Renters’ Rights Bill

Baroness Williams of Trafford Excerpts

Monday 12th May 2025 Lords Chamber

[Lord Jamieson (Con)]

My Lords, I will speak to the amendment in the name of my noble friend Lady Scott of Bybrook, which rightly brings the issue of abandonment to the attention of the House tonight.

I wish to be brief, but I will take the opportunity to pose several questions, so that the Minister can set out the Government’s position. The Government are correct to note, in their Explanatory Notes, that Part 3 of the Housing and Planning Act 2016, which sought to address the recovery of abandoned properties, has never been brought into force. However, in light of the significant changes now proposed to the grounds for possession, I ask the Minister: have the Government sought to revisit this? With the departure of Section 21 and the insistence that landlords must rely on specific grounds for possession, as outlined in Schedule 1, what options are available to a landlord if a tenant abandons their property?

I would welcome clarity on several practical matters. For example, is there a requirement for specific types of evidence of abandonment, in terms of format, scope or detail? How many attempts must a landlord make to contact the tenant? I understand that this may appear later, but, as the Government have refused to implement these changes gradually, these really are burning questions.

Next, with no distinct legal ground for abandonment, how does the Minister propose to ensure that landlords understand how to use grounds 8, 10 or 12, which appear to be the only potential avenues in such cases? Additionally, I would be grateful if the Minister could outline the current average wait time for a court order in such circumstances. What, if anything, is being done to address the underlying causes of tenant abandonment?

I fully recognise that this issue extends beyond housing policy alone. However, ensuring that tenants are able to remain in their homes, and feel secure in doing so, is not only beneficial to them but vital to the health of our wider society and economy. In connection with this, I also ask: from the landlord’s perspective, how is one expected to assess the risk of a tenant returning after a property is believed to have been abandoned?

It appears there is currently no specific legal ground for possession on the basis of abandonment. While the Minister may point out that the incidence of abandonment is low, this is not a justification for leaving the issue unaddressed, particularly now, when the framework for possession is being overhauled. Getting abandoned properties back into the rental market will allow others to benefit from that tenancy and a tenant who has abandoned a property to not accumulate further unpaid rent.

I ask whether the Government gave any consideration to amending Part 3 of the Housing and Planning Act, especially in light of the proposed removal of assured shorthold tenancies, which Part 3 originally referenced.

I hope the Minister will take this opportunity to provide clarity and, where necessary, commit to reviewing this area further. I look forward to her response.

[Baroness Williams of Trafford (Con)]

My Lords, before the Minister stands up to respond, I just make the point that it has gone midnight. We did not start consideration of Committee until 8.30 pm. That has meant that people have gone home without putting forward their amendments, and there has not been proper scrutiny on the last few groups. The Committee has done amazingly well to get as far as it has, but it has now gone midnight. I do not know if the Whip intends to resume the House.

[Lord Wilson of Sedgefield (Lab)]

I will resume the House at the appropriate time. This is not the first time where debates have gone beyond midnight: on day 1 of Report, the Great British Energy Bill went to 1 am. I do not intend to take this much further. I want to stop at Amendment 206, which is another two groups, and then that will be it. Hopefully, we will be finished very shortly.

[Baroness Williams of Trafford (Con)]

The reason we are on the penultimate group is because people have not been in the Chamber to move their amendments in Committee. There have been very short debates in Committee, and some very important groups in Committee have just been glossed over—that is my point.

[Lord Wilson of Sedgefield (Lab)]

As I said, I want to get to Amendment 206. There is only one amendment that has not been moved. There have been other debates that have gone on until 1 am. If we spent less time discussing this aspect, we could finish quite soon.