Social Housing Bill [HL]

Baroness Thornhill Excerpts

Monday 20th July 2026 Lords Chamber

[Baroness Coffey (Con)]

My Lords, I tabled Amendment 81 and I support my noble friends on the Front Bench in their Amendments 83 and 84.

My amendment is trying to bring a bit of accountability back into housing associations. An issue that has been well described during various stages of the Bill is that housing associations are becoming enormous, with no connection to local areas. As a consequence, I thought—especially in line with the vibe of the new Prime Minister about devolution, local decision-making and people feeling involved—that it was time to get some democracy and democratically elected people back on these boards. Specifically, Amendment 81’s proposed new subsection (3) says:

“Regulations under subsection (2)(b) must ensure that no private registered provider’s board is comprised of a majority of elected local councillors”.


I anticipate that the Government will try to say, “This will put it back on the balance sheet”, but the answer is that it will not. The ONS—and I know this because there are some excellent officials over there; I have worked with some of them in the past—only puts things on the balance sheet because you have to have a majority. Control has to be with local government, which is why having a minority, not a majority, specifically in primary legislation, is key to that.

It feels that the direction of several housing associations is not going in the right way. The new Prime Minister has certainly been keen to talk about council housing—more so than social housing, although I appreciate that both will be in his mind—and that is where people would expect that, where there are special situations or a special kind of social housing or council housing, somehow there would be local involvement, not somebody who might be a couple of hundred miles away deciding what houses get sold, what get built and where they get built. For that reason, I hope the House may consider this during its consideration of the Bill.

[Baroness Thornhill (LD)]

I thought the noble Lord, Lord Jamieson, might like to speak first to tell us about his amendments so that we could respond, but I will go first.

While they are all on the same theme, these amendments are all different so I will take each of them in turn. As usual, the amendment from the noble Lord, Lord Fuller, sounds totally sensible, but I have checked this with three allocations officers in three different councils—so I have top trumped his single one—and the conclusion was that this is not an issue. Councils have the power to do what they wish with homes that have been adapted. They can leave them as voids, or they can rip out adaptations if they feel that they are too niche, but the reality is that they rarely have to do that because demand is so great. In fact, one officer said to me that the longest they have ever had to wait to re-let an adapted home is three weeks. I suppose I am saying that they would agree with the noble Lord that they care about protecting their precious adapted stock, and they do so.

My noble friend outlined the case for her Amendment 80. She said that many councils do this, but she is seeking to broaden our data about who accesses social housing, particularly veterans. The reason why that is important, as many of us know, is the high incidence of ex-military who end up homeless. My noble friend made a pertinent point about the wait that people have in order to get their adaptations. That is a far more serious point, and it could be to do with the availability of funding.

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[Baroness Eaton (Con)]

My Lords, I support Amendment 87, in the names of my noble friends Lady O’Neill and Lord Jamieson. This is an issue on which I have had a long-standing interest. During my time in this House, I have sought to strengthen the powers available to tackle tenancy fraud and unlawful subletting. I did so because social housing is a precious public asset and every home lost to fraud is a home denied to a family in genuine need. We frequently discuss the need to build more social housing, and of course new supply is important, but we should not overlook the importance of making the very best use of the stock we already have. That seems like the common-sense approach.

The legislation is already in place to tackle fraud. The question is whether it is being used effectively and consistently. Effective enforcement measures act as a deterrent to others who may be tempted to abuse the system. Before we ask taxpayers to fund even more housing, it is right to understand whether the homes we already have are being used for the purposes for which they were intended. This is why I support these amendments that are built on transparency, accountability and understanding.

[Baroness Thornhill (LD)]

My Lords, in speaking to this group of amendments I echo the comments from the noble Lord, Lord Farmer, regarding the loss of the noble Lord, Lord Timpson, from the Front Bench.

Amendment 82 is a sound and compassionate amendment. Speaking from experience, I learned the hard way that the exchange of data between the Prison Service and local authorities with regard to placing ex-offenders does not happen as it should. I felt that the noble Lord’s comment about all local authorities taking their share is particularly pertinent, as I found out from bitter experience. To cut a long story short, I noticed a spike in homelessness and offences in certain neighbourhoods. When I dug under those statistics and spoke to the Probation Service, it turned out it was to do with the lack of homes for ex-offenders. I said, “How come it’s all congregating here?”, and they said, “Well, Hertfordshire councils aren’t very co-operative”. I then found out that only two of the 10 authorities in Hertfordshire actually co-operated and tried to work with this group of people. I am pleased to say to the Minister that they were Watford and Stevenage.

