Unhealthy Housing: Cost to the NHS

Heather Wheeler Excerpts
Tuesday 26th February 2019

(5 years, 2 months ago)

Westminster Hall
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Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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It is a pleasure to serve under your chairmanship, Mr Robertson. We have had an excellent debate. I congratulate the hon. Member for Strangford (Jim Shannon) on securing this debate on the cost of unhealthy housing to the NHS. He is a long-standing advocate of healthy housing, and his knowledge and passion about the subject has been evident today. Indeed, I congratulate all Members who have spoken. The 11 contributors spoke with passion about the links between housing and health. I acknowledge and commend the amount of work that the hon. Gentleman has undertaken on behalf of his constituents and the public as chair of the all-party group on healthy homes and buildings. He has provided welcome scrutiny of one of this Government’s top priorities: safe, decent, housing. I have read the APPG’s white paper with interest and will use this opportunity to respond to that as well as today’s debate.

The APPG is carrying out very important work, and I commend my hon. Friend the Member for Walsall North (Eddie Hughes) and the hon. Member for North Tyneside (Mary Glindon) on their roles as co-chairs of the APPG, as well as my hon. Friend the Member for St Ives (Derek Thomas) and the hon. Member for Upper Bann (David Simpson) on their work in the APPG.

I cannot speak to figures relating to the cost of unhealthy housing to the NHS, because that is not within my gift as a Minister for housing, but that does not mean that the Government do not acknowledge the cost of poor housing on health, and the cost is enough to justify driving through changes. Everyone deserves a decent and safe place to live, and we have seen clear improvements under this Government. The number of private rented homes failing to meet the decent homes standard is down 15% since 2010, which is a record low, and the number of social homes failing to meet the standard is down 32% since 2010: a near-record low.

However, the Government want more action to be taken, which is why our recent social housing Green Paper asks whether we should reconsider what constitutes a decent home. We supported the Homes (Fitness for Human Habitation) Act 2018, introduced by the hon. Member for Westminster North (Ms Buck), which gives tenants the right to take legal action if landlords fail in their duties, freeing local authorities to focus on using their existing strong and effective powers against rogue landlords.

I want to speak about the actions that the Government are taking on each point of the system. Again, I congratulate all the Members who have contributed today. My Department is reviewing building safety regulations, mindful of the needs of people in fuel poverty and the importance of maintaining air quality in our homes, and we are working across Government to ensure an holistic approach to building regulations. To answer the question asked by the hon. Member for Huddersfield (Mr Sheerman), we take the risks and consequences of carbon monoxide poisoning very seriously, which is why we committed to review carbon monoxide alarm requirements. I am pleased to say that the first stage of the review is complete and we have gathered information on the falling costs of alarms and on uncertainty about the fact that carbon monoxide poisonings are perhaps under-reported. We are now considering the updated evidence and will respond shortly.

Local authorities have strong powers under the Housing Act 2004 to tackle poor property conditions that might impact on people’s health. They must take enforcement action where the most serious hazards are present, which are usually assessed through the housing health and safety rating system—the HHSRS, which I always have difficulty saying. Enforcement activity can range from informal work with the landlord to emergency repairs or even prohibition of the use of the whole or part of the property in extreme circumstances. The HHSRS is crucial to local authorities’ enforcement of decent standards and thereby the protection of people’s health. That is why on 26 October 2018 we announced that we were commissioning a review to assess how well the HHSRS works in practice and to ensure it remains fit for purpose.

To reply to the hon. Member for Strangford, in October we laid regulations to extend mandatory licensing of houses in multiple occupation, bringing a further 170,000 HMOs within scope. It is an important tool for preventing overcrowding and the harms associated with it. I again congratulate the hon. Member for York Central (Rachael Maskell) on her dedicated work on housing and her tenacity in fighting for her constituents.

Winter mortality is a result of many different factors, but it is clear that living in a cold home can lead to adverse outcomes for health and wellbeing. An investment of £3 billion a year demonstrates that it is not something that the Government take lightly. We have a comprehensive package of policies to support households over the winter months. All pensioner households receive winter fuel payments of £200 to £300, and more than 2 million low-income and vulnerable households receive a further £140 rebate through the warm home discount. Additional payments are made through the cold weather payment scheme during spells of cold weather. In addition, £640 million a year is currently available through the energy company obligation to upgrade homes, tackling fuel poverty in the long run.

