1) amends Section 7 of the Housing Act 1988 so that a court can order possession only where there is an active entry in the database for both the landlord and the dwelling. Clause 91(1) also stipulates that possession orders made on grounds relating to anti-social behaviour are exempted from this requirement.

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[Lord Jamieson (Con)]

My Lords, I thank all noble Lords for their contributions to the discussion on the seventh group of amendments, which addresses important changes to the rent repayment orders. These amendments seek to strengthen the mechanism by which tenants and local authorities can hold landlords accountable when they breach laws and ensure that rent repayment orders are both fair and effective.

The proposals tabled by the noble Baronesses, Lady Thornhill, Lady Taylor of Stevenage and Lady Kennedy of Cradley, raise significant points that warrant our attention. Among them, we see the suggestion to register RROs on a public database, which would make the existence of these orders transparent, allowing tenants and others to be aware of landlords with a history of non-compliance. This could serve as a powerful deterrent against landlords who might otherwise continue to disregard their responsibilities.

In addition, we see proposals to change the amount to be repaid in an RRO, as well as to extend the ability of tribunals to issue RROs in the case of non-registration on the public database. We need to ensure that the consequences for landlords are proportionate to the harm caused and that tenants receive a fair outcome. Although it is appropriate to have rent repayment orders where a tenant has been impacted or suffered a loss, as outlined so well by the noble Baroness, Lady Kennedy of Cradley, where a landlord has inadvertently breached a regulation and received a fine, but no harm has been done to a tenant, should they also receive a rent repayment order?

These Benches accept that rent repayment orders are an important tool for holding landlords to account and we welcome the intention to make these processes more accessible and transparent for tenants. However, we note that there are complex issues surrounding the practicalities of RROs, as I mentioned earlier, particularly in relation to the standard of proof and their scope.

Therefore, I ask the Government to respond to the following points. How do they propose to ensure that these amendments, particularly those relating to the registration of RROs, do not place unnecessary burdens on tribunals or create unintended consequences for landlords, who may not be aware of the rules? How do the Government intend to address the issue of non-registration on the database and the potential impact on landlords who fail to comply?

I thank the noble Baronesses, Lady Thornhill, Lady Bennett of Manor Castle and Lady Kennedy of Cradley. These are important questions and I look forward to hearing the Government’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Thornhill, and my noble friend Lady Kennedy of Cradley for their amendments relating to rent repayment orders. I also thank the noble Lord, Lord Jamieson, for his contribution.

I will begin by responding to the amendments in the name of the noble Baroness, Lady Thornhill. Amendment 226 seeks to extend penalties for non-compliance with private rented sector database requirements. The Bill already includes a clear, proportionate and escalating approach to penalties against those who flout the rules. For initial or less serious non-compliance, local authorities can impose a civil penalty of up to £7,000— I think the noble Baroness, Lady Thornhill, said she was beginning to sound like a stuck record; now I feel like that as well. In the case of the database, that applies, for example, to a first failure by a landlord to register.

For serious or repeat non-compliance, local authorities can prosecute or, alternatively, issue a civil penalty of up to £40,000. In the case of the database, that applies, for example, where a landlord knowingly or recklessly provides information to the database operator that is false or misleading in a material respect. We will, through the Bill, significantly strengthen rent repayment orders because we believe they are a powerful mechanism for tenant-led enforcement.

In relation to the database, rent repayment orders are available where a landlord knowingly or recklessly provides false or misleading information to the database operator. They are also available where a landlord continues to fail to register or provide the required information to the database following a first penalty. These, though, are criminal offences, and it would not be appropriate to extend rent repayment orders to non-criminal breaches of the database requirements. Rent repayment orders are intended to act as a punitive sanction against landlords who commit criminal offences. Extending them to conduct that does not amount to an offence would undermine this.

Similarly, Amendment 257 would make rent repayment orders available for initial failure to be a member of the PRS landlord ombudsman and initial failure to be registered with the PRS database. My view is, as before, that it may be inappropriate to extend rent repayment orders to these non-criminal breaches. The new ombudsman and database are fundamental parts of our reforms, and of a better private rented sector with greater accountability. It is vital that they are robustly enforced.

We think the routes of enforcement currently in the Bill represent an effective and proportionate approach. We will monitor the use and effectiveness of rent repayment orders under the new, strengthened regime and consider whether further changes are necessary. Therefore I ask that the noble Baroness, Lady Thornhill, withdraws her amendment.

Amendment 244A, tabled by my noble friend Lady Kennedy of Cradley, seeks to lower the standard of proof to which the First-tier Tribunal must be satisfied before making a rent repayment order against a landlord for an offence of illegal eviction or harassment under the Protection from Eviction Act 1977. She set out very clearly and concisely why she was putting that forward with a very convincing argument.

I am clear that illegal eviction and harassment are serious criminal offences and that offenders need to be robustly punished. I accept that this happens too rarely at the moment. We are seeking to address this through the Bill by extending civil penalties, as an alternative to prosecution, to illegal eviction and harassment offences under the Protection from Eviction Act 1977.

My noble friend pointed out that the First-tier Tribunal is not a criminal court and asked why the criminal standard of proof should apply. The rent repayment order regime is predicated on an offence having been committed, and it is an established principle in law that offences are taken to have been committed when proved beyond reasonable doubt. Creating a lower standard of proof for the same offences for a finding of guilt in the tribunal compared with the criminal courts would be confusing, inconsistent and could be subject to a successful challenge.

