Planning and Infrastructure Bill

Lord Cromwell Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baronesses, Lady Hodgson and Lady Parminter, and to offer support for Amendment 115, to which I attach my name, and for the general intention of Amendments 116 and 117. In the interests of time, I will restrict myself to Amendment 115.

I do not often take your Lordships’ House back to my Australian origins, but as this amendment has come up, I really have to. I am going back about 35 years to a place called Quirindi in north-west New South Wales. Somewhere out on the internet there is a photo of me sitting on a horse in a field, or paddock as we would say, that is dead flat and dead dry, without a blade of grass on it—that is Quirindi.

As an agricultural science student, I remember the farmer explaining how to live there. He took me out the back to the water tank, which was a very large tank that caught the water off the farmhouse roof. There was no town water in Australian farming, so that entire operation and household depended on the water that they caught off the roof. I still remember the farmer rapping on the side of the tin tank and saying, “That’s where the water is; we’re in trouble”.

Noble Lords might think, “Oh, that’s Australia—that’s far away; that’s a very distant place”. Quirindi has an annual average rainfall of 684 millimetres a year. There are parts of south-east England that have an annual rainfall of 700 millimetres a year, which is essentially the same amount. There is also the impact of the climate emergency and the fact that we are seeing more weather extremes and more drying out.

There is something Britain can learn from the Australian practices that have been enforced over history and that can be imported here for a win-win benefit. No one loses from the proposal in Amendment 115. As I think has already been mentioned, we in the UK use about 150 litres of water a day per capita. That compares with France, which uses 128; Germany, which uses 122; and Spain, which uses 120. This is expensively treated drinking water that we are using for all kinds of practices that we do not need to use drinking water for.

I am going to quote Mark Lloyd, the chief executive of the Rivers Trust:

“We also need to finally implement the use of rainwater rather than drinking water where we can, such as car washing, gardening, washing pets, filling paddling pools, and flushing the loo. Other water-stressed countries have used this approach for decades and we need to join that party.”


I really stress the “party” element. I do not think we have mentioned the issue of flooding yet. Many of us have been speaking about the need for land management to slow the flow. What could be a better way to slow the flow than to catch that water so that it is not flooding out into our drains, water treatment plants, rivers and seas and so that we can have it available for use?

Often, when we talk about water use, there is a lot of finger-waving: “People should switch the tap off when they’re brushing their teeth and people should have shorter showers”. But what we really need is a system change that makes doing the right thing the easiest, cheapest, simplest and most natural thing to do. That is exactly what this proposal is putting forward. So this is a win-win all round: for householders, cutting their bills; for preventing flooding; for protecting the environment; and for saving energy—we do not think about this much, but moving water around and treating water uses a great deal of energy. I looked up the stats, and we do not seem to have any good stats in the UK, but globally, the United Nations says that 8% of energy use goes towards treating and moving water. That is such a waste when you have water falling on your roof that you can use right there in place. Pumping it out to a reservoir, treating it and pumping it back in—all that uses energy. This is a common-sense measure; why on earth not?

[Lord Cromwell (CB)]

My Lords, I assure the noble Baroness, Lady Bennett, that many good things come from Australia, and she is one of them. The tapping on the tank she describes is exactly what I have been doing in Leicestershire in recent weeks. I have some experience of water harvesting, both from domestic roofs and from commercial buildings, and actually it is not very difficult, because roofs are all designed to channel water into pipes, and it is simply a matter of intercepting that water and using it.

I do have a couple of practical concerns. The first is that, as anybody who has done this will know, even a modest rain shower will give you an awful lot of water. As a result, any housing development or business premises is going to find itself with a very large need for water storage somewhere on that site, either underground or above ground. My second concern is how that water is recycled. I am not squeamish about drinking or using non-mains water. I raised a family on water drawn from an underground stream, not on the mains at all. But water left standing in a tank will grow bad and grow algae very quickly. If that is the solution, we need to find out how to treat it.

Furthermore, there is a real issue that I run into: the water companies and Ofwat will not even contemplate the danger of mingling water collected by a third party with mains water—in a header tank, in your pipes or anywhere else—because they are liable for the quality of that water. So, if you mingle it with rainwater, they will not allow you to draw mains water. The golden thread here is to find a system where rainwater is the norm and the mains is the back-up, but we are a long way from that at the moment and will be until the regulatory and practical storage issues are solved. To be clear, I thoroughly support this amendment—the spirit of it—but the practicalities of it need to be worked out effectively into the design of water systems supplying domestic and commercial premises.

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[Baroness Bennett of Manor Castle (GP)]

I ask the noble Earl, and indeed the noble Lord, Lord Cromwell, perhaps rhetorically, whether they are aware of the One Million Cisterns project in Brazil, which aimed to deliver what it said on the tin and indeed has done so and was expanded subsequently. This is in the semi-arid area of Brazil, home to 18 million people. Brazil, of course, has a lot less infrastructure and is much economically poorer than the UK, yet it has been able to deliver a programme that has won United Nations awards and had all sorts of impacts. I hope the noble Lords will acknowledge that since other countries have achieved this, maybe it is not an unreasonable expectation for us to achieve it too.

[Lord Cromwell (CB)]

I should just quickly say that we can learn a lot from Brazil as well as Australia. I am in favour of the amendment; I would just add that I did not realise that water butts were a declarable interest, and if they are, I had better declare that I too have some.

[Lord Sentamu (CB)]

My Lords, the greatest example of the gathering of rainwater that we can learn from is in Bermuda. They have stepped roofs made of limestone, so when the water lands on them the possibility of purifying the water is high—the sunlight also works as a purifier. The water then goes through the tunnels into cisterns under each house, and that is how they get their water. It is clean and pure, so if you want to capture more water to be used for drinking, it is not by mixing it with what comes out of the taps, but by recreating the miracle of Bermuda and its water. It is an island, there are no rivers—there is nothing. The only thing they have is rain. When it comes, everybody is very glad, and all their tanks are filled with beautiful water. If you want to capture more rainwater, why not learn from Bermuda?

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I finish with the suggestion that we should really not compete against each other when thinking about this issue on Report. We should think about an amendment that can incorporate all the elements in this group and bring them together—and, if the Government have not already seen the light, let us make sure that the Committee sends them a very strong message incorporating all these elements.

[Lord Cromwell (CB)]

My Lords, I shall be very brief, as nearly everything has been said very much more eloquently than I would have done in support of Amendment 149. I have scrapped most of what I was going to say.

I just add that we talk about the benefits of being grounded. There are few better ways of achieving that than working with the soil, the weather and the seasons on an allotment. However, that privilege can be enjoyed only if there is an area accessible to cultivate. The allotment movement in the UK is a long-standing tradition and it should not be squeezed out simply to create more spaces to put houses on in a limited area.

I would go a little further than this amendment. The allocation of area should reflect the number of houses and the expected population. Currently, allotments are included in the 10% biodiversity net gain requirement, which is completely different from allotments. There is some overlap, but it is a different requirement. I ask whichever Minister is going to cover this whether they agree that we need some sort of metric within the planning system that says: “x population; y land allocated for allotments”—otherwise we are just in the land of good intentions, and we know where they lead.

[Lord Crisp (CB)]

My Lords, I will add three completely new points from a health perspective, and one that may I think have been covered.

The first point is that we are going through a major transition in thinking about health and in the way to create health and prevent diseases. People may well be aware that the links between nature and health and activity have been known for years, going back to the Greeks—and one could quote them. The key difference today, which I think has not yet come out yet, is the quality of the evidence that we have about that impact. It is due to researchers, including my noble friend Lady Willis, that we now understand the physiological evidence about the impact—how being in nature actually affects the body, and the biological mechanism behind this. Importantly, as the noble Baroness has shown herself and as she quoted earlier, there is evidence that green space in urban areas is even more important than in rural areas. That is the first really significant point—that the quality of evidence is now there.

The second point is that the health system is starting to act on that quality of evidence. If I say that the evidence for this is now as good as for many medicines, based on the same sort of considerations and published in the same sort of journals, there is no reason why we should not be thinking, as many people are, about how we go beyond pills. I need just to state a very simple point —that last year alone 8 million people were prescribed anti-depressants. That is an astonishing number, and this is one area where one might well think that being in nature and the activities involved would have an impact.

The third area I want to point to is government policy. It is very clear, is it not, that the new NHS plan, with its transitions from hospital to community and treatment to prevention, describes that it needs to create the sort of healthy environments that this amendment and others in this group envisage. I should have said at the beginning that I have put my name to Amendment 206 in the name of the noble Baroness, Lady Willis, which I am particularly speaking to. There are some very strong health considerations here that are different from those that have been around before. There is policy, there is evidence and there is action actually starting to happen within our health systems. It seems to me that, if this Government have the ambition to leave the country in a better place than they found it—beyond simply numbers of housing units—then they need to catch this tide and make sure that there is implementation and that we are creating healthy homes and neighbourhoods.

I shall add one final point, which has already been mentioned, about the importance of allotments and of growing—the importance not just of being engaged with nature and physical activity but of being engaged in social networks and in the activity that surrounds that. These things come together to create healthy neighbourhoods and at the heart of it are the sorts of measures that have been set forward in all these amendments.

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

My Lords, I hope that noble Lords will forgive me if I just take a moment to thank my noble friend Lord Khan for all the work he did while he was a Minister in our department. I am afraid that I will not step on the toes of the great Lancashire-Yorkshire debate, but it was true to say that my noble friend’s unfailing good humour and his ability to convene and effect collaboration, even across barriers of faith and religion that are deeply historic in nature, gave him what I think bordered on a superpower, which was great. He did so much work on the faith and communities aspect of our department’s work, as well as on elections. I especially commend his work during the passage of the Holocaust Memorial Act, which was very difficult to navigate. He dealt exceptionally well with the work on that Act. I hope that he will continue to use the networks he has built and developed, because, in a time when there are forces trying to divide us—we see that every day—we need more Lord Khans to bring us all together. I pay tribute to the work he did in that respect. I will of course continue to work with him, but he is a loss to our department.

I also thank my noble friend Lord Wilson—very briefly, because I know he will hate me doing it—for stepping in at very short notice to support me with some of the work on the Bill.

I want to thank all noble Lords who have tabled amendments relating to the provision of green and blue spaces. Of course, as we drive forward—your Lordships will have heard my new Secretary of State urging us to “build, baby, build”—it is important that we maintain the aspects that have been raised in a very interesting and important discussion this afternoon.

There is a growing body of evidence illustrating the crucial role that green space plays in supporting healthy and inclusive communities, and we recognise the importance of providing these alongside new homes. I want to pay tribute to the Members of this House who have contributed to the evidence base in this regard, and particularly to the noble Baroness, Lady Willis, who was also kind enough to give me a copy of her book, and very thorough and insightful it is too. I am very grateful to all Members of this House who contribute to this evidence base. That is why existing policy and provisions already in the Bill are intended to achieve just that.

I turn first to Amendment 121, tabled by the noble Baroness, Lady Miller, who I know has a passion for protecting green spaces and ensuring that local people can use their voices to shape development in their own areas. National planning policy plays a powerful role in the planning process, as it must be taken into account both in the plan-making process and in determining individual applications.

The National Planning Policy Framework—I am sure we will talk about this lots during the Bill—requires local plans to make sufficient provision for green infrastructure and to be based on up-to-date assessments of the need for open space; it is not an optional extra or just an encouragement to do it. The designation of land as local green space also allows communities to identify and protect green areas of particular importance to them.

We will of course have national development management policies coming forward. The noble Baroness, Lady Scott, asked me whether they would vary between urban and rural sites in terms of provision and what they specify about provision; I will take that back because it is a key point. We expect in due course—that phrase that we all love so well—to have further revisions to the NPPF. Additionally, new major housing developments on land released from the green belt must be accompanied by accessible green spaces. The green infrastructure framework, published by Natural England, supports local planners, developers and communities to plan for high-quality and multifunctional green spaces.

These policy provisions provide a strong basis for securing green spaces alongside new developments. However, they also allow local planning authorities to take pragmatic approaches where necessary, which rigid legal requirements would prevent. Local planning authorities can use planning obligations and conditions to secure the long-term stewardship of green spaces, and we have heard a bit about that this afternoon. As local government funding was cut, that was a disincentive to local authorities to provide green spaces, but we continue to work with them to urge securing that through planning obligations and conditions so that it covers the long-term maintenance of these spaces as well as their initial provision. We recognise that there are too many examples of poor maintenance or of residents left facing excessive charges. We will consult this year on arrangements for maintaining communal facilities as part of ending the injustice of the fleecehold estates that we unfortunately have so many examples of around the country.