Barry Sheerman Portrait Mr Sheerman
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Can the Minister tell me what she thinks about going back to really firm standards, such as the Parker Morris standards? The review was originally a Conservative idea.

Heather Wheeler Portrait Mrs Wheeler
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I congratulate the hon. Gentleman on managing to mention Parker Morris at least three times in this debate. We are looking at future standards. Sometimes we need smaller homes as starter homes, but equally we need better-quality homes all the way through. I will perhaps come on to that later in my speech.

The health impacts of cold homes and fuel poverty require action from a wide range of organisations across the health and social care sector. Partnership approaches are key. Local authorities are now able to work with the charitable and health sectors to determine which households should be eligible for support under a new flexible element of the £640 million-a-year energy company obligation energy efficiency scheme, which is focused on low-income and vulnerable households.

There has been significant improvement in the average energy efficiency of fuel-poor homes. The latest fuel poverty statistics showed that there were nearly 800,000 fewer fuel-poor properties rated E, F or G in 2016 compared with 2010. I can tell my hon. Friend the Member for St Ives that the role of housing will be a crucial part of our considerations in the forthcoming social care Green Paper. I also note his pitch for a pilot. That shows that the policies are working to help those living in the least efficient homes, who can least afford to keep warm.

There is no doubt that it is essential that buildings are well ventilated, as the hon. Member for Huddersfield mentioned, for the health of the people in the building, and the health of the building itself. It is not merely a means to resolve overheating, but a matter of air quality. For that reason, part F of the building regulations sets minimum requirements to provide adequate means of ventilation. As set out in the Government’s clean air strategy, we plan to consult in spring 2019

“on changes to standards in Part F of the Building Regulations relating to ventilation in homes and other buildings.”

In setting minimum ventilation standards, we take advice from across Government on indoor air quality, including from the Department of Health and Social Care, the Department for Environment, Food and Rural Affairs and Public Health England. Indoor air quality is a complex issue, and many factors determine the concentration of pollutants in a space. Ventilation is one such factor, but outdoor air quality, the location of the building, emissions from products and the activities of occupants in the building all play a role as well.

Health and wellbeing can be affected by what is outside as well as inside a home. The revised national planning policy framework therefore includes a dedicated chapter that deals with the creation of healthy and safe places. It states:

“Planning policies and decisions should aim to achieve healthy, inclusive and safe places which…promote social interaction…are safe and accessible…and support healthy lifestyles”.

At my Department’s recent national design quality conference in Birmingham, attended by more than 400 representatives of the community and housing sector, we had a dedicated session on healthy place-making, and we recognised the importance of creating places that have a positive impact on health and wellbeing. On that matter, too, there is extensive cross-Government collaboration. As the hon. Member for Strangford is aware, my Department has been part of the NHS England healthy new towns programme and sits on the steering group. I hope that he will be pleased to hear that in 2019-20, NHS England will build on that by working with the Government to develop a healthy new towns standard, including a healthy homes quality mark to be awarded to places that meet high standards and principles that promote health and wellbeing.

The Government recognise the importance of having safe and healthy homes and buildings, and provide common definitions and approaches to regulation and standards, consistently striving to ensure that they remain up to date and effective. MHCLG has taken the lead on many aspects, from undertaking a comprehensive review of building safety to strengthening consumer redress. There is extensive cross-Government work on healthy homes and buildings, from planning and place-making to design, delivery and standards and support. Again, we take on board the comment about Parker Morris.

Officials across all policy areas regularly engage across all levels of Government, industry and the third sector. For example, we are an active signatory of the memorandum of understanding on improving health and care through the home. That joins us up with 25 other signatories, including the NHS, the Local Government Association and the Royal Society for Public Health. We have positive relationships with our counterparts in the devolved Administrations, but always welcome the opportunity to deepen engagement.

Perhaps the APPG for healthy homes and buildings is the place to examine which specific relationships could be strengthened. However, the responsibility for ensuring that homes and buildings are safe and healthy is a shared one, lying with product designers, developers, building owners and managers and local authorities, as well as central Government and devolved Administrations. That is why the work that the hon. Member for Strangford has undertaken through the APPG is so valuable, and why Ministers from my Department would be pleased to meet the group, to ensure that no stone is left unturned in our mission to make the housing market fit for everyone.