We are also placing a duty on local housing authorities to enforce against specified landlord legislation, which includes illegal eviction and harassment under the Protection from Eviction Act 1977, and we are looking hard at how best we can support them do so effectively. This Government are determined to bear down harder on illegal eviction and harassment. We are concerned, though, about what impact this amendment could have on the integrity of the rent repayment order regime as a whole.

Rent repayment orders are predicated on an offence being committed. As I said, they apply exclusively to criminal offences, and the penalty can be a very significant one. The changes that we are making through the Bill both double the maximum penalty to two years’ rent and extend the circumstances in which the tribunal must award that amount. I recognise that illegal eviction may be hard to prove beyond reasonable doubt, but that is not a principled reason for a civil standard of proof to apply to obtaining a rent repayment order in respect of a serious criminal offence.

The severity of the penalties that, quite properly, apply in the rent repayment order regime mean that there would be serious questions about procedural fairness should the criminal standard of proof not be required. The criminal standard of proof will of course be required when a local authority issues a civil penalty for illegal eviction or harassment under new Section 1A of the Protection from Eviction Act 1977. All the other rent repayment offences would remain to be proved beyond reasonable doubt. Making rent repayment orders for illegal eviction and harassment subject to the civil standard of proof would create an anomaly and be a departure from a well-established position, which we consider would be hard to justify. Of course, I would be very happy to meet the noble Baroness, Lady Kennedy, and Safer Renting but, for now, I ask the noble Baroness, Lady Thornhill, to withdraw her amendment.

I will end with a brief—I promise—explanation of the Government’s amendments in this area. This Government view rent repayment orders as a critical part of ensuring higher standards and better compliance in the private rented sector; that is why we have significantly expanded them through the Bill. Government Amendments 244 to 248 aim to ensure that they work as intended in their application to the offence of breaching the restricted period after relying on the moving and selling grounds of possession, and the amended licensing offences are described correctly.

[Baroness Thornhill (LD)]

First, I thank the noble Baronesses, Lady Kennedy and Lady Bennett, and the noble Lord, Lord Jamieson, for their excellent, thoughtful and thought-provoking contributions.

We all agree, I think, that it is really disappointing that rent repayment orders—such a valuable tool—are so rarely used. Let us hope that the changes outlined by the Minister work and that the whole renting culture changes, with tenants’ empowerment. As we have gone through this process, we are beginning to see all the impacts of the Bill and how they should all work together to produce that change; perhaps an increase in the number of RROs will be an indication that things are improving.

I follow the logic of the Minister’s arguments, as on my previous amendments, but I hope that we have given her food for thought. I withdraw my amendment.

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Moved by

[Baroness Taylor of Stevenage]

234: Clause 88, page 119, line 4, after “(2)” insert “or (3)”
Member’s explanatory statement
This enables a database operator to disclose information from the database to the Secretary of State.

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Moved by

[Baroness Taylor of Stevenage]

244: Clause 99, page 126, line 7, at end insert—
“(aa) in line 5 of the table in that subsection, in the third column, for “control or management of unlicensed HMO” substitute “offences relating to unlicensed HMOs”; (ab) in line 6 of the table in that subsection, in the third column, for “control or management of unlicensed house” substitute “offences relating to unlicensed houses”;”Member’s explanatory statement
This updates the description of offences under section 72(1) and 95(1) of the Housing Act 2004 to reflect changes made to those provisions by clause 105 of the Bill.

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Moved by

[Baroness Taylor of Stevenage]

245: Clause 99, page 126, line 34, leave out “, 2B”
Member’s explanatory statement
This amendment is consequential on the amendment in my name amending clause 99 to insert a new row into section 44(2) of the Housing and Planning Act 2016 to deal with this case.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the right reverend Prelate the Bishop of Manchester, the noble Lord, Lord Tope, and the noble Baronesses, Lady Grender, Lady Whitaker and Lady Coffey, for their amendments on the decent homes standard and standards within the private rented sector. I also thank the noble Earl, Lord Leicester, the noble Lord, Lord Cromwell, and the noble Baronesses, Lady Janke and Lady Scott, for their comments in this group. Let me say how much I agree with the right reverend Prelate’s words about the decent homes standard and how dramatically that has improved homes in the social rented sector.

Amendment 249, tabled by the right reverend Prelate, would remove the power that allows Ministers to specify in regulations what types of temporary homelessness accommodation the decent homes standard will apply to. People living in temporary accommodation deserve a safe and decent home. I therefore agree with the right reverend Prelate’s aim of ensuring that such accommodation meets minimum decency standards. I can confirm that it is the Government’s intention that as much of this sector as possible is covered by the decent homes standard—I feel really strongly about this. I was told by the Mayor of London last week that one in 21 children in London are currently in temporary accommodation; that is probably more than one in each classroom of children. It is absolutely shocking that this is the case. Of course, the long-term answer is our commitment to the biggest increase in social and affordable housing in a generation. We have already invested £2 billion in making a start to help towards that situation.

However, it is important that I say that the pressures on the supply of temporary accommodation mean it is important that we carefully consider how we apply the standard to this sector. Having this power allows us fully to examine these issues and to consult. That will make sure that we strike the right balance between improving standards and avoiding risks to supply. I am of course very happy to meet the right reverend Prelate on this issue, because we all want the same outcome. For now, however, I ask that he withdraw his amendment.

Amendment 250, in the name of the noble Baroness, Lady Grender, seeks to bring service family accommodation provided by the Ministry of Defence within the scope of the decent homes standard provisions in the Bill. I certainly agree with her that the conditions of much of the service family accommodation that we inherited were absolutely shameful. I strongly agree that we owe our dedicated military personnel and their families safe and decent homes. However, as the Minister set out when this amendment was debated in the other place, bringing this accommodation within the scope of the enforcement system established by the Bill is not the right way to achieve this. I will explain why.

