(1 month, 4 weeks ago)
Lords ChamberMy Lords, I have a number of amendments in this group, some of which I have co-signed with the noble Lord, Lord Stoneham of Droxford. I think we were probably both approached by the same organisation. There is one I have tabled which he has not co-signed, but I will not steal his thunder, apart from on the one that is in my name, Amendment 39. If necessary, I will come back to other amendments later, as I do not want to talk over what the noble Lord may have already prepared.
I will start straightaway. In the previous debate, I said that rural people should have the right to buy, disagreeing with some of the proposals in the Bill and some of the arguments made by other noble Lords. Amendment 36 is basically saying that housing associations and local housing authorities should not be allowed to sell properties in rural areas. If somebody cannot buy it, why is it that a housing association should be able to sell it to the private market directly? The reason I say this is that, if we are concerned about the housing stock, and that is the reason to not allow a property to be sold to those already living in it and paying rent on it, then I do not understand why other private providers or private buyers should be able to come in, just because they have the money.
Noble Lords may wonder why a housing association would want to sell in a rural area. My experience is that, as housing associations have got larger and larger, people are starting to come from further away. Principally, they have discovered a need to try to build homes quite some distance away. I referred to this at Second Reading, so I will not labour the point, but I have seen it happen in places such as Aldeburgh and Orford, in Suffolk. What has ended up happening is that homes are being built in Essex or in Cambridgeshire, not in the local area. It does not feel right to me that we can now, through this legislation, ban somebody who has been living in a home from buying it but we are not stopping the provider that owns it from selling it.
That links strongly to my Amendment 48B, on the supplementary list, which says let us not have cash purchases; these properties cannot be sold for cash. My experience is that, quite often, a local housing association will try to sell off a dwelling, and there are two ways you can sell in an auction. You can sell for the unconditional auction approach, where you give up 10% of the price straightaway and then have to provide the 90% within 28 days, or you can go for the modern market auction, where you can potentially get a mortgage and you have 56 days to come up with the money. I do not know how many people would necessarily be able to come up with a spare £250,000—as happened in a recent sale—for the initial deposit or be able to come up with the rest of the money within 28 days, but that is the basis on which housing associations are selling property around the country. I do not think that is right.
How is it that some wealthy person—a developer or entrepreneur—can buy such properties? The property I am thinking of could probably have had two or three houses built on it, with the size of the garden, and yet local people and the local council were not in the position to be able to buy that property. My amendment is quite blunt in seeking to prohibit cash purchases. It is done deliberately to provoke a discussion about who is buying when there is this big sell-off.
I can visualise another property: a block of flats traditionally used by older people. Four years after the sale, again as a cash purchase, it is, surprisingly, still sat there; nothing has happened to the property and it is starting to look downgraded. I wonder if the real strategy is that the property becomes so bad that the purchasers end up getting permission to knock it down. The Minister will recall that, in previous legislation, I tried to encourage noble Lords to get to a situation where we could compel the council—this was for assets of community value, which is a slightly different matter—to use its powers to make sure that properties are kept in good nick. In this case, that has not necessarily been the case. I am trying to stop such behaviour and see what can be done with rural housing, if we are not going to allow people who live there to buy it.
I have a series of other amendments. I have already explained that I have co-signed those which the Local Councils Network suggested. They merit debate and, although I do not agree with every single one of them, I thought it was important to discuss some of the wider points. As I said, I will leave that to the noble Lord, Lord Stoneham of Droxford.
Straightforwardly, Amendment 39 would extend the notification period to eight weeks. The Local Councils Network has suggested that four weeks is simply not enough time for a council or housing association to make a financial decision to purchase a property, which typically requires a formal cabinet decision. It suggests that eight weeks is the minimum needed and that, during that period, if the council or another housing association submits an offer, on the existing use value for social housing, the selling housing association must accept it; if no offer is received, the property could proceed to open market sale, as it does now. I do not know the motive for four weeks, but the case has been reasonably well made for why, if this is intended to allow councils to step in and purchase those properties, eight weeks is more sensible, giving them more time to get their act together.