Rough Sleeping

Heather Wheeler Excerpts
Monday 25th February 2019

(5 years, 2 months ago)

Written Statements
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Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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On 31 January, the annual rough sleeping statistics were published and showed a welcome 2% reduction in the number of rough sleepers.

These figures also showed that the 83 local authority areas that were part of the Rough Sleeping Initiative (RSI) had seen a 23% reduction in rough sleeping. It has come to our attention that the percentage decrease stated should have referred to 19% rather than 23%. The underlying figures remain unchanged, as does the national 2% reduction. The updated statistics release is available at: https://www.gov.uk/government/statistics/rough-sleeping-in-england-autumn-2018.

The figures continue to demonstrate that the Rough Sleeping Initiative has had a significant impact on the number of people sleeping rough and is working. That is why we announced a further £45 million for the Rough Sleeping Initiative in 2019-20 as part of the Rough Sleeping strategy. Eleven million pounds of this funding has been set aside for areas that were not part of the initial work of the Rough Sleeping Initiative so that we can build on this work to make sure we continue to support more people off the streets and into safe and secure accommodation.

The comprehensive process for gathering these statistics was, like previous years, run by Homeless Link, the national membership charity for homeless organisations. Local authorities hold a multi-agency meeting to decide whether to count or estimate rough sleepers in their area and when the chosen date for deciding this figure will be. They are responsible for choosing the method that will most accurately reflect the number of people sleeping rough in their area on a single night. All rough sleeping returns submitted by local authorities are then independently verified or validated by Homeless Link to ensure they are robust. Hundreds of volunteers from homelessness sector organisations as well as local authority staff and people from local communities are involved in this process.

[HCWS1357]

Rough Sleeping

Heather Wheeler Excerpts
Thursday 7th February 2019

(5 years, 3 months ago)

Westminster Hall
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Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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It is a pleasure to serve under your chairmanship, Ms Buck, and that of Mr Sharma before you. I congratulate the hon. Member for Bermondsey and Old Southwark (Neil Coyle) on securing this debate and thank him and my hon. Friend the Member for Colchester (Will Quince) for their tireless work as co-chairs of the all-party parliamentary group for ending homelessness.

This is a debate about rough sleeping, so I am thankful for the experiences and expertise shared today, whether that comes from a constituency or a wider perspective. I am grateful to hon. Members for their speeches and questions; I hope to answer them as I work through my speech, but given the time limit, I may not answer them all.

Ensuring that everyone has a decent, affordable, secure home is a core priority for this Government. That is why we have made a commitment to halve rough sleeping, as everybody has said—I am glad that everybody knows it—by 2022, and to end it by 2027. It is an ambitious target, but it is essential that we achieve it. Underpinning that bold commitment is a concerted cross-Government effort to address homelessness in all its forms.

As hon. Members will know, last year we launched the rough sleeping initiative, working with the areas with the highest levels of rough sleeping, and with the support of charities and experts from across the sector, many of which we have heard about today. We announced the rough sleeping strategy, backed by £100 million, and introduced the Homelessness Reduction Act 2017, the most ambitious homelessness legislation in decades, with prevention at its heart. In total, we have committed £1.2 billion to 2020—a not insignificant amount of money—to ensure that the most vulnerable in society have the support they need.

I, for one, am encouraged by the figures published last week which show that our approach is working. This is a significant moment. For the first time in eight years, the number of people sleeping on our streets has fallen. That follows year-on-year increases, with an average annual increase of nearly 16%, so we are moving in the right direction. To be clear, our rough sleeping initiative has been up and running for five months in those 83 areas, and those areas have seen a 23% reduction in the count. That is just the beginning; we are bringing in further funding and embedding services. I look forward to seeing progress at the next count—which will deal once and for all with any question of my resigning.

I know we still have a way to go and, as many of you have remarked, it is simply unacceptable that people have to sleep on the streets in 2019. That does not reflect our country, which we want to be the best, which is why I am determined to put a stop to it. The cross-Government rough sleeping strategy, announced last August, is the blueprint for sustained action, looking across the spectrum from prevention to intervention to recovery. In the six months since our strategy was published, we have focused our energies on delivering key commitments that will help those in need and prevent people from sleeping rough in the first place.