Our Government are determined to deliver homes fit for heroes. Noble Lords will be aware that the Ministry of Defence has recently completed a landmark deal to bring military housing back into public ownership—the deal that the noble Baroness referred to. This represents a once-in-a-generation opportunity to provide service families with a better standard of accommodation while contributing to our economic growth mission and boosting British housebuilding overall.

Alongside this deal, the MoD has started work on a new defence housing strategy, to be published later this year, to deliver a generational renewal of military housing. In April, the MoD announced a new consumer charter for forces family housing, which will form part of the strategy. The charter will introduce consumer rights for forces families, from essential property information and predictable property standards to access to a robust complaints system.

On standards, the MoD already uses the decent homes standard as a benchmark for service family accommodation. Homes below that standard are not allocated to service personnel and their families. The MoD uses its own higher defence “decent homes plus” as the target standard for service family accommodation. As part of the new strategy, the MoD is reviewing that target standard in line with the recommendations of the excellent Kerslake review that the noble Baroness referred to and the House of Commons Defence Committee.

On the specifics of the amendment, we consider that the approach we are taking in the Bill to apply and enforce decent homes for privately rented homes is just not the right one for service family accommodation. There are particular challenges in bringing accommodation within scope of local authority enforcement, including access to the more than 6,500 homes that are located “behind the wire” on secure sites.

The Government are already taking action to ensure that service personnel and their families have homes of the quality they deserve, as part of our commitment to renewing the contract with the people who serve us. By regaining ownership of military housing, we will now be able to embark on a substantive programme of redevelopment and improvement, which will enhance recruitment and retention in the Armed Forces and, with it, our national security. My right honourable friend John Healey, the Secretary of State for Defence, has set out his commitment to improved military housing and will report to Parliament later this year, when the defence housing strategy is published. Given this, I hope the noble Baroness will agree that her amendment is not required.

Amendment 251, in the name of the noble Lord, Lord Tope, would extend the decent homes standard provisions in the Bill to Home Office asylum accommodation. This would require such accommodation to meet the decent homes standard requirements and increase the scope for enforcement by local authorities. A number of noble Lords raised this issue during the Second Reading debate. Following that debate, as the noble Lord, Lord Tope, mentioned, officials from both my department and the Home Office met London Councils and the Chartered Institute for Housing to discuss their concerns. I can assure the Committee that the Government share the objective of ensuring asylum accommodation is of a good standard. However, I do not consider that this amendment is the right way to achieve this.

There are already robust processes in place in respect of standards for all types of asylum accommodation. The contracts that the Home Office has with accommodation providers explicitly include standards requirements based on the decent homes standard, as well as the Welsh quality homes standard and the Scottish housing quality standard. Those contracts, including the standards requirements, are publicly available to view on the GOV.UK website. There is also a clear complaints process in place. Inspectors inspect the properties on a targeted and rolling basis.

There are also several reasons why the amendment would not be appropriate to bring asylum accommodation within scope of the decent homes standard provisions in the Bill. First, these provisions introduce the decent homes standard for privately rented homes in England only, whereas there is asylum accommodation across the United Kingdom. Accepting this amendment would therefore result in a fragmented system, with different standards requirements and enforcement systems applying depending on where in the United Kingdom the accommodation was based. The Government wish to avoid this.

In addition, we wish to avoid situations in which requirements to comply with the decent homes standard would mean that certain types of asylum accommodation could no longer be used, even if there was no alternative. For example, we want to end the use of hotels over time, but it is sometimes necessary to meet the legal duty to accommodate destitute asylum seekers. That accommodation might not meet the decent homes standard requirements, such as full-board hotels where there are no kitchen facilities for asylum seekers to use themselves. I appreciate that they are certainly not ideal for families seeking asylum, and they would not meet the decent homes standard. Standards requirements already apply to asylum accommodation, and there are adequate routes of redress for occupants when things do go wrong. I therefore ask the noble Lord not to press this amendment.

Amendment 252, tabled by my noble friend Lady Whitaker, seeks to bring rented mobile homes within the scope of the decent homes standard provisions. While I am sympathetic to the aims of my noble friend, I cannot support this amendment, as the decent homes standard is not suitable for mobile homes. The decent homes standard has been specifically designed to apply to residential buildings. This is integral to the design and operation of the standard. For example, the housing health and safety rating system, the assessment method that underpins parts of the standard, was specifically developed to assess health and safety risks in buildings. As a result, it is not possible to apply and enforce effectively the decent homes standard in respect of types of accommodation that are not buildings. This amendment would therefore not achieve the desired outcome of improving the quality of rented mobile homes. I am, of course, happy to discuss further with her how we might seek to achieve what she has been trying to achieve for many years. Given this, I ask my noble friend not to press her amendment.

Finally, Amendment 252A, in the name of the noble Baroness, Lady Coffey, would limit the breadth of the decent homes standard as it applies to the private rented sector. We will be launching a consultation on the content of the decent homes standard for social and privately rented homes in the coming months. We will consider carefully the responses before finalising the detail of the standard. The regulations we will make to implement these requirements will then be subject to parliamentary scrutiny through the affirmative procedure.

I acknowledge that the PRS is a diverse sector with a broad range of differing housing types, and some may have features that, as the noble Baroness rightly pointed out and the noble Earl, Lord Leicester, mentioned, make it very difficult to meet certain aspects of a decent homes standard. We want landlords to take reasonably practicable steps to bring their properties up to standard, but we will not unfairly penalise those who are unable to do so. The legislation we are introducing will therefore provide local councils with a range of enforcement tools to respond to different circumstances. We will publish statutory guidance to support councils in dealing with such issues in a pragmatic and proportionate way that is fair both for tenants and for landlords.

