Social Housing Bill [HL] Debate
Full Debate: Read Full DebateBaroness Thornhill
Main Page: Baroness Thornhill (Liberal Democrat - Life peer)Department Debates - View all Baroness Thornhill's debates with the Ministry of Housing, Communities and Local Government
(1 week, 4 days ago)
Lords Chamber
Lord Fuller (Con)
My Lords, I associate myself with the comments of the noble Lord, Lord Cameron of Dillington, on Amendment 7. It is important that rural social housing stands apart from the generality of the pool of this valuable resource.
My Amendment 24 is a repeat of an amendment I tabled in Committee. Quite simply, it seeks to ensure that, when a social home is sold, the proceeds are recycled locally within the same strategic housing market area. When I was the leader of a council for nearly 20 years, every single home lost to right to buy was replaced and more. It can be done if you are organised about it. We recycled all the proceeds of right to buy into new homes by adding extra money alongside. Social housing is not the finite resource that some people would tell you it is. One of its features is that it permits a mechanism to renew over time the stock of social homes. As one house is acquired and replaced, it modernises the pool and provides affordable homes for new families. It keeps the system up to date.
I welcome the principle set out in the Bill that the receipts received by a council can be recycled by that council in pursuance of that replacement principle, but I have concerns that the Bill will prevent receipts in one authority being applied to a neighbouring one even if they are in the same housing market assessment area. In Committee, the Minister explained that it would be very difficult to define such areas, but I disagree. We have both been council leaders. When local councils, either individually or with their neighbours, plan for new homes under a local plan, there is a statutory duty to define the housing market area on which the plan will operate.
I remember very clearly devising a plan with two of our neighbours. Collectively, we set the target for how many social homes were required and that number was judged to be sound by an independent inspector. This is not something you just pluck out of the air. Later, when our neighbours in Norwich could not spend their right-to-buy receipts fast enough, they gave the money to us and we built new homes no more than a mile from the city boundary. It benefited everybody.
With that in mind, noble Lords might ask why we need my amendment. The answer is that we had to go through the rigmarole of applying for special dispensation from Norwich to lend or give the money to us to build a house no more than a mile from its boundary. That was crazy. If we are to devolve powers to local government, as the new Government installed only today intend, my amendment would speed that up and deliver more homes, more quickly.
I have spoken about councils. I now want to talk about RSLs, which are a significant part of the mix. They sit apart from councils and there is a whole panoply of RSLs that, having started small, are now in many cases huge concerns. In Committee, I explained that a local Victory Housing association close to where I live, which was originally spun out of North Norfolk District Council some 15 years ago, is now part of a huge combine where the shots are called in Gloucester, 200 miles away. The effect of my amendment would be to ensure that, if one of the old Victory homes was sold in Norfolk under right to buy, Victory would be compelled to replace that home close by rather than in other parts of the country. We must remember the principle that organisations such as Victory, now absorbed into Flagship, received those houses in trust from their predecessor bodies—for the most part, our councils. My amendment would ensure that the proceeds were recycled within the same area from which the home was originally seeded by those predecessor bodies.
We have a Social Housing Bill that purports to maintain the supply of local social housing. My amendment would give legal weight to that. Accepting it would mean that RSLs are required to replace the right to buys close by, not in other parts of the country miles away—in other counties or regions or even on the other side of the country where houses are possibly much cheaper to build but where the need is not necessarily there. It is as simple as that. My amendment recognises that the stock is not just a national numbers game; it is more local than that. If we accept it, it will make the Government’s stated objective of delivering more social homes much easier than it otherwise would be. I invite the Minister to agree.
My Lords, in winding for these Benches on these amendments, I start by saying that I do not intend to give long speeches opposing amendments we do not agree with; I believe that is the Minister’s job. I intend to be concise when setting out where we stand on each group, partly because, as noble Lords can hear, I have a little bit of a throat.
In the view of these Benches, these amendments largely seek to turn back the clock on reforms to right to buy. At a time when thousands of families are waiting for a secure, affordable home, the answer is not to make it easier to lose social housing stock faster. That sums up our view.
We believe that Amendments 1 to 6 would dilute or remove these important reforms. On Amendment 7, I have some sympathy with the perseverance the noble Lord, Lord Cameron, has shown throughout on rural issues. I believe his intentions with regard to social housing are genuine, so I look forward to what the Minister has to say. But these amendments could weaken protections for newly built social homes by reducing the period during which they remain protected from sale, and that risks repeating one of the great mistakes of past housing policy: selling homes without replacing them. Two noble Lords have made much of how wonderful they were at replacing one for one and more, but we all know that that was not the reality and we do not want to repeat that.
