Tower Blocks: Dangerous Cladding

Bob Blackman Excerpts

Tuesday 22nd January 2019 Commons Chamber

[Kit Malthouse]

I am sorry that the hon. Lady has not acknowledged the significant amount of work that has since taken place, not least the work of Dame Judith Hackitt, which has been seminal and foundational in our changing of the building regulations for the future. The hon. Lady should be under no illusion about the seriousness with which I take the matter. It has occupied very significant amounts of my time since I was appointed in the summer, including chairing the ministerial taskforce, having regular meetings with the team internally to make sure that we are driving performance and numbers and, critically, engaging with the Grenfell community, as I have done on many occasions, both individually and collectively. That included, movingly, attending the silent walk that took place just before Christmas. We believe this a significant part of our responsibility to make sure that everybody is safe.

As I said earlier in response to the right hon. Member for Wentworth and Dearne (John Healey), our primary concern is to make sure that every resident is safe tonight. Whatever measures are required—whether a waking watch, the retrofitting of heat sensors or smoke alarms, new doors, or whatever else it might be—our primary concern is that every local fire and rescue service can guarantee to the Department that everybody who is in a residential building of more than 18 metres is safe tonight.

The secondary concern of importance is getting the remediation done. We are making significant progress on that and will be accelerating that progress in the next few months.

[Bob Blackman (Harrow East) (Con)]

In evidence to the Select Committee, Rockwool has claimed that there are more than 1,600 high-rise buildings with unsafe cladding, rather than the 397—I think—that the Department claims. That is a clear, massive disparity. Will my hon. Friend make sure before he comes before the Select Committee next Monday that we are given a clear explanation of why there is this wide disparity and that he will take action to make sure that all 1,600 buildings are made safe?

[Kit Malthouse]

My hon. Friend makes an important point of which we should not lose sight: there are types of cladding other than ACM cladding. He will know that the Department issued advice to building owners in December 2017 on how to investigate non-ACM cladding systems on their buildings and remediate them. At the Secretary of State’s request, the expert panel reviewed and updated that guidance in December last year, and it reiterates that the clearest way to ensure safety is to remove any unsafe materials. We have commissioned the Building Research Establishment to conduct a programme of testing on non-ACM materials, and we expect that testing to start shortly.

Deaths of Homeless People

Bob Blackman Excerpts

Thursday 20th December 2018 Commons Chamber

[James Brokenshire]

In relation to the hon. Gentleman’s last point, absolutely not. The Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for South Derbyshire (Mrs Wheeler), is working very closely on that.

The hon. Gentleman asked about universal credit. I point to the £1 billion in discretionary housing payments that the Department for Work and Pensions has put in place to protect the most vulnerable claimants. As I mentioned, we are working with the DWP. He asked me about a meeting—actually, the DWP is part of the core group that helped inform the work on the rough-sleeping strategy. Indeed, we are very much working in close concert with the DWP to ensure that, where improvements can be made, support is provided. I know that the Secretary of State is looking at these issues calmly and carefully.

The hon. Gentleman also mentioned reaching out to those who work on the frontline. I speak regularly with a number of the charities and other organisations working on the frontline in this sector, and I will continue to make all the necessary visits to talk to those who have been sleeping rough to learn from their experiences and, as I have said, to take further action as required.

[Bob Blackman (Harrow East) (Con)]

Will my right hon. Friend confirm that, following the introduction of my Homelessness Reduction Act 2018, the statistics released by the Department covering the period from April to June this year show that 58,660 households have been directly assisted under that legislation? Will he also set out an urgent message not only to Members of this House, but to all members of the public, so that when they identify someone who is clearly sleeping rough, action can be taken to point those vulnerable people to the help and assistance that they desperately need?

[James Brokenshire]

I commend my hon. Friend for all his work and efforts in relation to the Homelessness Reduction Act. He points to some of the direct support that is happening as a consequence of that legislation coming into place.

My hon. Friend asks what people should do. Clearly there is the StreetLink app, which is a direct means by which people can identify someone who is living out on the street and see that they get the support and help that they need. From the conversations that I have had with many charities and the voluntary sector, it is clear that help is there. One of the challenges is getting people to take that help and getting them into accommodation where they will be safe and warm. I commend those groups for all of the action that is taking place.

Harrow Council Funding

Bob Blackman Excerpts

Tuesday 18th December 2018 Westminster Hall

[Gareth Thomas (Harrow West) (Lab/Co-op)]

I beg to move,

That this House has considered the future funding of Harrow council.

I have lived in Harrow all my life and I feel immensely proud of my community. Although I have disagreed a number of times with decisions Harrow Council has taken, I have always been grateful for the hugely important job that it and its staff do for my constituents and the wider borough. Harrow Council should be better funded, and I look to the Minister and his Department to begin to make a significant difference in that regard.

The council faces a number of distinctive challenges in the delivery of public services, which the lack of central Government funding is exacerbating. Harrow is the second most religiously diverse and the fourth most ethnically diverse borough nationally, with 61% from a black and minority ethnic background. Some 157 different languages are spoken in Harrow schools, and 28.5% of residents do not have English as their first language. That is significantly higher than the London average of 20% and the national average of 8%.

The number of Harrow residents aged over 85 is predicted to increase by more than 60% by 2029, and 15% are already aged over 65, compared with the London-wide average of 12.5%. We have the fourth largest EU population in London—it is estimated that around 50,000 EU nationals are resident in the borough. Low wages and in-work poverty are particular problems in Harrow. Wages paid in Harrow workplaces average £575 per week for full-time workers compared with the London-wide average of some £692.

Those challenges mean there is huge pressure on Harrow Council to deliver effective public services. Earlier this month, the council published its draft budget for next year, which spells out both the important work the council is doing and the dire situation it has been put in by Government cuts. After seven years of constant cutbacks, Harrow Council has had to find a further £17 million for the upcoming financial year. Harrow will have seen its main source of central Government funding—revenue support grant—fall by some 97% by 2019-20. It is estimated that over the four-year period from 2015-16 to 2018-19 the council needed to fund an £83 million budget gap to achieve balanced budgets. If we extend that period, it is estimated that by 2020-21 the council will have had to find £125 million to balance its budgets.