On Amendments 138, 138B and 149, I acknowledge the intent to ensure that green spaces, green and blue infrastructure, community gardens and allotments, and even ducks—I greatly appreciated that point from the noble Baroness, Lady Fookes—are all given consideration at strategic level. The National Planning Policy Framework, which new spatial development strategies are required to have regard to, sets out that development plans should aim to achieve healthy places which promote social interaction and healthy lives: for example, through the provision of green infrastructure. I think the noble Lord, Lord Teverson, mentioned social interaction around allotments. Having been a councillor for many years, I can say that sometimes that social interaction on allotments is not quite as positive as we might want it to be, but I absolutely take his point.

Furthermore, where strategic planning authorities consider such spaces to be of strategic importance to the area, they are already able to set policies which reflect this. New Section 12D(4)(c) states that a spatial development strategy can specify or describe infrastructure relating to

“promoting or improving the … social or environmental well-being of that area”,

which we expect could include community gardens, allotments and green spaces. Equally, policies in relation to allotments and community garden land could be included within the terms of new Section 12D(1), which covers policies in relation to the development and use of land.

As I mentioned at Second Reading, we need to keep the contents of spatial development strategies high-level to allow for local planning authorities to set more detailed policies and site allocations through their local plans. The way that we are shaping the planning system, as I mentioned in previous sessions on the Bill, will, I hope, allow local councillors to spend more time thinking about local plans. We believe that policies to secure open space in specific developments are better set at local level, where the needs and opportunities in each area can be considered.

I turn to Amendment 194, tabled by the noble Baroness, Lady Grender, and Amendment 206, tabled by the noble Baroness, Lady Willis. These amendments would place duties on development corporations in respect of the provision and maintenance of green and blue infrastructure. I thank the noble Baronesses for acknowledging the important role that development corporations have in the delivery of housing and other infrastructure, including those green and blue provisions. As a lifetime resident of Britain’s first new town, built under a development corporation, I know that what always surprises people about my town is how green it is. They think it will be an urban jungle; it certainly is not that. In terms of blue infrastructure, the wonderful facility we have of 120 acres of parkland, including four lakes, in the middle of the town is, without a doubt, the most popular asset our town has. I really take on board that people truly value these spaces.

Development corporations are crucial to growing the economy and delivering much-needed housing. Large-scale development and regeneration projects must go hand in hand with green and blue infrastructure. We do not want to see just houses, we want to see thriving communities, and we know just how many benefits those provisions can bring to individuals’ mental and physical well-being, social interactions and, importantly, the climate and wildlife. That is why it is crucial that development corporations take forward the provision and stewardship of green and blue space.

It is worth highlighting that development corporations are already subject to the same provisions in the National Planning Policy Framework that underpin requirements to plan for and provide open space elsewhere. Where development corporations take on local authority planning powers, their planning policies and decisions need to be informed by the National Planning Policy Framework. Although some development corporations do not take on those powers, delivery of the property projects co-ordinated by those development corporations will also ultimately be subject to the provisions in the National Planning Policy Framework.

I have already set out the role and benefits of the framework in relation to green infrastructure, but it is also worth underlining its role in relation to plan making. The framework specifies that plans should set an overall strategy for the pattern, scale and design quality of places, making sufficient provision for conservation and enhancement of the natural environment, including green infrastructure. The noble Lord, Lord Crisp, talked about evidence, and he makes a key and important point there, because fundamental to local plan production and to the future strategic plan production will be that evidence base—it really is critical. Any local councillor who has sat through a public inquiry on their local plan will know that that is inspected in great detail by the Planning Inspectorate, and the evidence base is absolutely key.

The National Planning Policy Framework must be taken into consideration when preparing the development plan. We have seen this work very well in practice. For example, in Ebbsfleet, the Ebbsfleet Development Corporation has a strong track record of providing almost 15 hectares of parks in recent years, and this year is aiming to provide around 10 hectares of new parks and open spaces. I think this kind of model is what we are looking for with development corporations. I therefore believe that up-to-date local plan coverage will ensure that green space, such as community gardens, play areas and allotments, is planned for the right level and reflects local need.

I am not entirely convinced that it would help if the freedoms that local authorities currently have to shape the green, blue and brown space in the way that best suits their communities were removed. The noble Baroness, Lady Coffey, talked about empowering communities, while the direction of travel of the amendments could be that we impose conditions on them from national government. I am not sure that that is entirely helpful. I am sure that this dialogue will continue as we go through the Bill, and I am happy to have conversations—some Members have asked for meetings and I am happy to have those conversations. I also thank the noble Lord, Lord O’Donnell, for his very practical suggestion of talking to Treasury colleagues about the Green Book supplementary guidance on well-being. I hope that the Treasury has a focus on well-being, because if it does not, we are all in trouble. I will take that back to the Treasury.

For all those reasons, I kindly ask the noble Baroness, Lady Miller, to withdraw her amendment.

[Lord Cromwell (CB)]

I accept completely the relevance of local input and that we must not tie people’s hands. But given that the supply of allotments is far less than the demand for it, does the Minister agree with me that there needs to be a slightly firmer approach —I suggested a metric, perhaps that is too aggressive, but at least some sort of norms in planning policy as to the quantity of allotment area to be given for a given amount of population? Without that, I am worried that this is going to be just like affordable housing, which is in the next group, which, as soon as planning permission is given, is haggled down to the minimum that the developer can get away with. I hope that we can be a bit firmer on this; otherwise, we are back to good intentions again.

Planning and Infrastructure Bill

Lord Cromwell Excerpts

Committee stage
Thursday 4th September 2025 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am not a planner, but I do have the joy of owning a small property in Cornwall, which is part-listed. I took a lot of advice when I wanted a new kitchen at the back of the building on whether I needed listed building consent. The answer was, “If it’s in Cornwall, yes, but if it’s in London, no”. There are many differences between areas of this country, which we have not talked about this morning but will come into the assessment of how the criteria are done.

In Cornwall, they are trying to keep the villages and towns looking good and beautiful, which is fine. However, you then hear comments from people like a friend of mine who wants to put a summer house at the far end of the garden, away from the listed house, and must get listed building consent. Everybody is moaning about that and the cost. On the other hand, if you do not have some criteria like that, you will have a mess. On Amendment 97, tabled by the noble Lord, Lord Parkinson, it is a great idea to say that these charges should be waived, but an awful lot more needs to go into it. Frankly, the amount of money needed to pay for listed building consent for the average small house is not that great. Therefore, I do not support Amendment 97. I hope that we can accept that there will be pros and cons but that the need to have listed building consent in a reasonable way overturns everything.

[Lord Cromwell (CB)]

My Lords, I support Amendment 95. Nobody likes to see fees going up, and I totally support the noble Baroness, Lady Scott, in her concern about calculation and control. I also support the noble Baroness, Lady Thornhill, in her very well-reasoned cry for support for the SME builders.

I want to put my weight behind Amendment 95, because quite often in this House I have said how much we like to make legislation and how little we then resource the enforcement of it. This Bill seems specifically to exclude money for enforcement. I cannot let it pass without asking the Minister to explain why and to lend my support to Amendment 95.

[Baroness Neville-Rolfe (Con)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Cromwell. I agree that enforcement of legislation is almost as important as legislation itself.

I support the noble Baroness, Lady Thornhill, in her quest for lower fees for SMEs, even if that means that other fees must be a trifle higher. We worked on the problems facing SME builders and the dire decline in their market share when we sat together on the Built Environment Committee. I also agree with my noble friend Lord Parkinson on that subject. It is clear from the forensic contribution of my noble friend Lord Banner that the appeal system would also be a nightmare for SMEs.

In her summing up, I very much hope that the Minister will advise on what the Government are doing to help SMEs more broadly, and whether it is enough, and for those building houses on their own—which my sister did successfully in Vermont, USA, but which is extremely rare in the UK.

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[Lord Lucas (Con)]

My Lords, it is nice to see amity break out across the Committee after the previous group. I imagine a digital twin of the House of Lords would get to Amendment 135 by 7 pm.

Digital twins offer such an ability for local councils and their officers and members, and members of the public, to really get to grips with a plan. Otherwise, you are presented with something static that is really hard to change. It is just, “Shall we push it through or shall we retreat?” With a digital twin you can adjust, look at different ways of doing it and absorb comments as they come through, at a really low cost, and arrive at a much more evolved, much better, solution at the end of it.

I urge the Government, given that digital twins are part of the industrial strategy, to use this as an example to develop the Government’s role as a partner/customer, as a way of helping new small businesses and technologies cut their teeth and get a worthwhile first contract or two out of the way, and not to stand back but be part of the development of a strong new British industry. There is an opportunity here to do that, particularly with the Government’s new town programme. I really hope they take it.

[Lord Cromwell (CB)]

My Lords, I endorse completely the speeches by the noble Baroness, Lady Miller, and her supporters. She introduced it engagingly and comprehensively. I have therefore scribbled out most of what I was going to say. She has done the Committee a double service in that respect.

A common difficulty for those citizens who wish to examine or question a development proposal is the scarcity of information, expertise and resources they have, often when up against a large professional development company. Planning authorities have the same problem, and the risk of very expensive and protracted discussions and inquiries to get to grips with the proposed project. Some applications that I have seen seem almost designed to overcome planning authorities and public resistance through the sheer volume and number of boxes of paper that arrive, within which people have to try to find where the bodies are buried.

If such projects were obliged to produce a digital twin model, as the amendment proposes, not only would we have a more equitable process but it would also save a great deal of time, resources and money. I could say a great deal more, but I will not because we all dread the phrase, “My Lords, a lot of good points have been made” and I shall not repeat it. I genuinely shall not. I support these amendments, and I will now sit down.

[Lord Teverson (LD)]

My Lords, from these Benches I support this amendment and thank other Lords for their support. One thing the noble Viscount, Lord Hanworth, said is that if we had had a digital twin model earlier, the bat tunnel we talked about would probably never have been necessary in HS2.

Clearly, there are issues around this on data privacy, keeping information up to date, legacy systems and so forth. But one of the positives is that once you have a model, you do not just discard it once the project has finished; you continue using it into the future and update it. It allows you all the benefits into the future.

We on these Benches are very interested to hear where the Government are in the development of this area, which I certainly hope is an area where the UK, with its IT prowess, will move ahead of our competitors and use it for the kinds of not very successful infrastructure projects that we have had in recent years.

Planning and Infrastructure Bill

Lord Cromwell Excerpts

Committee stage
Monday 1st September 2025 Lords Chamber

[Lord Teverson (LD)]

My Lords, like many Members in the Committee, when I read the list in my noble friend’s Amendment 77 I was absolutely incredulous that we are in the position where planning permissions still have to be given for that scale of change to our electricity distribution system. It is incredible. I hope that whichever Minister is answering on this group will be able to give us concrete guarantees that action will be taken in this area, whether through accepting this amendment or through secondary legislation. We need to get on with this and with the Government’s own programme.

I very much welcome the boldness of the amendment of the noble Lord, Lord Lucas, which is perhaps unusual coming from those Benches, and the tenor of the amendment of the noble Baroness, Lady Coffey. One thing that strikes me, and she mentioned it, is that a lot of reservoirs, certainly in my part of the world, the south-west, are used as recreational facilities, and obviously we would not want to squeeze that out. The other thing that occurs to me, particularly this year, is that floating solar on reservoirs is very likely to become non-floating fixed solar panels, given the rate of rainfall that we have been having, or not having, over some of these summers.

I will be interested to hear the Minister’s response to these very positive suggestions for how we can move renewable energy forward in this country.

[Lord Cromwell (CB)]

My Lords, with the solar energy that is reaching me at the moment, it is actually quite hard to see whether there is anybody out there, but I will take it for granted that there is and that they are all listening with rapt attention.

I apologise that I was unable to participate in earlier debates on the Bill, but I have been following it closely. I should declare that my family farm has some of what the noble Baroness, Lady Coffey, referred to as “hideous”—or was it “horrendous”?—pylons and poles coming across it. My grandfather actually welcomed these as signs of the inevitable march of progress, but, even then, and certainly now, not everybody is quite as enthusiastic as he was.

While I see and support the logic of Amendment 77, it makes no provision overtly for wayleaves or compensation for those whose homes and businesses are affected by any additional poles et cetera. I hope that any amendment along these lines would accommodate such arrangements, as is the case with current power lines. Will the Minister, or perhaps the noble Earl himself, confirm that that is the intention?

