Tenant Fees Bill

Jim Shannon Excerpts

2nd reading: House of Commons
Monday 21st May 2018 Commons Chamber

[Dr Paul Williams (Stockton South) (Lab)]

It is a pleasure to follow the hon. Member for Walsall North (Eddie Hughes). Like him, I refer the House to my entry in the Register of Members’ Financial Interests, as my partner and I rent out properties, although we are also private sector tenants.

I wish to congratulate the Government on introducing this Bill. I was proud to be elected last year on a manifesto to increase rights for tenants, although any Bill should protect the role of good and ethical landlords too. Unfortunately, rogue letting agents have for too many years been allowed to profit from insecure tenancies, with some charging renewal fees every six months. Nearly all charge administration and referencing fees, and huge deposits, which are completely out of reach for low-income families.

I support the broad aims of this Bill, but I would like to draw the Government’s attention to one aspect that continues to leave tenants vulnerable to unfair fees. I have particular concern with schedule 1(4), which reserves the right for landlords and letting agents to charge tenants who are forced to default on their tenancy agreements. I believe people who rent through the private sector could be better supported by this part of the Bill. I understand that some agents and landlords currently charge a full month’s rent for tenants to be granted an early release, then every month’s rent and utilities while a new tenant is found. There are genuine instances where tenants are forced to end tenancy agreements, which they entered into in good faith, through absolutely no fault of their own: for someone living in the private rented sector who is made redundant from their job, benefits might not cover the rent, and any delays in receiving benefits will leave them in rent arrears. Someone might have had a family bereavement and might need to move to another part of the country or of the world. Someone might have a mental health crisis and need to be admitted to hospital. Someone might be off work with a serious injury and not receive sick pay, or they might need to flee domestic violence. Many letting agents and landlords are unforgiving in such circumstances and trap tenants in situations that they need to escape.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman is outlining extreme circumstances for tenants who rent properties. Does he agree that those people probably need legal advice, but do not have access to it when they need it most? Does he feel that the Government should look into legal advice for people who rent accommodation, then find themselves in difficulty?

[Dr Williams]

I would certainly like the Government to look at what advice and support is offered to people who find themselves in extremis.

Landlords’ loss of earnings do not compare to the trauma faced by tenants in a situation in which they just cannot pay the rent. Some such situations call for compassion. Let us remember that landlords have the right to increase their tenants’ rents as much as they want and can evict a tenant with two months’ notice without loss of earnings, but a tenant cannot leave a tenancy early in extremis. Why should landlords have the flexibility when the tenants do not? Surely, the Government must think more about the protection for tenants in such situations.

Many more children now live in the private rented sector than 10 or 20 years ago. With growing child poverty, any potential for charging households fees beyond the monthly rent and security deposit can be an absolutely debilitating blow to families on the breadline. I urge the Government to look at the Mind report, “Brick by brick: A review of mental health and housing”, which makes for particularly concerning reading. Published in November last year, it finds that the instability of the private rented sector is bad for children’s social, emotional and mental health. As a GP, I see the effect of that instability every week. Some 28% of all children in the north-east live in poverty, and more than two thirds of them are from working households in which one or two parents work full time. Nearly half of working-age people in poverty spend more than one third of their income on housing costs.

There is a strong case for the Government to strengthen the Bill further. Unaffordable housing affects a family’s ability to pay for essentials. From school uniforms to energy bills, to healthy and nutritious meals, families should not have to sacrifice the basics to keep a roof over their head. A healthy and stable home can support healthier children too. I urge the Minister to go away and look closely at schedule 1(4) and to protect people who have to default on tenancy agreements through no fault of their own. Let us think of someone who has lost their job, had a family bereavement or mental health crisis, is off work without sick pay or is fleeing domestic violence; the Bill should grant to tenants in such circumstances more financial protection from any charges from letting agents or landlords. I urge the Government to look into these issues more carefully.