Baroness Lister of Burtersett
Main Page: Baroness Lister of Burtersett (Labour - Life peer)Housing and Planning Bill
Baroness Lister of Burtersett Excerpts
Baroness Williams of Trafford
I am not going to give way. If the noble Baroness wants to come back later, she can, after I have finished.
The noble Baroness, Lady Hollis, talked about protecting the rights of those in most need. Local authorities will be able to provide an appropriate level of stability to those with longer-term needs, such as the disabled and older people, through the granting of further social tenancies, whether in the same or a different, more suitable, social home. I have outlined how the provisions in the Bill will restore a sense of fairness to social housing, ensuring that it is properly focused on those who really need it.
Amendment 82GAE, tabled by the noble Lords, Lord Kennedy and Lord Beecham, seeks a published review of the effect of the policies on income and rent-setting and restricting lifetime tenancies,
“on levels of homelessness and rough sleeping in each local authority area”.
I thank the noble Lords for their amendment and for raising the issue of homelessness. I agree it is important that the Government do all they can to reduce the number of homeless households. The Government have always been clear that we are committed to supporting the most vulnerable people in our society and one person without a home is one too many. That is why we have maintained and increased both central and local government funding over the next four years. However, while I sympathise with the intention behind the amendment, I believe it may be unnecessary because local housing authorities already record and review the incidences of and prevention of homelessness and rough sleeping, and must produce a homelessness strategy.
Baroness Lister of Burtersett
What amendment is the Minister speaking to? I do not think we have got to these amendments yet. The noble Lord, Lord Bassam, has only had his own amendments.
Lord Kennedy of Southwark
I think there is a typo. We are on the wrong clause.
Baroness Lister of Burtersett (Lab)
My Lords, I shall speak in support of Amendments 82G and 82GA in my name, as well as Amendment 82E to which I have added my name. First, I want to explain briefly why Clause 113 and Schedule 7 should not stand part of the Bill. This follows on quite well from what the noble Lord, Lord Best, was saying, because, as I said at Second Reading, the Prime Minister declared in his recent life chances speech:
“This Government is all about security”—
not insecurity. He continued:
“Individuals and families who are in poverty crave security—for them, it’s the most important value of all”.
This is particularly true when it comes to housing, yet these provisions will destroy security for many in poverty or on modest incomes.
Shelter has observed that research shows that security of tenure goes to the heart of people believing they have a real, stable home—again picking up on the Minister’s call for us to keep coming back to that word “home”. More recent research just published by Heriot-Watt University, which interviewed tenants in current fixed-term tenancies, found considerable associated anxiety, especially among older people, people with health or disability issues and parents. As a lone parent with three children said:
“You can’t really sit back and enjoy the place like—because you always feel like you’re on borrowed time, so you’re always on edge”.
I believe that this measure undermines the Prime Minister’s own commitment to promoting security, but, if it goes ahead, it is essential that certain groups at particular risk are exempted and that those exemptions are enshrined in law rather than being left to the discretion of housing providers.
Amendment 82G would exempt those who would give up an old-style secure tenancy because they were fleeing domestic violence, the great majority of whom will be women. Shelter has argued that because social housing is generally allocated on the basis of need, there is a strong possibility that fixed-term tenancies will disproportionately affect people who fall into the equalities categories. I look forward finally to receiving the equality impact assessment on this measure, which I hope is a little more illuminating than the one that I have just received on pay to stay.
The Government have often repeated their welcome commitment to tackling violence against women and girls. The refreshed strategy, published last week, states that it will,
“provide victims and their families with support before a crisis point is reached and their only option is to flee their own homes—frequently with their children”.
That is very welcome, but Women’s Aid and other organisations working in this area fear that loss of genuine security of tenure will trap some victims in an abusive relationship for fear of losing their right to secure housing, not just if they move out but where domestic violence leads to the ending of a joint tenancy and the granting of a new sole tenancy in the name of the victim. As the chair of the Housing Law Practitioners Association comments, for such new tenancies to be fixed tenancies would be to penalise the victim for being a victim. I cannot believe that that is what the Government want.
A three-year longitudinal study carried out by the Child and Woman Abuse Studies Unit followed 100 women and their children as they rebuilt their lives after accessing domestic violence services from Solace Women’s Aid. Among its key messages was:
“Having a home in which women and children can feel and be safe is vital, removing the fear and insecurity which domestic violence creates”.
Housing insecurity interferes with all the processes that enable them to begin undoing the harms of domestic violence.
In a Written Answer on this issue, the Minister, Brandon Lewis MP, stated:
“Where existing lifetime tenants transfer, the provisions in the Bill ensure that local authorities retain a discretion to offer the tenant a further lifetime tenancy in their new home”.