[Baroness Neville-Rolfe (Con)]

My Lords, to pick up the point of the noble Lord, I remember my uncle getting pylons next to his house and how the compensation saved the day for his small business.

My own view is that it is good to have permitted development rights for minor changes, particularly if energy providers are calling for them. It makes sense to use this Bill to allow permitted development. My noble friend Lord Lucas said that it was hugely important, and I think it is hugely important to speed things up. As we have already heard, it is a surprise that some of these things require planning permission, and there is a lot of potluck as to whether you can get planning permission quickly in any particular area.

I just believe that we need to get things moving so I am not sure why the changes need to be in a regulation, as proposed in Amendment 77 from the noble Earl, Lord Russell. Can the Government not work out what can be easily excluded from planning control and put it in the Bill? That is how we used to do things in the Bills I remember presiding over in the 20th century when I was a civil servant. Is there anything that we can do to get rid of these things, rather than wait for further regulations and consultations, if it is straightforward?

I agree with my noble friend Lady Coffey that we should be careful not to allow multiple wind turbines through a back door. Clearly, the detail of this needs to be looked at; it has to be genuinely smallish things. I am less sure about permitted development rights for floating solar simply because I know so little about it; if we were to proceed with that, it should be in regulations. I am always asking the Minister how we can speed this process up. Permitted development rights here, and perhaps elsewhere in the Bill, can play a part.

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[Earl Russell (LD)]

My Lords, the amendments in group three are all on electricity distribution and cabling. I apologise that there is quite a lot of crossover between my amendment in this group and those in the other group; in retrospect, it might have been better to have kept them together. A lot of the overarching general points that I made in the last group apply to this group. I am introducing a series of practical measures that I would like the Government to take forward to help them achieve their stated aim, which I share, of getting to clean power.

My Amendment 78 is about land access rights. It would require the Secretary of State to consult on giving electricity distribution network operators powers in relation to the acquisition of and access to land. Land access rights need to extend to renewable energy operators as well, and that is my mistake; the drafting of my amendment was not as clear as it should have been. If the Minister, in responding to my speech, could also include the issue of renewable energy operators’ ability to access land in building renewable energy facilities, that would be greatly appreciated.

This is about using the opportunities the Bill provides. This measure, which the district network operators and industry bodies are calling for, is not in the Bill, which is why I have brought it forward. These are small, practical steps—like the British Cycling example I gave earlier—which, if implemented, would help to get done the things we all agree on.

If we do not address these issues, we will have delays, increased costs and issues in getting towards clean power. At present, electricity licence holders have fewer statutory rights when it comes to acquiring and accessing land compared with other utilities such as gas, water and telecommunications. I am not aware that the Government have done any consultation on this, but if the Minister could let me know when he responds whether consultations are ongoing, that would be greatly appreciated. We are looking to resolve the lack of parity, remove the unnecessary bureaucracy and make sure that we can get this stuff done.

The amendment would ensure that electricity distribution network operators are given carefully defined powers to acquire rights over land for overhead lines and cables, to purchase land for new substations, to enter land for the maintenance of existing equipment and to carry out vegetation management critical to the safety and reliability of the system. These powers will not be unlimited; they will be subject to both proper consultation and fair compensation for the landowners concerned, but they will mean that we can proceed with essential infrastructure works in a timely, straightforward and cost-effective way, in line with other utilities.

I welcome the fact that the Department for Energy Security and Net Zero has launched a consultation on land rights, published last month. However, it falls short of what is required to make clean power 2030 a reality. It does not extend to renewable electricity generators themselves, despite their central role in the energy transition. Without legislative reform in this Bill, we risk kicking the issue down the road.

As I said, the amendment enjoys the backing of the sector, which has been lobbying Members of this House—and, no doubt, the Government, including the Minister—on it. It has long been called for by the Energy Networks Association. These are the people operating on the front line, investing in green power and taking the risks. They are the people with the contracts to deliver this stuff for the Government, so it is important that the Government do what they reasonably can to help these companies succeed, so that we can share that joint ambition and achieve things together.

To conclude, my intention is to help the Government; I share their intention to hit our clean power targets. I want to work with the Minister; I am happy to look at amending my amendment and to speak to him between now and Report. The intention is for further consultation with the industry to look at these things and try to find some practical solutions to these relatively easily surmountable issues. I hope that is possible. I will circle back to the other amendments in this group after they have been introduced. I beg to move.

[Lord Cromwell (CB)]

My Lords, I would like to ask for a point of clarity from the noble Earl, of which I gave him due warning earlier today. As neither he nor the Minister picked up my question in the debate on Amendment 77, I hope that I will be luckier in this debate on Amendment 78.

Subsection (1)(a) of the proposed new clause in Amendment 78 refers to

“the acquisition of rights over land”

by network operators. Will the noble Earl confirm that he does not have in mind compulsory purchase powers? We will hear a lot about them later in the Bill—in fact, they probably should have had a Bill on their own, but we are where we are. Will he just confirm that? Giving operators compulsory purchase powers, in effect, has been a disaster in the radio mast arena. I would not want to see it happen again here.

[Earl Russell (LD)]

That is not my intention. I apologise for not being able to respond to the noble Lord’s email this morning. It is not my intention to give compulsory purchase powers. This is wayleaves, not compulsory purchase.

--- Later in debate ---

[Lord Fuller (Con)]

My Lords, I support Amendment 79A in the name of my noble friend Lord Swire about the presumption in favour of burying cables as the default method. He spoke of insanity, but I did not think I was going mad—I believed and agreed with every word he said. Not only is burying cables less visually intrusive but, storms notwithstanding, as we have seen in the Ukrainian conflict, surface infrastructure is more vulnerable to malign and military disruption. I have not seen any calculation anywhere that takes that national security angle into account. That is an omission that should be corrected, and would be if my noble friend’s amendment is accepted.

I do not stand entirely shoulder to shoulder with those who accept the construction of pylons in any circumstance but I am not the Luddite who is in denial about the difficulties of strengthening and hardening the grid. We all need to be realistic about what it takes for the lights to come on when you flick that switch, with fluctuating renewables on the one hand and new demands from electrical vehicles on the other. But that should not give National Grid a right to be judge and jury in its own court and carte blanche to ride roughshod.

My interest in the amendment has been piqued because I have experienced at first hand the process undertaken by National Grid when it seeks to promote a new pylon power line, in this case from Norwich to Tilbury to transport electricity from the wind farms off the Norfolk coast down to the smoke. At that time, I was leader of the South Norfolk Council, an area to be bisected across its entire height by new HV power lines. What I experienced was institutional arrogance from National Grid and its agents. It thought that a single consultation event, offered at short notice on an afternoon in a remote village hall for an area of 400 square miles, was sufficient. It had a boneheaded refusal to accept that burying was even an option—even just in part across the picturesque Waveney Valley or the Roydon Fen county wildlife reserve.

National Grid exhibited a steadfast refusal to demonstrate or explain why the option of providing a future-proof offshore ring main, connecting the existing infrastructure that used to serve the redundant Bradwell nuclear power station, was even a possibility. The suggestion that offshore was impractical was wholly disproven by the offshore link that is currently proposed from Sizewell to the Richborough marshes—I am stood next to the noble Lord, Lord Mackinlay of Richborough, and I expect him to intervene in a moment to say how wonderful that part of the world is and how it should not be despoiled.

National Grid had unevidenced assertions relating to the unaffordability of burying lines, as opposed to having them overhead, without either explaining or quantifying the quantum of those extra costs for the whole line or just per kilometre. There was a failure to consider parallel running to the existing pylon line to minimize visual impact, with the result that the wonderful and historic market town of Diss is now proposed to be fenced in on all four sides by huge steel pylons to an unacceptable degree. This lack of understanding, further, that the mooted community compensation schemes for overhead lines, but not for buried cables, might undermine the business case for pylons now turns out to be the case because it stands as part of Clause 26 of the Bill. There were other questions to answer, which I will not detain the Committee with.

Now, of course, there may have been good reasons why National Grid might be right on all the points I mentioned, though I struggle to see how, but with friends like these, who needs enemies? National Grid has gone out of its way to pick fights rather than bringing people together. As a council leader, I met officials from National Grid and put the points privately, to try to have a neutral forum where it could make an improved case for the proposals and build consensus. That olive branch was spurned, so it is little wonder that there is now widespread resistance to new pylon routes. Opposition has been carelessly and recklessly whipped up by a ham-fisted approach from the people who need all the friends they can get.

I like this amendment in the name of my noble friend Lord Swire because it would set the default expectation that new lines will be buried. Of course, that does not mean that they must be buried, but for the operator to go above ground as the preferred option, he will need to make the evidential case and have it scrutinised, and to build friendships and not enemies. That is a much better approach and balance of power, literally, between the parties than the regrettable and aggravating behaviours that we have seen thus far, where the lazy overhead option is chosen and everybody else be damned.

[Lord Cromwell (CB)]

I just underline that the missing ingredient in this debate is actual numbers on the costs. There is a lot of theoretical toing and froing this afternoon but what we really need in this discussion is a hard number cost for, say, 100 metres of buried cable as opposed to, say, the cost of a pylon. I asked a Written Question about a pylon some months ago and got a wonderfully “Yes Minister” Answer: “Of course, all pylons are different and some pylons are more equal than others, but it is all very difficult so I can’t give you an answer”.

I hope that we can do a bit better than that. It would be great to know the cost of, say, 100 metres or 500 metres—whatever is the right metric—of buried cable and pylon with the equivalent cable. Until that answer is before us—I suspect that it will be a lot more expensive—we are not going to lay this debate to rest. I think that everybody, on all sides of this Committee, would like to see the cables buried. The question is at what cost and whether that cost is worth it. Until we have that number, we are just talking theory.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, Amendment 78 from the noble Earl, Lord Russell, and Amendment 79A from my noble friend Lord Swire deal with the critical issue of grid capacity and connectivity, which sits at the heart of the Government’s ambitions to decarbonise the UK’s energy system and deliver the infrastructure necessary to meet their ideological clean power 2030 target.

Amendment 78 would place a duty on the Secretary of State to consult on and implement measures to give electricity distribution operators new powers. The distribution and transmission of electricity is intrinsic to the production and utilisation of clean energy. Without access to the grid, energy infrastructure remains little more than an expensive stranded asset.

The case for action is clear. As we know, the great grid upgrade is a vital part of our pathway to net zero, yet, at present, new energy developments such as wind farms and solar parks are experiencing unacceptable delays when it comes to grid connection. Some projects face waiting times of up to 10 years—delays that threaten both investor confidence and the credibility of our decarbonisation goals. That is why the previous Conservative Government took decisive steps in commissioning the Windsor review, which examined the obstacles to timely grid connectivity. We are of course proud to say that all 43 recommendations of the Windsor review were accepted by the Government—a clear signal of our commitment to reforming the system and bringing forward vital improvements.

Yet we must recognise the scale of the challenge. Even with those reforms under way, projects without current grid connectivity may not come online until the mid-2030s. That is simply not compatible with the Government’s aim of a decarbonised grid by 2030. It is essential that the development of the national grid moves in lockstep with the pace of renewable energy production and infrastructure delivery.

Therefore, Amendments 78 and 79A raise serious and timely issues. We must ensure that our grid strategy is not only fit for today but future-proofed for the decades to come. The principles of transparency—clear delivery timelines and strategy—and strategic planning for capacity must be at the core of that effort. That said, I note that Amendment 78 would require the Secretary of State to consult on and implement measures to establish these new powers. There is perhaps a case to make for Parliament to have a say before the Secretary of State takes steps to implement powers that have come up as part of the consultation. I would be interested to hear whether the noble Earl, Lord Russell, might be open to strengthening parliamentary oversight here.

Amendment 79A from my noble friend Lord Swire is a good and thoughtful probing amendment. I recognise his continual efforts in drawing this issue to this House’s attention. It seeks to explore how the planning system might better encourage the use of buried cabling as an alternative to overhead powerlines. This is an important point, particularly for rural communities where overhead transmission infrastructure can have a significant visual, environmental and social impact. Although undergrounding is not without cost or technical complexity, the long-term benefits in certain locations can outweigh those challenges. My noble friend is right to raise this. I hope that the Government will consider whether there are planning reforms that could help to support a more strategic and locally sensitive approach to powerline deployment.

