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Renters’ Rights Bill Debate
Full Debate: Read Full DebateBaroness Neville-Rolfe
Main Page: Baroness Neville-Rolfe (Conservative - Life peer)Department Debates - View all Baroness Neville-Rolfe's debates with the Ministry of Housing, Communities and Local Government
(1 year, 3 months ago)
Lords ChamberMy Lords, I rise to support Amendment 64, in the names of the noble Lord, Lord de Clifford, and the noble Baroness, Lady Bowles, to which I have added my name. They have both spoken with immense good sense and from knowledgeable positions. I am sorry that I was not present at Second Reading, but I believe that it is essential that the Bill allows a landlord to seek possession of a property where it is needed to house a carer or carers for the landlord or his or her family.
I will illustrate the problem with a case study of my own, and in so doing declare an interest. My husband and I own a house close to our own in a small Wiltshire village which we bought for use by a carer as and when we reach that stage. We usually let it out, in the meantime, to local people, and it appears in my register of interests, to which I refer the House. With the demise of shorthold tenancies, we face the prospect of not being able to get it back once let again. Moreover, even as and when we do offer it to a carer, if the appointment does not work out, we lose the property.
We have discussed in other debates the importance of carers, the problem of supply of beds in old people’s homes and support for the elderly. This is a particular problem in rural areas like ours, making it all the more important to encourage independent provision. I urge the Government to think again on this and return on Report with a suitable amendment.
I am glad that the Government more generally are increasingly realising the bad effect of too much regulation on growth and competitiveness, which is well documented now in academic literature. Coming to this Bill, and indeed this group, cold from my common-sense ex-business perspective, I felt a chill down my spine. Most landlords, in my experience, are reasonable, but there are several well-intentioned amendments before us today seeking to tighten regulation and add further detail and impractical conditions. These could have a profoundly perverse effect and put more pressure on the overworked courts. For example, the amendment on discretion would certainly increase their workload, and, in practice, these would further reduce the supply of rented property.
We heard this week at Questions that this had collapsed as a result of this Bill. An overheated market, in the words of the noble Baroness, Lady Jones of Moulsecoomb, is thus being fired up further. This is what we need to work on together to reverse and keep good landlords in the sector, as the noble Lord, Lord Carter of Haslemere, explained, saying that Savills thinks landlords will need 1 million more rented homes by 2031. That does not now look possible. I just hope that the Government will think again, resist burdensome additions and consider some sensible lightening of the burden of the kind that I and my fellow Peers propose in this amendment. Other examples would those given by the noble Lord, Lord Carter, in Amendment 60 and the noble Lord, Lord Cromwell, in Amendment 142.
My Lords, I refer to my declaration of interests with respect to this Bill, including a large portfolio of residential property in north Norfolk, 93% of which is let out to local people, key workers and direct agricultural workers, with only seven holiday lets and seven lets to family members.
This schedule is on grounds for possession, and some excellent amendments have been put forward, to which I urge the Government to give serious consideration. However, as a generality when talking about grounds for possession, as a landlord, I do not want to lose tenants. I hate voids. As an example, I have 47 tenants who have been my tenants for between 21 and 40 years, and 45 who have been my tenants for between 11 and 20 years. These are people I know. They are my friends, they are in the community, they are contributing to the community and they, of course, live in it. Many noble Lords have spoken about the importance of not losing good landlords, and this Bill, as it is currently written, is very much in danger of creating that reality.
I turn now to Amendment 63 in the name of the noble Lord, Lord Carrington, to which I have added my name. It is essential that we allow a property owner to manage his or her property for change of use to commercial, whether that be retail, office or industry.
Let us assume a farmyard with a cottage that has a sitting tenant. The landowner gets planning permission for a block of offices or retail. Those offices and retail are going to produce a huge kick to the economy, jobs for the builders and groundworkers, and then, once they are occupied, jobs for the people working in them. So it would not be right that a single person or a family living in a cottage could stymie that development. The reality is that a landlord who is sensible—which most landlords are—would have open communication with their tenant, explain what is going to happen and try to offer them a different property. If a tenant refuses to move, that will have a real effect on the economy. This Government—who talk about growth—really need to understand that, by not accepting this amendment, they will very much be stymieing growth.