In addition to the cuts in revenue support grant, further money has been required to fund growth as a result of demand pressures, including rising homelessness, increased special needs placements and rising social care costs. Moneys have also been needed to fund the impact of inflation, capital financing costs and other reductions in specific grants, such as those to support schools. Under the new methodology for calculating revenue support grant, Harrow was the sixth hardest hit of the London boroughs in 2015-16 and 2016-17, losing some £10 million annually.

Harrow Council is one of the lowest funded councils in London. In 2015-16, its revenue spending power per head was £159, 17% lower than the London average, ranking it 26th out of the 32 London boroughs. A similar comparison with the England average shows Harrow’s revenue spending power per head was £127, 14% below the average, ranking it 105th out of 120 local authorities. Quite how the Prime Minister can claim that austerity is over is beyond me. In Harrow, as nationally, it feels unrelenting—frankly, it is getting worse.

In July, Harrow began the full transition to universal credit. More than 17,000 residents are expected to be on it by the time the transition is completed. Our housing market is under intense pressure—for many, rents are very difficult to afford—and in some parts of the borough 40% of children live in poverty. As in other parts of the country, demand for adult social care outstrips savings, as councils are asked to provide ever more with ever-diminishing resources.

Other public services in the borough with a significant interface with the council are also under severe pressure. Harrow is having to cope with a significant increase in violent crime at a time when police numbers are set to decrease further and funding for youth services has been cut by more than 75% in cash terms since 2010. The clinical commissioning group faces a deficit of approximately £50 million and has already cut popular healthcare services such as the Alexandra Avenue walk-in service in my constituency. With the highest proportion of over-85s in London, the absence of a local NHS service that might absorb with less fight some of the financial pressures arising from having proportionately more vulnerable older adults exacerbates the pressure on the council.

Schools, too, face ever-increasing financial pressures, making it harder for them to accommodate as many requests to help children with special needs as they might want to. As I mentioned, Harrow is having to cope with a significant increase in violent crime. We have already lost just short of 200 police officers, and the fear is that we will have to lose even more.

[Bob Blackman (Harrow East) (Con)]

I thank the hon. Gentleman, who is my constituency neighbour, for giving way. He is painting a bleak picture of the funding position. May I put two points to him? First, if the council were more business friendly and encouraged businesses to invest in Harrow, more business rates would come in. Business rates income in Harrow has been declining for many years, and it is forecast to reduce further.

Secondly, I believe I am correct in saying that at the moment the budget is balanced for next year, but the forecasts for future years are very challenging indeed. Has the hon. Gentleman seen any documentation from Harrow Council that sets out that dire picture? That may lead to a lobbying strategy in which he and I go to see Ministers together, with the aim of securing more money not just for the council but for specific issues such as those he describes—it may lead to our supporting each other to get more money for the services that all our residents depend on.

[Gareth Thomas]

I say gently to my neighbour that I will come on to Harrow’s excellent reputation among businesses and the recognition it has received for its performance in that area. The figures I quote are figures that I sought from the council—I am sure it would be willing to provide him with them were he to approach it. There is one specific issue on which the Minister would be able to assist if he wanted to, and I intend to come to that in due course.

Harrow has always been a prudent borough. Despite its challenges, the council has not overspent for 11 years. Its leadership and supporting councillors have been determined to shield frontline services from the axe as far as they can, but the cuts are now so deep that the council is unable to balance the books without reducing those vital services to the bare bones. Local residents are understandably concerned about the impact of funding cuts on the council’s ability to keep the streets clean and to help to deal with antisocial behaviour, among other things. By continuing to make cuts of such scale, the Government are leaving councils such as Harrow in an impossible situation and leaving our most vulnerable people at risk.

To be fair, the council has already made large efficiency savings and taken great strides to increase revenue. It has led the way in digitalising many services—87% of customer transactions are carried out online, leaving extra resources to look at the most complex and difficult cases. Council tax has been increased year on year—sadly, it is now the third highest in London, but the collection rate is above 97%. The council has commercialised services and looked at innovative ways to supply residents with additional quality services that generate new income while not endangering existing businesses and the private sector. From offering services such as training, a cookery school and gardening services to MOT testing and dealing with food and trade waste, the council has been very innovative. It has also marketed itself successfully for major film locations and for commercial events in our parks. It is a leader in shared services and is working with a number of councils to make significant efficiencies for frontline and back office services together.

As I indicated, Harrow is blessed with very dedicated and hardworking staff; in 2017, its children’s services attained a “good” rating from Ofsted, putting Harrow in the top 25% of councils across the country for performance in that fundamental service—a remarkable achievement in the circumstances. However, the council cannot be expected to deliver first-rate services with a third-rate budget level of funding, and local people know that.

Cuts are already having a big impact. Harrow has closed four libraries and significantly scaled back its work in public health. Drug, alcohol and smoking cessation services have been reduced, and all discretionary grants to the charity sector have been ended. The council has also been forced to reduce taxi card provision for the disabled to the lowest level in London. There has been a significant reduction in the number of children and families that the borough’s children’s centres are able to support. Lack of funding is holding back any ability the council might have to respond appropriately to other identified local needs, such as meeting the needs of young people.

The Young Harrow Foundation, in partnership with the council, conducted a survey of school-aged children between 10 and 19, which received an astonishing 4,500 responses. The results are very worrying. Mental health and violent crime were serious concerns for Harrow’s young people; 10% said they have suicidal thoughts and 15% said they need support relating to self-harm. We all know that lives are blighted when vulnerable members of society cannot access the help they need, and when people are unable to achieve their potential, everyone loses out.

In response to some of the acute issues facing councils, the Government have offered occasional one-off payments to, at best, paper over the cracks. For important services, that means councils are unsure of whether they will have the funding for key provision, and residents do not know whether vital services will continue to exist, from one year to the next. In short, it leaves local authorities unable to make long-term spending commitments to deliver some of the preventative work that would really benefit residents.