The Minister may not be aware of the very active groups in Wales resisting the march of pylons through the Teifi and Tywi valleys. These groups are uniting the opposition parties against the Senedd Labour Government. The one I know particularly well is the Llandeilo Community Group Against Pylons.

Renters’ Rights Bill

Lord Cromwell Excerpts

Tuesday 15th July 2025 Lords Chamber

[Baroness Kennedy of Cradley (Lab)]

My Lords, I will speak to Amendment 104 in my name in this group and, in doing so, I declare my interest as a trustee of the Nationwide Foundation. First, I thank my noble friend Lady Taylor of Stevenage for the excellent meeting we had, together with the noble Lord, Lord Cromwell, and renter groups Safer Renting, ACORN and the Renters’ Reform Coalition. I also thank my noble friend for the subsequent letter she sent, responding to the points raised at the meeting and for the additional conversations that I understand have taken place between Safer Renting and her officials.

Amendment 104 seeks to change the standard of proof required for rent repayment orders, based on offences under the Protection from Eviction Act. Currently, tenants must prove their case to a criminal standard, beyond reasonable doubt, even though these are civil proceedings in a civil tribunal. This change would make rent repayment orders a realistic option for renters who are victims of illegal eviction and harassment—serious offences that cause immense harm. As we know, most illegal evictions and harassment occur behind closed doors, without witnesses, and I appreciate that my noble friend Lady Taylor of Stevenage recognises that these offences are harder to prove than other rent repayment order offences. The available evidence rarely meets the criminal standard, but may clearly satisfy the civil standard of balance of probabilities.

Civil claims for illegal eviction and harassment already use the civil standard and can carry far higher penalties. The definition of the civil wrongs of illegal eviction and harassment in the Housing Act 1988 uses the same definition as in the Protection from Eviction Act. For all intents and purposes, there is no distinction between the conduct targeted by both laws. Aligning the standard in rent repayment cases would bring consistency, fairness and a real access to redress.

The problem is clear. Research shows that at least 16,000 illegal evictions occurred in 2021-22, yet there were only 31 successful rent repayment orders made for those offences. This shows that the current system deters valid claims and does not provide a realistic route to redress for renters. It is vital that tenants can enforce their rights against criminal landlords. Yes, it is a small minority of landlords, but they are criminal landlords whose impact on renters’ lives, health and well-being is immense. As we heard in Committee, because the rent repayment mechanism is ineffective, these criminals gamble on breaking the law, knowing how hard it is for tenants to prove their case. Amendment 104 would make justice more attainable for renters and allow them to take a leading role in holding landlords to account.

I note from my noble friend Lady Taylor of Stevenage’s letter on this issue—copied to me and the noble Lord, Lord Cromwell—that the Government are minded not to change their view on the standard of proof at this point. Of course, this is disappointing. However, I very much appreciate my noble friend’s acknowledgement that rent repayment orders are not currently working as well as they should for illegal eviction and harassment offences. As well as my noble friend’s commitment to monitor the impact of changes to rent repayment orders, this is very welcome. Collecting the right data will be required to assess whether rent repayment orders are working as intended in cases of illegal eviction and harassment after this Bill becomes law.

Moreover, I very much welcome my noble friend’s commitment to continue to work with noble Lords and stakeholders to assess whether rent repayment orders are working for illegal eviction and harassment offences, with a view for potential changes down the line. I ask my noble friend: can we now start gathering the evidence needed to assess the scale and impact of the problem? In addition to the report as set out by the noble Lords, Lord Cromwell and Lord Best—I very much support Amendment 113—will my noble friend Lady Taylor of Stevenage consider publishing PRS enforcement data, provided by local authorities, to include a record of the number of reports of suspected illegal eviction or harassment received by the authority, so we can get a better understanding of the scale of the problem? Will she consider mandating local authorities to provide the department with PRS enforcement data, instead of data reporting being voluntary, so again we can get a more complete dataset? Will she work with the Ministry of Justice to collect and publish regular data on rent repayment orders to facilitate monitoring of the system in respect of the volume and success of applications alleging illegal eviction and harassment?

Finally, as well as the issues renters face accessing redress through rent repayment orders, since 2012 there has been an 80% reduction in legal aid applications for bringing cases of illegal eviction and harassment in the civil courts. Therefore, if at all possible, could my noble friend Lady Taylor of Stevenage assist me, Safer Renting and other noble Lords in getting a meeting with a Minister or an official at the MoJ to discuss the availability of legal aid for civil cases involving illegal eviction and harassment?

[Lord Cromwell (CB)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Kennedy. I have also enjoyed my encounters with the Minister, with her, to discuss these issues. I rise to speak to Amendment 110 in my name. I am very grateful for the support of the noble Lords, Lord Hogan-Howe and Lord Best, who have added their names. Between them, they bring unsurpassed knowledge of both policing and housing matters, which are both very relevant to this amendment. I am also grateful to the organisations Safer Renting and ACORN for their assistance in highlighting the need for this amendment, and of course to the Bill Office for its clear and effective drafting.

This amendment is distinct from others in this group, as it does not deal with standards of proof. Rather, as I outlined at Second Reading and in Committee, it addresses the difficulties faced by those at the bottom end of the rental market and most at risk from abusive landlords. It is these people, the economically and socially vulnerable, who are the most likely to face illegal and sometimes forcible evictions. They are often also the least equipped to resist such behaviours.

A core problem that emerged in discussions with tenant organisations at the sharp end is insufficient clarity of understanding about what the Protection from Eviction Act 1977 requires of the police. There is a widespread and incorrect belief among police officers that illegal evictions are civil matters. This has resulted in a tiny number of prosecutions for illegal evictions. Indeed, statistics show that the police have not acted in 91% of cases.

I do not want to stretch the House’s patience with detailed case studies, but three quick examples will give colour to the types of incidents we are concerned about. A tenant returned to their flat to find that the landlord had changed the locks. When the police were contacted, they threatened to arrest the tenant for obstruction of the landlord and assisted in the removal of the tenant’s belongings. In other cases, landlords used tactics such as intimidation and turning off the water supply, as well as threatening and actually using force. When tenants called the police, they were told that it was a civil matter and to call back when an actual crime was being committed. In other cases, tenants went to the police station, but were turned away repeatedly on the basis that such evictions are a civil matter.

In Committee, I put down an amendment to clear up this misunderstanding of the law and improve co-ordination between the police and local authorities. It did not gain government support, which I find very disappointing, not least given the Bill’s avowed focus on those most in need of help. The Government’s response did address the co-ordination point, citing extra work for the authorities and police, and the instance of Liverpool, where the Minister has personal experience of such co-ordination working well.

Tenant bodies involved in the issues reflected in my amendment met with the Minister, and afterwards I received a copy of a letter from the Minister to them. I am, of course, very grateful for the Minister’s considerable engagement, but that letter does not address the role of the police in preventing or stopping illegal evictions before or as they happen. Where it does refer to the substance of today’s amendment, it says that the abolition of Section 21 will

“strengthen the tenants’ ability to argue that they were unlawfully forced out of their homes”.

With the greatest respect, that is very wide of the issue. It is a point for legal argument that may come up if the evicted tenant ever manages, or indeed dares, or can afford, to bring a legal claim against the landlord who put them out on the street. I remind noble Lords that we are dealing here with landlords who care little for the niceties of the law—people whom the Minister’s letter refers to as a

“small minority of unscrupulous landlords”.

But we have repeatedly been told that the purpose of the Bill is exactly to tackle these unscrupulous landlords.

This amendment has dropped reference to local authorities and focuses fully on the core legal issue. It requires a report to establish the level of understanding among tenants, landlords and the police of the criminal nature of illegal evictions and clarification of the correct legal situation, and the incorporation of that legal position and how it should be dealt with in the training of the police.

This is a modest amendment, but it is critical for those facing or experiencing illegal evictions or who feel powerless in the face of the violent actions of their landlords and find that the police seem to be against them when they should be protecting them. Not least, it is critical for police officers themselves, who are trying to follow and apply the law and do the right thing.

In Committee, I asked the Government to bring forward their own amendment to address this issue. They have chosen not to do so, instead writing to say that they are

“working towards updating the department’s guidance”.

That is simply not sufficient when we have one of the few opportunities in the Bill to address a real and terrible day-to-day experience of vulnerable renters. On this modest amendment, I believe we should stand firm. Its requirements are clear, deliverable and highly impactful on those most in need of our help through the Bill. I will, of course, listen to what the Minister says in response, but I anticipate seeking the view of the House on this amendment.

[The Earl of Kinnoull (CB)]

My Lords, I will speak to Amendments 87, 88 and 103, which I have signed. I add my thanks to the Minister, who has engaged with me on these amendments, among others in the Bill. She has always been courteous and has had good points of view.

These amendments were originally drafted by the late noble and learned Lord, Lord Etherton. To double-shot Lord Etherton’s efforts in this area, I signed them in Committee. The amendments have been taken over and very ably introduced by the noble and learned Lord, Lord Keen of Elie.

Lord Etherton viewed this selection of amendments as being his effort to try to manage a quasi-judicial process. He was looking at it, of course, with a very practised eye, having been the Master of the Rolls. He was fully knowledgeable on the various large civil penalties that are in the Housing and Planning Act 2016, for which the Ministry of Housing, Communities and Local Government issued a 20-page memorandum to help local authorities through this particular maze of quasi-judicial process.

The problem, as Lord Etherton saw it, was that this was not a level playing field for local authorities. The best local authorities would have plenty of highly trained resources to look into a quasi-judicial matter with great fairness, and promptly—promptness being important for both sides of any argument. However, the local authorities whose resources were most stretched or at the bottom end of the quality scale would produce problems. Lord Etherton felt that it was important to set the law in this area so that it would be not for the best or the average local authority but at a reasonably modest rate, so that every local authority could execute, with fairness, whatever quasi-judicial issues they were dealing with. Therefore, with Amendments 87 and 88, he was keen that the standard of proof should move from the balance of probabilities to beyond reasonable doubt. He felt that was more in keeping with how the Housing and Planning Act 2016 had turned out.

Moving on to Amendment 103, Lord Etherton noted that there were some large penalties in that Act, the highest penalty being £30,000. The £40,000 penalties we see in this Bill are, I suppose, simply £30,000 grossed up for inflation. He was not worried necessarily about £40,000 as an amount—it was consistent with the £30,000, as he saw it—but he was worried that, under the Housing and Planning Act 2016, the £30,000 penalties were available only where the mental element was intention and not for offences where the mental element was recklessness.

Of course, there is a great difficulty in the law for deciding what the difference is between negligence, recklessness and intention. It is very much something on which, in the judicial process, a great deal of training is given to try to allow courts and judges to be utterly consistent up and down the land so that one has clarity for negligence, recklessness and intention. Lord Etherton’s feeling was that recklessness is very difficult. The 20-page memo for the Housing and Planning Act 2016 will be considerably longer if one is going to try to educate local authorities on what “recklessness” truly means. So he was very keen to remove recklessness from Clause 93. I would be very grateful if I could hear where the Minister feels Lord Etherton was wrong in his analysis on that point.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble and learned Lord, Lord Keen of Elie, the noble Lord, Lord Cromwell, and the noble Baroness, Lady Scott of Bybrook, for their amendments. Amendments 89, 92 and 101 would reduce the maximum civil penalties for offences in relation to illegal evictions—

[Lord Cromwell (CB)]

I thank the Minister for thanking me, but I have not spoken to this amendment.

[Baroness Taylor of Stevenage (Lab)]

I think somebody must have assumed that the noble Lord, Lord Cromwell, was going to speak. I apologise for that.

For these reforms to be effective, they must be enforced robustly and fairly. Our approach to civil penalties is fundamental to this. Landlords who commit first-time and minor non-compliance will be subject to civil penalties of up to £7,000. However, for serious and repeat non-compliance, landlords will be subject to civil penalties of up to £40,000. The principle that local authorities can impose civil penalties for housing offences is well established. Since they were introduced in 2017, civil penalties have proved an effective enforcement tool. I agree with the noble Baroness, Lady Thornhill. I do not think we have any need to question the professionalism of local authorities in dealing with these matters. They are more than well versed in exercising legal duties and have legal professionals to support them.

It is important to emphasise that £40,000 will be the maximum, not the norm. Local authorities will need to have a clear rationale for why they have set a civil penalty at a certain level and apply aggravating and mitigating factors. Penalties of up to £40,000 will be available only in respect of landlords who have committed serious or repeat non-compliance. Initial failure to sign up to the database, for example, will carry a penalty of only up to £7,000. However, local authorities will be able to impose a penalty of up to £40,000 if the landlord continues or repeats this conduct after being given an initial, lower penalty.