I will give another example, again I am afraid from my own playbook. It is an example of planning permission—albeit for residential, which does not necessarily refer to this amendment, and on green belt land. We are building 23 houses at the moment. Eight are for private sale, four are for affordable rent, two are for shared ownership with Broadland Housing Association, four are for intermediate rent with Homes for Wells, which is not really a housing association, and five will be retained by us for private rent. If this Bill goes through as it is proposed by the Government, why would I bother? It is really important that the Government listen to all these sensible amendments being proposed and I really hope the Minister will do so.
I do not know whether the noble Lord was present on Tuesday, but we had an extensive discussion about the impact of the Bill. I set out the Government’s assessment that it will not have an unreasonable impact on letting, and that the department will carefully monitor the Bill’s impact going forward.
Before the Minister sits down, would it be possible, before Report, for her to look at the latest situation? On Tuesday, we had an exchange on the negative impact, which woke me up to all this. I think the last thing that either side of the House wants is fewer houses to let; I think the opposite is our general objective.
Renters’ Rights Bill Debate
Full Debate: Read Full DebateBaroness Neville-Rolfe
Main Page: Baroness Neville-Rolfe (Conservative - Life peer)Department Debates - View all Baroness Neville-Rolfe's debates with the Ministry of Housing, Communities and Local Government
(1 year, 1 month ago)
Lords ChamberMy Lords, I added my name to this amendment and spoke during previous Bill stages. I declare my interests as a private landlord, in my own right and also as a trustee, and as having a relative who purchased the flat above theirs when a carer was needed, which was going to be the case in due course. That planning is now, of course, in some disarray: they wonder whether they must evict the present tenant and bring forward the employment of a carer, even though that is not yet necessary.
Since the discussion in Committee and since speaking with the Minister, whom I thank for her time, I have spoken to various care organisations, which are all supportive of the amendment. They made some recommendations that lie behind the changes in language since the amendment was tabled in Committee. The care organisations have taught me that there is a very wide way in which carers are used, both in the regulated sector and outside it, on which many people rely for vital tasks, health and personal care. Absent the voluntary sector, a lot more costs would fall on health and social services.
However, it is not always easy to find a family member who can do this. Families are much smaller nowadays—my husband and I were adding up what has happened in our own family and, if we chase it back, 14 at our age level will end up being replaced by far fewer at the grandchild level. With those kinds of circumstances, with many more people working, women not wanting to stay at home and families spreading much further from where they grew up and from where parents or others needing care within the family might be, the care organisations say that the reliance is on what they term “loved ones”. It is a very wide phrase; quite often, it means friends and neighbours whom they have lived close to who have helped one another during their lives. When one of them falls ill or becomes disabled or, in many sad cases, is a survivor of cancer who has been left with life-changing circumstances, they become the carer who helps them. As their condition deteriorates, it may be necessary for the carer to be nearby.
The care organisations that I have spoken to, and which support the amendment, are the Homecare Association, Care England, the National Care Forum, the National Care Association and Carers UK. I thank them for their time and recommendations.
We are quite aware that the Minister does not want to create loopholes—that was the main feature of the discussion that we had. For that purpose, we have provided that regulations can be made to amend the definition of “carer”. In many ways, I would prefer it if we did not have that there, because the Minister could make regulations that took away anything useful, but I am hoping that it would be done only in the light of experience if one found that the term was being somehow abused.
In considering carers, we also need to look at care patterns. Many people who need serious care have several carers, who have to operate in shift systems, whether that be daily, weekly or monthly. Sometimes, the carer may come from overseas and stay for six weeks, and then they go back and somebody else comes in, so there is a rolling pattern. It will be very difficult if they cannot necessarily be conveniently located.