On Amendments 9 to 12, of course we welcome transparency, but reports and reviews do not build houses. Our support is squarely behind the Government in increasing the supply of affordable, especially social homes, not creating additional reporting requirements. There are numerous amendments on Report that ask for more data and more reviews. I was grateful to the Minister for her letter this morning, albeit at the eleventh hour. There is a wealth of data there. It is sometimes difficult to pull it all together, but it is particularly informative.
Amendment 24, tabled by the noble Lord, Lord Fuller, is described as a probing amendment. I have some sympathy with it, but when I thought about it, I realised it would impose unnecessary restrictions on how receipts are recycled. I was left questioning how big a problem this is. How many councils have trouble spending their receipts? If they know they are running into danger with that, do they not chat to their neighbours and say, “This is going to happen. Can we spend this between us?”
Lord Fuller (Con)
I do not deny that we talk about it neighbour to neighbour, but the example I gave showed that in order to give effect to the desirable outcome I think we both seek, we had to have special dispensation. That was a waste of time, it added cost, it imposed delay and it increased risk. My amendment would sweep away all those impediments and let us get on with building the social homes we need more quickly without interference from the Government, who, if they are in their right minds, would say yes anyway.
I am not sure that it is quite as big, difficult and dramatic as that—we just did it.
We believe that the priority must be more social housing. We believe in better protections for existing stock and a housing system that works for those who need it most. We do not believe that these amendments help us to achieve that. I completely respect the views of the noble Lord, Lord Jamieson, and his team on this. I believe this is a legitimate political difference and we are just not going to agree on it, hence my short but sweet contribution. I hope to continue in that vein throughout the rest of the afternoon and evening—but not too late into the evening, I hope.
My Lords, it is probably every Minister’s worst nightmare to stand up in the House just a few minutes after the Secretary of State has announced that he is no longer part of the Government. I hope noble Lords will forgive me for thanking our Secretary of State, Steve Reed, for his service to housing, local government and communities. He has worked tirelessly in his time to ensure that our places and the people in them can achieve their full potential. I wish him well for the future. I know he will continue to serve from the Back Benches, or wherever else he ends up in government. Thank you very much, Steve.
It is a great pleasure to bring the Report stage of the Social Housing Bill before the House today. My town was built to house people from war-torn London in 1946, and my passionate belief that good homes are the foundation for people and places achieving their potential comes from that. Our Government are delivering the biggest increase in social and affordable housing in a generation. In July 2025 we set out a plan for a decade of renewal in social and affordable housing, including a reinvigoration of council house building, and we have since launched a new 10-year £39 billion social and affordable homes programme, with a focus on maximising delivery and increasing the supply of social rent homes.
The Bill supports councils to build more homes, alongside funding through the Council Housebuilding Support Fund, allowing councils to combine right to buy receipts with a social and affordable homes programme, extending preferential public works loan board borrowing and providing a 10-year rent settlement to give councils and providers greater certainty to invest in supply. Our new Prime Minister recently wrote:
“If you do not give people a good home, what chance have they got of having a good life?”,
which I agree with. His pledge this morning was not to end homelessness—although I am sure that is his ambition too—but to end rough sleeping, and I absolutely support that wish.
In Committee I stressed the narrow focus of the Bill on the three key issues that are its purpose: enabling local government to build new social housing while keeping alive the aspiration for those tenants who wish to do so to buy their home; supporting domestic abuse victims so that they are not re-victimised by the housing system; and removing some former social housing provisions that have never been enacted. I am grateful to noble Lords for discussions that have been broad and constructive, and, in order to assist your Lordships, I have provided details of two parallel pieces of work that I hope have assisted with the wider issues raised by Peers: the thoroughgoing review of statutory guidance on allocations, and the comprehensive review of stock management. I have also asked today for all sources of data on social housing to be circulated, which I understand has been done; I hope that those will be helpful.
Amendments 1, 2 and 3, tabled by the noble Baroness, Lady O’Neill of Bexley, and the noble Lord, Lord Jamieson, repeat amendments already made in Committee. As such, I have already set out the rationale for increasing the minimum eligibility period for right to buy and made it clear that Clause 1 should stand part of the Bill. I have also confirmed that we have no intention of applying this clause only to new tenancies. These amendments would undermine the chief aim of our right to buy reforms, which is to preserve existing social housing stock while ensuring that long-standing tenants continue to be able to buy their homes.