When considering whether to issue a civil penalty, local authorities are required to issue a notice of intent—a bit like the notice about parking that the noble Baroness, Lady Thornhill, mentioned—allowing time for landlords to make representations. The local authority will need to be satisfied beyond reasonable doubt that the landlord has committed an offence. If the landlord disagrees with the imposition or amount of the penalty, they will be able to appeal to the First- tier Tribunal. This approach to civil penalties ensures efficiency for local authorities, protection for tenants, and fairness for landlords. As noted in Committee, we will also publish new guidance to help local authorities pursue civil penalties with greater consistency and effectiveness.

Amendments 98 and 99 are in the name of the noble Baroness, Lady Scott. She spoke about the scale of fines. We have increased the maximum civil penalties to take account of inflation since the £30,000 and £5,000 maximums were introduced for the similar housing offences that I referred to earlier. We want to ensure that the deterrent value of civil penalties is maintained. As I have stressed before, they are maximum penalty amounts. Local authorities will need to take into account a number of factors, such as the culpability of the landlord and the harm caused to tenants in determining the appropriate level of the civil penalty.

On the point about the single landlord in the depths of the Welsh countryside, and to the point made by the noble Lord, Lord Carrington, housing is devolved in Wales, so it is a different matter altogether in Wales.

Amendments 98 and 99 would require there to be persistent breaches of certain provisions in Clause 83 or persistent offences committed under Clause 93 before the local authority could fine an individual. I appreciate that the noble Baroness is acting in good faith by laying these amendments, but they would have significant negative consequences for the effectiveness of the database. Under these amendments, individuals could avoid penalties for failing to register or knowingly or recklessly providing false information to the database operator, to name two of the relevant provisions, unless they did so persistently over a protracted period. For the database to be useful to users, it is important that as many landlords as possible register with the service. Indeed, as the noble Baroness commented in Committee:

“It is essential that the accuracy, completeness and timeliness of the data be maintained if it is to be a useful resource for both tenants and for landlords”.—[Official Report, 14/5/25; col. 2219.]


I would add local authorities.

I fear that these amendments could discourage registration and reduce the quality of the data recorded by watering down the threshold at which financial penalties will be imposed. Furthermore, it would be unfair to those good landlords—the vast majority—who comply with the legislative requirements from the outset. It may create an environment where negligent landlords could escape sanction for significant periods of time, and disadvantage the compliant landlords the Bill intends to support.

I recognise that the noble Baroness is trying to protect landlords from being unduly punished. Therefore, I hope she is reassured that the level of fines is the maximum level rather than the standard. Local authorities must also be satisfied beyond reasonable doubt that a requirement under Clause 83 has been breached or an offence under Clause 93 has been committed before they can impose a fine. Moreover, new guidance will be published in due course to help local authorities with consistency and effectiveness.

--- Later in debate ---

Moved by

[Lord Cromwell]

110: After Clause 113, insert the following new Clause—
“Offences under the Protection from Eviction Act 1977: report(1) The Secretary of State must publish a report about the application of the Protection from Eviction Act 1977, including—(a) an assessment of the level of understanding among tenants, landlords, and the police about the criminal nature of offences under the Protection from Eviction Act 1977,(b) a plan to increase awareness about the nature of offences under the Protection from Eviction Act 1977 among groups in paragraph (a),(c) a clarificatory statement about the nature of offences under the Protection from Eviction Act 1977 which tenants, landlords and the police can use as a reference, (d) the reasonable steps which the police should take to prevent such offences being committed, and(e) the training and relevant reference materials which must be made available to all police officers to support the discharge of their duties under this section and the Protection from Eviction Act 1977.(2) The report under subsection (1) must be published within six months of the day on which this Act is passed and must be laid before Parliament.”

[Lord Cromwell (CB)]

My Lords, I thank all those who spoke in support of this amendment. The noble Lord, Lord Hogan-Howe, was very candid in his acknowledgement—he is on his way here, I believe—of the issue with the police’s application of the 1997 Act. The noble Lord, Lord Best, underlined the need for clarification and the achievable nature of this amendment. I particularly thank the noble Baroness, Lady Thornhill, for her kind support for the amendment and what she rather charmingly called the “formidable trio” who were putting it forward.

Finally, I thank the Minister for her comments, which I listened to with care. I have to say that her assurance that, if I may quote, she or her department is “actively working” to “explore” with a number of various bodies what to do is, I am afraid, not good enough. It is clear what needs to be and what should be done within the next six months, which would solve the core issue here: the correct understanding and application of the 1997 Act to do right by vulnerable tenants, target rogue landlords and support the police in the correct performance of their duties. For that reason, I would like to test the opinion of the House.

Renters’ Rights Bill

Lord Cromwell Excerpts

Tuesday 1st July 2025 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I have added my name to the amendment of the noble Lord, Lord Best. I will add a brief footnote to what he has just said. As we heard in the last debate, there has been considerable concern about the capacity of the courts to handle the volume of appeals that will go to the tribunals when the Bill becomes an Act. The backlog has been going up: in the first quarter of 2025, the average time between a landlord submitting a claim and getting possession was over seven months—32.5 weeks, up from 29.8 weeks a year ago.

The Minister uses a different figure—eight weeks—but that covers only getting a possession order, not actually getting the property back. In an earlier debate, the Minister implied that it was actually quite difficult for a tenant to challenge an increase in rent. I respectfully disagree with that. There is a whole range of organisations that will give tenants advice on how to challenge an increase from the landlord.

This Government have made it clear that, unlike the previous Administration, they are not prepared to wait until the necessary reforms to the court processes are in place before they activate the Bill. That is a decision they are perfectly entitled to take, and it will be welcomed by tenants. However, a necessary corollary of that decision should be a process to minimise the chance of the courts being overwhelmed, which would be in the interest of neither tenant nor landlord. That is what Amendment 25 does.

The likelihood of the rent—a market rent when it was fixed—diverging significantly from CPI or RPI over four years is quite small. The certainty that goes with that guarantee will be welcomed, I think, by both tenant and landlord. If, after four years, there is a divergence, as the noble Lord, Lord Best, has explained, the rent can then catch up. As someone who voted for the Housing Act 1988, which abolished rent control, I see no problem with this measure to simply smooth increases over a four-year period. Again, speaking personally, if at the end of the four or five years the courts have shown themselves to be up to speed, with no backlog, I would be happy to see this provision lapse, but in the meantime, I hope the Government will smile on it.

[Lord Cromwell (CB)]

If I may add one note to what the noble Lord has just said, it is very common in commercial contracts to have CPI over a series of periods followed by a reset to market level, in part because CPI may take it up too high and it comes back down to market level. I think that needs to be part of this amendment.

[Baroness Grender (LD)]

My Lords, we support the amendments in this group concerning rent affordability, a matter that strikes at the heart of the lived reality of millions of tenants. We welcome the long-overdue commitment to abolishing Section 21 no-fault evictions but, as Shelter rightly said in a release only this week:

“For every day the government doesn’t pass this bill, another 70 households will be threatened with homelessness because no fault evictions are being kept on life support for no good reason”.


I hope that we will soon get some reassurances about when this key measure will begin, to overcome some of the rumours in the media of late about it being delayed.

We also welcome all the work to fix the issue of the supply of decent homes across all tenures, but private rent inflation is persistently outpacing both wage growth and general inflation. According to the latest data—we heard some of it from the noble Lord, Lord Carrington, earlier—average rents in England rose by 7.1% in the 12 months to May 2025. Meanwhile, wages continue to grow more slowly than rents, with the most recent data showing annual growth of 5.2%. Rents have outstripped wages every month for nearly two years; that is, since September 2023. Over the past three years, the average annual rent has increased by £2,650, rising from £12,800 to £15,450, a 21% increase, compared with—for all the owner-occupiers here—just a 4% growth in house prices over the same period. This relentless rise is not just a statistical anomaly. It is a driver of poverty, hardship and, in some—way too many—cases, homelessness.

Amendment 25, tabled by the noble Lord, Lord Best, and supported by me and the noble Lord, Lord Young of Cookham, proposes a mechanism to smooth in-tenancy rent increases by limiting them to the lower of wage growth or inflation. The Bill currently restricts rent increases to once per year and allows tenants to challenge above-market rents at the First-tier Tribunal, as we heard in the previous group. However, “market rent” is often calculated based on arbitrary information, such as advertised rents for new tenancies, figures that will inevitably and typically be inflated and do not reflect the actual rents paid by sitting tenants. This methodology leaves tenants exposed to rent hike evictions—Section 21 in all but name—undermining the very security that the Bill purports to deliver.

Tenants on lower incomes will be particularly exposed. For the many renters who have no alternative but to rent, the cheapest places they can find at market rent are already, by definition, unaffordable. The tribunal process will help, but not fix, this problem, and certainly not soon. Generation Rent’s analysis found that while 73% of tenants who challenge a rent increase through the tribunal succeed in reducing the proposed rent, the average increase awarded is still 14%, and only a small minority of cases result in annualised increases below wage or rent inflation. The process is also onerous and complex, deterring many tenants from pursuing it at all.

Smoothing in-tenancy rent increases is therefore not just a technical fix but a vital safeguard during this period of transition. It will provide tenants with the predictability and stability needed to budget and to remain in their homes, free from the constant threat of unaffordable rent hikes. For landlords, it offers an indexed yield without the administrative burden and uncertainty of tribunal proceedings.

I ask in particular that the Opposition Front Bench and the Government Front Bench resist the temptation and lure to comment on these proposals as rent controls. That would suggest that the years of knowledge and experience of the noble Lords, Lord Young and Lord Best, have rendered them somehow incapable of being able to understand the difference between rent control and something else. This proposal is fundamentally different. It is time limited. It applies only to in-tenancy increases. It does not set market-wide caps. It is designed to stabilise rents for existing tenants, not to distort the market or stifle investment.

Beyond these immediate protections, we must look to the medium term while we wait for the much-needed and long-awaited additional supply of homes. That is why I have tabled Amendment 114, requiring the Secretary of State to conduct a comprehensive review of rent affordability with the express aim of establishing a national rental affordability commission. I thank the noble Baroness, Lady Lister, for her support and the Renters’ Reform Coalition for their work on this issue. The coalition has found that nearly one-third of private renters—an estimated 3.8 million people—always or often struggle to afford essentials such as groceries due to the amount that they spend on rent, and nearly one in 10 have sold or pawned personal items to be able to afford to rent.

--- Later in debate ---

[Lord Cromwell (CB)]

My Lords, Amendment 58 is in my name. I express my gratitude to the noble Lord, Lord Pannick, who apologises that he is unable to be with us today but who has added his name to the amendment, and of course to the noble Lord, Lord Hacking —and indeed to the Minister and her officials for the time they have taken to discuss the background to this with me.

This amendment is at heart a simple and technical one. The Bill says that if you ask a tenant to leave on the grounds that you are selling the property but then the property fails to sell, as happens in about a third of cases, you are not allowed to rent the property out for a period of 12 months. It simply has to stand empty and impossible to rent out for a year. That means that numerous properties would, for the crime of not selling, be punished by standing empty and unrentable. My amendment does not seek to change the principle or any other element or clause of the Bill. It simply introduces a rational and balanced obligation to stand empty in this way for six months rather than 12. That is all that it does. I will now set out the reasons why.

On financial logic, when I and others suggested that 12 months was too long, the answer given was that 12 months’ lost rent would prevent evil landlords from claiming they were selling simply as a means to eject a tenant and then re-letting the property at a higher rent. The theory was that after the tenant had left, the landlord would jack up the rent to a high level, both to recoup their interim losses and make profits. Let us look at that proposition rationally.

First, if the landlord has a valid claim to increase the rent, the Bill already provides for that. A landlord would simply seek a normal rent increase rather than going to the dramatic and expensive process and risk of requiring a tenant to leave and then hoping to re-let at a much higher rent.

Secondly, in Committee I set out the mathematical calculation behind a six-month void period; noble Lords will be relieved to know that I do not propose to repeat the numerical details here tonight, or those that I provided subsequently in a meeting with the Minister and her officials. However, the numbers demonstrated clearly that the supposedly avaricious landlord, even if having the property empty for only six months, as I propose, rather than 12, would have to put the rent up by a very substantial amount—in excess of 200% or even 300%—to recoup their rental losses. I say nothing of the other costs, including the council tax surcharge bills and the risks of leaving a building empty. Such a huge rent hike would be impossible. The rent asked would be completely uncompetitive against other properties not carrying such an inflated rent level. In short, being obliged to leave a property empty for six months is more than enough of a financial burden and barrier so as to make the strategy so feared by the Minister simply untenable.