I am afraid that is not sufficient. In the study I have just cited, women report that housing officers are frequently unsympathetic or disbelieving, or seem uninterested in their domestic violence histories. The security of victims of domestic violence cannot be left to the discretion of housing officers who might respond in this way. It needs to be enshrined in the Bill itself.
Similarly, with reference to Amendment 82E, the Government have indicated that regulations prescribing the circumstances in which a local authority may offer a further lifetime tenancy to existing tenants who move home will probably include where a tenant downsizes. But surely where they are downsizing because of the underoccupancy charge, this should be a clear legal entitlement and not reliant on local authority discretion. The Heriot-Watt study found that a number of people who have moved from a permanent to fixed-term tenancy because of the bedroom tax are particularly unhappy. One example was that of an older couple with serious health problems who had not wanted to move and now, after 17 years as secure tenants, had a five-year contract. The wife said, “I don’t think it’s fair at all. My husband is living on his nerves now, thinking about what’s going to happen at the end of the five years. He doesn’t need the stress or the pressure”.
I turn now to disabled people and their carers. Amendment 82GA would ensure that full-time carers and severely disabled people are given a lifetime secure tenancy when granted a social housing tenancy. I am grateful to Carers UK for drawing its concerns about the implications of this clause to my attention. It argues that shorter tenancies could have a very negative impact on carers and those for whom they care, creating additional unnecessary stress and anxiety as they countenance the possibility of having to move, with implications for care packages, availability of informal support networks which we heard about earlier, and suitability of housing, an issue I raised earlier with regard to pay to stay. If they have to move to the private sector, the problems only multiply. In some instances, carers have moved to be nearer a family member or friend for whom they are caring or moved to a suitably adapted property to care for them. If this now means giving up a secure tenancy, it could act as a real disincentive to fulfilling that caring role, at a potential cost to the local authority. Again, I cannot believe that this is what the Government want, so I hope they will consider giving a clear right to a genuine secure tenancy in such circumstances.
Finally, Carers UK has raised a related matter. Current social housing tenants have the right to improve and be compensated for improvements to their property. This can be very important in facilitating care or providing independence for a disabled person. Schedule 7 removes that right for tenants on a new fixed-term secure tenancy. Carers UK is again concerned about the possible impact on disabled people and their carers, making it even more likely than now that carers will suffer injury or ill health as a result of caring. Can the Minister clarify exactly what is intended by paragraphs 12 to 14 of Schedule 7—not necessarily now because I realise that it is late; I would be happy with a letter. Will she consider exempting those with a fixed-term secure tenancy who make improvements to their home to care for or facilitate the independence of a disabled person? Once again, a meeting with some of the organisations representing disabled people and carers could be helpful.
The Duke of Somerset (CB)
My Lords, I rise briefly to support the thrust of this group of amendments. The provision to limit tenancies to five years seems an odd idea, implying as it does bad effects on social cohesion and localism. At a stroke it will remove any incentive to care for, improve or decorate a council house, or even to tend the garden. The noble Lord, Lord Best, told us eloquently about where opportunities for short-term tenancies already exist and the fact that they have not been taken up. It will also inhibit the putting down of any roots in the community. People who feel attached to a community are much more willing to invest in social togetherness by contributing to voluntary and social activities.
The Minister, in a previous grouping, described how she recognises an owned property when she visits because it is in such good order. Surely the reverse principle applies here, where the shorter the tenancy the less incentive there is for the tenant to be houseproud. The ending of secure tenancies after five years could recreate in council housing the problems we see nowadays in short-term private renting, where tenants often move on very quickly. This includes the landlord’s extra costs of redecorating or possibly refurbishment. Equally, extra administration costs are bound to be involved.
Turning briefly to schools, we know that many schoolchildren are not getting into their parents’ first choice of school. The Minister gave reassurance to the noble Lord, Lord Bassam, recently about school-age children and their families not being required to move on at the end of the five-year period. However, what about families whose children have not yet reached school age? Surely this will cause huge difficulties for them in their planning. It will contribute to stress and anxiety in the family. Where indeed would families be expected to go after their five years?
The greatest effect will be on those people on council housing waiting lists, adding enormously to their uncertainty. I support the amendments.
Baroness Evans of Bowes Park
I am just about to come on to some reasons.