Harrow has had success in bidding for some such external funding to tackle some of those challenges. It secured £500,000-worth of investment from the Home Office to help fund early intervention services for young people at risk of joining gangs and becoming involved in youth violence. It also secured £760,000 to help support economic growth locally and was recently granted some £32 million by City Hall to build just over 600 new council homes. While this type of funding is of course welcome, these too are one-off payments for specific activities, offering no guarantees of continued funding, and the council may find itself having to cancel successful programmes if funding is not renewed. I gently suggest that that is not a grown-up, sensible way of funding local government.

[Bob Blackman]

The hon. Gentleman points out, rightly, that the budget in Harrow is balanced this year by one-off payments, I believe, as opposed to long-term arrangements. That is one of the things leading to future problems. Can he also answer this? Harrow is one of a very small minority of councils across the whole of England that failed to sign up for the multi-year settlement, which, although it is not always easy, gives certainty about funding over a number of years. Where councils have done that, they have known and been able to forecast what their income level will be. Harrow refused to do so, and has never answered my question why it refused. That brings the uncertainty of not knowing how much money will come in each year.

[Gareth Thomas]

With all due respect to the hon. Gentleman, he will recognise that even councils that have signed up to the arrangement with the Government that he describes have still faced significant additional pressures from all sorts of sources, be it social care or homelessness, as I have already outlined, exacerbating the difficulties in setting sensible long-term budgets that meet needs. It would certainly be extremely welcome to hear him putting pressure on his ministerial colleagues to allocate additional funding for the London Borough of Harrow.

Despite the difficulties I have set out, the council has continued to play its part in trying to foster economic growth, supporting the regional and sub-regional objectives for business, employment and skills set out by the West London Economic Prosperity Board. The investment pot of £1.1 million from business rates retention is going into supporting businesses in accessing online services. Furthermore, Harrow Council is supporting that by investing £480,000 to try to help to develop the skills of low-paid, low-skilled and self-employed residents in the borough. Indeed, the council has been recognised for its work in this area, winning the Best Small Business Friendly Borough award. The council is also building new housing, making use of the new homes bonus, and has set out a major regeneration programme to maximise use of council-owned sites to support sustainable housing growth, as a result of which it will get some additional income from council tax.

I recognise that Harrow Council is not alone in facing challenges of the scale that I have set out. Surrey, Torbay, Lancashire and many other councils are already in serious financial problems. Commissioners were called in to Northamptonshire council after it ran out of money. Other councils are privately warning of similar difficulties soon. Many councils are having to prop up their budgets with funding from reserves, something that Harrow has not been able to do. I gently ask how many more signs the Government need before they wake up to the crisis in local government.

One area where the Minister could help immediately is financial assistance to help the council to cover the cost of subsidence arising from the sinkhole discovered under Pinner Wood School, which has cost the council some £5.2 million and has obviously exacerbated its already very difficult financial position. We urgently need fairer funding for local government. It is not good enough for the Government to preside over the managed decline of local services. I know that in Harrow and elsewhere councils are doing some great work, but on a shoestring, and the time has come for the Government to reverse the cuts and give councils, particularly my council, Harrow, the proper levels of investment they need.

--- Later in debate ---

[Rishi Sunak]

With all the will in the world, there is little I can do to help on that particular matter. As the local government Minister, I have no authority or control over the schools budget. The issue he raises relates specifically to a school.

I know that council officials have been in conversation with officials from the Department for Education, but I am obviously not privy to those conversations. I am of course happy to meet him and his deputation, but I think he may be better directing that conversation toward the Department for Education. I know that close to £10 million has been invested in maintained and voluntary-aided schools in Harrow over the last few years, and that the Department for Education is refurbishing or rebuilding about 10 different schools in Harrow through the priority schools rebuilding programme, although not the particular school that he mentions.

Beyond schools, £434,000 has been committed to support Harrow in caring for unaccompanied asylum-seeking children, further helping to strengthen community cohesion. However, strong communities need to be connected. The roads that our constituents travel on daily form a key part of their lives, which is why at the Budget the Chancellor announced that an extra £420 million will be made available for local authorities such as Harrow to fix potholes and carry out other road repairs, ensuring safer and better roads across our communities.

Strong communities also need well-built, affordable homes, which is why, through the Budget, the Government are supporting local authorities such as Harrow to get much-needed homes built, including through the widely welcomed lifting of the housing revenue account borrowing cap. I am pleased that we were able to maintain the new homes bonus baseline for the forthcoming year. Harrow will receive more than £4 million in new homes bonus funding in the forthcoming financial year. I am also pleased that Harrow is in conversations with the Department to receive a housing infrastructure fund grant worth almost £10 million to help with the delivery of more than 600 homes at the Grange Farm site.

Strong communities also need vibrant high streets to bring us together and ensure our towns have a beating heart. The Budget provided a boost for our high streets and a new future high streets fund. I strongly urge the local authority, in conjunction with its MPs, to bid for that fund and see what it can do to drive growth along the high streets in its community.

The hon. Member for Harrow West was right to highlight the funding formula. The current funding formula needs to be updated and replaced with a robust, straightforward approach that involves a strong link between local circumstances and the way that we allocate resources. The latest round of that consultation was issued alongside the provisional settlement last week. I know that Harrow Council has contributed to our consultations in the past, and I will be delighted to hear from it again on the particular pressures that it feels it suffers from and that should be captured within a new formula. I am sure that it will be happy to see that some things it talked about in its previous submission are covered, such as the rapidly changing population dynamics that councils such as Harrow experience on the ground. Those are absolutely things that the new formula should accurately capture, to make sure that it is sustainable not only for this year but for years into the future.

I thank the hon. Member for Harrow West for calling the debate and my hon. Friend the Member for Harrow East for contributing. It is my privilege to have this job and to champion local government here in Westminster. Whether it is driving economic growth, caring for the most vulnerable in our society or building those strong, cohesive communities that we cherish, local authorities in London and across the country do an amazing job.

[Bob Blackman]

I gently remind my hon. Friend that Harrow suffers a particular problem of businesses moving out of the area, and it therefore has a declining income from business rates. What will the Government do to help local authorities such as Harrow that suffer this problem?

