Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill Debate

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Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Siobhain McDonagh Excerpts
2nd reading: House of Commons
Friday 19th January 2018

(6 years, 2 months ago)

Commons Chamber
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Clive Betts Portrait Mr Betts
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Yes, there is a history; the history is that we have not got it right, and that is what we are trying to do this morning. I take the point about the housing health and safety rating system. There have been various efforts in that regard, but in the end the position is still that housing that is unfit can be let to tenants, and that is what this Bill is putting right. In some ways it is going back to the 1985 legislation, which unfortunately has been overtaken by inflation as the rental figures in it are now so far out of date that in effect the legislation cannot be used at all. The Bill is turning the clock back to a previous situation and doing so in a very appropriate way.

In terms of the 1985 legislation, the Bill is updating the fitness standards, because it is taking the standards from that legislation but adding to them the fitness standards from the 2004 legislation and making a more comprehensive definition of what fitness should be. It is bringing the two together in a more comprehensive way: it is turning the clock back to 1985 and then modernising and updating the legislation, incorporating the 2004 standards as well, making a more comprehensive definition of fitness to ensure that the homes that are let truly are fit for people to live in.

Giving the powers to the tenant as part of their contract with the landlord means that tenants in local authority housing have the same rights and powers as those in the private sector or a housing association property. It means that any tenant in any rented property has these rights to take enforcement action against their landlord to ensure that their home is brought up to a certain fitness level. The Bill therefore does three things: it ensures that any home has to be fit for the tenant to live in; it updates the fitness standards; and it applies the legislation to local authority housing as well as other forms of rented housing. For those three reasons, the Bill should be supported.

The right hon. Member for Kingston and Surbiton (Sir Edward Davey) referred to the housing health and safety rating system. When the Select Committee looked at issues to do with the private rented sector in 2013, we called for a review and an update. The guidance on that system has not been changed since 2006 and is now out of date.

There are also questions as to whether the risk-based system is understood by many people. It is complicated and difficult to understand. Most of the professionals might understand it, but the fact that there is not an absolute definition of what is fit and what is not is a problem. Many landlords do not understand it, and if landlords do not understand it, the chance of tenants understanding it are very small indeed. Another look should be taken at whether there should be some basic standards as opposed to simply a risk-based system.

There is something strange about a system under which a house let to one tenant can be deemed unfit with that tenant in it, but if the tenant changes and a new tenant moves in, the house can then become fit, despite no work having been done to it, because the second tenant might be deemed to be less of a risk than the first tenant—under a risk-based system, the level of fitness changes with the change of tenant. That is difficult for most people to understand and we will have to revisit it.

There are also questions about local authorities’ ability to take enforcement action in a range of areas. The Select Committee is currently conducting an inquiry into the powers and resources that local authorities have to carry out enforcement in the private sector.

Siobhain McDonagh Portrait Siobhain McDonagh (Mitcham and Morden) (Lab)
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I recently submitted a freedom of information request to local authorities in London to see how many people had pots of capital to do works if landlords did not do so. The stunning answer was just two, so our laws cannot be enforced at the moment.

Clive Betts Portrait Mr Betts
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This is a problem: we are certainly getting a lot of evidence to that effect, and we are having our second evidence session next Monday.

The Government are bringing in more powers for local authorities to act, and they are welcome. They include, for example, the banning orders that will come into effect in April, which will affect the worst landlords—whose names ought to be up there in lights so everyone can see what they are up to. The Government’s decision to extend the HMO—houses in multiple occupation—definition of properties that need licences to properties with two storeys is right as well. I argued under the Labour Government for that definition, but unfortunately at the time we could not persuade Ministers to include properties of two storeys, so I am pleased this Government are doing that. It will mean more work for local authorities, however, as well as more powers. I hope the Government bring in the requirement that all private rented homes should have their electrical systems checked every five years, too. This consultation has been a long time coming, but I hope that that comes in as well. Again, however, it will mean more work for local authorities.

The Bill essentially gives tenants powers to act, but in reality tenants are going to need support and assistance. They might contact the excellent Shelter telephone helpline, which is based in Sheffield, or Citizens Advice or other advice agencies, or they might go to their MP or local councillors, but very often they will go to their council to seek help and assistance. Although the primary requirement of this Bill is to give powers to tenants, in the end they might well go to the local authority, so with all the other—very good—measures that the Government are introducing, the extra powers for local authorities to take enforcement action and this Bill might put extra demand on local authority officers. The issue of resources is still fundamental to getting this problem sorted out. That will be raised as part of our Select Committee inquiry, and Ministers ought to be listening: without the resources, local authorities will not be able to offer tenants the assistance they need which would make this legislation effective.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill Debate

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Department: Department for Levelling Up, Housing & Communities

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Siobhain McDonagh Excerpts
Committee Debate: House of Commons
Wednesday 20th June 2018

(5 years, 9 months ago)

Public Bill Committees
Read Full debate Homes (Fitness for Human Habitation) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 20 June 2018 - (20 Jun 2018)
Siobhain McDonagh Portrait Siobhain McDonagh (Mitcham and Morden) (Lab)
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For all those people who are cynical about MPs, the Bill stands out as a shining light. My hon. Friend the Member for Westminster North regards very seriously her role of doing casework and understanding the problems of her constituents in a built-up urban area where the demands for housing outstrip supply, and where landlords can behave as they choose.