We have announced the early adopters of our rapid rehousing pathway, an approach that a number of hon. Members have called for today, which includes 11 areas with Somewhere Safe to Stay hubs. A hub has already started delivering in Nottingham, helping people to secure routes off the streets, with the specialist support that the hon. Member for York Central (Rachael Maskell) was so keen to secure. We have also secured up to £30 million in the NHS long-term plan for specialist mental health services for people sleeping rough, which will be informed by the findings of a health provision audit to be carried out this year. We have provisionally allocated £34 million for 2019-20 to the 83 areas with the highest levels of rough sleeping to continue their excellent work supporting those currently on the streets, and opened up bidding for a further £11 million to all other local authorities to support them in helping people off the streets now.

There are particularly encouraging results in the 83 areas supported by our rough sleeping initiative, which is backed by £30 million of Government investment this year. In those areas, numbers have fallen by almost a quarter. Indeed, almost three quarters of RSI areas have reported decreases from the previous year. I thank councils across the country for working tirelessly to support people off the streets and into recovery. Those figures are proof of what can be achieved when we all pull together in the same direction.

In just seven months since the funding was announced, councils have used the investment to create an additional 1,700 beds and employ 500 dedicated staff, such as outreach workers, mental health specialists, nurses and substance misuse workers. This means that there are more people in warm beds tonight as a direct result of Government funding and the wrap-around support that goes with it. An excellent example of this is the local authority in the constituency of the hon. Member for Bermondsey and Old Southwark, who secured this debate. It is receiving £615,000 this year, which provides funding for a worker from Solace Women’s Aid to support offenders who have experienced domestic abuse, and a further 72 new beds to tackle rough sleeping.

Some 33 Members have spoken in this debate, including both interventions and speeches. The right hon. Member for Knowsley (Mr Howarth) made a fascinating intervention—at the last count, there were no rough sleepers in Knowsley.

Melanie Onn Portrait Melanie Onn
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But there is no proper counting system—

Heather Wheeler Portrait Mrs Wheeler
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With respect, that is not good enough—

Karen Buck Portrait Ms Karen Buck (in the Chair)
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Order. I advise Members not to conduct conversations bilaterally.

Heather Wheeler Portrait Mrs Wheeler
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In the constituency of my hon. Friend the Member for Colchester, the number of rough sleepers is down to 13. In Liverpool it has reduced from 33 to 15, in Torbay from 24 to 19, and in the Worthing and Shoreham area from 35 to 11.

Neil Coyle Portrait Neil Coyle
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One of the specific questions I asked was whether the Minister would improve the data collection to ensure that these figures were robust. There is a question mark over them.

Heather Wheeler Portrait Mrs Wheeler
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People have asked these questions. Some councils choose to do an estimate, and some choose to do a count. Personally, I prefer a count.

The number of people rough sleeping in York has reduced from 29 to nine, and I congratulate the hon. Member for York Central on all her hard work in that area. In Ipswich the number has gone down from 21 to 11. In the Warwick area it has gone down from 24 to 12—the area received £370,000-worth of Government funding to help with this. I work very well with the hon. Member for Bristol East (Kerry McCarthy) on these particular issues. Her area has received £583,000 of Government money and there has been a slight reduction in rough sleeping, but there is much more to do. We very much recognise the importance of the certainty of funding for services. The Chancellor has said there will be a spending review this year, and Ministers have made it clear that rough sleeping and homelessness are key priorities for this Government.

I shall crack on and then allow the hon. Member for Bermondsey and Old Southwark to wrap up. We note the release of the first ever ONS death statistics—hon. Members have mentioned this—which will help us to ensure that we are targeting our action to prevent deaths. We know that the risk to life increases during periods of cold weather, which is why we launched an additional £5 million cold weather fund in October. The fund has already enabled us to increase outreach work further, extend winter shelter provision and—I am sure that Members will be pleased to hear—provide over 800 additional bed spaces. We are also ensuring that when a homeless person dies or is seriously injured, safeguarding adult reviews take place, where appropriate, so that local services can learn lessons from the tragic events and prevent them from happening in the future.

Rachael Maskell Portrait Rachael Maskell
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Will the Minister give way?

Heather Wheeler Portrait Mrs Wheeler
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If I could just finish my sentence—it might help the hon. Lady.