[Rishi Sunak]

The business rates retention pilots and the extra incentive to retain more business rates, combined with the infrastructure investment that comes through the housing infrastructure fund and the growth funds, give councils the exact powers they need to drive growth and then rewards them with the retained business rates. I will be delighted to meet my hon. Friend to talk through any other ideas that he has. The high street fund will be an excellent place to start.

I am grateful for the dedication of hon. Members and councils. I will continue to ensure that their voices are heard in this place and that they get the support that they need.

Question put and agreed to.

Local Government Funding Settlement

Bob Blackman Excerpts

Thursday 13th December 2018 Commons Chamber

[James Brokenshire]

No, I certainly do not acknowledge the hon. Gentleman’s point. Core spending power per dwelling in Birmingham is around 10% higher than the average. I draw his attention to the extra £18.2 million that he will see through today’s announcements. We want to see the great city of Birmingham continue to thrive and flourish, which is precisely why we are supporting it.

[Bob Blackman (Harrow East) (Con)]

This year is the last year of the multi-year settlement, so what happens to the 3% of councils that did not sign up to the efficiency savings? How are they treated? More importantly, what are the Secretary of State’s plans for the future of multi-year settlements, so that councils can plan for the future?

[James Brokenshire]

I firmly recognise the benefit of multi-year settlements. We have seen this through councils’ ability to plan and to drive efficiencies and effectiveness. As my Department prepares submissions for next year’s spending review, I will reflect carefully on the matter in order to recognise the ability for councils to plan, while also ensuring that we promote innovation.

Oral Answers to Questions

Bob Blackman Excerpts

Monday 10th December 2018 Commons Chamber

[Mr Speaker]

We are very grateful.

[Bob Blackman (Harrow East) (Con)]

What assessment has my hon. Friend made of local authorities assisting rough sleepers into a home of their own following the Homelessness Reduction Act 2017 coming into law?

[Mrs Wheeler]

I thank my hon. Friend for his question. Unfortunately, I did not hear the very beginning of it, but I think the gist was that the Homelessness Reduction Act 2017 is a very welcome new Act. We are grateful for everybody’s hard work on it earlier this year. We will review it after 24 months, but so far my understanding is that local councils are impressed with how well it is being embedded.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rishi Sunak)]

I would be happy to look further into that for the hon. Lady. On council tax debt collection, the Government’s position is clear: enforcement should be a last resort, and there is strict guidance in place to ensure the proper collection of council tax, done in a proportionate and civil manner.

[Bob Blackman (Harrow East) (Con)]

T3. Following the ban on combustible cladding on new or refurbished buildings on 1 October, it has emerged that over 543 buildings are being built or refurbished with combustible cladding. Worse still, 1,338 buildings have combustible cladding. What is my right hon. Friend doing to ensure that the ban is enforced and that leaseholders do not pay the cost?

[James Brokenshire]

Nothing is more important than making sure that people are safe in their homes. I have made it clear that building owners are responsible for the safety of their buildings and they should protect leaseholders from costs. Local authorities have our full support to take enforcement action to make buildings safe, and it is our priority to ensure that people are safe and secure in their homes.

Private Rented Sector

Bob Blackman Excerpts

Thursday 29th November 2018 Westminster Hall

[Bob Blackman (Harrow East) (Con)]

It is a pleasure to serve under your chairmanship, Mr Rosindell. I refer the House to my entry in the Register of Members’ Financial Interests; I am a vice-president of the Local Government Association and the owner of a small property portfolio.

I rise to do three things: first, to talk about the situation in my own borough of Harrow; secondly, to look at the detailed report that we, as a Committee, produced; and thirdly, to add a few things that I think are needed. It is pleasure to follow my hon. Friend the Member for Hertford and Stortford (Mr Prisk), with his measured approach and his experience of having been the Housing Minister. Equally, it is a pleasure to follow the Chair of the Select Committee, the hon. Member for Sheffield South East (Mr Betts), who I have worked with on this Committee over many years—probably more than we would care to mention.

On the Committee, and certainly since I have served on it, we make sure we proceed by consensus. Individuals may hold views that are not contained in the report, but it comes from the entirety of the Committee and is produced on a cross-party basis. I warmly welcome the Minister to her place and I hope she will tell us why the Government are not taking forward some of the measures that we have recommended—again, on that all-party basis.

In my borough, the private rented sector is growing dramatically. It used to be a tradition, in outer London in particular, that as people became more prosperous and more likely to commute for longer distances, they would sell their homes and move on, then commute into central London for a job. Nowadays, they tend not to sell their homes. They move on and acquire a new home, but they keep their existing home and rent it out. One challenge that has arisen in Harrow is that large numbers of properties—typical suburban, three-bedroom semis—are now rented out to 10, 12 or in some cases 20 people, who are living in them. This brings the consequences of antisocial behaviour and overcrowding, and quite frankly the people living there are being exploited.

Most people in that position come from eastern Europe. I now have 10,000 eastern Europeans living in my constituency. They are warmly welcomed—they are here to work and want to contribute to the economy—but they are being exploited. Rents of a typical three-bedroom property are in the order of £2,000 per month. If you have 20 people sharing that £2,000, then the rent is not too bad. However, the living conditions are absolutely disgraceful. That is, I think, one of the key challenges.

The local authority has responded by setting up a selective licensing scheme in one ward, which was vigorously opposed by the private landlords concerned for the obvious reason that they thought they would not be able to continue to exploit their tenants. The challenge for the Government when legislative changes take place is, as my hon. Friend the Member for Hertford and Stortford mentioned, that although the vast majority of tenants are satisfied with their position, what do we do about the bad, criminal landlords who exploit vulnerable people and make their lives a misery.

[Mr Betts]

We have been on the Committee together for more than eight years, and I think we have all had examples of landlords behaving quite badly, not merely in letting properties but in objecting to licensing schemes. It is not just about the regulatory framework, but about the fact that their names will be known, as well as which properties they own and rent out, and Her Majesty’s Revenue and Customs gets rather interested at that point. The cost of that could actually dwarf anything else they have to do, such as paying fees for the licence.