Thirdly, it was suggested that those nasty landlords might lie about selling a property or put it on the market at an absurdly high price, presumably in collusion with a disreputable estate agent—there are some, I believe. I therefore draw noble Lords’ attention to the second part of the amendment. This requires the landlord to provide, if necessary, to the local authority or the court hard evidence of marketing, pricing and offers, et cetera. A landlord flouting these requirements would be breaking the law and punishable accordingly. I understand that an agent colluding with them would also be acting contrary to the law. I remind noble Lords that any landlord taking this approach would face not only the legal risk of a false sales process but ending up with the property back on the rental market at an absurd and uncompetitive level of rent and, on top of that, losing six months’ rent.

Turning to other reasons, having made the argument on the rental conspiracy theory advanced in defence of the 12 months of standing empty, I heard that the landlord might have “other reasons” for wanting to get rid of the tenant, such as those that the noble Lord, Lord Hacking, touched upon. Let us examine this argument. Whatever these other reasons might be, the Minister has confirmed that the Bill makes it perfectly clear that the landlord has only four grounds for requiring a tenant to leave: sale, anti-social behaviour, moving in a relative or persistent failure to pay rent. If the landlord cannot demonstrate that one or more of these cases applies—for example, through not providing conclusive evidence of a genuine sales process—that landlord will be in breach of the law as well as having the financial penalty of the months of lost rent. It is a fundamental of the Bill to block any attempts to get around Section 21 by other means. I entirely agree with that. However, as I hope that I have demonstrated, this amendment is no such thing. The “no renting out” mechanism to prevent abuse remains, but the amendment makes it proportionate rather than excessive and heavy-handed.

Standing back from the detail, we are frequently assured that most landlords are good landlords. Perhaps some in this House have friends who are landlords. Perhaps some Members of this House let out property. This provision to leave a property unlet will not apply just to a subset of bad landlords. It will apply to anyone who rents out a property and genuinely wants or needs to sell their property but does not manage to do so. It also, for the same 12 months, deprives the market of rental properties—a market already bedevilled by a lack of available property to rent. That does not help tenants. This is not only unnecessary but manifestly unfair and will actively harm the supply of rental property. The Minister has accepted in a letter to the noble Lord, Lord Hacking, that landlords will lose out, but says that it will be in a small number of circumstances. Where is the evidence for that—or that the six-month penalty is not enough?

I underline that I am no lobbyist for landlords. I have spoken repeatedly in this House about the need to protect the poorest and the most vulnerable tenants who are abused and evicted by genuinely unscrupulous landlords. I have a later amendment seeking to prevent illegal evictions which is specifically on that theme. However, as the Minister has stressed, a successful rental sector is about a balance of rights. The amendment that I am speaking to does not do away with the relevant part of the Bill. It simply reduces the punishment —and it is a punishment—for not managing to sell a property from 12 months to six months. Those six months of costs and no income are, as I have demonstrated previously, more than sufficient punishment to make unworkable the avoidance strategies that so vexed the Minister and to meet the objectives of the Bill.

To be frank, a prohibition on renting out for 12 months is an impractical and disproportionate sledgehammer level of overkill that does not belong in a Bill that creates a set of checks and balances to produce a new, fairer environment for property rental. It also works against its own objective by artificially restricting the availability of property that is available to rent. That is why I feel strongly that this amendment is proportionate and needed. I will listen carefully to what any others and the Minister have to say, but I may need to test the opinion of the House in due course.

[Lord Young of Cookham (Con)]

My Lords, I speak to my Amendment 59. I am grateful to the Minister for the time that she spent with me and a representative of the Shared Owners’ Network after Committee, when we discussed in further detail the problems facing shared ownership leaseholders in blocks that have been blighted by the cladding disaster. This amendment is needed to protect shared owners, who are accidental landlords, from the financial problems that they will face if they are unable to finalise a sale after issuing a ground 1A notice.

Many shared owners, of course, continue to live in the property which they half-bought from the registered social landlord. Many shared owners have simply had to move to get on with their life; they have been unable to sell the property in the meantime, so they have sublet. Shared owners are allowed to sublet—they have to get permission from their RSL to do this—but the rent that they receive from the subletting may not actually be enough to cover their costs, with the mortgage, the rent, the service charge and the insurance charges on a block affected by the cladding disaster. Those costs may well exceed the local market rent.

Many shared owners who have been subletting for a number of years have seen their financial situation considerably weakened, with many effectively losing hundreds of pounds every month as a result of subletting. These are people who employed all the professional people that they should have employed when they bought the property owned by a registered social landlord. They took every precaution available to them and bear no responsibility at all for the problem that has engulfed them.

When we met, although she expressed sympathy for this group, the Minister could not offer any mitigation for the unsustainable costs which a 12-month ban on re-letting would create for these shared owners. This is not a satisfactory outcome for a cohort who qualified for an affordable home because their income was not high enough to buy on the open market; this was their first step on the ladder. The Minister argued that the proposed ban protects tenants, but it fails to protect shared owners who are actually also tenants.

Shared owners face a much riskier sales process with the Bill. They have to give four months’ notice to their tenants, and that means they have no certainty at all that the offer to buy the flat will actually result in an exchange, or indeed a completion. Shared owners have to give the first option to buy their flat back to the registered social landlord so they can find another shared ownership owner, and there are strict qualifications, so they are fishing in a relatively small pool. Prospective buyers need to meet the criteria for shared ownership, and that means that the risk of a failed sale, even at a late stage, is actually much higher for a shared owner, and particularly high if you are selling a flat in a block with unsafe cladding.

Should a sale fall through, as is frequent, particularly for these types of properties, shared owners, like other landlords under the Bill, face the prospect of a 12-month void when they will be banned from re-letting their empty property and forced to cover its costs without any rental income.

These people never planned to become landlords. It was not part of their vision at all. They will have had no ability to plan for this outcome or make provision for extended void periods. This will become completely unaffordable for the vast majority of shared owners who, as I have said, are not as financially resilient as other leaseholders, otherwise they would have bought a property on the open market. They will have to pay for the property they now live in, as well as the property they have been unable to sell.

Of course, they will continue to market their property for sale after the first sale has fallen through, but facing the mounting unmet costs of an empty property will actually put their homes at risk of repossession if they fall into arrears, as is very likely. Also—and this is worse—it puts incredible pressure on them to accept any offer from a buyer as soon as possible, even if the offer is below the RICS pre-sale valuation. If they do that, due to the rules of the scheme, they will have to compensate the registered social landlord for the loss of value on their share, as well as losing out on their own share. So, the unintended consequence of the 12-month ban on re-letting is that it puts shared owners selling a property on the back foot, unable to wait for a suitable offer at a fair market value.

It is just not acceptable to punish shared owners who have had to become accidental landlords, including as a result of the building safety crisis, and have already suffered considerable financial harm. In her correspondence, the Minister explained that shared owners would have the option to ask their provider whether a buyback would be possible rather than leaving the property empty.

This could provide a solution, but it will need the Minister to make some changes, As the Minister knows, buybacks are currently very much at the discretion of the registered provider. At the moment they have only limited access to funding to do this, using either their own funds or recycled capital grant funding.

If the Minister is unable to accept my amendment, will the Government ring-fence some of the dedicated funding to registered providers in its affordable homes programme so that they can swiftly buy back properties from those shared owners who fail to sell after issuing a ground 1A notice? This would enable housing associations to add to the stock of affordable property to rent at well below the cost of a new build and avoid leaving a property empty. If the Minister can neither accept the amendment nor give that guarantee, I am minded to test the opinion of the House at the appropriate time—probably next Monday.

Renters’ Rights Bill

Lord Cromwell Excerpts

Tuesday 1st July 2025 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I also support Amendment 21 in the name of the noble Lord, Lord de Clifford, and the noble Baroness, Lady Bowles, to which I have added my name. I am particularly grateful for the warm words of my noble friend Lord Jamieson and for the support of the various carers organisations which do such an important job in our society.

The Bill will allow a landlord to take possession of a property for a family reason. Our small extension would allow a nearby property to be taken back in hand if it were needed to house a carer. In the meantime, it would be available, for example, as a dwelling for a struggling local couple or an individual seeking a home.

With ever-growing numbers of the aged and disabled, with the move to smaller homes and smaller families, and with a scarcity of care homes and hospices, the provision for short-term housing of professional carers, often changing at short notice, will become more and more important in coping with our ageing population. This is particularly true in rural areas, which are being so battered by other changes the Government have felt it necessary to make.

I declare an interest, recorded in the register, as the owner of such a cottage bought specifically for a carer and generally let to a local on a shorthold tenancy. Such tenancies have expanded the rental market hugely in this country and will be completely swept away by the Bill. So, we need to do what we can together in this House to moderate its perverse consequences—notably in this case to make things better for carers. Fortunately, neither my husband nor I yet need a carer, but we may need one eventually, and my concern, like that of the noble Lord, Lord de Clifford, is a general one. I can guarantee that I am not alone.

I have no idea how the Government will find the 1 million more rented homes Savills believes we need by 2031 unless they make some sensible technical changes to the Bill, which is being constructively debated by knowledgeable experts here in this House. Our Amendment 21 falls into that category. I hope others will join us in the Lobby and in calling on the Government to think again on this issue.

[Lord Cromwell (CB)]

My Lords, I did not intend to speak to this amendment but, since I am, I declare that I do not rent out any residential property, but my children are tenants and rent out property in their own right. There are two sources of potential misery here: one is turning out a tenant, the other is being unable to provide care for a family member. I know how I would feel if I was in a situation where I had to deny a family member professional care despite owning a property that could accommodate a carer. I am interested to hear how the Minister feels about this, what she would do in those circumstances, and what other Members of this House would do if the noble Lord, Lord de Clifford, calls a vote on this matter.

[The Earl of Leicester (Con)]

My Lords, in speaking to my Amendment 22, I also express my support for Amendment 21 in the name of the noble Lord, Lord de Clifford, and Amendment 23 in the name of the noble Lord, Lord Jamieson. I declare an interest as a property owner of both commercial land and residential houses. If one acquires planning permission on a parcel of land that might have, to take a brownfield example, a few workmen’s terraced houses or, in a rural setting, perhaps a farmworkers’ cottage that might be in the middle of a proposed development, my amendment seeks to allow the landowner or developer to gain possession of said property or properties.

When I look out of the window of my flat in King’s Cross, which the noble Lord, Lord Jamieson, alluded to and which was developed by Argent—a brilliant place-maker that has worked in Manchester, created a marvellous area in Tottenham Hale, and produced a high-quality mix of leisure, retail, high-end accommodation, medium-level accommodation and affordable accommodation, but which takes decades to assemble land—I see commercial property that has been bought by developers and converted into flats. Many of these developments have a high proportion of affordable accommodation, which seems to be the largest amount of development happening in Britain at the moment.

However, this should go both ways. We in this country hear we are losing industry and are only a service economy. We should be doing our utmost to produce jobs. The unemployment figures are already rising. If the examples I have mentioned achieve planning permission and the tenant is removed—the reality is that the developer or landowner would do that by negotiation and try to find suitable alternative accommodation for that person—but the tenant then says, “No, I’m not leaving at all”, then the whole opportunity for growth ceases. Were the development to go ahead then, because of the planning permission it has achieved, a great number of jobs would be created in the short-term in its construction, which might take two to four years, and then in the occupation of those commercial buildings. It is a win-win. The Government say they want growth, but if they do not allow my amendment, nor that of the noble Lord, Lord Jamieson, then they are not acting in the best interests of growth.

I support the amendment from the noble Lord, Lord de Clifford, on providing accommodation for a carer, which is very well thought through. We should all support it. It seems that there is a great deal of support around the House for it. The amendment from the noble Lord, Lord Jamieson, is somewhat wider than mine—it is on redevelopment and regeneration—but they are effectively the same thing: they are looking for growth.

I have sat in on much of this debate. It is a shame that the Government are not listening. Good Governments listen to differing views and take note. There are many good amendments being put forward. Government through ideology and a large majority does not lead to good law.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

You can use the existing, broader mandatory redevelopment ground, ground 6, when you are redeveloping property.