On Amendment 47, I appreciate we have covered this issue in previous debates. I forgot to mention it earlier, but I had not tabled amendments to those amendments. If I think about areas with populations of about 3,000, for house occupation we are talking, on average, about 1,400 houses. What most people would consider to be rural is probably quite a bit smaller than that, so I have proposed the figure of 1,000, so that we can think that through. I am conscious that we have already had the debate on what rural is, so I do not expect the Minister to respond on Amendment 47. Amendment 46 is still there, and I hope that the noble Lord, Lord Cameron of Dillington, will not be upset by my tabling an amendment to his amendment.
Having moved Amendment 36, I may come back to some of the other amendments to which the noble Lord, Lord Stoneham of Droxford, will speak.
My Lords, my name is on Amendments 37, 38 and 44 in this group, all relating to the disposal of social housing to other buyers—which is quite separate from the right to buy for existing tenants, as they are sales to other purchasers. I have a good deal of sympathy with the comments made by the noble Baroness, Lady Coffey.
Amendment 37 is supported by the noble Lord, Lord Stoneham of Droxford, and would require notification of the proposed sale, by a housing association selling social housing, to the regulator of social housing—as well as to the local authority, as is already in the Bill. Amendment 38 would require the notification to be submitted not four weeks in advance of a disposal, as the Bill specifies, but eight weeks in most areas and 12 weeks in a designated rural area, which I will come back to. I support Amendment 41 in the name of the noble Lord, Lord Stoneham, which he will explain in a moment. Finally, Amendment 44 in my name relates to adaptations made to properties that are going to be sold.
Disposals—sales to any buyer—of social housing have become a bone of contention in a number of places. They mean a loss of accommodation at social rents at a time when there is such a desperate shortage of affordable accommodation. Selling the family silver—even if it needs a good polish—is a short-term solution to the problem of social providers needing to balance the books. Some existing stock is in poor condition, requiring expensive repairs, while some is in places that are at an inconvenient distance from the organisation’s management and maintenance services. Sometimes the social landlord is simply taking the opportunity to sell valuable assets to fund development or major repairs elsewhere.
The Bill’s response to this phenomenon, which has become surprisingly extensive, is to require notification of the plan to sell to be given to the local authority and to local social housing providers. The housing association would be prevented from selling the home for four weeks after it had served notice of its intention. This is a very modest step to discourage loss of stock, which may then be acquired by less scrupulous landlords. Disposals are particularly undesirable where the same local authority may see the property relet by a private landlord at a much higher rent, not least as temporary accommodation. This is not good value for money.
The Chartered Institute of Housing makes the additional point that housing associations need to notify local authorities of a planned sale so that councils’ strategic plans for future development can be determined on the basis of what is happening to the existing stock. But the four-week notice period to be given of a sale presents a very tight timetable for local authorities to find another housing association to purchase the home, to do so themselves or to find funding for the same association to repair and improve the property it owns.
Amendment 37 would require notification to the social housing regulator, as well as to the local authorities, and would enable the social housing regulator to keep a record of what is going on, assess the impact and decide whether changes in its own policy are worth while. The housing associations are complaining that the reason they need to sell property that would otherwise have a decent life is that the regulator is imposing upon them all kinds of additional burdens that they then have to fund: regulatory measures, minimum energy-efficiency standards, building safety costs following the ghastly Grenfell Tower tragedy, and Awaab’s law where housing associations must now complete works on cold and mould in fixed timescales. All these measures are requiring and pressurising housing associations to spend more on their existing stock of property, and that is given as a reason for needing to sell to make up the balances they need. Notifying the social housing regulator is important in informing the regulator of what these pressures mean in real life to the housing associations.
(1 month, 4 weeks ago)
Lords ChamberMy Lords, I support Amendment 20 in the name of my noble friend Lord Cameron of Dillington, and I declare my various housing interests as in the register. Before considering Amendment 20, perhaps I could extend a word of dissent to the Clause 6 stand part notice in the name of the noble Baroness, Lady O’Neill of Bexley. It would remove the proposed extension of the right of first refusal, enabling the obligation to last in perpetuity.