Councils are already able to use flexible tenancies, as noble Lords have said, which are tenancies with a fixed term of two years or more. They have been able to do so since April 2012, when the changes introduced by the coalition Government’s Localism Act 2011 came into force, but they are not taking advantage of this flexibility. Instead, the vast majority of local authority tenancies—more than 90%—continue to be granted with lifetime security to people who may have only a short-term need. We do not believe that this is a good use of scarce social housing. As my noble friend Lord Young highlighted, there are 247,000 tenants who are forced to live in overcrowded conditions due to the lack of suitably sized properties, while thousands more occupy homes with more bedrooms then they need. Of course, there are also the 1.2 million households on council waiting lists that are waiting for a social home. We believe that the provisions in the Bill will ensure that social housing is properly focused on those who really need it for as long as they need it.
Amendment 82BB would ensure that new fixed-term tenancies have a longer term of 12 years in all cases. While I recognise that this would introduce consistency, I do not believe that this would be appropriate in all cases, as a household’s circumstances can change considerably in 12 years. The requirement for review points at two to five years will ensure that social housing is provided to those who need it most for the period of their need; that those with longer-term needs can be moved into more appropriate housing as their needs change over time; and that tenants can be supported into home ownership where this is a viable option for them, or offered support towards that in the longer term.
Amendment 82C would extend the minimum tenancy period from two to five years. In fact, most local authority flexible tenancies are currently granted for a five-year period, and we expect that this will continue to be the case, with two years used only in exceptional circumstances as now, and we propose to provide guidance to this effect. However, we recognise that there may be circumstances where shorter tenancies are more appropriate in order to meet short-term needs. Some councils are already using shorter tenancies to support young adults into employment and they could also be used to provide moves into accommodation for those recovering from drug and alcohol abuse. They may be useful for families who need a larger home for a short period only, or to make the best use of properties that are earmarked for demolition which would otherwise lie empty. We think that local authorities will welcome the continuing flexibility to grant shorter tenancies in these types of circumstances.
Amendment 82D would extend the maximum tenancy period to 10 years. As I have already said in relation to the previous amendment, a household’s circumstances can change considerably in five years, whereas the provisions in the Bill that will make five-year tenancies the norm will ensure that local authorities carry out regular reviews of their tenants’ circumstances. Of course, where a tenant’s circumstances are broadly unchanged, then the landlord will of course be able to grant a further tenancy in the same house.
Amendment 82E would guarantee that lifetime tenants of private registered providers—housing associations—as well as local authorities would have their security of tenure protected if they move to a local authority home. This would be the case whether they are moved by their landlord or apply to transfer. It would specifically protect those who have moved as a result of the removal of the spare room subsidy. As I have said, the Bill already gives local authorities discretion to offer tenants a further lifetime tenancy in limited circumstances and we have made it clear that we expect to regulate to ensure that those circumstances will include where tenants move to a smaller property. This would include where they move as a result of the removal of the spare room subsidy. In developing the regulations we will consider the extent to which they should apply to lifetime tenants who move from properties owned by a private registered provider.
Amendment 82F would guarantee all lifetime tenants a further lifetime tenancy if they move to another council home. We recognise that existing lifetime tenants may want to move home for a variety of reasons, and we do not want to stop them doing so. However, with more than 1.2 million households on council waiting lists, it does not make sense to guarantee that everyone who has a lifetime tenancy will always have their security protected if they choose to move.
Amendment 82FA would ensure that where existing lifetime tenants move and they are above pension age, or they are moving to a home which has been or is designed to be adapted for someone who is disabled, they will always get a further lifetime tenancy. Of course, I agree it is important that suitable accommodation is available for older people and those who need adapted accommodation, and that the system should be flexible enough to allow people to move as their needs change over time. Ensuring that tenancies are reviewed every five years will help make this happen. However, we do not wish to restrict mobility in the social rented sector, which is why, as I said, the Bill includes provisions to ensure that local authorities have the discretion to grant existing lifetime tenants a further lifetime tenancy when they move home. We will work with local authorities in considering the circumstances in which lifetime tenancies should continue to be granted and will certainly give serious consideration to the needs of the elderly and those who require adapted accommodation as part of the process.
Amendment 82G would ensure that where existing lifetime tenants move as a result of domestic violence they will be guaranteed a further lifetime tenancy in their new home. I fully appreciate the intention behind this amendment. In developing the regulations that determine when a local authority may grant existing lifetime tenants a further lifetime tenancy when they move home, we will give very careful consideration to whether this should include those who are moving home to escape violence or intimidation of any kind.