[Bob Blackman]

I thank the Chair of the Select Committee for that intervention. That is particularly true in the Edgware ward of the London Borough of Harrow, where I asked the council a series of questions about how many registered houses in multiple occupation they had on their books. I was astonished when they told me they had 89 for the borough. I can take Members to roads in Edgware where there are 89 in the road. One problem is the local authority’s resources to deal with these issues, but, more importantly, people just ignore their responsibilities. That has to be dealt with.

I come now to the report itself. I will not deal with the recommendations that the Government have taken on board, because they are fine and we all agree with them. I am delighted that they have been taken on. I worry about some aspects that the Government are not addressing so far. When the Minister replies, will she update us? The Government response was some five months ago and I hope that things have moved on. I will go through the report, looking at the questions that I would like the Minister to answer.

In the Government’s response, the housing health and safety rating system recommendation is partly accepted, but the view is that the Government will review the position in due course. Can the Minister update us on where that review is? The Chair of the Select Committee mentioned the reality of carbon monoxide poisoning and other safety measures in homes. The hon. Member for Dulwich and West Norwood (Helen Hayes), who is no longer in her place, raised a desperate situation in her constituency. The issue is ensuring that tenants’ safety is paramount. Over the time I have served on the Select Committee, we have considered various different aspects of safety, and my concern is that building regulations and safety regulations do not seem to be being updated as they should, both to protect tenants and to point out to landlords their responsibilities. I would like to understand the Government’s position in that area.

Equally, where the Government and Law Commission are reviewing what legislation could be enacted, the Government say they are having discussions with the Law Commission. That is always helpful, but could we be updated with the results? As I have said, if we introduce legislation we must be careful that we do not put off good landlords from renting out their properties and maintaining good order at the same time as squeezing out the criminal behaviours that are clearly unacceptable.

I turn now to section 21 notices; we will have a debate on that subject next Thursday, I think, and I do not want to rehearse the discussions we will have there, because no doubt the Minister will be answering that debate too if it proceeds as expected.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

My Thursdays are your Thursdays.

[Bob Blackman]

That is welcome.

Let me take up the issue, because we made recommendations on this and the Government have not accepted them, but they agree to keep the issue under review. We have a delicate balance to strike, because the sad reality is that if landlords are in a position where they cannot evict bad tenants, there is a serious problem and they will say that it is not worth being a landlord and letting out the properties.

As the author, promoter and sponsor of the Homelessness Reduction Act 2017 on section 21 notices, I know them in infinite detail. They are deemed to be no-fault evictions, and clearly we need to preserve the position whereby a landlord can get their property back, but at the same time, some landlords seem routinely to issue section 21 notices on six-month tenancies as protection for getting the property back at the end. One solution is to have longer tenancies, with protection for the tenant and for the landlord, with the potential for break clauses on both sides. That seems to have gone very quiet in Government thinking, and I hope my hon. Friend the Minister can update us on where we are going with longer tenancies and protection of tenancies.

There seems to be a suggestion from the Government that retaliatory eviction is a relatively rare occurrence. For those people who gave evidence to us having suffered it, it might have been a rare occurrence but it was a life-changing experience and we must condemn it. Landlords have a duty to keep their homes up to a reasonable and safe standard, and if tenants complain that the property is not kept up to that standard, it is quite right that the landlord should then put it right. If the result is that the landlord evicts the person or the tenants, that is an outrage and we need to ensure that action is taken. At the moment there is not enough protection for the tenants. The Chair of the Select Committee mentioned the specialist housing court, which would be warmly welcomed by both landlords and tenants. If we could have an update on the status of the Government review, that would be terribly helpful and informative to the Committee.

I will say two last things before I sit down. First, we made a recommendation on the local housing allowance, particularly regarding studio accommodation. In London, this is becoming a big issue. Properties are subdivided into small units and put out to rent and the tenants are therefore being exploited. There is a case, which we have made in the report, for taking action in this area, and I would welcome the Minister’s taking some action. I accept that this situation is not necessarily true across the country, but in London it is a serious issue that must be addressed.

Secondly, on penalties for bad landlords and the protection of tenants, although I do not normally read The Guardian, it has provided a very helpful brief in its coverage on rogue landlords and what has happened. The sad reality is that if landlords fail the fit and proper person test and are banned, all their tenants should know about it. That just makes sense. To have a position where a landlord can be banned in one borough but carry on renting in others just does not make sense at all. One thing we need to see is urgent action to introduce a position where landlords are banned and action is taken.

I agree that in the most serious cases, a fine just becomes part of doing business, so having the ability to confiscate the property and protect the tenants from the behaviours of rogue or criminal landlords must be the final resort. On that point I will sit down, but I look forward to the Minister’s response and to working with colleagues to improve the position for both tenants and the good landlords in this country.

Oral Answers to Questions

Bob Blackman Excerpts

Monday 5th November 2018 Commons Chamber

[James Brokenshire]

We have taken several steps and put significant pressure on the industry, and that is starting to have an impact as many freeholders take the necessary steps to make buildings safe without passing on the costs to leaseholders, who should not bear them. I am happy to consider the right hon. Gentleman’s specific examples, because we are in direct contact with several different agencies, and indeed with local government about taking enforcement action, to see that work is done.

[Bob Blackman (Harrow East) (Con)]

I thank my right hon. Friend for his answers. I urge the Government to bring in legislation to bar such charges in future, but we would still need to address those who have been unfairly put in this position in the first place. I therefore urge my right hon. Friend to consider not only legislation for the future, but retrospective legislation to address the egregious practices that have taken place.

[James Brokenshire]

As my hon. Friend will know, we are consulting on the implementation of a ban on inappropriate leaseholds on homes, which are the core of what we are discussing. Legislation will come forward once we have seen the responses to our technical consultation, and there will obviously be plenty of opportunity for colleagues to debate the matter further.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Bob Blackman Excerpts

Tuesday 16th October 2018 Commons Chamber

[Rishi Sunak]

My hon. Friend is absolutely right that empty dwelling management orders exist as a tool for councils to take control of long-term empty properties that cause a social nuisance. I do not have the exact figures to hand, but he is right that those orders are not extensively used. However, they are a measure that local authorities should be aware of. The orders are a tool at local authorities’ disposal and are one of the various measures that they can use to tackle this particular problem. I thank him for raising that option here today.