It seems a helpful change to enable the local authority—or, more likely, a nominated housing association—to have a long-lasting opportunity to reacquire a right-to-buy property when it is being sold. The price paid would be the full market value, and it would be determined independently so would involve no loss to the outgoing occupier. Indeed, the vendor could expect a save on fees to estate agents. Although a social landlord buying at full price a home that they previously sold at a substantial discount sounds like a nonsense, this may well be the only or best way of securing the affordable homes that are so badly needed. Indeed, the Government have a fund—the local authority housing fund—specifically to enable councils to buy and modernise existing property.
If, as is likely, the property in question is on an estate or in a block of other homes managed by the local authority or by a housing association, the management and maintenance costs will be more economical for a social landlord than for anyone else. In the case of major upgrades to existing houses or flats on social housing estates, or even their redevelopment, being able to acquire the property will be essential, and the right of first refusal means that they cannot be held to ransom. Extending the right in perpetuity sounds sensible to me.
I added my name to Amendment 20, in the name of the noble Lord, Lord Cameron of Dillington. The Bill, in listing exceptions to the right to buy, includes
“an area designated by regulations made by the Secretary of State as a rural area”.
In the past, the areas designated as rural exceptions have covered barely 60% of council homes in rural areas. My noble friend’s amendment seeks to define in a fuller way what a rural area should mean in this context. The case made by my noble friend is twofold: first, that rural areas at large have a particular problem with the right to buy; and, secondly, that for many years those working in rural areas have grappled with an inadequate definition of what comprises a rural area. The amendment makes plain that the exception to the right to buy would cover all sparsely populated areas with populations below 3,000. Clarity on this exemption would be greatly welcome.
I see the case for the widest possible exemption as very necessary. The extraordinary difficulty for the next generation of finding anywhere affordable to live in the rural communities of North Yorkshire, for example, was highlighted at an illuminating event at Ripon Cathedral just last Friday. We learned that social housing comprises 17% of the nation’s homes—and in passing I should make the point that social housing is determined or defined differently in different countries. The noble Lord, Lord Young, said that, in this country, social housing at 17% sounds rather high compared with some European comparators, but in reality in Europe the housing co-operatives and the co-ownership housing schemes—which are subsidised social housing in our sense—are not counted in those same statistics, giving a rather different comparison between us and other countries.
The extraordinary difficulty for the next generation of finding anywhere in North Yorkshire to make their home and remain in an area where they were born, were brought up and now are working was highlighted at this event. We learned that, although social housing comprises 17% of the nation’s homes across the country, in North Yorkshire the figure is only 6.7%. Local people, supported by the excellent rural housing enablers, funded in part by Defra, have struggled to secure a small number of new homes for rent and shared ownership. They have required the bringing together of willing landowners, committed housing associations, the local authority—the combined authority for York and North Yorkshire is behaving in an exemplary fashion—and parish councils. That is no small feat.
The loss of homes for future generations in these projects is not only a bitter blow, after all the work that has gone into their development, but poses an insuperable problem in trying to repeat the exercise to replace the homes that are sold under the right to buy—remembering that 40% of all right-to-buy homes sold are now owned by private landlords, letting at rents of up to three times the previous council social rents. In many rural areas, permanent social housing lettings purchases under the right to buy have gone for Airbnb and other short-term lets.
Where can another site be found to build replacement homes for those that are sold? It may have taken five or even 10 years of persistence to achieve the development for local people. Can this effort be repeated to compensate for the loss of such badly needed accommodation? While there are question marks hanging over the long-term usefulness of homes in these rural developments, how many landowners can be expected to donate sites for them or make land available on very favourable terms?
I strongly support the clarity that we hope this amendment would bring. As I understand it, this chimes with the position of the Minister, who has commented on this issue and whom I have not found so resistant to amendments proposed by noble colleagues.
My Lords, I tabled Amendments 21, 23 and 24. Amendment 21 is designed to try to understand how the Bill works. It is my understanding that there already are regulations on what is defined as rural, and that they are set out as the noble Lord, Lord Cameron, referred to and use the 3,000 population as a base. As far as I am aware, when the population of a parish or village goes over that, it is not automatically removed from being rural—far from it. At the moment, it requires more regulation to be undertaken. That is why I am trying to understand why
“The power under sub-paragraph (2)(b) includes the power … to repeal”
something that is not yet law. I would like to understand how that will work in practice.