We expect all local areas to conduct SARs according to guidance. We will also work with the LGA to ensure that lessons learnt from these reviews are shared with other safeguarding adult boards.

The hon. Member for Bermondsey and Old Southwark raised the issue of female rough sleepers who have suffered domestic abuse. Domestic abuse is a devastating crime that nobody should have to suffer. Supporting victims of domestic abuse and violence is an absolute priority for the Government, and we need to do more to ensure that they are appropriately supported. We all agree that survivors of domestic abuse should have access to a safe home. Councils have a legal duty to provide accommodation to families and others who are vulnerable as a result of fleeing domestic abuse. The Homelessness Reduction Act 2017 requires councils to take reasonable steps to help eligible homeless families to secure accommodation.

Lord Herbert of South Downs Portrait Nick Herbert
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They are exactly the kinds of vulnerable people who the Depaul Nightstop service is helping in half of local authorities. Would the Minister agree to meet Depaul, and perhaps visit a Nightstop service, to see how important and cost-effective it is and to see the potential for the roll-out that I mentioned earlier?

Heather Wheeler Portrait Mrs Wheeler
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Absolutely. My apologies—when I mentioned the fantastic reduction of rough sleepers in his area from 35 to 11, I meant to say that I would be delighted to meet Depaul.

Will Quince Portrait Will Quince
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At the moment, survivors of domestic abuse are subject to a vulnerability test. Could the Minister look at removing that, so that it is an automatic priority need?

Heather Wheeler Portrait Mrs Wheeler
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We will keep all such matters under review.

I hope that my remarks have demonstrated the Government’s commitment to halving and ending rough sleeping and to reducing homelessness. I thank hon. Members for their speeches and questions, and I thank all the charities mentioned today. I look forward to working with the hon. Member for Bermondsey and Old Southwark and other hon. Members of different parties in the coming months and years. I also thank my brilliant team for all their hard work.

Oral Answers to Questions

Heather Wheeler Excerpts
Monday 28th January 2019

(5 years, 3 months ago)

Commons Chamber
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Matthew Offord Portrait Dr Matthew Offord (Hendon) (Con)
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5. What progress he has made in discussions with developers and freeholders on ensuring that leaseholders are not liable for the removal and replacement of dangerous building materials.

Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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We have been clear that owners and developers should protect leaseholders from costs. As a result of our action to date, owners and developers have made a commitment to fund the cost of remediation, or have had a warrantee claim accepted, for 80 buildings so far.

Matthew Offord Portrait Dr Offord
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Although that is indeed admirable for those leaseholders, my constituents in Premier House in Edgware are still being told by the freeholder of their building that they must pay for the removal of the dangerous cladding. That has resulted in thousands of pounds of costs for legal fees and safety measures, and it has rendered their properties unsaleable. Will the Minister assure me that the Government have a plan B for leaseholders who are held liable for costs? Will she advise me when my constituents can reasonably expect their situation to be resolved?

Heather Wheeler Portrait Mrs Wheeler
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My hon. Friend will have to excuse me for speaking with my back to him.

My hon. Friend works tirelessly to support the residents of Premier House in Edgware on the removal of cladding. I understand that that case will be brought before a tribunal at the beginning of April. The Government have made it clear that we expect building owners in the private sector to protect leaseholders from remediation costs. A growing list of companies, including Barratt Developments, Mace Group and Legal & General, are doing the right thing and are taking responsibility, and I can announce that Aberdeen Asset Management and Fraser Property have also joined that list. I urge all other owners and developers to follow the lead of those companies. I will consider all other options if they do not do so.

John Bercow Portrait Mr Speaker
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The growing phenomenon of Ministers reading out great screeds that have been written is very undesirable. A pithy encapsulation of the argument is what the House wants to hear.

Jim Fitzpatrick Portrait Jim Fitzpatrick (Poplar and Limehouse) (Lab)
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Last week, the Minister told me that the Department is keeping pressure on Ballymore Ltd, following the Secretary of State’s letter of 19 December, for which I am grateful. However, the leaseholders have now received an offer from Ballymore saying that the bill is £2.4 million for fire safety work. They can have half a million pounds off, but they must pay the rest. That offer is only open until 31 March. What more can the Department do to help my constituents? Time is clearly running out.

