Renters’ Rights Bill

Debate between Lord Fuller and Lord Pannick
Monday 7th July 2025

(1 week ago)

Lords Chamber
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Lord Pannick Portrait Lord Pannick (CB)
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My Lords, I support Amendment 53A. However, I ask the noble Lord, Lord de Clifford, to deal with one point when he replies. There appears to be no requirement in the amendment that the landlord must be acting reasonably in demanding a deposit. It is easy to understand and entirely reasonable that the landlord may require a deposit if the tenant wishes to keep dogs, but it would not be reasonable to demand a deposit if the tenant wishes to keep a goldfish. It is easy to understand the idea that there is no harm done because the deposit will be returned at the end of the tenancy, but the requirement of the deposit may well inhibit the tenant from being able to have the goldfish and the companionship that it gives.

Lord Fuller Portrait Lord Fuller (Con)
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My Lords, once again I declare my interest, in that I am a landlord.

I support Amendment 53A most strongly, but I wonder if I might dwell on the point made by the noble Baroness, Lady Miller. Looking around this Chamber, I see that most of us travel a lot as part of our duties in this House if we live outside of London. I am sure my wife would be the first to complain if I brought bedbugs back to our family home.

Drawing on my experience as both a landlord and a managing agent, I know the cost of the Bill will be that the additional costs of damage, wear and tear, fluff, cleanliness, pest control and all those other little things—as enumerated most ably by the noble Lord, Lord de Clifford—will, particularly in blocks of flats, be borne by those tenants who do not keep pets. I do not think that is right. Quite simply, keeping a pet is an add-on to a tenancy and the additional cost should be borne by those who bring the pets with them.

There are lots of examples of where things can go wrong and I will give an example, from my own lived experience, of a tenant who declared that he did not own any pets at all. In due course, he brought his two large dogs to the property, where he left them while he went to work. By and by, it became clear that my house was being used as a kennel. Not only were the neighbours disturbed by the barking all day and all night but, by the time the tenant had stopped paying rent and I had taken proceedings, £15,000-worth of damage had been caused. When he finally left, I discovered the most foul-smelling and revolting scene: one bedroom had been used as a doggy lavatory for weeks. It would have been even worse had the proposals to stop repossession action been extended from eight to 13 weeks.

This was a gross case, in every respect, although I was lucky to get an insurance claim because the sum of money was so large. But that is not what we are talking about generally in this Bill. We are not concerned about granny who may be infirm, as the noble Baroness, Lady Miller, implied, chewing the table leg or eating the carpet. We are thinking of the middling bit, where it is above and beyond the three weeks. I agree with my noble friend Lord Howard that the additional three weeks is not enough, but I accept that we have to fight the battles we can win. If that is as good as we can get, it is a proportionate compromise that I am prepared to accept.

Several noble Lords mentioned—and I agree—that if the pet does not cause any damage, the tenant gets the deposit back in full, with interest. I place on the record that in the statutory deposit protection schemes, interest is not normally paid. The deposit goes in and the costs of interest are retained by the deposit scheme, presumably to defray their costs of operating the system and its administration. I would not want those watching this outside the Chamber to think that we are now going to introduce the requirement to pay interest if the landlord does not accept that.

I listened carefully to what the Minister said about the Government’s ability to increase the deposit through the Tenant Fees Act 2019, but I think we should accept here and now—and Amendment 53 implies this—that there are additional costs and risks to keeping pets, and it is obvious that we should not necessarily wait. Let us have those provisions within the Tenant Fees Act 2019 introduced immediately, but proportionately, so the goldfish is not charged at the same rate as the Newfie—that would not be sensible—particularly in cases where there is furnished accommodation. Then we can have a good compromise that everybody can live with.

Finally, I do not want to repeat this at length, but I believe that if we can come to that arrangement, having that deposit benefits the tenant because at least they get it back, whereas in the case of buying an insurance policy—not that these policies exist, as the noble Earl, Lord Kinnoull, said—that would be an absolute cost because they would pay whether there was damage or not. I strongly support Amendment 53 and if the noble Earl is minded to test the opinion of the House, I will follow him through the Lobby.

Football Governance Bill [HL]

Debate between Lord Fuller and Lord Pannick
Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I shall speak to my substantial Amendment 45, together with the consequential Amendments 42, 43 and 44. I have followed the Bill closely from the stand—it has been televised on every occasion it has been debated.

My amendment seeks to delete the unnecessary and counterproductive Clause 27, which is prematurely engaged at the very earliest stages of a potential sale and purchase agreement between the seller of a football club and perhaps a number of purchasers. By deleting Clause 27, notification will be engaged only once the parties have reached a conditional agreement and heads of terms and a single preferred bidder has emerged. At that point, Clause 28 would be engaged as in the Bill.

Football is a game of dreams, and some dream so hard that they want to own their own club. In a small way, I am one of those people. Back in 1932, my grandfather was an Olympic athlete, and he was known as Flying Fuller. Back then, he answered a small advertisement in the Eastern Daily Press and acquired 250 shares in the Norwich City Football Club. When he passed away 40 years ago, I inherited those shares. I have enjoyed attending the annual general meetings and generally being a keen observer of how the business of football operates ever since.