Contrary to other noble Lords, I am generally supportive of the right to buy in rural areas. I have heard the arguments multiple times about land, and I do understand that issue. But I am also conscious that the risk is that a lot of villages and small rural places start to become dormitory towns. Thinking about local families, I strongly support seeing what we can do to acquire more land to get more homes, but the issue is often a mixture of where there are jobs and where there are affordability issues in regard to LHA and, frankly, people want to be able to have their family continue in that particular small village or small town. But of course there is no right to pass on council houses or social housing to your children. Would it not be better if we had some way of keeping that character and sense of community by allowing parents—or perhaps a family clubbing together—to buy that social house? There would then be that sense of continuity from generation to generation.
Quite often, it is these same families who volunteer for the RNLI, and I appreciate that there is a technical or operational challenge with people who perhaps are volunteer firefighters. Let us bear in mind that most of the countryside does not have a fire station unless it is manned or staffed by local volunteers, which is quite extraordinary. The constituency I used to represent, of 280 square miles, did not have a single full-time firefighter in it but relied entirely on people who lived and worked locally. It is that lack of continuity of community, and of families who have lived there some time, that I am concerned about. I am concerned that will be lost if somehow there is not this element of being able to try to pass on one property in one family from one generation to the next.
On Amendment 23, quite straightforwardly, thinking of the escalator to home ownership and shared-cost or shared-ownership accommodation, I have never understood why that just stops at 75%. You are given part of the way to home ownership, but it makes you think, “What on earth is the point?”—especially when, quite often, it is pretty difficult to pass on and sell a lot of these homes. People have gone into them thinking that they are their way to get on to the home-ownership ladder, only for the ladder literally to be cut off before they can reach the end. That is also challenging when it comes to getting things such as mortgages and selling on. So I want to understand why we cannot do something more about that.
(1 year, 3 months ago)
Lords ChamberI am grateful to noble Lords around the Committee for their support for the amendment. I thank the noble Lord, Lord Truscott, who emphasised the urgency of the situation, and the position in many other places—Paris, Barcelona, Menorca, Santa Monica —where other countries are getting ahead of us in taking action that we should probably learn from. He mentioned, as did the noble Lord, Lord Young, the disruption to other residents that comes from short-term lettings, and the nuisance of parties, fly-tipping and security problems. That is not the main reason for the proposed amendment, but it is an important additional factor, which emphasises its importance.
The noble Lord, Lord Young, said that we must strike a balance between the interests of the tourism industry and the interests of those who are looking for somewhere to live—and the local authority is best placed to do that. The noble Baroness, Lady Coffey, was a bit worried about owner-occupiers being badly affected and not being able to let out their properties, when they were on holiday, for example. I think the amendment takes care of that; it certainly should. It is not the individual owner who lets out their spare room, or even the whole house, for a week or two that we are talking about here; it is the businesses that operate on some scale.
I am grateful to the CPRE, the Countryside Charity, for helping to formulate the amendment, and I give many thanks to the noble Lord, Lord Jamieson, who made important points. We must protect the current supply of accommodation at a time when we are worried about the loss of any homes, which are badly needed. I will withdraw the amendment, but, as I do so, I thank the Minister for telling us about registration. I think that the timescale was that testing would take place for a new registration scheme for short-term lettings over the next 12 months, with a first version then being tried. It is all good stuff, but it sounds slightly slow—the “as soon as possible” bit was the best bit.
The Minister said that other solutions, alongside the possibility of introducing a use class that works—that must be part of it—were being considered. Pulling the right levers is obviously going to be important. Yes, the Government are prepared to do something, but they should take away the message that the speed at which it is done will be important too. We cannot let this fester much longer. With those comments, I beg leave—
The noble Lord referred to my comments. What I was doing was reading out his amendment where it says:
“Where a property has been let subject to an assured tenancy or assured shorthold tenancy at any time in the preceding three years, it must not be let as a short-term rental property … unless a change of use has been permitted”.
I was trying to understand whether, when there is a change in ownership—not just any old renting out if somebody goes away—that would prevent a new owner-occupier being able to do what is suggested without planning permission. I was just trying to understand his own amendment.
I am grateful for that point, which sounds entirely valid. We may need to refine still further the amendment that we are all working on. I beg leave to withdraw the amendment.