So I ask the Minister to think again. Yes, there may not be a great number of people who would be helped by the amendment in the way that a huge number of renters will be helped by the Bill, but in a civil society being a minority has never been a ground for discrimination. Therefore, I ask the Minister to think about this and to understand that, like her, we do not want cheaters to abuse this; we want people who are in need of this service to be able to avail themselves of properties that, often, they have bought to plan for their care—and, indeed, in order not to be a burden on the state. Should they not be allowed the peace of mind that they will be able to fulfil those plans?
My Lords, I also support Amendment 21 in the name of the noble Lord, Lord de Clifford, and the noble Baroness, Lady Bowles, to which I have added my name. I am particularly grateful for the warm words of my noble friend Lord Jamieson and for the support of the various carers organisations which do such an important job in our society.
The Bill will allow a landlord to take possession of a property for a family reason. Our small extension would allow a nearby property to be taken back in hand if it were needed to house a carer. In the meantime, it would be available, for example, as a dwelling for a struggling local couple or an individual seeking a home.
With ever-growing numbers of the aged and disabled, with the move to smaller homes and smaller families, and with a scarcity of care homes and hospices, the provision for short-term housing of professional carers, often changing at short notice, will become more and more important in coping with our ageing population. This is particularly true in rural areas, which are being so battered by other changes the Government have felt it necessary to make.
I declare an interest, recorded in the register, as the owner of such a cottage bought specifically for a carer and generally let to a local on a shorthold tenancy. Such tenancies have expanded the rental market hugely in this country and will be completely swept away by the Bill. So, we need to do what we can together in this House to moderate its perverse consequences—notably in this case to make things better for carers. Fortunately, neither my husband nor I yet need a carer, but we may need one eventually, and my concern, like that of the noble Lord, Lord de Clifford, is a general one. I can guarantee that I am not alone.
I have no idea how the Government will find the 1 million more rented homes Savills believes we need by 2031 unless they make some sensible technical changes to the Bill, which is being constructively debated by knowledgeable experts here in this House. Our Amendment 21 falls into that category. I hope others will join us in the Lobby and in calling on the Government to think again on this issue.
My Lords, I did not intend to speak to this amendment but, since I am, I declare that I do not rent out any residential property, but my children are tenants and rent out property in their own right. There are two sources of potential misery here: one is turning out a tenant, the other is being unable to provide care for a family member. I know how I would feel if I was in a situation where I had to deny a family member professional care despite owning a property that could accommodate a carer. I am interested to hear how the Minister feels about this, what she would do in those circumstances, and what other Members of this House would do if the noble Lord, Lord de Clifford, calls a vote on this matter.
Renters’ Rights Bill Debate
Full Debate: Read Full DebateBaroness Neville-Rolfe
Main Page: Baroness Neville-Rolfe (Conservative - Life peer)Department Debates - View all Baroness Neville-Rolfe's debates with the Ministry of Housing, Communities and Local Government
(10 months ago)
Lords ChamberMy Lords, I will speak to Amendment 64B from the noble Lord, Lord de Clifford, to create a new possession ground for carers. I know that every noble Lord here appreciates and values the important work that carers do in our communities. It goes without saying that we should take every step possible, every step we reasonably can, to help them in their work. The noble Lord has been thoughtful and very considered throughout these discussions, and clearly has the best interests of carers at heart, as he has again shown.
I understand that this is a difficult issue and appreciate the arguments that landlords who organise their own care are not burdening the state and that they should be able to utilise their properties to do just that. On the other hand, I note that these debates have previously highlighted—as the noble Lord, Lord de Clifford, has again today—the difficulty of housing carers, for example in rural communities.