Accepting the amendment would result in different standards applying to different types of PRS homes, which would make it harder for tenants and landlords to understand what requirements apply, and more challenging for local authorities to enforce. As I have stated, the legislation will provide local authorities with flexibility, and we consider that this will provide a more effective and fairer way of dealing with situations when a property cannot realistically meet the standard.

As I am the MHCLG Minister with responsibility for net zero, I have a lot more information on how we intend to operate EPC and the minimum energy efficiency standards in the private rented sector, and I am happy to write to the noble Baroness with a lot more detail rather than take up the Committee’s time tonight. But on that basis, I ask her not to move her amendment.

[The Lord Bishop of Manchester]

I thank all noble Lords who have taken part in this debate. It has been characteristically good natured and very well informed, and I am very grateful in particular for the way the Minister has responded to the various amendments in this group.

Because we are going to have a rather late night tonight, I will not say too much at this stage. I wish to respond to some of the comments made by the noble Baroness, Lady Coffey. I did not speak to her amendment in my introduction because I did not understand it in the form in which it appeared on the Marshalled List; I am very grateful to her now.

I guess I should declare an interest: my daughter lives in a pre-1800 former gamekeeper’s cottage in a very rural part of Devon. She is not a tenant because she managed somehow to negotiate a very favourable mortgage rate with “the bank of mum and dad”, with which I think many of your Lordships will be very familiar—all too familiar, I fear. I understand the complexities of trying to get that cottage up to anything like a decent environmental standard, so I have great sympathy.

The noble Baroness mentioned in particular the Church of England’s land. The Church Commissioners, which I chaired in succession to the noble and right reverend Lord, Lord Chartres, until about 15 months ago, currently has a development land portfolio sufficient for about 30,000 homes, and we would like to develop that out to make more homes for people to live in. We recently set up a group that I am now the chair of, the Church Housing Association, which was registered with the regulator about six weeks ago. It is looking to utilise more Church land, particularly land owned by parishes and dioceses, in order to produce more social housing, particularly housing at social rent level, across the country. I am hoping to meet with Homes England and others in the near future to progress that. My own diocese is going through a very determined process of evaluating all parsonages, selling the ones we do not need and investing the money in improving the ones we are going to keep. So I hope the noble Baroness will agree that this is the right way to take these matters forward.

I am very grateful for all that has been said tonight and I look forward to meeting the Minister to further some of the conversations we have had. For the time being, I beg leave to withdraw the amendment.

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[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lords, Lord Shipley and Lord Young of Cookham, for their amendments relating to selective licensing, and I particularly thank the noble Lord, Lord Shipley, for moving the amendments from the noble Lord, Lord Young, in his absence. I thank the noble Lord, Lord Jamieson, for his comments.

Amendment 253, moved by the noble Lord, Lord Shipley, seeks to allow local authorities to use selective licence conditions to improve housing conditions. We acknowledge and share the noble Lord’s intentions to improve housing conditions. We believe that all renters deserve to live in safe, secure and quality homes. With the introduction of a decent homes standard and the application of Awaab’s law through this Bill, the Government will reform and improve conditions across the sector. We think it is important that these measures benefit all renters and local authorities in tackling poor-quality homes, regardless of whether they are in selective licensing areas.

Amendment 254, also in the name of the noble Lord, Lord Shipley, seeks to allow local authorities to increase the maximum duration of selective and additional HMO licensing schemes from five to 10 years. As many noble Lords will be aware, the Government recently removed the requirement to obtain Secretary of State approval to introduce larger selective licensing schemes. We think it is right that local authorities have greater autonomy to implement schemes provided that they meet the statutory criteria. However, we also recognise licensing schemes do, as noble Lords have said, place additional burdens on landlords. It is therefore important that local authorities monitor any schemes to make sure that they are proportionate and are continuing to achieve their aims. A maximum scheme duration of five years strikes the right balance in giving local authorities time to make this assessment, while also ensuring that landlords are not by default subject to increased regulation for prolonged periods. I therefore ask the noble Lord, Lord Shipley, to withdraw his amendments.

I turn now to the amendments in the name of the noble Lord, Lord Young of Cookham. Amendment 267 seeks to streamline the selective licensing application process and cap the total fee that local authorities can charge for licensing similar properties in a block under single ownership. The Government recognise that selective licensing imposes a burden on landlords. The financial and administrative cost can be particularly significant for large portfolio landlords, such as those operating in the build-to-rent sector.

Local authorities already have discretion to streamline licence applications and fees for landlords whose properties meet the requirements for block licences. Where appropriate and consistent with the aims of their licensing schemes, we would encourage local authorities to make greater use of block licences. This reduces the burden on large portfolio landlords and can better reflect efficiencies for local authorities in licensing such properties, for example, the ability to inspect multiple properties in a block during a single visit.

It is right that licensing schemes continue to be determined locally and that local authorities have the flexibility to decide the best application process and fees to support delivery of schemes. Placing a cap on application fees could cause issues due to regional differences in costs between local authorities and potentially undermine the success of some schemes.

Amendment 268 seeks to allow the transfer of selective licences in circumstances where the licence needs to be passed to an employee of the same corporate body. As noble Lords will be aware, under Section 91 of the Housing Act 2004, licences currently cannot be transferred, as the noble Lord, Lord Shipley, explained. A new licence application is needed where a change to a licence-holder is required after a licence has been issued. A crucial part of the application process is ensuring compliance with the fit and proper person test. This is designed to ensure that prospective licence-holders do not pose a risk to the welfare of tenants. I am sure it is not the intention of the noble Lord, Lord Young, but accepting this amendment might mean circumventing those important checks for any new licence-holders within the same organisation.