[Lord Cromwell (CB)]

In respect of Amendment 21, does the Minister accept that denying someone the ability to move in a carer to look after their family in the way that was outlined will be an enormous temptation for abuse? The best outcome in that context is likely to be that people will simply hold the property empty for very many years in case they might need it. That will not create much help for the rental sector.

[Baroness Taylor of Stevenage (Lab)]

I will reiterate my comments. When evicting one tenant to put another tenant in, you may well be evicting somebody else’s carer to put your carer in. Of course, we do not want to see properties sitting empty but, if people have a property, that is their choice. The idea that you might evict one carer to put another carer in, for example, is just not acceptable.

[Lord Cromwell (CB)]

I hear what the Minister is saying about pushing a tenant out to put a carer in, but she is touching on a very specific case, where you are putting out a tenant who happens to be a carer so as to put another carer in. I would submit to her that that is a very tiny example.

The sheer emotional impact of not being able to care for somebody by putting a carer in will simply invite people to abuse the system: to find ways to get around it, or simply to hold the property empty. I wonder how Members of this House would react if they were in the situation of not being able to provide care to a loved one because, despite owning a property, they were unable to put a carer into it.

[Baroness Taylor of Stevenage (Lab)]

I simply add that it does not have to be another carer; it could be any of the key workers who we talk about so often who are in need of housing. There are other options for people. If landlords are receiving rent for that property, while I appreciate that there may be further shortages making it difficult to find somewhere near enough to the property, but there is the option of using the rent secured on one property to rent alternative accommodation for a carer.

Renters’ Rights Bill

Lord Cromwell Excerpts

Thursday 15th May 2025 Lords Chamber

[Lord Hacking (Lab)]

My Lords, I am sorry to interrupt the noble Baroness. This should be directed also to the noble Lord, Lord Bird. As I read in Clause 1 of the Bill that all existing tenancies are made periodic tenancies, that must involve the ceasing of the use of Section 21.

[Lord Cromwell (CB)]

That is what the noble Baroness is saying.

[Baroness Grender (LD)]

Yes, that is exactly what I am saying: this will bring about the abolition of Section 21.

That failure has rightly eroded trust. It now falls to this Government to deliver what was promised without further delay. Renters should not be asked to wait any longer for the basic security that this legislation is intended to provide. At the same time, we on these Benches recognise that proper implementation matters. Noble Lords would not find that surprising, given that every other member of this Bill team is a former or current councillor, with the exception of me.

The changes this Bill brings are significant and must be supported by clear guidance, well-prepared systems and proper resourcing, not least for the courts and local authorities. Yes, we need preparation time, but that preparation must not become an excuse for indefinite delay. There is a question of balance. Where regulation or consultation is needed, that work must of course be done, but it should be carried out with urgency and to a clear and published timetable. Renters deserve certainty about when these protections will come into force, but so too do landlords. Those operating in good faith need to understand the new framework that they will be working within and to have time to prepare for it, but they should not be left in limbo. The entire sector needs clarity and consistency. Delays would only undermine confidence in this long-awaited reform.

I have only one central question for the Minister. The Government publicly stated that Section 21 would be abolished “immediately” in their 2024 manifesto. However, Clause 145(5)(a) indicates that the abolition will take effect two months after the Bill is passed. The Bill also says that this is a decision for the Secretary of State. Can she please use this opportunity to clarify—my apologies if she has already explained this endlessly, but I am still slightly confused on this question—which timeframe is correct? It would be helpful, for instance, to understand the time lapse between the amendments from the noble Lord, Lord Bird, and the commencement date of the abolition of Section 21.

Finally, many of us were here until 1 am on Tuesday and until midnight last night, and this is now our seventh day. I am certain that there are many Peers who would do that again and again to get to the abolition of Section 21—to get to, at pace, that long-promised, much-needed change in the law. I look forward now to hearing when.

[Lord Cromwell (CB)]

Perhaps I may offer the briefest of comments. At the risk of being struck by lightning: on the seventh day, the Lord rested. Let us hope we all get some rest soon.

I mention two words: equilibrium and scramble. Equilibrium is what we all seek, but it is a fact of life that one woman’s equilibrium may be different to another woman’s equilibrium. The perpetual life of politics is trying to find an equilibrium between different viewpoints. Regarding scramble, there will be a scramble whenever this comes in, and that is not a reason to put it off.

We touched on the database yesterday. There are bits of the Bill that will come in more slowly, but Section 21, to echo the point from the noble Lord, Lord Bird, will definitely go. If the Bill achieves nothing else, Section 21 will go.

[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.

Renters’ Rights Bill

Lord Cromwell Excerpts

Wednesday 14th May 2025 Lords Chamber

[The Earl of Leicester (Con)]

My Lords, I shall speak to Amendment 252A in the name of my noble friend Lady Coffey, which would exempt certain buildings from an EPC requirement. I hope that noble Lords were listening to what she said, because it is absolutely true: the methodology used for assessment of EPC is not foolproof. As my noble friend said, the assessment seems heavily weighted against older buildings, and while she referred to early 20th-century buildings, a decent proportion of houses in this country are from the 18th and 19th centuries. They have even greater problems: for instance, double-glazing is required as one of the ways to achieve EPC C. Many 18th-century and 19th-century houses have shutters, which, when closed at night, do a similar job, but that is not part of the assessment. Many such houses are in rural settings, so what my noble friend said is so true.

My noble friend alluded to the variation in assessment of EPCs by different assessors. As an experiment on one property that we own, we got two separate assessors in—they did not know that they were being tested against each other—and, you guessed it, each of them came up with a different EPC grade. That is a real problem; the assessment needs to be sorted out. I think it was in the newspapers that the Secretary of State for Energy Security and Net Zero, Mr Miliband, had a similar situation, with two different assessments.

On listed buildings, there has been a lot of campaigning by various organisations. You cannot take out 18th-century and 19th-century sash windows and replace them with double-glazing—at least, you can, but it completely ruins the look of the building. A number of people prefer to live in a house which looks nicer but might need a little more heating or a log burner.

As my noble friend said, the Bill is very likely to result in the law of unintended consequences. Many houses will be sold and lost to the rental market, and that will create for this Government and this country an even bigger problem. After the Second World War, some landlords—not that I would want to do this—even took the roofs off their houses so that they were no longer houses.

Finally, I am sorry, but I want to speak against Amendment 251 in the name of the noble Lord, Lord Tope. If we are to apply the decent homes standard to asylum accommodation, I am afraid that that has to be last in the queue while we sort out the accommodation for our own people in this country.

[Lord Cromwell (CB)]

My Lords, a number of speakers have driven home in detail the problems of rural areas with old buildings. The choice is quite simple: we either continue with the existing exemptions or knock down about a third of them and start again. Can the Minister tell us which it is going to be?

[Baroness Janke (LD)]

My Lords, I support my noble friend Lord Tope’s Amendment 251, which I have also signed. We have all spoken of the support we give this Bill because it offers the opportunity to address the problems and injustices suffered by renters in the PRS, which is the most insecure, most expensive and lowest quality of any tenure. However, the Bill fails to recognise that certain vulnerable groups of tenants suffer disproportionately, as we have heard, and need special measures to give them the level playing field they need to be able to live in suitable accommodation that is fair, reasonable and secure in the private rented sector.

Refugees and asylum seekers are just one such group, and their housing experience is in need of radical reform. My noble friend’s amendment, suggesting that the decent homes standard should apply to housing for refugees and asylum seekers, offers an opportunity to move forward.

However, the asylum housing system in the United Kingdom leaves tens of thousands of people in inadequate accommodation, where they often live for years in conditions that significantly undermine their physical and mental well-being. The current outsourcing of asylum housing to private companies has created a system that is marked by significant issues, including exorbitant costs, excessive profit making, substandard housing, and inadequate safeguarding and oversight. I read in the Sunday Times this week that the owner of one such company, Clearsprings Ready Homes, is now a member of the Sunday Times rich list as a result of rapidly expanding contracts from the Government at the taxpayer’s expense.

These providers need to be properly accountable. Refugee organisations report appalling conditions and many incidents of poor, unsafe and cold properties with infestations and mould. It should therefore form part of contracts with providers that the decent homes standard should apply to properties that are paid for by government. Taxpayers’ money is being used to fund substandard accommodation and providers are not being sanctioned. Many of those who are obliged to live in such misery are children, forced to live in virtual isolation and incarceration with housing conditions that are woefully inadequate for their needs. I therefore support my noble friend’s amendment and call on the Minister to reflect on this situation. If she is unwilling to amend the Bill, can she say what the Government are proposing to do to resolve the desperately pressing circumstances of refugees and asylum seekers and the housing crisis that they face?

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Moved by

[Lord Cromwell]

258: After Clause 113, insert the following new Clause—
“Illegal evictions: police and local authority duties(1) Where a police force or local housing authority in England receives a complaint alleging that an offence or offences contrary to Section 1 of the Protection from Eviction Act 1977 (‘PFEA offences’) has been committed, it must—(a) notify the local housing authority (where the complaint has been received by a police force) or the police force (where the complaint has been received by a local housing authority) (‘the other party’) with responsibility for the area to which the complaint relates, and(b) co-operate with the other party to promptly and effectively investigate the alleged PFEA offence(s) and any offences committed at the same time, in furtherance of, or as a consequence of, the alleged PFEA offence(s).(2) Where a police force or local housing authority receives an allegation that PFEA offences are being committed or at risk of being committed, it must take reasonable steps to prevent those offences continuing or being committed, including, but not limited to, by cooperating with the other party and by taking reasonable steps to assist tenants to regain access to properties from which they have been unlawfully evicted. (3) The Secretary of State for Housing, Communities, and Local Government, and the Secretary of State for the Home Department must, within six months of the day on which this Act is passed, issue joint statutory guidance as to how police forces and local housing authorities are to discharge the duties in subsections (1) and (2).”Member’s explanatory statement
This amendment addresses the poorest end of the rental market by removing ambiguities between police and local authorities, clarifying police duties (illegal evictions often incorrectly seen as civil) and enabling efficient information sharing.

[Lord Cromwell (CB)]

My Lords, I am very grateful to the right reverend Prelate the Bishop of Manchester, the noble Baroness, Lady Kennedy of Cradley, and the noble Lord, Lord Best, for adding their names in support of the amendment. I thank the noble Lord, Lord Hogan-Howe, who cannot be here at this time, but who has authorised me to say that he both supports the principle of the amendment and believes that it is deliverable in practice. Given the role of the police in this amendment, his assessment and support have been invaluable. I am also grateful to the organisations Safer Renting and ACORN for their assistance in highlighting the urgent need for this amendment, and to the Bill team for working their magic in drafting.

At Second Reading, I underlined concern about those at the bottom end of the rental market; here are the economically and socially vulnerable. They are the most likely to face illegal and sometimes forcible evictions. They are also often the least equipped to resist illegal evictions. It is this shadow private rented sector, the lowest part of the rental market, that most needs help and, in particular—as so often with the legislation that we like to pass in Parliament—needs proper support through effective and well organised enforcement of renters’ rights in what can be a wild world of criminal landlords who pay little mind to the niceties of tenancy agreements when removing tenants. That is what this amendment seeks to address.

Illegal eviction is defined in the Protection from Eviction Act 1977 as a criminal offence—it was referred to earlier this evening by the Minister as a serious criminal offence—that can include physical force, the changing of locks, depriving renters of essential services, and other forms of interference and harassment. Figures from 2022 show that 8,750 illegal evictions were reported in that year; the actual number will, of course, be higher than this. The noble Baroness, Lady Kennedy of Cradley, earlier cited a figure of about twice that. However, currently prosecutions for illegal evictions are very low. The police do not act in 91% of cases, making an enforcement rate of below 0.3%. I underline that this is not to blame the police; rather, it arises from a legislative ambiguity that needs resolving.

While the Protection from Eviction Act 1977 set out the legal definition of illegal eviction as a criminal offence, it did not include a duty on the police to enforce the protections. The results of this have been, first, ambiguity of responsibility between local authorities and police as to which is the enforcing agency. This, in turn, has led to councils and police each referring renters to the other organisation. Secondly, the police have almost always held the incorrect belief that illegal evictions are a civil matter.

The amendment also takes into account the need to be realistic about overstretched police time and resources. The duties under this amendment have two aspects: reporting and intervening. On reporting, in the interests of joined-up working, the police will notify the local housing authority when a complaint has been made, and vice versa, when a complaint is received by the housing authority.