From that 40-year perspective, I can tell noble Lords how clubs change hands, and it is not how the Bill contemplates. The Bill anticipates that, at some point, someone dreams big and they need to submit themselves to the IFR so that an army of Rachels can measure them up for the sheepskin coat, which is the particular uniform that owners of football clubs tend to wear. Forget for a moment that time might be of the essence, that they might be subject to an HMRC winding-up order or that there might be other cash flow issues; even before the seller can open the books, the purchaser needs to have been vetted by a civil servant.

How have we come to this place? This is not how deals work. Unless the books are opened, how could the purchaser even know whether the deal was feasible? Then, unless the purchaser was qualified, the seller could not open those books for fear that person was a charlatan. Noble Lords can see the jeopardy here.

Quite simply, the new law, and Clause 27 in particular, would prevent buyer and seller being put together. This Bill purports to stop clubs going bust, but the actions of the Bill would ensure that they did.

As I look back and reflect on the ownership of our club in Norwich, during my small slice of ownership, I recall how Norwich City Football Club was owned by Robert Chase, a local builder. When the wind blew out of his sails, it needed somebody with deeper pockets to take over, but nobody came forward. By and by, a man called Geoffrey Watling, who owned a local taxi firm, came forward to act as midwife, and he held that club while he hawked it around. Here was a modest man with a deep interest in the community. He understood what the role of the football club can and should be, and he put himself in harm’s way when nobody else would step up to the plate. All Norwich fans thank him for what he did. The main stand, even today, is named for him. Eventually, Delia Smith, the famous TV chef, together with her husband Michael Wynn-Jones, acquired the shares of the club in a story that was beautifully told in the Times about three weeks ago. It must have been a very expensive taxi ride for them both, and no two people could have done more to act in the public interest and save our club.

Last week the club entered a new phase with a new owner, Mark Attanasio, taking a leading role. We hope he can bring us to past glories. By all accounts, he is a worthy custodian of our club. I would rather have Delia’s blessing than Rachel’s.

The purpose of telling these tales is that had there been a regulator operating under Clause 27, Robert Chase would have thrown in the towel long before he did. Kind-hearted Geoffrey Watling would not have been allowed to step in as midwife, because he would have failed Clause 37(4). He only owned a taxi company; he had no qualifications. You would have to question why a husband and wife team from Suffolk would put themselves in harm’s way to own Norwich City Football Club in Norfolk, similarly failing Clause 37(4), because being a cook is not necessarily the requisite qualification for club ownership. Put simply, as a result of Clause 27, our club would have folded; it would have prevented these deals before they even started. With the best of intentions, Labour is creating a doom loop for clubs in trouble—a vortex from which few will be able to escape. The consequence of Clause 27 is to condemn a club in trouble to extinction.

My amendments would not prevent the IFR eventually certifying someone under Clause 28, but it would stop the snuffing out of hope at Clause 27. Of course, it is regrettable that only faceless bureaucrats can allow you to don the sheepskin coat in the first place. In my view, the regulator should not be allowed at this early stage to prevent clubs doing different and taking those calculated risks—the rolling of the dice.

Football is not just embellished by the great players—the Beckhams and the Ronaldos. It is decorated by the local characters, people like the Roberts, the Geoffreys, the Delias and the Michaels. We should be encouraging them to dream. Labour is at risk of turning our national game into the dull men’s club—a system where local people are prematurely discouraged from standing up for their communities, and big business and remote shareholders with fat lawyers are preferred. This is in direct conflict with the two key outcomes set out in Clause 1, where the economic and social well-being of local communities are key objectives.

I was with Delia on that infamous “Let’s be ‘avin’ you” rant 20 years and two weeks ago. It passed into our legend and our lexicon. It is part of the colour of the game and our nation, yet this is exactly the sort of thing that will be lost if we do not attract and cherish the community-minded people. For the sake of anyone who loves our game, do not make it even harder than it is to get to the start line. Let us abandon Clause 27 and just rely on Clause 28, at which point the deal’s certainty is greater.

Lord Pannick Portrait Lord Pannick (CB)
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My Lords, I return to Amendment 7 in the name of the noble Lord, Lord Moynihan, seeking to leave out “influence or”. There are in fact two references to “influence” in Clause 3. Clause 3(2)(b)—the one that the noble Lord, Lord Moynihan, focuses on—mentions

“a higher degree of influence”,

and Clause 3(2)(c) mentions “a degree of influence”. Is there any assistance in the Bill as to what is meant by either of those concepts? They seem very vague indeed to me.

In paragraph 15(1) of Schedule 1, on page 83, there is an obligation on the Secretary of State—the noble Lord, Lord Moynihan, referred to this—to

“prepare and publish guidance about the meaning of significant influence”,

but that is a different matter. Significant influence is plainly distinct from

“a higher degree of influence”

or “a degree of influence”. I am not suggesting that the Minister provides guidance now, but it may be a matter that can be addressed when the Bill goes to the other place. There really needs to be some assistance provided to the regulator and others as to what these vague concepts mean.