I accept that it may seem excessive for a local authority to require a full licence application to be submitted where a licence needs to be transferred due to changes in staff in cases where there are no other changes to the management or use of the property. We would encourage local authorities to take a proportionate approach in these cases, for example, by requiring only details of the new licence-holder to be provided in the application and charging a fee that covers only the essential parts of the application process, for example, the fit and proper person test.

Amendment 269 seeks to allow a local authority to grant a temporary exemption from selective licensing to an applicant where it has determined that it requires more time to process the relevant licence application. I recognise the issues this amendment attempts to address. Where a local authority has received multiple licence applications from the same applicant, it needs sufficient time to review them. As a result, applicants may receive a decision after the period they deem reasonable. I totally agree with the noble Lord, Lord Jamieson, about digitisation of this process and making the whole process more efficient.

Local authorities are already required to determine all licence applications within a reasonable time. We would encourage them to set out clearly their expected processing timelines when inviting applications. When planning a licensing scheme, local authorities should also carefully consider the level of resources needed to process applications to avoid large backlogs being created.

However, regardless of any challenges a local authority may face in processing licence applications, landlords with licensable properties should apply for licences. This ensures that they are protected from enforcement action being taken against them for having control of or managing an unlicensed property. With this in mind, I ask the noble Lord, Lord Young, not to press his amendments.

[Lord Shipley (LD)]

My Lords, I thank the Minister for her very full explanation. I think the best course of action would be to review in Hansard what she has said and look at ways in which we might progress some of these issues by the time we reach Report in a few weeks’ time. For the moment, I beg leave to withdraw Amendment 253.

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Moved by

[Baroness Taylor of Stevenage]

255: Schedule 4, page 228, line 11, leave out “improvement notice” and insert “prohibition order”
Member’s explanatory statement
This replaces a reference to the improvement notice with the correct reference to the prohibition order.

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[Baroness Scott of Bybrook (Con)]

My Lords, Amendment 258, tabled by the noble Lord, Lord Cromwell, aims to provide greater clarity for local housing authorities and police forces in responding to cases of illegal eviction. Illegal eviction is a serious offence; it is not simply a housing matter but often a brazen abuse of power that leaves some of our most vulnerable renters without recourse. That said, we have reservations about the practicalities of this proposal, but I have listened to the noble Lord, Lord Cromwell, having asked the noble Lord, Lord Hogan-Howe, his views on it.

In essence, the amendment would place a statutory duty on police and councils to notify each other when a complaint of illegal eviction is received, to co-operate in investigating the offence and to take reasonable steps to assist the tenant. The intent here is understandable —tenants report illegal evictions and are, as we know, bounced between bodies, with the police saying it is a civil matter and councils struggling with limited capacity. Although the intent behind the amendment is undeniably well-meaning, we just have to pause and ask whether it might inadvertently entrench confusion within the statutory framework rather than resolving it.

Without clear definitions, the proposal to impose duties on local housing authorities and police forces to co-operate and assist opens the door to operational ambiguity. What exactly constitutes “reasonable steps to assist”, and what measurable outcomes are expected from this co-operation? Without these clarifications, there is a real risk of creating more confusion for the very tenants we want to protect.

We also want to be very careful about the practical burdens. As the noble Lord, Lord Cromwell, said, both councils and police forces are grappling the whole time with existing resource shortages. This amendment adds new responsibilities without addressing the underlying issue of capacity. Should we not first evaluate whether these agencies are equipped to handle their current workload before we impose further duties? What assessments have been made of the additional resource implications of this?

There is great merit in the principle behind the amendment—namely, the need for clearer co-operation and more decisive enforcement—but there are significant questions about whether, as drafted, it achieves that aim in a proportional, workable manner.

I agree with the noble Baroness, Lady Thornhill, and I ask the Minister: is the guidance clear enough, particularly to police forces, that it is an illegal act and it is against the law? Is there enough guidance? Are they being told exactly what they have to do? Do local authorities have clear guidance about looking after the tenant, which is their responsibility if they have been evicted and they are homeless at the time? Can this not be done in a different way by insisting that the Home Office work with MHCLG to try to embed the guidance that is already there and insist that both organisations deliver what they should be delivering at the moment?

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Cromwell, for his amendment and for meeting me to discuss it. The amendment would place a duty on local authorities and police forces to share information regarding alleged offences contrary to Section 1 of the Protection from Eviction Act 1977. I thank the noble Lord, Lord Best, and the noble Baronesses, Lady Thornhill and Lady Scott. Local authorities and police forces would also have a duty to co-operate in the investigation of these offences and take steps to prevent offences from occurring or continuing, as well as assisting tenants to gain access to properties from which they have been illegally evicted. The Secretary of State would be required to produce statutory guidance outlining how these duties would be discharged.

The Government are clear that illegal eviction is unacceptable. Changes introduced in the Bill will further empower local authorities to penalise those who illegally evict, giving them the option to issue a financial penalty of up to £40,000 as an alternative to prosecution. Illegally evicted tenants are also entitled to receive a rent repayment order. Local authorities will be provided with new investigatory powers alongside the powers that police forces have to investigate and prosecute breaches of the Protection from Eviction Act 1977.