However, I fear that Amendments 86, 87 and 88 confuse a lack of action with a lack of oversight. The social housing sector is not short of reviews, strategies or regulators; what it is short of is homes. On Amendment 86, the noble Baroness, Lady Eaton, was absolutely right that every home unlawfully sublet is a home denied to someone in real housing need. We should tackle tenancy fraud whenever it occurs, but I am not persuaded that yet another review from Whitehall will tell us anything that landlords do not already know. In my experience, the challenge is not a lack of understanding but often a lack of capacity and resources.

My greatest concern is with Amendment 87. Of course we want fewer voids, faster reletting and better use of existing stock—yes, yes, yes—but this amendment seems to assume that nobody is already collecting the data, monitoring performance or holding providers to account, and I do not believe that this is true. We already have a Regulator of Social Housing overseeing governance, financial viability and consumer standards; we already have the Housing Ombudsman scrutinising landlord performance and identifying systemic failings through complaints; and housing associations and councils already operate under significant scrutiny and reporting requirements. The danger is that we mistake reporting for better performance. You really do not fatten a pig by continuing to weigh it. A national strategy will not relet an empty home and another set of metrics will not house a family; good management does that, as does investment and building more homes.

As for Amendment 88, we support strong governance, transparency and tenant representation, but those principles are already embedded in the existing regulatory framework. Housing associations are independent organisations, subject to robust oversight, not bodies waiting for Whitehall to tell them how to behave.

Therefore, while I support the objectives behind these amendments clearly and firmly, I cannot support the assumption behind them: that every challenge in housing requires another review, another strategy or another layer of central direction. The sector is already regulated, scrutinised and awash with data. What it needs is the freedom, capacity and investment to focus on what matters most: providing and managing good homes for the people who need them the most. For that reason, we oppose these amendments.

[Baroness O’Neill of Bexley (Con)]

My Lords, I am grateful to all noble Lords who have contributed to this debate, in particular my noble friends Lady Eaton and Lord Farmer.

A common theme has run through this group: making better use of the social housing stock we already have. The amendment from my noble friend Lord Farmer addresses the important issue of prison leavers at risk of homelessness. Stable accommodation can play a crucial role in helping individuals rebuild their lives and in reducing the risk of reoffending. His amendment rightly seeks to improve co-ordination and information sharing between agencies, and I know that the House will have listened carefully to those arguments.

Amendments 87 and 88, in my name and that of my noble friend Lord Jamieson, are fundamentally about making the best use of the social housing stock we already have. We all hear calls for more social housing, but that conversation inevitably turns immediately to building more homes. As my noble friend Lady Eaton said, new supply is important, but it will not arrive overnight. Before we ask taxpayers to fund more homes, is it not reasonable to ask whether the homes we already have are being used as effectively as possible?

We need to make better use of the homes we already have. To do that, we need a more accurate view of how many we need. When an estimated 148,000 social homes may be fraudulently occupied, there is a strong case for a national strategy that tackles tenancy fraud, reduces void periods and improves re-letting performance. The Government themselves estimate that 5,800 social homes may be illegally sublet through short-term letting platforms. There could be a lot of people making a lot of money out of that. That demonstrates why tackling tenancy fraud must be part of any serious strategy for improving the use of social housing stock. Even if that figure proves to be overstated, it underlines the importance of having accurate data and a clearer understanding of the scale of the challenge.

Likewise, we need to understand how accurate housing waiting lists are and when they were last reviewed. Circumstances change, and it is only with a timely review that a more accurate and transparent assessment can be made of the number of dwellings actually needed, as well as ensuring that the list is assessing accurate prioritisation. Without that information, it is difficult to judge how many additional homes are genuinely required and how many could be made available through better stock management.

At a time when the demand for social housing continues to grow, it is not enough simply to talk about building new homes. We must ensure that the homes we already have are being managed as effectively as possible. Too often, concerns are raised about lengthy void periods, delays in re-letting, outdated waiting lists, tenancy fraud and unlawful subletting. Every property left empty unnecessarily is a missed opportunity for a family in need. Every home unlawfully sublet is a home denied to someone on a waiting list.