The immediate anxiety here is to avoid imposing an additional reporting burden on front-line officers and officials. But any incident raised with the police or the local authority gets reported, or it certainly should. That report can simply be electronically copied to the other so that both can be aware, spot patterns and so forth. So it is not really “more flipping paperwork”, because adding a cc to a report is not really very onerous.

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[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.

Amendment 258 withdrawn.

Renters’ Rights Bill

Lord Cromwell Excerpts

Wednesday 14th May 2025 Lords Chamber

[Baroness Thornhill (LD)]

My Lords, first, I apologise to the Minister. I was remiss not to thank her before the previous group for the time she gave up to meet my noble friend Lady Grender and me to discuss the database. I know that she is always very willing to meet noble Lords and that she gives up a lot of her time. I hope she will accept my thanks now.

The amendments in this group continue to relate to strengthening the content, utility and functionality of the new private rented sector database. As has already been highlighted, the database could be a powerful driver of higher standards, tenant protection and, importantly, support for responsible landlords. But to fulfil that role, it must be built on comprehensive, reliable and adaptable foundations—something these amendments aim to deliver.

Amendment 222 is in my name, supported by the noble Baroness, Lady Freeman, whom I thank. I also thank the noble Lord, Lord Best, for his positive comments. The noble Baroness and the noble Lord both made some pertinent comments that I hope will add to the debate. Yes, the amendment sets out a broader and more ambitious vision for what information could be captured in the database from the onset. If this system is to be genuinely useful, it needs to go beyond the basics and include key documentation that reflects the safety, security and condition of the property. Renters deserve to know that the home they are moving into is safe, compliant and fairly let.

I say to the noble Baroness, Lady Kennedy, that I do not intend to go into great detail on this today, because time is of the essence. To sum it up, the point is to expose infringing, dodgy landlords. A good landlord has nothing to fear, but if things such as banning orders are on the site, this might incentivise landlords to not get themselves into that position in the first place. In Watford we have had issues with a landlord who is a prolific property owner. It would be very useful, and quite powerful, if people could see the number of offences under the name of a landlord. I accept the concerns expressed by the noble Earl, Lord Lytton. If there was any hope of any elements of my catch-all list being taken up, I would happily argue each one with him on a case-by-case basis.

Amendments 221 and 227, tabled by the noble Lord, Lord Best, would ensure that the database includes records of gas and electrical safety checks, and that, crucially, it can become a digital home for all these certificates. We already require these documents to be produced, so incorporating them into the national system should be a logical next step. Amendment 227 would even allow accredited safety certificate providers to upload directly, removing administrative burdens from landlords and improving data accuracy. This would modernise and streamline an essential part of the compliance process.

Amendment 228 in the name of my noble friend Lady Grender focuses on tenancy disputes—specifically rent levels and resolution outcomes. In the absence of reliable rent data, we lack the evidence base needed to track affordability—something that has come up before in the Bill—or understand the impact of policy changes. Including dispute outcomes would help tenants navigate the system more confidently and enable more informed decision-making by both renters and landlords. It also provides an accountability mechanism to ensure that the system is working as it should.

Amendment 224, also from the noble Lord, Lord Best, and which I support, is linked to these proposals and would reinforce the requirement for the database to include the right types of detail to make it genuinely functional for enforcement and policy use. I am sure we would all be willing to contribute to a general discussion on what that might be.

Amendment 229 introduces a small but important clarification to ensure that the database links records not only to landlords but to specific dwellings. This might seem technical, but it speaks to a broader point. The system must allow us to track the full history of a property and not just its owner, although the owner is clearly vital, especially the owner we have mentioned many times: the invisible, absent, non-contactable landlord. This is vital in cases where properties change hands but the issues persist. With reference to the local case that I referred to earlier, often it was just a family member’s name that had changed, so I think the more we can track down these infringing and rogue landlords, the better.

This brings me to Amendment 230, which would require the use of the UPRNs: unique property reference numbers. That is a new acronym for me. These identifiers already exist and are widely used in local government and in the property sector. Using them in the database would help standardise records, reduce duplication and enable effective data sharing across agencies—something that they, and all of us, think needs to be improved. It is a ready-made tool that would help knit together fragmented information across the sector and, as we have heard, it has proved effective.

These amendments work together to build a more useful, transparent and future-proof database that supports not only enforcement but renter safety, data integrity and informed policy-making for the future. Each of these proposals is practical, proportionate and grounded in existing obligations. What they offer is not duplication but integration. I hope the Government will recognise the value of taking a more ambitious approach to what the database can deliver and I am heartened by the comments that the noble Baroness has already made today.

[Lord Cromwell (CB)]

My Lords, I am entirely supportive of pretty well every amendment that has been put down on this—this blizzard of amendments about a database across four groups. I agree that there should be penalties for not participating in it. It has to be something that is not a nice-to-have add-on: it has to be core to everything. However, I will just give two notes of caution, the first of which goes back to the point made by the noble Earl, Lord Lytton. If you are going to start recording disputes on the system, there could be many, many reasons why a dispute runs for a long time. It would not necessarily be the fault of evil landlords. It could be illness on the part of the tenant; it could be a multitude of things. You have to be very careful there.

The second point is to be careful what you wish for. No one has suggested this so far, but is this database going to be searchable by tenant? Because a landlord looking at a tenant might search the database and find that every previous tenancy has ended in a dispute. Is that going to be a fair use of this database? Because it is a logical suggestion, looking at this from a landlord’s point of view, to look out for rogue tenants as well as rogue landlords.

[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.

Renters’ Rights Bill

Lord Cromwell Excerpts

Tuesday 6th May 2025 Lords Chamber

[Lord Cromwell (CB)]

My Lords, I will very briefly intervene. I agree that people who like pets benefit from having them, and I guess that landlords who do not like pets are going to have to put up with it, which seems fair enough. But—no pun intended—what a legal can of worms we are opening here. What is a pet? I disagree with the noble Lord, Lord Hacking: snakes are animals, as are alligators, rats, goats, snakes, and even fleas, which some people keep as pets. That is going to cause a great deal of stress and redefinition at some point.

Listening to the very interesting speech by the noble Lord, Lord de Clifford, we heard that we are also going to introduce a category called an anti-social pet. That is going to be very hard to define and prosecute, and I suspect the unreasonable grounds for refusal will, again, cause interesting legal conundrums. So this amendment will go through, and I am happy to support it, but I wonder what legal can of worms we are opening for the future.

[Baroness Scott of Bybrook (Con)]

My Lords, this section of the Bill is set to introduce some significant changes affecting the rights of renters, the rights of landlords and the nature of the relationship between those two parties, and we need to consider these provisions and the amendments to them with particular care.

Amendments 118 and 119, tabled by my noble friend Lord Black of Brentwood and the noble Baroness, Lady Miller of Chilthorne Domer, seek to prevent consent from being withdrawn by a landlord once it has been granted. This proposal presents some challenges, as far as we can see, and may benefit from a more considered approach. It poses a risk to landlords when taking on a new tenant, because it raises the prospect that they could be tying themselves into a contract whereby they would have no right to remove, in future, a dangerous, aggressive or damaging animal from their own property.

In our opinion, these amendments also suffer from the way that they have been drafted. If a tenant acquired a new pet, would they be obliged to seek consent again from their landlord, or would the one issuing of consent cover all future acquisitions? If a tenant was granted consent for a goldfish, does this amendment really seek to assume that the consent is also automatically granted if the same tenant decides to buy an Irish wolfhound?

Amendment 120, tabled by my noble friend Lord Howard of Rising, seeks to address that fundamental question of proportionality, which I have referred to several times throughout my remarks on the Bill. This amendment rightly seeks to protect the landlord beyond the immediate term and ensures that they will still be able to make full use of their property after a tenant has left. If a landlord reasonably believes that a pet could limit their use of their property into the future and thus reduce its utility and value, it is surely reasonable to allow the landlord the discretion to protect their asset and the health of their family and future tenants.

My noble friend Lord Howard of Rising takes this responsible approach further in Amendments 121, 122 and 123, which would provide the landlord with the capacity to refuse consent if a pet was a dangerous wild animal, if a pet risked causing damage or disruption, or if a tenant wished to keep an inappropriate number of animals or an inappropriately sized animal in their property. These amendments would not only preserve the balance of the renter-landlord relationship but help to ensure the safety, protection from damage and the well-being of the landlord and tenant alike. As it stands, the Bill creates a huge risk for landlords: they could enter a contract with a tenant who could bring an unsuitable, untamed or even dangerous animal into their property without the capacity to refuse. These amendments are a sensible opportunity to redress this risk.

Amendments 124, 125 and 126, tabled by the noble Earl, Lord Kinnoull, my noble friend Lord Black of Brentwood and the noble Baroness, Lady Miller of Chilthorne Domer, seek to clarify unreasonable circumstances for pet refusal, including in social housing —Amendment 124 is an extremely interesting amendment from that point of view. In our opinion, outlining these conditions could make the law clearer in application, although it is right that this should not come at the expense of the right of the landlord to safeguard and utilise their property. For instance, these amendments attempt to prevent a landlord refusing to consent to a pet on grounds of pre-emptive concerns. For this demand to balance out with respect for the rights of the landlord, it is surely reasonable to support a further amendment that would allow a landlord to withdraw consent once provided if their pre-emptive concerns turn out to be valid.

We also have some concerns about the vagueness of the language used throughout these amendments, for instance the references to

“a generalised fear of damage to the property”

and to “generalised” animal welfare concerns. The Committee would benefit from further clarification about the specific steps a landlord would need to take to move from “generalised” to what would be considered a valid concern under the text of this amendment.

Finally, I turn to Amendment 126A, tabled by my noble friend Lord Leicester and introduced by my noble friend Lord Caithness. This is a very sensible proposal that is designed to build consensus and clarify points of concern over the scope and definition of the terms used by the Government in the Bill.

I think that Amendment 124A is for national, if not international, debate. Although I understand my noble friend’s concern, I think that debate probably goes wider than this Bill.

We must always remember that this Bill will be used to govern a series of relationships that involve possibly millions of people throughout the country. We have a duty in this place to make sure that the law is as clear as possible and that the relationship we create between a tenant and a landlord is fair and mutually beneficial. We need to make sure that we create market conditions in the rented sector that ensure a steady supply. If landlords start to pull out because of vague and overburdensome regulation, prices will go up and the choice for renters will go down. This is not an outcome that the Government want, nor one that will promote and protect renters’ rights.

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[Lord Cromwell (CB)]

My Lords, I also support these amendments. I have one small niggle, which I will get to, but I live at the end of a very ropey copper wire system, so I yearn for the day when broadband reaches up into the Midlands—or, as it is known down here, the north.

My understanding is that Openreach, in the areas where it is installing, currently includes a building free of charge in its rollout programme. That could change, and it is not clear whether alternative network providers may charge for installing. The situation is not clear at the moment and is, of course, subject to change. Therefore, would the Minister consider it right to oblige landlords to take on the cost if one is imposed?

[Baroness Thornhill (LD)]

My Lords, I rise to give my support for Amendments 134 and 135 in the names of my noble friend Lady Janke and the noble Lords, Lord Black of Brentwood and Lord Best, who, in his usual style, has added some quality dimensions to this discussion. The noble Lord, Lord Cromwell, has given his usual nudge about something we might have forgotten.

In short, these amendments offer a simple, cost-neutral solution to a growing problem. Too many renters are still denied access to fast, reliable broadband, and there is a real risk of growing the digital divide as a result. The ability to work remotely and to access education and vital public services are basic needs in the modern world. Reliable broadband is not a luxury; it is a necessity as fundamental as water or electricity in our lives today, yet over 900,000 households are being left behind. This is often simply because, as has been said clearly, landlords are hard to reach for requests for fibre installation or are just not bothered. These amendments would introduce a clear, fair process, ensuring that tenants could request full-fibre broadband and receive a timely response. This is not about forcing landlords to pay but removing a passive barrier that is harming renters’ access to full-fibre broadband.

It is good to know that these measures are backed by many organisations, such as Generation Rent and the Good Things Foundation, and offer a cost-neutral way for the Government to improve digital inclusion, particularly for low-income renters. Importantly, yes, landlords benefit too, with fibre infrastructure clearly adding a long-term rental value to their properties.

This is a fair and practical step to connect more people and strengthen our digital infrastructure, so we strongly support these amendments—no surprise there—and urge colleagues to do the same. We look forward to the Minister’s response.