Heather Wheeler Portrait Mrs Wheeler
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I am not reading from any notes, Mr Speaker.

I thank the hon. Gentleman for that very useful information. If we can see the letter, we will take the matter forward.

John Bercow Portrait Mr Speaker
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Excellent.

Robert Neill Portrait Robert Neill (Bromley and Chislehurst) (Con)
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20. The Housing Minister, in response to a debate on Wednesday 22 January, indicated that he had written to the owners and the developer of Northpoint in Bromley. It is exactly the same situation as that outlined by my hon. Friend the Member for Hendon (Dr Offord). Has the Minister yet had a response, and what assurance can be given to Bromley Council about the guidance should it use emergency remedial powers under the Housing Act 2004?

Heather Wheeler Portrait Mrs Wheeler
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It is a pleasure to be able to face my hon. Friend; I apologise to hon. Members behind me.

The Secretary of State has written, and we are awaiting the outcome to that. As soon as we get a reply, we will be in touch directly with my hon. Friend.

John Bercow Portrait Mr Speaker
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I call Jim McMahon.

--- Later in debate ---
Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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10. What steps his Department is taking to tackle the exploitation of park home residents.

Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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The Government are committed to ensuring that park home residents are better protected. We have set out a range of measures to review the park home legislation and tackle the abuse and financial exploitation of residents. New legislation will be introduced when parliamentary time allows.

Helen Whately Portrait Helen Whately
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Residents of leisure park homes in my constituency appear to have been mis-sold their properties by rogue site owners, and they are now vulnerable to exploitative charges and intimidation. Will my hon. Friend consider extending the provisions of the Mobile Homes Act 2013 to give leisure home owners more rights and protections, and will she take a broader look at the mis-selling and misuse of leisure homes?

Heather Wheeler Portrait Mrs Wheeler
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My hon. Friend has been a thorough champion on behalf of residents of leisure park homes. The situation is iniquitous. The Mobile Homes Act applies to residents of sites with residential planning permission, but leisure home owners are protected under consumer rights legislation. My Department is working with the Department for Business, Energy and Industrial Strategy, which is responsible for consumer issues, to better communicate those protections to leisure home owners. I look forward to meeting my hon. Friend shortly to discuss the matter again.

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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11. What steps his Department is taking to reduce the time taken to build new homes.

--- Later in debate ---
Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
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17. What recent assessment he has made of the adequacy of emergency cold weather accommodation for rough sleepers.

Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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The severe weather emergency protocol provision ensures that people sleeping rough are provided with emergency shelter during cold weather. Alongside the £30 million rough sleeping initiative funding for 2018-19, we have launched a £5 million cold weather fund to help authorities to provide additional emergency and longer-term accommodation this winter.

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

I thank the Minister for that answer. New Life Church, together with North Lincolnshire Council, is providing temporary support for people in really bad weather. Good work is also being done locally with the Forge project. What will the Government do to ensure that such projects continue into the future to help homeless people?

Heather Wheeler Portrait Mrs Wheeler
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I thank the hon. Gentleman for that excellent supplementary question. The straightforward answer is that I would urge all councils that have not applied before to apply to this new fund and we will see what we can do for north-east Lincolnshire.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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T1. If he will make a statement on his departmental responsibilities.

Holocaust Memorial Day

Heather Wheeler Excerpts
Thursday 24th January 2019

(5 years, 3 months ago)

Commons Chamber
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Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
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I thank the Backbench Business Committee, and commend the hon. Member for Dudley North (Ian Austin) for securing this vital debate.

It has been a real privilege to hear nearly 30 powerful speeches and contributions by hon. Members across the House. It was a particular honour to hear the personal stories of the hon. Members for Dudley North and for Bassetlaw (John Mann). I echo the pledge to fight racism and prejudice wherever it is found. To put the mind of the hon. Member for Glasgow East (David Linden) at rest, Lord Pickles is focused on the matter of restitution.

The holocaust remains an incalculable tragedy that has touched so many lives, including hundreds of refugees, kinder and holocaust survivors who now call Britain home. Every year we are privileged to hear their testimony. Some tell of their life before the Nazi occupation and the impact of Kristallnacht. Others give harrowing accounts of conditions in the death camps and the forced marches. Others were separated from their parents as children, to be brought up safely.