[Bob Blackman (Harrow East) (Con)]

Does the Minister agree that it is vital that landlords bring properties back into use? They should not be penalised while carrying out genuine work to bring those properties back into use, but equally they should not take an extended period and say that they are doing work when no work is actually going on.

[Rishi Sunak]

I thank my hon. Friend not only for his intervention but for all his work on the Bill, as both an individual and in his role on the Housing, Communities and Local Government Committee. I am grateful for all his comments as we debated the Bill during its earlier stages. He is absolutely right, and the Government published guidance to that end in 2013—when the original premium was introduced—reminding local authorities to take into account the specific reasons for a property being empty. Hon. Members may wish to note that the provision we are discussing will not bring any additional properties within the scope of the premium; only properties that would already have been potentially liable might be affected by the higher premium.

On the flexibility and discretion raised by my hon. Friend, no property covered by an existing statutory council tax exemption can be liable for the empty homes premium. For example, exemptions are already in place for homes that are empty owing to the council tax payer living in armed forces accommodation for job-related purposes, or for annexes that are used as part of a main property. Furthermore, the council tax system already provides specific statutory exemptions for properties left empty for a specific purpose, such as when a person goes into care. On probate, such properties, where left empty, are exempt from council tax for up to six months after the granting of probate or after letters of administration have been signed.

I also say to my hon. Friend that section 13A of the Local Government Finance Act 1992 gives billing authorities a wide power to reduce the council tax that a person or group of people is liable to pay. That can be reduced to such an extent as the billing authority sees fit. The power can be applied to situations pertaining to the status of a dwelling or the category of a person, and can be used in cases of hardship, fire or flooding. Together with the guidance that I will speak about more broadly in a moment, I hope that this reassures all hon. Members that councils and local authorities will have the flexibility and discretion that they need to treat each situation on a case-by-case basis.

Before I turn to the Lords amendment, I will recap some of the statistics on the operation of the current policy to ensure that everyone has the facts to hand as we reach our deliberations. As I said earlier, 90% of billing authorities have applied the empty homes premium, to around 61,000 homes—that we have data for—in the last year. All but three of those councils did so using the maximum 50% rate. Of the remaining 10% of councils that were not applying the premium, more and more are now starting to. We estimate that the empty homes premium generated around £40 million in the last year for local authorities, when we take into account individual local authority collection rates.

Tenant Fees Bill

Bob Blackman Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 5th September 2018 Commons Chamber

[John Stevenson (Carlisle) (Con)]

Will the Minister give way?

[Bob Blackman (Harrow East) (Con)]

Will the Minister give way?

[Rishi Sunak]

I am happy to give way to my constituency neighbour.

--- Later in debate ---

[Rishi Sunak]

That is the crux of what we will come on to later. The Government’s approach has been not narrowly to specify the specific things that could qualify as default fees. There has indeed been discussion of this topic. The Government’s point of view, which I will explain later, will I hope provide some clarity on that point.

If I may return to the—

[Bob Blackman]

Will the Minister give way?

[Rishi Sunak]

Ah—I give way to my hon. Friend.

[Bob Blackman]

A lot of the Government proposals are formed around what is reasonable, and one of the key tests in law relates to what is reasonable. I gently ask him to set out for the House what he considers to be reasonable. To give an example, he has mentioned the loss of keys. The loss of a normal household door key may be relatively cheap, but security keys provided by only one manufacturer can be very expensive. Is it reasonable for a tenant to be charged should he or she lose such a key? If so, that would mean a default charge of quite a considerable sum of money, even if it was specified in the original contract—the lease or rental agreement. Would that need to be specified in that way, or would it be classified as a reasonable default charge if the key was lost?

[Rishi Sunak]

I again thank my hon. Friend for all his work on the Select Committee in helping us to improve this legislation. I know that he has given great thought to the matters we are discussing today, and we have just heard another example. I can tell him that the word “reasonable” has been chosen very deliberately, because it is a commonly accepted legal term that is widely used in various pieces of legislation and is open to interpretation in a consistent way by the courts. Indeed, the Opposition have chosen the same term in amendment 3.

--- Later in debate ---

[Rishi Sunak]

My right hon. Friend is right. He made the same points in Committee, and I appreciate his raising them again today.

The Government have listened to concerns that some agents and landlords see the £5,000 initial fines as a cost of business and thus repeatedly refuse to comply. That is why the legislation makes landlords and agents liable for a financial penalty for each individual breach of the ban that they commit. In addition, setting financial penalty at up to £30,000 for a second or further breach of the ban will act as a serious deterrent for prolific offenders. It is worth pointing out that further breaches will leave the landlord or agent liable to prosecution and an unlimited fine and, indeed, qualify as a banning-order offence. The Government believe that, taken together, this set of sanctions forms a serious deterrent to poor behaviour. To accept the Opposition amendment would be disproportionate and excessive in respect of the cases we are discussing.

[Bob Blackman]

There is a specific issue in relation to very corrupt landlords who exploit vulnerable people. The concern that I think many Members who have investigated the background to this issue will have had, particularly in parts of London, is that a fine of merely £5,000 will be seen as just the cost of doing business. These people are exploiting vulnerable people to the tune of hundreds of thousands of pounds, so for them even a fine of £30,000 would be nothing. I therefore urge my hon. Friend to consider this matter further as the Bill makes its way through the other place. Will he look at what can be done to take on these people? They are not landlords, but rogues and crooks. They need to be brought to account for the damage they are doing to the rental market and for the exploitation of very vulnerable people who have no choice in where they live.