However, I am concerned about the administrative burden that a reporting duty might place on police forces. The department is trialling approaches to improving multi-agency targeting and the disruption of rogue and criminal actors operating throughout the private rented sector. For example, Liverpool City Council’s private sector housing intelligence and enforcement taskforce—a snappy title, I know, but it does what it says on the tin—has successfully carried out joint operations with Merseyside Police and the Home Office. The Government will continue to explore how we can encourage more effective collaboration between the police and local authorities.

I am happy to add this topic to the agenda for the meeting that I have already agreed to with my noble friend Lady Kennedy and Safer Renting, and to take another look at the existing guidance to make sure that it does what it needs to do. With that said, I respectfully ask the noble Lord, Lord Cromwell, to withdraw his amendment.

[Lord Cromwell (CB)]

I thank the noble Lord, Lord Best, and the noble Baroness, Lady Scott, for their contributions.

I do not want to detain the Committee too long, but I say to the noble Baroness, Lady Scott, regarding her comments on co-operation and working it out in detail, that we found, in trying to specify every detail of what would go into the database, that it is much better to let the two responsible bodies work it out for themselves. They are grown-ups and they can work that out.

With regard to it being a further duty on the police, it is not a further duty but an existing one; it clarifies what they are supposed to be doing. I do not want to pray in aid the noble Lord, Lord Hogan-Howe, too much in his absence, but he certainly felt that that was a realistic thing that they could deliver without their resources being too stretched.

Sharing information and co-ordination is something that we ought to be able to take for granted, but it is a “nice to have”. The really important bit is that they intervene when people are being illegally evicted and that the police take that responsibility firmly on themselves. That is currently not the case, because they still have this ingrained idea that it is a civil offence, not a criminal one, which is incorrect.

That said, I am grateful to everyone for their comments. I look forward to the meeting. I am grateful to the Minister for agreeing to meet the tenant groups, which are passionately convinced that this amendment is essential. On that basis, I beg leave to withdraw the amendment.

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[Lord Jamieson (Con)]

My Lords, we all want to see energy efficiency, better homes for tenants and reduced fuel poverty but, as we discussed earlier this evening, this needs to be done in an affordable and pragmatic way that does not force older, rural and heritage homes out of the rental market. Amendment 259 in the name of the noble Baroness, Lady Bennett of Manor Castle, seeks to extend the powers of local housing authorities to use available data to enforce and exercise their functions under the Energy Act 2011. As the noble Baroness has established, that Act provided obligations on landlords to meet certain energy efficiency requirements for their properties before they are able to let their properties to tenants.

Clause 134 already enables local housing authorities to use the information they possess to enforce housing offences and other functions under a wider range of legislation than was previously permitted in the Housing Act 2004. This amendment would therefore extend the already expanded remit of Clause 134 to the domain of energy efficiency. We understand the intentions of the noble Baroness in this amendment and will be interested to hear the response from the Minister.

However, I question the necessity of the amendment. The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, made under the Energy Act 2011, already provide for the energy efficiency regulations to be enforced by local authorities in the case of domestic private rental properties and by trading standards in the case of non-domestic private rental properties. Those enforcement authorities are empowered by the 2011 Act to impose monetary penalties of up to £5,000 for any landlord who breaches the energy efficiency regulations. Given the powers that already exist and the highly significant changes to energy performance certificates that the Government plan to implement, this amendment appears unnecessary.

A review of energy efficiency improvements required and the methods for funding these improvements would be more appropriate, which is why we support Amendment 274 from the noble Baroness, Lady Hayman, supported by my noble friend Lady Penn. This amendment would simply require the Secretary of State to publish a roadmap for using private finance initiatives to provide the funding for any required improvements to energy efficiency for the private rental sector. This is a sensible and measured approach to the issue at hand, as opposed to any prescriptive requirements. I look forward to hearing the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Hayman, for their amendments relating to minimum energy efficiency standards, and the noble Baroness, Lady Bennett—who I think described herself as the Green night owl—the noble Baroness Lady Grender and the noble Lord, Lord Jamieson, for contributing to the debate.

I turn first to Amendment 259 in the name of noble Baroness, Lady Jones of Moulsecoomb. This amendment would allow information given to local authorities by tenancy deposit scheme administrators to be used by local authorities for a purpose connected with their functions under the Energy Act 2011, including enforcement against breaches of minimum energy efficiency standards under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. I reassure the Committee that local authorities are already equipped to enforce the private rented sector minimum energy efficiency standard of an EPC rating of E.

In February, a consultation was published to amend regulations and raise energy efficiency standards in the private rented sector, addressing fuel poverty and carbon emissions. The consultation proposes that local authorities will be empowered to issue fines of up to £30,000 for non-compliance with the new minimum energy efficiency standards in the private rented sector. To respond to the point from the noble Baroness, Lady Grender, officials from the Department for Energy Security and Net Zero are exploring support for enforcement in collaboration with stakeholders, including local authorities.

Local authorities often identify non-compliance during other property engagements and can take appropriate action. A local authority may issue a compliance notice to a landlord suspected of breaching the energy standard. If the landlord fails to comply, the authority has the power to issue a penalty notice. Of course, I recognise the value that data plays in aiding enforcement, which is why we have widened access to information for other enforcement purposes through the Bill. For these reasons, I ask the noble Baroness, Lady Bennett, on behalf of the noble Baroness, Lady Jones of Moulsecoomb, to withdraw the amendment.

Amendment 274, from the noble Baroness, Lady Hayman, would require the Secretary of State to publish a road map for scaling up private finance initiatives to support the funding of energy-efficiency improvements in privately rented homes within six months of the passage of the Bill. I strongly support improvements to energy efficiency in privately rented homes. The Government have pledged to take action to stand with tenants and deliver the safety and security of warmer, cheaper homes. In February, we published our consultation on improving energy-efficiency standards in the private rented sector in England and Wales. The consultation closed on 2 May. We are analysing the responses and expect to publish a government response later this year.