There are also stories of those who reached out and saved others. We can take pride in the fact that some of those extraordinary people were British. One such man worked for the Foreign Office. As we have heard, his name was Captain Frank Foley. Just yesterday, at a moving ceremony in the Foreign and Commonwealth Office, a bust of Captain Foley was unveiled by the Foreign Secretary, and holocaust survivor Mala Tribitch.

As we have heard, the theme of this year’s Holocaust Memorial Day is Torn from Home. It is especially poignant for me, as Minister responsible for housing and homelessness. Home usually means a place of safety, comfort and security. As I think about the holocaust and the subsequent genocides in Cambodia, Rwanda and Srebrenica, I am mindful of the thousands upon thousands of people who never saw their homes again. It is also important to note that this year is the 40th anniversary of the genocide in Cambodia and the 25th anniversary of the genocide in Rwanda—in 2013 I had the honour to visit the memorial in Kigali.

Few events have had such a monumental impact on our democracy, our history and our values as the holocaust. That is why this Government are so proud to support the Holocaust Memorial Day Trust and its vital work in communities across the country. I pay tribute to Laura Marks and the team led by Olivia Marks-Woldman who have ensured that Holocaust Memorial Day goes from strength to strength. Their incredible efforts will see more than 10,000 events take place up and down the country this year.

I acknowledge a number of others as well: Karen Pollock and the work of the Holocaust Educational Trust, educating young people of every background about the holocaust and the important lessons it teaches us today; Dr Ben Barkow, his work at the Wiener Library and in setting up the Holocaust Explained website to help us all better understand that dark period of history; Lillian Black, who has worked tirelessly to create the holocaust centre at Huddersfield University, which will provide vital holocaust education for young people; and, finally, the amazing work at the holocaust memorial centre in Newark, which is ensuring that survivor testimony is preserved for future generations.

I will also reflect on the historic task given to my Department to build a national holocaust memorial and learning centre, which we are doing with a cross-party foundation headed by the right hon. Lord Pickles and the right hon. Ed Balls. There can be no more powerful symbol of our commitment to remember the men, women and children who were murdered in the holocaust, and all the other victims of Nazi persecution, including Roma, gay and disabled people, masons and others. It will draw on the history of the holocaust and subsequent genocides. It will stand as a memorial, yes, but equally it will stand as a warning—a warning of where hatred can lead and a warning that when we say, “Never again”, we have to mean it.

After the liberation of Auschwitz-Birkenau—which I was privileged to visit privately in 2017—the world said, “Never again.” Yet exactly 30 years later, in Cambodia, the Khmer Rouge claimed the lives of a quarter of the population through mass murder and starvation, and we said, “Never again.” Twenty years later, almost 1 million Rwandans were murdered in 100 days, in a conflict in which friend turned against friend, and neighbour against neighbour. Once more, we said, “Never again.” We then witnessed the murder of 8,372 mostly Muslim men and boys in Srebrenica—I pay tribute to my hon. Friend the Member for Beckenham (Bob Stewart) for his amazing speech—and we said, “Never again.”

Rather than despair at the world’s collective failures, however, we must reaffirm our ongoing responsibility as citizens, as a nation, to do everything we can to stop such atrocities happening again. We must remember, too, that tolerance and reconciliation begin at home. The rise in the number of antisemitic incidents in the UK is shameful. It saddens me that Jewish communities in the UK should ever feel a sense of threat.

Each year that passes, I am mindful that living witnesses to the tragedy of the holocaust are becoming fewer in number, so I will conclude by remembering two incredible women we lost last year: Gena Turgel, who survived the Krakow ghetto, a death march, Auschwitz and Bergen-Belsen, as we have heard; and Sabina Miller, who was born in Warsaw, survived the Warsaw ghetto and spent most of the second world war on the run from the Nazis. In later life, Sabina worked closely with the Holocaust Memorial Day Trust, receiving the British Empire Medal in 2017 for services to education. Both lives are a warning of the dangers of hatred but, equally, they are profound examples of tolerance, kindness and respect. They are examples we should do our best to follow—and never forget.

Again, I thank everyone for this debate. It is the right thing to do. It has been an honour for me to be the Minister replying today.

Tenant Fees Bill

Heather Wheeler Excerpts
John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

With this it will be convenient to discuss the following:

Lords amendments 2 to 35.