[Rishi Sunak]

I thank my hon. Friend for that powerful intervention. He knows first hand, from the excellent work he does with his constituents to tackle this issue, the scale of the problem in particular cases. He will be reassured to know that, while existing legislation allows local authorities to levy a £30,000 fine for a second breach, if they choose not to do so, they can go down the prosecution route. For the cases he mentions, that would probably be more appropriate. The sanctions in that case are an unlimited fine and a banning order, which, for the specific landlords he mentions, would be appropriate. I think that he would agree that being banned from being able to rent any property for 12 months or longer, or an unlimited fine, would serve as a very significant sanction to the core behaviour in such cases. With that final assurance, I commend the Government’s amendments.

--- Later in debate ---

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

I am pleased that the Government have finally accepted the need to ban tenant fees, for which my party has called for for no fewer than five years—I have personally campaigned for the ban for four years. I support the Labour Front-Bench amendments, because the Bill does not go far enough. We need further specification of the fee regime to make it more user-friendly, and we need to increase penalties for those landlords and letting agencies that flout the new legislation.

Few places in the country are in more need of this legislation than Oxford. Only 39% of people in the city own their own home or have shared ownership—that is well below the national average. Nearly half—49%—rent privately, and that figure has risen by more than a fifth since 2001. Private renting is not just a stopgap in the city; it is the only option for huge numbers of people.

The cost of setting up and maintaining a tenancy in the private rented sector is a huge problem in the city. The sharpest end of that is seen with the exponential growth in rough sleeping in Oxford. On some nights in the 2000s, nobody would be recorded as sleeping on the street, but nowadays having 60 people rough sleeping is the new normal. That is relevant to this debate because the core reason why people in Oxford become homeless has changed. It used to be relationship or family breakdown, but that is no longer the case. The key reason for homelessness now is landlords ceasing tenancies, often because of non-payment of fees.

There are many excellent landlords and letting agents in Oxford, and I find some of the mischaracterisations of the Opposition’s approach in this area bizarre. We all know excellent landlords and letting agents in our constituencies, but a small number bring the rest of the sector down and pollute its reputation, because they do not act in a responsible manner. A significant proportion of my postbag is taken up with tenants who have been asked for unreasonable fees, as well as people who are simply unable even to rent. In fact, I have a meeting in a couple of days with someone who is trying to move into Oxford but cannot afford the different costs associated with getting into a tenancy, and that is even with the private rented sector deposit guarantee scheme operated by the local authority. People are not able to move into Oxford’s private rented sector anymore.

Labour’s amendments would ensure that the new regime that the Bill will rightly introduce would be sufficiently watertight. I welcome some of the changes that the Minister specified, but we need the fee regime to be upfront in the manner specified by my hon. Friend the Member for Great Grimsby. We need a user-friendly regime that tenants can easily understand, and that is not presently the case under the Bill.

We also need to make sure that the fees are sufficient. Oxford has one of the strictest regulatory regimes for landlords, operated by the local authority. Many landlords support it because they see that it squeezes out the rogue operators, and that it has removed many of the most unsafe and unhealthy properties from the housing market in Oxford. The regime pays for itself, and it is important that the regime under the Bill pays for itself, too. That means that those fees have to be sufficient. We have already had a lot of discussion about the cuts that have been made to trading standards, but it might also be helpful to look at how those fees—the Minister asserted that they would be sufficiently deterrent—compare with some of the profits obtained by landlords in areas such as my own.

The average property rent in Oxford is currently £1,919 per calendar month, so £5,000 is very obviously less than three months’ rent—we can all do the maths. Now, I appreciate that not all that rent will be profit, because of course there are associated costs. However, estate agents encouraging people to come into the buy-to-let market in my city inform those people that they will have an average annual return on their investment of 18%. When we talk about whether a fee is deterrent and whether a £5,000 fine is sufficient, we should reflect on that figure.

Comments have been made about the role of central Government and local authorities. Yes, it is absolutely right, as the hon. Member for Christchurch (Sir Christopher Chope) said, that there are local authorities that do not fulfil their responsibilities. There are others that want to go further but have been able to do so only at the behest of central Government. Please can we get to a situation in which local authorities that want to have more stringent regimes do not have to wait to get the okay from central Government? We need more local control.

[Bob Blackman]

It is a pleasure to follow the hon. Member for Oxford East (Anneliese Dodds) and the passionate view of her constituents. May I draw the attention of the House to my entry in the Register of Members’ Financial Interests?

In the absence of the Chair of the Housing, Communities and Local Government Committee, I had the honour of chairing the Select Committee pre-inquiry into this legislation. We looked at a lot of the evidence that is now coming forward. I am delighted that the Minister has seen fit to make some changes during the passage of the Bill and to accept many of the Select Committee’s recommendations.

The hon. Member for Great Grimsby (Melanie Onn) raised the matter of how many weeks’ rent a deposit should be. It is a shame that she has not tabled an amendment to that issue on Report, because I think several Conservative Members would feel very sympathetic towards restoring what the Select Committee recommended, which was a compromise. There was an argument for four weeks and an argument for six weeks, and we took the view that five weeks was the appropriate compromise for two reasons. First, if the limit is four weeks’ rent, there is a risk that the tenant will just refuse to pay the last month’s rent at the end of a tenancy. Secondly, a deposit of six weeks’ rent would almost certainly become the norm for most landlords, and would therefore be inflationary on the amount of deposit that would be charged.

I gently remind the Minister that in the last Budget the Chancellor allocated some £20 million towards a national rental deposit scheme, following representations from me and several other colleagues to set one up. The Department has not yet set up that scheme, but by saying that the limit will now be six weeks, instead of four or five, the Minister is going to reduce straightaway the number of families that can be assisted under the national rental deposit scheme when the Department finally does bring it forward. I ask him to look at this figure again, because it will limit the number of people who could be assisted through this programme.

On the issue of enforcement, I welcome the changes proposed by the Minister. Many of the changes, which are very clear, go above and beyond those proposed by the Opposition. Having looked at the evidence in relation to this legislation, many of us will share concerns about the difference between what I would classify as true costs, and charges. In answer to my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski), the key question is, who does the letting agent work for? The letting agent works for the landlord, not the tenant. It is the responsibility of the letting agent to acquire tenants on behalf of their employer—namely, the landlord—and therefore there should not be two charges incurred. The letting agent should charge the landlord for their fees, not charge the tenant for acquiring.