Three years hardly represents a significant period of investing in a property through rental payments. In consultation there was strong support—from 81% of respondents—for increasing the eligibility period, and indeed 10 years is the average tenancy length for someone buying under the scheme currently. Excluding existing tenancies would mean that the existing rules continued to apply to the great majority of council housing tenants, and we would continue to see homes being sold as early as three years after a tenancy was secured.
To respond to the points made by the noble Lord, Lord Jamieson, about numbers, the reduced maximum cash discount levels still offer tenants significant financial support to buy their own home. Updated modelling suggests that a long-run average of around 1,500 council tenants annually will be able to buy their homes under the new discounts. Under the previous baseline, the system was projected to deliver a loss of around 26,000 homes between 2026 and 2036. By contrast, following the reduction in maximum cash discounts in November 2024 and the implementation of the Bill, we expect to see a net gain of around 18,000 homes in the same period. Taken together, this approach ensures that the scheme remains accessible and fair and delivers better value for the public while supporting tenants into home ownership. For these reasons, we oppose those amendments.
Amendment 4 seeks to retain the existing statutory timescales for processing right to buy applications by removing Clause 4 from the Bill. The Government do not support that. We have heard from social landlords that additional time is needed to process more complex cases—for example, in relation to valuation issues or safeguarding concerns. Additional time will also help landlords to undertake appropriate checks and identify cases that may require further investigation before a sale can proceed. Importantly, these revised timescales are maximum periods, not targets. We expect landlords to continue to process applications as quickly as possible, and tenants will continue to benefit from the existing statutory protections where delays occur.
Lord Fuller (Con)
My Lords, I strongly support the shared ownership review proposed by my noble friend Lord Young of Cookham and supported by the noble Baronesses, Lady Watkins and Lady Thornhill, who have added their names.
In Committee, I drew attention to the asymmetry of powers and the imbalance in negotiating strength between the landlord and tenant in the case of shared ownership. I trod carefully when I characterised those who entered into these arrangements as financially unsophisticated, but the truth is that, in their natural desire to own at least part of their home, they have signed up to a situation with the certainty of all the costs but only the possibility of some of the uplifts if they happen. The terms of trade are stacked against them.
My noble friend Lord Young has raised several issues specific to shared ownership, which I will not repeat. Each is important in its own way. The Government feel that they are all independent of each other. The Government want to deal with them one at a time rather than all together, which is wrong. My noble friend concludes that the issues are harming, possibly irreparably, the case of shared ownership. I agree.
I am speaking in this debate because, after Committee, I was contacted by a shared ownership tenant, Lucy Hassall, who had heard what I had to say. She is sitting below the Bar of the House today. I want to use her case to prove the need for a fundamental review to reinvigorate the case for a fair and reasonable shared ownership system that works for families and helps them to build a stake in society.
Let us break down Lucy’s case to demonstrate why a fundamental review is needed. She spent a sum of money on a 99-year lease on a two-bed flat in 2005. Now, 20 years later, it is worth a little bit less—it happens. Last year, she wanted to move and inquired of her RSL about the process to sell. The landlord replied, stating that there were about 80 years left. In fact, there were under 80 years left. At that stage, they could have entered into a lease extension at no marriage value charge at all. The RSL manager, whom I will not name but who styled herself as an adviser, did not disclose that any delay could crystallise that marriage value. That was sharp practice and far from the social purpose that the National Housing Federation tells us is the golden thread that runs through all RSLs. Time apparently was not of the essence when indeed it was. Quite simply, Lucy and her husband were misadvised by their landlord, who was acting as a privateer, advancing their own pecuniary interests over the interests of their tenant.
A year later, Lucy inquired again about selling and was quoted £12,000 for the marriage value, plus £600 to confirm the cost of the leasehold extension, another £800 to cover some legal fees—her own legal fees—and another grand for the RICS to do an independent property value. This was all plus VAT—let us say £16,000 out of taxed income for a system that is available by law only to people on limited incomes. This was all in addition to the service charges and estate charges that were referred to by my noble friend Lord Young. I have received the same pleas from members of the public. This morning, a lady wrote to me saying that if only she could give away her 50% share in her shared ownership home for nothing she would be satisfied, but even at zero cost the landlord will not take it back. Why did the Hassalls’ RSL not write proactively to warn them of the marriage value jeopardy as the line approached? They did the reverse.