Our amendment would require the Government to produce a national strategy for improving the management and utilisation of existing housing stock. It would improve transparency, requiring key information to be published on void properties, re-let times, recovered properties and enforcement activity relating to unlawful subletting. It is not about creating additional bureaucracy; it is about ensuring that landlords, local authorities and government focus on making the best use of an extremely valuable and scarce public asset.

The related amendment on unlawful subletting seeks to better understand whether current enforcement powers are being used effectively and the barriers that might exist. Before calling for ever more supply, it is entirely reasonable to ask whether the stock we already have is being managed as efficiently as possible.

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[Baroness Coffey (Con)]

My Lords, I have tabled Amendment 92, the final amendment, and will be going ahead of my noble friend speaking from the Front Bench. To set it out pretty clearly, I hope that this finds favour with not only the Minister but the renewed Secretary of State, the right honourable Angela Rayner, who has been appointed. I also hope this finds favour with the Prime Minister.

Basically, one of the barriers for councils and others in trying to provide social housing is land. Homes England has tons of land. It has been given a lot of land by other government departments, with the very specific intent for homes to be built. But I am still awaiting—admittedly still within time—Answers to Questions about how many homes Homes England has built. I think that, at the moment, it is constrained by Treasury rules that it has to do this commercially. That is nonsense. We have an asset and there is a very clear intention by the Government to build many more homes, and, in particular, with this new Prime Minister, many more council homes. Why can we not just get on with it?

I appreciate that people go on about different aspects of finances, but the point is that this is in the Government’s hands. It is a bit like why the Conservatives brought in the right to buy initially. The property was there, and we knew that there were people wanting to buy those homes, to have and to invest in as they did, rather than them being an ongoing expense for the taxpayer. We have the same here. There is land all over the place that could become homes much more quickly if it was simply handed, for free, to the local council to get on and build.

For anybody who thinks that it is quite challenging to build homes, I remember that my noble friend Lady Scott of Bybrook and I were having dinner on The Cut. We saw the modular building right opposite the Old Vic. It is not a huge plot of land, but now there are four homes there—and it was all done within about two or three months. It is quite extraordinary. Where there is a will, there is a way, but land is the barrier. I encourage the Government to think that through.

I want to support Amendment 89, from the noble Lord, Lord Bird. I have long been a supporter of this. At the moment, there are 754,000 vacant properties in England, according to statistics published by the department last October. That has gone up by about a third in the last decade. That is not on; something needs to be done to try to get this moving. Quite often, these places are scruffy, and yet councils are not making use of their powers to force the owners of such properties to tidy them up and keep them looking nice. Much more needs to be done on this.

The proposed new clause headed “Long-term empty homes use: strategy and funding” is very sensible and the amendment is definitely needed. I expect the Minister will say, “It doesn’t need to be in law. We’re already doing something about it”, but the very fact that we are seeing an increase—I think it increased year on year—is a real scandal when, by the way, 105,000 of those empty homes are in Greater London.

I appreciate that the noble Lord, Lord Bird, has not indicated whether he intends to press his amendment. If he does, I would support him, but I hope the Government will consider it carefully and come forward with their own amendments by the time the Bill goes to the other end, particularly under the guise of the new Prime Minister and the renovated Secretary of State, in order to really make a difference here.

I know that the Prime Minister talked today about rough sleeping, which has often been a huge focus for a number of Governments, but it is actually a small number of people in this country compared with the people who are living in temporary accommodation. I hope that the Government will give this full force and back the intent of the Prime Minister not only on rough sleeping but, as he also mentioned, on making sure that people get their homes. That will be the basis on which they can have prosperous lives.

[Baroness Thornhill (LD)]

My Lords, this is a group of interesting and different amendments. Nobody could fail to be moved by the way that the noble Lord, Lord Bird, speaks to us, or to understand and feel his passion. He should not doubt for a minute that we share that; I think we all do.

My concern about Amendment 89 is that it would involve empty dwelling management orders. There is a real irony about those orders, as they are a power that councils rarely use. In fact, councils regard them as much more complex and difficult than CPOs—compulsory purchase orders—and have almost abandoned using them altogether. There were, in fact, no EDMOs used at all between 2023 and 2024, and only 200 in total since they were introduced in 2006.