However, there are costs associated with acquiring a tenant—for example, when there is a requirement for a credit check. If a prospective tenant were to fail that test, there is a cost that someone has to collect. If an applicant makes a request through a letting agent and a credit check is then undertaken that is failed by the prospective tenant, it is reasonable that the cost should be passed on to that individual, particularly if they were going to knowingly fail the credit check in the first place. That is an example of a true cost as opposed to a fee charge. My hon. Friend has set out a set of areas and then a limit on the charges that a letting agent may charge a tenant. I trust that he will not press his amendment to a vote, because that goes completely against the spirit of this Bill and what we are proposing.

[Kevin Hollinrake]

My hon. Friend is making an important point on referencing. Does he agree that it might be beneficial if the Bill were clarified so that everybody was clear about circumstances in which some of the holding deposit might be retained by the landlord or the agent in the case of somebody failing a reference check? If that were not the case, people on low incomes, for example, could be discriminated against when they apply to rent a property.

[Bob Blackman]

I thank my hon. Friend for that intervention. We clearly need to be more specific. I accept the principle set out by my hon. Friend the Minister that we should not put this in the Bill, but it should be put in regulations, because we can change regulations rather more easily and add things to them at an appropriate time without having to go through primary legislation once again. This is a question of detail that I ask my hon. Friend the Minister to look at again.

The other issue is charges for, for example, lost keys, cleaning or damage that may be done to a property. Those are reasonable costs that a tenant should incur. If that has to be set out in the tenancy agreement, it must be made crystal clear in what we lay out in regulations and guidance to landlords what is allowed and what is not allowed. In particular, things that are not allowed must be specified as being completely outwith the potential of the Bill, as opposed to being in the Bill.

I thank the Minister and his team for looking at and reflecting many of the recommendations that the Select Committee made on the draft Bill. With a few more tweaks, this can be an excellent Bill that we can all be very proud of.

[Bim Afolami (Hitchin and Harpenden) (Con)]

I rise in support of this Bill and my hon. Friend the Minister. During the Bill’s passage, he has conducted himself, as I think everybody in all parts of this House has already recognised, with the utmost sincerity and courtesy to all parties, both inside and outside the House.

I served on the Bill Committee—entirely voluntarily, of course, Madam Deputy Speaker. Having listened to the exchanges in Committee and today, it strikes me that there are a couple of points where there is complete agreement in all parts of the House. There is agreement that the average letting agent fees have gone up by 60% over the past six or seven years, and that there is a growing problem of tenants feeling that they are less empowered in relation to their tenancies and letting in the private sector market.

--- Later in debate ---

[Dr Allin-Khan]

Will the hon. Gentleman give way?

[Bob Blackman]

Will my hon. Friend give way?

[Sir Christopher Chope]

No, I will not give way, because I want to allow hon. Members who have not yet spoken to get in.

Why are we preventing letting agents from charging for credit reference searches, identity and passport checks, and all the rest? When one looks at the evidence in support of the Bill, it is quite clear that if the existing laws were properly enforced, the need for the Bill would not have arisen. I am extremely sceptical about the Government’s assertion that enforcement will be a lot more effective. If they really believe that, why do they not place a duty on local authorities to enforce the legislation, rather than leaving it as a mere power?

The legislation will have a lot of unintended consequences. It is already difficult enough for tenants to obtain rented accommodation if they have pets. It is very difficult for tenants on housing benefit to obtain accommodation. It is very difficult for tenants who do not have clear British citizenship to get rented accommodation. All those things will become a lot more difficult as a result of this additional burden on the private rented sector.

Some 30 years ago, I was a junior Housing Minister. I was much associated with deregulating the sector—introducing shortholds, getting rid of controlled tenancies and enabling the growth that has taken place in the private rented sector. I am disappointed to see my Government working in the opposite direction. I signed amendment 4, which was tabled by my hon. Friend the Member for Shrewsbury and Atcham. I understand that he has been bought off by the Government, so I will not press the matter to a vote. However, I think that there is too much crowd-pleasing on the part of the Government and not enough sensible regulation and recognition of the important work done by those in the private rented sector.

Oral Answers to Questions

Bob Blackman Excerpts

Monday 23rd July 2018 Commons Chamber

[Nigel Adams]

We are committing an enormous amount of money—£1.2 billion over the spending period—and we expect local authorities to follow the example of councils such as Barnet, which has managed to achieve that reduction. I encourage the hon. Gentleman to talk to his local authority and perhaps to approach Barnet to see an example of best practice.

[Bob Blackman (Harrow East) (Con)]

Local authorities are ignoring circulars from the Department and housing children in temporary accommodation many miles from their place of education. What can my hon. Friend do to enforce circulars and make councils take into account educational requirements when housing children and their families?

[Nigel Adams]

My hon. Friend makes a superb point. I can be absolutely clear from the Dispatch Box that local authorities must take account of circulars. It does seem nonsensical that councils are taking this approach. Youngsters are being taken away from their local areas and their schooling is being affected.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rishi Sunak)]

I thank the hon. Lady for highlighting those particular cases, the details of which I am not intimately familiar with. I would be happy to look into the matter. She is absolutely right to highlight the important role that local authorities play in prevention, particularly when it comes to public health. As we approach the spending review and the fair funding review, I would be delighted to talk to her to see how we can best capture the role that local authorities play in delivering that.

[Bob Blackman (Harrow East) (Con)]

T3. It is extremely good news that the Government have allocated a record amount of funding for new housing in London. Could my right hon. Friend then explain to the House why it is that new housing starts are going up in England but, in London, they are going down?

[James Brokenshire]

The Government are clear that the Mayor can and should do more to increase housing delivery and it is vital that the new London plan provides the strategic framework to achieve that. The Mayor must show strong and proactive leadership and take responsibility for creating the right conditions for development, but it is also about Labour councils in London. It is notable that, in Haringey, it appears that the council has put left-wing ideology in the way of 6,400 more homes. It is really concerning that Labour appears to be putting politics ahead of people.