The scarcity of housing in rural areas also raises the counterpoint of the plight of the tenant. These tenants may be the local teacher or work in the post office—long-term members of the community who do not own their own homes. To evict them to house a carer for a landlord who may possibly be in the area for only a couple of years will upend their lives and leave them potentially struggling to remain in the area. It is worth adding that the only way currently to test whether there is a genuine need for a carer is if the tenant challenges their eviction and the landlord has to go to court to obtain a possession order. Unfortunately, I am afraid, experience shows that many tenants will not do that, as they will simply leave without the landlord ever having to prove a carer was really required.
I appreciate that this is very much a balanced argument but, on balance, I am of the view that allowing tenants to be evicted through no fault of their own in order to house carers for landlords is not the right approach, because of the threat and disruption this would cause to tenants and the scope for wider misuse of this ground. As the noble Baroness, Lady Thornhill, said, we should not underestimate the danger that this could become a loophole for unscrupulous landlords. There are enough of them, as we all know and realise from our experience in the private rented sector, so this could be a real danger.
There are dangers and scope for wider misuse. In my view, therefore, the benefit to a relatively narrow group of landlords should not be allowed to outweigh that disruption, so I hope that the Motion is not moved to a vote.
My Lords, I refer to my register of interests as the joint owner of a small cottage in the village where I live.
I strongly support Amendment 64B, tabled by the noble Lord, Lord de Clifford. It has had the support of the noble Baroness, Lady Bowles, and of caring organisations, which would be helped immediately, not just condemned to wait for the Casey review, which we are all very keen to see. The amendment has been tightened up considerably by the noble Lord, Lord de Clifford, to avoid any abuse, in response to comments that the Minister herself made in Committee, which is very helpful.
The Government’s negative response is an example of their unwillingness so far to take the demise of carers seriously. Being able to provide accommodation for carers can make a real difference to their availability.
Not every carer wants to be a live-in carer, especially if they have families, yet we need growing numbers of carers. This is because there are ever-growing numbers of the aged and the disabled, as well as a scarcity of care home and hospice spaces. There is an acute shortage of housing and a scarcity of short-term accommodation, partly as a result of this very Bill. At the same time, we have smaller families, more couples having no children and more people seeing their relatives working or moving overseas. The need for hired carers is increasing, therefore, and those carers need short-term accommodation—it can sometimes be for years—as they move, over time, from job to job in different locations. We need to look at this. This change will be a small and totemic positive that would help both the caring sector and families in need. I invite the Minister to think again.
My Lords, I rise to speak to the amendment in the name of the noble Lord, Lord de Clifford. As previously, I declare my interest as a private landlord. In the context of this amendment, I had a relative to whom it would have applied; that interest no longer applies, as the Bill has caused plans to be advanced and the tenants in the relevant property were given notice under current law, but, of course, that does not take away my general concern around this topic.
This replacement amendment now has a narrower scope, applying only to homes needed to house carers in the immediate family—that is, the landlord, a spouse or children. Thus, it closes a loophole perceived by some of it being used by those with an awful lot of relatives, as was discussed with the Minister.
Some people have live-in carers. Others may need more than one carer or have progressive conditions. Whatever the reason—whether financial or in terms of availability—it may not be possible to have one large house to accommodate all the future carer needs under one roof or to sustain expenditure on such a property before it is required. People have to plan for the future deterioration of the person needing care and of the family members who are part of their support.
Some may have invested in an ideal adjacent property in good faith under current law as it became available. They may be using insurance payouts and—especially in the instance of children—are needing to plan for when parents are no longer around. Such plans have to be scrapped under this Bill, most likely resulting in property sales and earlier evictions. It may be a one-off readjustment, because nobody will make such plans in future, but is it really necessary to hit the vulnerable, such as children damaged at birth? That is among what we are doing.
To suggest that it is easy for affected people to set up and move elsewhere because they have the resources of more than one property is cruel. Avoiding upheaval can be an important factor, for reasons both of the health of the impaired person and of making bespoke adjustments to property—all of the equipment, bars, ramps, bathroom locations and so on. This is really not fair and not caring. I therefore support this amendment; with the narrower scope, I believe that it is a fair suggestion.