I absolutely understand the intention of what has been said, but I am going to be cheeky and use this opportunity with the Minister to jump on one of my hobby horses, which is empty homes. This is really about the constraints and difficulties with compulsory purchase orders. It was said that councils should use their powers, but the trouble is that there are real barriers to councils using those powers. To start with, on money, councils lack dedicated funding to renovate properties, which is exacerbated by the costs of compensation to the owner and legal fees, so there are real money issues there.

It is absolutely accepted that the CPO process is overwhelmingly bureaucratic, complex and slow; it also requires government approval. If we are talking about the devolution of things, perhaps that is a power that councils could just get on with. On the six months, you want to say, “Of course that’s right”, but from my experience tracing the owners can, in reality, take far longer than six months. It is really frustrating watching officers try to progress these sorts of things. It is very challenging when there are so many absentee owners now. Some of the most difficult issues are about untangling complicated probate ownership.

Another big issue is the capacity in councils to do this work, when there is an ongoing concern that councils are constantly being asked to do more with less, particularly with regard to such issues and enforcement. But I understand why this amendment has been brought and the Government should look at removing some of those barriers to CPOs, which are well known and well evidenced. Councils are not using them for those reasons and some of those could be changed.

I have reassured the noble Lord, Lord Jamieson, that I will say nice things about Amendment 91. He is feeling a bit bruised today. Of course, it is absolutely right. Where we disagree on this is that I have always believed that brownfield is at the top of the planning hierarchy—ever since John Prescott’s days. It is very clear that we should be developing on brownfield sites. The amendment says that there should be a stronger emphasis. The reason for this, I know from sensible discussions with the Conservative Front Bench, is that they deal regularly with councils that do not give planning permission for brownfield sites.

That is a very real concern. Developers will always develop green spaces over brownfield, so there is a case for talking about incentives to use brownfield sites, to get those more into action. But I guess it is also a challenge for the Minister’s inspectorate. If councils are regularly turning down suitable housing sites and not giving permission, presumably a developer will appeal and inspectors will do their job. So I totally agree that it is always preferable to use brownfield.

My authority is one where 98% is brownfield. We do not really have any green sites apart from scratty little bits of land, which we very quickly put social housing on if we can get ownership of them. I absolutely get where the noble Lord is coming from; I just believe that brownfield is at the top of the hierarchy and that councils that are not playing ball, not playing by the rules, should be brought to account regardless of what party they are run by.

I have to say publicly to the noble Baroness, Lady Coffey, that I find her amendments wonderfully quirky. She is really good at thinking outside the box. I am busy thinking, “Okay, this one actually sounds quite simple, coming from the noble Baroness, but I bet there are loads of really complicated reasons why it can’t happen”. What I will say is that she put it very simply: why can they not just give it for free? In our council we give the land for free. The only way we get social housing built is by giving the land for free. I guess it is about the principle of that, and I wholeheartedly endorse the principle. Public land is a public asset and should be used for the public good. It might amuse the noble Baroness to know that we have some very quirky policies on land use within our party. Land clearly is an issue for building and development. I will rest my words there and look forward to the Minister’s response.

[The Lord Bishop of Hereford]

My Lords, I support Amendment 89 and acknowledge the remarkable contribution made by the noble Lord, Lord Bird, to tackling homelessness over many years.

That challenge is particularly acute in rural communities. We know that rural housing is less affordable. Action with Communities in Rural England reports that the average home costs nearly nine times the average local earnings, compared with around seven and a half times in urban areas. Unsurprisingly, these pressures are reflected in rising levels of homelessness. The Campaign to Protect Rural England has found that homelessness in rural areas has increased year on year, with a 73% increase since 2018.

In such circumstances, many people find themselves unable to live in the communities where they work, have family connections and contribute to local life. When people can no longer afford to live near their work, communities lose not only vital skills and services but the continuity of relationships, local knowledge and a sense of shared responsibility. The Archbishops’ Commission on Housing, Church and Community’s Coming Home report identified stability as one of the necessary building blocks of housing that supports people to flourish. At a time when homelessness is rising and affordable housing remains out of reach for many, the question, as many noble Lords have already mentioned, is not simply what more we can build but how well we are using what we already have.