The intention of Amendment 82GA is to guarantee that existing lifetime tenants who are severely disabled or have mobility or care needs—as well as those who are full-time carers—will always get a further lifetime tenancy if they choose to move. Again, I certainly appreciate the motivation behind this amendment. It is clearly important that disabled people and those who have other mobility or care needs can move to more suitable accommodation as their needs change over time. As I said, this is one of the drivers of the tenancies. Once again, I can confirm that in considering the circumstances in which lifetime tenants may retain their security when moving to a new council house, we will give consideration to whether the circumstances should include tenants with severe disabilities, mobility issues or significant care needs, as well as those who need to give or receive care.
The provisions in the Bill will ensure that social housing is focused on those who really need it for as long as they need it. It will ensure that local authorities get the best use out of their homes so that more households are able to access social housing and so that social tenants who aspire to own their own home are supported into home ownership where this is a viable option. I hope my responses provide reassurance that the Government are committed to supporting mobility within the social rented sector and, importantly, to protecting the safety and well-being of citizens. I am very happy to have further discussion on these points and to meet any noble Lords who would like further information on these matters. I hope that, with these assurances, noble Lords will not press their amendments and that Clause 113 stands part of the Bill.
Baroness Lister of Burtersett
Could the Minister write to me on the point about Schedule 7—I know she referred to it—particularly in relation to people who have adapted their homes because of disability?
Lord Beecham
I will formally move it. I just think we need a proper debate, not at 11.30 pm, on the growing problem of homelessness and rough sleeping. We will deal with that on Report if the Government are not able to come forward with some assurances in the mean time. But it is too late to get into such an important issue, so I shall move the amendment formally.
Baroness Lister of Burtersett
I will speak to Amendments 82GB and 82GC. They would provide a right to succession and secure tenancy for a carer where there is no spouse or common-law partner. Without this, carers who have given up so much to care for a parent or sibling could be rendered homeless when the person they have cared for dies or moves into residential care, even if they have lived in the property for many years. This is because, as it stands, Schedule 8 to the Bill will standardise all secure council tenancies by removing the automatic right to succession for anyone but a spouse or common-law partner, as with all secure tenancies granted after 2012.
Carers UK demonstrates the potential impact of such a measure through the story of John, who gave up his music career to care for his father who had Alzheimer’s disease and his mother who had severe psychiatric problems, moving back into his parents’ council property to become a full-time carer in 2010. Last year, John’s father had a severe fall and was hospitalised, and later moved permanently to a nursing home due to his care needs. John’s mother has now become impossible to care for and the family are exploring the option of residential care due to her increasing needs. Under the Bill, if John’s mother moves into care, he will have no right to succeed to the tenancy and will be evicted from the family home by the council.
The least we can do for carers such as John, who gave up his career to care for his parents and depleted his savings in doing so, is ensure that they have the ability to stay in their home once their caring role ends. While local authorities will continue to have discretion to grant succession rights in certain cases, the guidance on this is very poor and must be updated to include carers—something I hope the Minister will look at. Better still, their right to succession where there is no spouse or common-law partner, should be enshrined in legislation.
Lastly, it is important to note that these amendments are in line with recommendations put forward by the Law Commission’s review of housing. The Law Commission recommended that in the absence of a spouse or partner a “reserve successor”, such as a carer, should be able to inherit the home if it is their only or principal residence. In fact, until 2012 the government guidance also recognised that those providing care should have the opportunity to inherit the tenancy. However, I understand that this section of the guidance to local authorities was removed in 2012. The Minister very kindly agreed to meet Carers UK to discuss the previous amendment. I suggest that we add this issue to the agenda for such a meeting, especially in the context of the Government’s carer strategy, currently in development, which looks at how we can better support carers across all aspects of their lives.
Baroness Evans of Bowes Park
I thank the noble Baroness for her amendment. While I remember, I will happily extend the discussion with carers’ groups to cover this as well as the previous issue. I know it is late, but before I turn to the amendments perhaps it would be helpful to say a few words about the provisions in the Bill.
Clause 114 introduces Schedule 8, which changes the rules on succession to secure tenancies and makes equivalent changes in relation to introductory and demoted tenancies. Currently, there are significant differences between the succession rights of secure tenancies granted before April 2012 and those granted after that date when changes introduced by the Localism Act 2011 came into force. These provisions will deliver a consistent approach across all local authority tenancies by bringing the succession rights to tenancies granted before April 2012 in line with those granted after that date. They will put common law partners on an equal footing with married couples and civil partners. Other family members of those with secure tenancies granted before April 2012, who may have had an expectation that they would succeed because they had lived with the tenant for at least 12 months, will lose their statutory right to succeed. Instead, local authorities will have discretion to grant whatever additional succession rights they consider appropriate. Where local authorities grant additional succession rights, we expect them to apply the same rules to tenancies granted before and after April 2012. However, we will provide guidelines to assist local authorities to exercise their discretion.