Now I look at the marriage value claim of £12,000. There is a helpful GOV.UK web page that helps people to assess what the marriage value might be. It is £11,000 to £12,000, but that is for 100% of the value and the Hassalls have only 50%. Had they been correctly advised 12 months ago, they would have owed nothing. This is a case of gross overcharging and further sharp practice. If shared ownership is to be the joint enterprise that it purports to be and that Parliament intended then there should be a degree of equity in the apportionment of these charges. The basic terms of these agreements are unfair. The tenant cops the lot and the landlord gets off scot free. That is not fair to people earning less than £80,000 a year, who are the only people who qualify for this. It is an abuse.
I have not tabled my social purpose amendment on Report, as I did in Committee, but perhaps I should have done. I am grateful to the Minister for writing to me about the issues in the Hassall case. I do not blame her for the disappointing reply. She just stated the law as it is. However, it proves that the law needs to change. She explained that the issue is down to the Hassalls because they have chosen to move.
Elsewhere in the Bill, the Government purport to support the victims of the social housing system. However, the Minister’s letter just perpetuates victim-blaming of those people who have purchased a shared ownership home and were suckered in on unfair terms that I will not repeat. We must have this review to correct the asymmetry of risk and reward and of market and pricing power, and to constrain the RSLs that are acting with a predatory and pecuniary advantage and obvious conflicts of interest. We must review the cost apportionment between the landlord and tenant, and ensure that there is proactive information for people who have been financially unsophisticated and suckered into these basic terms. I concede that the Minister has advised us on the selling of 99-year leases that it will be 990 years in future, but the marriage value is a further punch in the guts. That is the reality of the situation.
Lucy says that she has been left with an unsellable property and considers herself misadvised and mis-sold. I agree. A review is essential, otherwise shared ownership as a tenure is finished. That would be a shame, for it should be part of the mix. This Bill is before us. The moment to sort it out is now.
My Lords, the joys of following the noble Lords, Lord Young of Cookham and Lord Fuller; I will be less hyperbolic but sincere and completely agree with what has been said.
The Minister will not be surprised that we on these Benches strongly support these amendments. She has been very generous with her time and commitment to this issue. However, we have reached a crunch point, which is why we will support these amendments and why we were pleased that they have been brought forward. The noble Lord, Lord Young of Cookham, has outlined everything clearly. I would go so far as to say that I do not really want another review; the facts are already known. Much work has already been done and some of the things that are wrong need urgent remediation, not waiting and waiting for a review, an outcome and the rest of it, but we are where we are.
Buyback and staircasing are the two main issue. Just imagine the horror. It is Kafkaesque to be unsellable and unmortgaged. Just think about that. I am certain that this would prey on anybody’s mental health. We need urgent action. Shared ownership is supposed to provide a route into homeownership. We on these Benches believe that it is a legitimate route for those who cannot afford to buy outright, especially in areas with high housing costs. We have all been contacted by very real people in very real circumstances; you do not want to be there. There does not seem to be a way out. I found the Minister’s letter very clear and compassionate, but it felt like she too was trapped, like the many people whom we are talking about.
This happens to people through no fault of their own. They have spent years being unable to sell or remortgage because of building safety. I would be really interested to know where we were on that—especially the failure of the external wall standard and being unable to staircase to 100% ownership due to rising property values, higher mortgage costs and additional fears. Many people who are unable to move on have become accidental landlords. We had one case where someone said that it is costing them hundreds of pounds a month to be an accidental landlord. When you are on low incomes, which you must be to be in this model, that is a hell of a lot of money every month. How do you deal with that? It is not what the scheme was designed to deliver and not what we would hope for it.
My Lords, Amendment 77, in my name, is similar to Amendment 66, which we debated in Committee. It would require local authorities to review secure tenancies every five years to see whether there are other options available to the tenant which might free up social housing for others in desperate need. After inflicting the first defeat on the new Burnham Administration with my Amendment 25, I do not propose to try again.
The case for this amendment was actually made by the Minister in the letter she sent to all of us on 14 May when she introduced the Bill. She said:
“Yet too many families in need of a social rented home are languishing on local authority waiting lists”.
She was right. At the end of last year, there were more than 175,000 children living in temporary accommodation, with the figure going up for each of the last three years. Some 20% have been in temporary accommodation for more than five years. This is no way to spend one’s childhood.
Building more social rented homes is part of the answer, but that programme is behind target. Last year, just over 12,000 new social rent homes were built, but—and this goes to the heart of my amendment—there were a quarter of a million social housing re-lets. On those figures, those on the waiting list are 20 times more likely to get a social home through a re-let rather than through a new build—hence the imperative to see what might be done through generating more re-lets, at a fraction of the time and cost of new builds.