We are all beginning to understand that our local authorities are either unable or unwilling to take action to resolve many of those problems. That is either because they do not have the finances to do so or because they are concerned that, if more private tenants are evicted by landlords, they have to take on the responsibility for rehousing them and are unable to do so.

This is a great Bill born out of a great place by a great campaigning MP, but our constituents and vulnerable tenants will be able to take action only if they have support. Once again, we will fall back on the great work of our local law centres and legal advice agencies, which are also experiencing great demand and difficulty. I would be grateful if the Government took on board what needs to be done to allow the words on the page to become reality and enable some of our most vulnerable constituents to take action against their landlords.

Heather Wheeler Portrait Mrs Wheeler
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It seems appropriate to wrap up my comments here. It is great news that everybody on the Committee completely agrees with the Bill. In broader terms, everyone deserves a safe and decent place to live, regardless of tenure. The vast majority of landlords work hard to ensure that their tenants live in decent and properly maintained properties. The majority of tenants are satisfied with their home, but for a minority of tenants the picture is very different.

According to the English housing survey, the social rented sector contains about 250,000 properties out of 4 million-plus with at least one serious hazard. The situation is worse in the private rented sector, where approximately 800,000 properties contains at least one serious hazard. It is unacceptable that anyone should have to live in a property with serious hazards, and we are determined to ensure that all landlords either meet their obligations or are forced to leave the sector. Local authorities have strong and effective powers to require landlords to carry out improvement works, and we expect them to be used.

We recently introduced a range of additional powers through the Housing and Planning Act 2016. Those powers include the abilities to impose a civil penalty of up to £30,000 and to ban the most serious and prolific offenders, potentially for life. We know that many local authorities are already making good use of the powers. Torbay Council, for example, has used revenue from civil penalties to fund an extra enforcement officer for its housing team. There is more to do, however. That is why the Government strongly support the Bill, which will help drive up standards in rented homes and ensure tenants get a fair deal.

The Bill will not introduce new obligations on landlords. They can already be required by their local authority to rectify any serious hazards in their property. The Bill empowers tenants to hold their landlord to account in the courts, rather than having to rely on the local authority to take enforcement action on their behalf.

--- Later in debate ---
Heather Wheeler Portrait Mrs Wheeler
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Indeed. Interestingly, when a tenant might take a landlord to court because of a hazard, we know that 75% of those hazards are visible, such as uneven floor surfaces, excess cold or damp and so on. Where a tenant has concerns, they should ask the local authority to inspect and determine what level of hazard it is. Bodies such as Citizens Advice and Shelter can also give advice on such matters.

Siobhain McDonagh Portrait Siobhain McDonagh
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Is the Minister aware of how many London boroughs have capital funds to do works in default where such problems in the private rented sector are very high?

Heather Wheeler Portrait Mrs Wheeler
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That is exactly why we have got the fines of up to £30,000 that can be levied. As I have explained, Torbay Council has been on the front foot. It has now employed another person because of the fines it has levied and received. I think that answers the hon. Lady’s question. Councils need to step up.

It was clear on Second Reading that there is wide cross-party support for the Bill and general agreement that we need to act now to require landlords to proactively ensure that their properties are free from hazards at the outset. Not to do so would be unfair on good landlords who are in the majority and who do keep their properties properly maintained. It would also mean that those tenants living in a property with serious hazards would be unable to hold their landlord to account.

It is important that tenants clearly understand their rights and know what to do if something goes wrong. Subject to the Bill successfully receiving Royal Assent—we hope it will be in spring 2019, to answer the question of the right hon. Member for Wentworth and Dearne—we will produce a short guidance document for tenants that will explain their rights under the legislation and how to represent themselves in court, should that prove necessary. The guidance will complement the “how to” series of guides produced by my Department, which have recently been revised and expanded. The revised versions will be published shortly. Tenants are already protected from retaliatory evictions where the local authority has confirmed that there is a legitimate complaint regarding a hazard.

The Bill sits very well with the range of initiatives that the Government have taken to improve conditions in the private rented sector. We have introduced fines of up to £30,000 for a range of housing offences. We also introduced legislation allowing tenants and local authorities to reclaim up to 12 months’ rent for offences such as failing to comply with an improvement notice or a prohibition order. We have also introduced banning orders, potentially for life, preventing the worst landlords from renting out property. We are not resting on our laurels, however; we know there is still much more to do to drive up standards. That is why we are legislating to ban letting agent fees for tenants, thereby reducing costs and improving affordability.