I appreciate the intention behind the amendment, as we recognise the important role that private finance will play in supporting the private rented sector to meet the proposed energy-efficiency standards. We are currently considering the consultation feedback and options to further support landlords to make the necessary improvements to their property. I believe that the amendment is not necessary as the information on support, including private finance to fund energy-efficiency improvements in privately rented homes, will be available shortly.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for her response and everyone who has taken part in this short debate, which was marked by a remarkably strong degree of agreement. Everyone agrees that home energy efficiency is something on which we really need to take vital action. I was reminded of a stat, which I learned probably a dozen years ago, that British homes were, in terms of energy efficiency, the second worst in Europe, behind Lithuania. I am not quite sure how Lithuania has done in those 12 years since then, but I know that we have made very little progress.

I will briefly pick up a couple of technical points. The noble Lord, Lord Jamieson, and the Minister both talked about local authorities having enforcement powers or, indeed, enhanced enforcement powers. But you can take enforcement only when you have the information—the data—that enables you to know when to take action. Just guessing which might be the homes that are not great is not a really effective way to proceed.

I thank the noble Baroness, Lady Grender, for the Lib Dem support for this amendment and also for embracing Kirklees. Everyone wants to embrace Kirklees, and really where we want to get to is a situation where we can embrace every town and city in the country with the same kind of project, particularly with those street to street-type arrangements.

I have one final comment. The noble Baroness, Lady Hayman, spoke about long-term policy certainty, which reminded me of going—I think it was in 2012—to the Insulate UK presentation. It was the insulation industry’s annual expo, and the whole industry was shutting down because the funding had disappeared. That boom-bust, boom-bust has been an enormous problem. We have not mentioned this yet, but, of course, we are talking also about huge numbers of opportunities, particularly for small independent businesses in every town and city up and down the land, if we find the funding and if we find the data and the push to make it happen.

I reserve the right to come back to this to look technically at the details, but in the meantime, of course, I beg leave to withdraw the amendment.

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[Baroness Scott of Bybrook (Con)]

My Lords, I thank the right reverend Prelate the Bishop of Manchester for this amendment on powers of entry into properties. Of course, there is a fine line here: we are trying to balance landlords’ rights to know what is going on in their properties, especially regarding enforcement, with the rights of the occupiers of the property to be informed when powers of entry are being exercised by enforcement authorities.

The amendment would remove the current requirement for a notice to be provided to both the owner and the occupier of the property before the authority can exercise any power of entry under Section 239 of the Housing Act 2004. This would mean landlords not having to be told that their property is going to be entered for survey or examination. I would argue that the owner of the property should have the right to be informed both that their property will be investigated by enforcement authorities and that the authority will exercise its power of entry into the property. This is the case as things stand now, and I believe that that is how it should remain.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the right reverend Prelate the Bishop of Manchester for his Amendment 260 and the noble Baroness, Lady Scott, for her comments. This amendment to Section 239 of the Housing Act 2004 seeks to enable local authorities to inspect PRS properties without the need to give 24 hours’ notice to property owners where the property is unoccupied, while retaining the notice requirement for tenants.

Section 239 currently requires local authorities to provide 24 hours’ notice to owners—if known—and occupiers before an inspection can take place. We are aware that the current requirement to provide property owners with 24 hours’ notice enables some unscrupulous landlords to hide evidence of breaches of PRS legislation, intimidate tenants and obstruct inspections. We recognise that the current notice requirement may, in some circumstances, hinder local authorities’ ability to address tenants’ unsafe or hazardous living conditions effectively.

While we are supportive of any efforts to improve local authorities’ ability to enforce against rogue landlords and appreciate that this amendment is in support of that objective, we must carefully consider its implications. We will continue to have conversations with the right reverend Prelate and with stakeholders, and we welcome noble Lords sharing their views on this matter so that the Government can take them into consideration. For these reasons, I ask the right reverend Prelate the Bishop of Manchester to consider withdrawing his amendment.

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[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Baroness, Lady Thornhill, for opening this group and introducing her Amendment 263. This amendment would require the Secretary of State to review and report on the impact of the Act on the private rented sector, including housing supply, rent levels, tenant security and regulatory burdens, within two years of its enactment.

We on these Benches do not support reviews for the sake of reviewing. They often consume time and public funds, and require precise delivery in order to answer the questions they set out to answer. However, this legislation poses a significant risk to the market. Noble Lords from across the Committee agree that we must protect tenants and ensure they have access to secure, stable and decent housing at a fair price. We have been clear this Bill does not deliver that.

The Government must review the efficacy of the Bill and be held accountable for the decisions they have taken and insisted on. To achieve this, we need a functioning market with an adequate supply of good-quality homes to meet a growing demand. Ensuring the availability of homes is key to making accommodation attainable and keeping rents affordable. Any legislation in this area must strike a difficult but essential balance between these competing interests. Only by getting that balance right can we hope to achieve an efficient and effective rental market. We, along with the many stakeholders we have consulted, believe that a review is necessary and that it should be brought before Parliament.

I am keen to know whether the Government are giving the amendments in the names of the noble Baronesses, Lady Grender and Lady Janke, serious consideration. Can the Minister say how the success of this Bill will be judged? What does success look like in the eyes of the Government?