I quoted the noble Lord, Lord Bird, previously. He said of social housing that
“the bar has been raised by local authorities and now it takes only the most desperate, largely, whereas in the good old days it was a reflection of the working class, the upper working class and even the lower middle class”.—[Official Report, 1/6/26; cols. 722-23.]
Access to social housing has now become a safety net, and a safety net of limited capacity. Just look at the guidance issued by the Government on 10 July 2025:
“The government has made clear that we expect social homes to go to people who genuinely need and deserve them … priority for social housing continues to be given to those in the greatest housing need”.
Today, the “greatest housing need” probably means the statutory duty to rehouse a family in emergency accommodation—for instance, in a bed and breakfast—or a family granted asylum who are now living in a hotel. It could be a mother and children fleeing domestic violence or a family whose illegal HMO has been cancelled by the local authority and closed. There is not enough social housing even for all of them.
You get social housing today because you are in the greatest need, to quote the government circular. The question then arises about what happens if you are allocated a tenancy because you were in the greatest need and then, with the help of that tenancy and perhaps wider support, you put your life together and have the ability to move on. Should you not then make way for someone who is now in the same desperate position as you were and give them the opportunity to rebuild their life in the same way? That is the question behind my amendment. It should be seriously considered by any party that claims to look after the most vulnerable.
The point was well made in an article in the Times on Saturday, headed:
“More than 100,000 households in social housing are in richest 20%”.
It went on to say:
“Andy Burnham’s promise to embark on the biggest expansion of social housing for a generation will not solve the housing crisis unless the politically toxic question of who should be entitled to subsidised homes is tackled, experts say”.
It pointed out that 389,000 social tenancies were
“under-occupying their homes by at least two bedrooms”.
So, today, you currently get a lifelong tenancy because of your vulnerability at one point in time, and, crucially, it is never reassessed. Tackling homelessness is not just about increasing supply; it has to be about allocation if it is to be serious. My amendment encourages a dialogue between the tenant and landlord to outline the options once it is clear that a family can afford to move. They may include shared ownership, help with a deposit, or help with the cost of moving.
I do not think the Minister, in her response to my amendment in Committee, did justice to the case I made or the seriousness of the current position. She said:
“Nothing in the Bill prevents local housing authorities from granting fixed-term tenancies where they consider it to be appropriate—for example, to support time-limited resettlement schemes for Afghan and other refugee cohorts”.
But my amendment is not about fixed-term tenancies in certain limited circumstances; it is about reviewing a secure tenancy every five years to see whether it is still appropriate. Further, as proposed new subsection (3) of the amendment makes clear, the secure tenancy can be confirmed.
The Minister went on to say:
“We want to make it clear that we support lifetime tenancies because they provide stability and security for tenants and help people put down roots in their communities. It is not right to require that most new tenants be offered fixed-term tenancies, as this would reduce their security”.—[Official Report, 17/6/26; cols. 292-93.]
But that is to duck the tough decision that Housing Ministers should now take: weighing the need for security and stability for one tenant, who may well be able to replicate that security and stability with another form of tenure, against the need for a decent home for someone in a bed and breakfast, who deserves the same chance that the first tenant had a few years ago. I beg to move.
My Lords, I am very disappointed to say that we oppose Amendments 77 and 78, but those who heard my comments in Committee will not be surprised. I totally agree with the noble Lord’s concerns and analysis, but I disagree with his solution. We believe that these amendments send exactly the wrong message to people in social housing: work hard, get promoted, earn a little more and improve your family’s prospects and your rent for your home may come under review and increase, or you may be asked to leave. To us, that is not fairness; it is a penalty on aspiration. Social housing should be a foundation for opportunity, not a ceiling on ambition. Families should not have to think twice about taking on extra hours, accepting a promotion or starting a small business because they fear it could jeopardise the security of their home. Many social housing tenants are in receipt of some sort of benefit, which indicates that they would not be able to leap forward into other forms of housing.
Let us not ignore the sheer bureaucracy of these proposals. Frankly, they would be quite unworkable. Who is going to monitor the incomes, carry out the reviews, process the appeals and reassess thousands of tenancies? Housing officers are already stretched to breaking point; in the middle of a housing crisis, should they be helping people into homes or policing pay rises? It is obvious which we would prefer. Let us also be clear that the housing crisis is not caused by social tenants doing a bit better than when they went into the social home; it is caused by decades of failing to build enough homes. The answer is more social housing, not more scrutiny of the lives of the people who live in it.
We believe that a secure home should give people the confidence to get on in life. We should be building opportunity, not bureaucracy, and rewarding ambition, not regulating it. These amendments do the opposite. For that reason, we cannot support them.