In our view, the fear and uncertainty surrounding this Bill is already having a negative impact. On the first day in Committee, I quoted figures from Savills and I will underline them once more. According to Savills, the number of rental properties available on their books in quarter 1 of 2025 is down 42% compared with the same period in 2024. That is 42% fewer homes for families, and 42% less choice for people searching for somewhere to live. If the Government are confident in the positive impact of this Bill, what reason does the Minister have for not reviewing its effects on the housing market, specifically its impact on the availability of rental homes, rent levels, house prices and the demand for social housing? If the Bill were to have a damaging effect on the rental market, surely Ministers would want to know.

Getting this balance right is paramount. It is the difference between a functioning, accessible rental market and one that is suffocated. It is the difference between tenants being able to find a secure and affordable home, and landlords leaving the sector altogether. I look forward to the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baronesses, Lady Thornhill, Lady Grender and Lady Janke, for their amendments, which propose several different types of reviews to the future Act, and the noble Baroness, Lady Scott, for her comments. I have to ask why we do not have a functioning effective rental market—we were not in government over the past 14 years.

Amendment 263, tabled by the noble Baroness, Lady Thornhill, would introduce a legal requirement for the Government to carry out a review of the Bill’s impact on the private rented sector. This review would be conducted, and subsequently reported to Parliament, within two years following the Bill’s receipt of Royal Assent. In particular, it would require the review to consider the Bill’s impact on supply, rent levels, security of tenure and the burdens on landlords. It also prescribes that the Government must consult with representatives of landlords, tenants and local authorities during the preparation of such a review.

I know the Committee shares my interest in the practical impact that this legislation will have on the private rented sector. I reassure the Committee that this interest is at the heart of the Government’s commitment to monitor and evaluate robustly the impact of our reforms. Our approach will build on the department’s existing monitoring of the housing sector. Our process, impact and value for money evaluation will be conducted in line with the department’s published evaluation strategy. Our monitoring work will make use of a range of data, including the results of the English Housing Survey, data from relevant stakeholders, including local authorities, and data generated from the reforms themselves. We will also deliver an evaluation involving extensive data collection through interviews, surveys and focus groups. These will be conducted with a range of stakeholders, such as tenants, landlords, letting agents, third sector organisations, delivery partners, the courts service and government officials. Monitoring data from existing surveys and new data produced by the reforms will supplement these findings.

I can also reassure the Committee that the conclusions of our evaluation will be published in a timely manner, in line with our broader policy on the publication of research. This includes an interim evaluation report on the processes, early impacts and intermediate outcomes, which we will produce in the early years after implementation. I hope this gives the Committee confidence that the Government’s proposed approach to monitoring and evaluation is the right one. Setting an arbitrary deadline for this process, as the amendment moved by the noble Baroness, Lady Thornhill, would do, we believe represents an unnecessary step. On that basis, I ask the noble Baroness to withdraw her amendment.

Amendment 270, in the name of the noble Baroness, Lady Grender, would mandate that the Secretary of State carry out a review of rent affordability in England, with a report to be laid before Parliament within 12 months of the Bill receiving Royal Assent. This amendment would require this review to be wide-ranging, encompassing the affordability of rents across both the private and social sectors, the impact on tenants, and regional differences. It would also require specific assessment of the effectiveness of measures to control excessive rent increases and the uptake and outcome of the tribunal.

As I already noted, the Government are committed to very robust monitoring and evaluation of the private rented sector reform programme. We will also continue to monitor trends across the industry as a whole, using a range of data sources, which include the Valuation Office Agency rental prices data, the Office for National Statistics rental price index, and data from the English Housing Survey and the English Private Landlord Survey. This will enable us to respond to unexpected impacts or unwelcome outcomes and initiate appropriate changes where these are needed.

Finally, Amendment 273, from the noble Baroness, Lady Janke, would introduce a legal requirement for the Government to produce a report on the impact of the Bill once it is an Act on different racial and ethnic groups in the private rented sector. I have already outlined at length our broader plans for assessing the impacts of the Bill. Regarding specific impacts on racial and ethnic groups in the sector, the department follows the Ethnic Group, National Identity and Religion guidance published by the Office for National Statistics. Ethnicity statistics are regularly collected and published by the department about tenants and landlords to understand the demography of the private rented sector through the English Housing Survey and the English Private Landlord Survey. This data supports our continued compliance with the requirements of the public sector equality duty and wider government responsibility by contributing to the race disparity audit.

It is also worth stressing that, in keeping with the public sector equality duty, once the Bill is an Act, Ministers will continue to have due regard to the equality impact of decisions on groups by reference to relevant protected characteristics. This includes the protected characteristic of race.

[Baroness Scott of Bybrook (Con)]

I understand the collection of the data, which I think is excellent so that we know what is going on, but how is that going to be scrutinised by Parliament? Will that come in a report? If it is, when will that first report come to Parliament for scrutiny?

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[Baroness Taylor of Stevenage (Lab)]

I will write to noble Lords confirming the policy on publication of research. I think it is a matter of publication and then for Members to call it forward if they wish to scrutinise it further.

[Baroness Thornhill (LD)]

I thank the Minister for that. I am glaring at the noble Baroness, Lady Scott, because she filched one of the things I was going to say, but she is absolutely right—great minds think alike. Although we are coming at the Bill from completely different positions, we are agreed on this issue. Her summary of my Amendment 263 actually said it all as to why we feel we need something in the Bill.

If the Government are confident about the way they will monitor and evaluate, why not put something in the Bill? As for an arbitrary date, surely, after two years—bearing in mind that you can come back whenever you like within that period—you will have some indication of the trend. That is what is bothering us: the uncertainty and radical nature of the Bill, which we hope will be successful.

We reserve our right to come back to this issue, but for now I beg leave to withdraw my amendment.