Lords amendment 36, and amendment (a) in lieu.

Lords amendment 37, and amendments (a) and (b) thereto.

Lords amendments 38 to 47.

Lords amendment 48, and amendment (a) thereto.

Lords amendments 49 to 60.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

I draw Members’ attention to my entry in the List of Ministers’ Interests.

I am delighted that today we have a final opportunity to scrutinise the Tenant Fees Bill. I am grateful for the considered contributions from hon. Members to date. In particular, I thank the members of the Housing, Communities and Local Government Committee, chaired by the hon. Member for Sheffield South East (Mr Betts), for their pre-legislative scrutiny. I also thank the Opposition Front Benchers, the hon. Members for Great Grimsby (Melanie Onn) and for Croydon Central (Sarah Jones), for their constructive engagement.

It has been clear throughout that the Bill is one that we all support and that will deliver important changes in the private rented sector, improving the lives of millions of tenants. Letting fees can impose a significant burden on tenants, who often have little choice but to pay them time and again. The Bill will put a stop to such practices by banning unfair and hidden charges, making it easier for tenants to find a property at a price they are willing to pay, and saving renters an estimated £240 million in the first year alone. I know the changes may worry some in the lettings market, but agents who offer good value and high-quality services to landlords will continue to be in demand and play an important role in the sector.

Before I speak to the Government amendments made in the other place, I want to put on the record my thanks to my noble Friend and ministerial colleague Lord Bourne of Aberystwyth, who ably steered the Bill through the House of Lords, and to my noble Friend Lord Young of Cookham, who assisted. I also thank all peers who contributed positively to the debate. The Bill has benefited from their constructive engagement and scrutiny. Finally, I thank the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak), for his efforts in leading the Bill through this House last year.

I believe the Lords amendments strengthen the Bill and respond to many concerns raised during the debate in this House. Lords amendments 1, 2, 5 to 12, 15 to 18, 28 to 35, 49 and 55 are minor and technical inclusions that ensure consistency in the Bill and that the Bill best delivers on the policy intent. Lords amendment 5 clarifies that letting agents are prohibited from requiring a tenant or relevant person to enter into a contract with themselves—for example, for additional services such as providing an inventory. Lords amendment 1, 2, 6 to 12 and 28 to 35 replace references to “tenant” with references to “relevant person”. Amendment 55 changes a reference to “incorrect and misleading information” to “false and misleading information”, to align with other references in schedule 2. Amendment 15 to 18 ensure that the language around “day” and “date” in clause 11 is consistent, and amendment 49 makes it clear that the definition of a television licence in paragraph 9 of schedule 1 applies to the entire Bill.

I know that many hon. Members feel passionately about capping tenancy deposits. The issue has been discussed in great detail in both Houses, and we have listened carefully to the arguments made. That is why we tabled Lords amendments 36 and 37 to lower the cap on deposits to five weeks’ rent for properties where the annual rent is less than £50,000; where the annual rent is £50,000 or more, the deposit cap will remain at six weeks’ rent. The vast majority of tenants will be subject to a deposit cap of up to five weeks’ rent. The higher six-week deposit cap will apply only to properties where the monthly rent is £4,167 or more. Valuation Office Agency data show that across England the median monthly rent is significantly less than that. The upper quartile monthly rent for properties with four or more bedrooms in London is £3,142. The higher deposit cap is intended to apply not to the bulk of the private rented sector, but to high-end rentals—a niche area of renting where the costs involved are greater, making a deposit cap of six weeks’ rent more appropriate.

The Government took a balanced view. We wanted to ensure that landlords had sufficient financial security and flexibility for their properties, but recognised concerns that a six-week cap for all tenants might not best deliver the changes to affordability that are needed at the lower end of the market. Importantly, a cap of five weeks’ rent for properties with an annual rent of less than £50,000 extends the benefits of the deposit cap to an estimated one in three tenants. I am sure hon. Members agree that that is a laudable outcome. Also importantly, a cap at five weeks’ rent also aligns with a recommendation made by the Housing, Communities and Local Government Committee.

The amendment tabled by the hon. Member for Great Grimsby would lower the tenancy deposit cap to three weeks’ rent for all tenancies. Above all, the amendment would not help tenants and it risks distorting the market and causing behavioural change. Using data from deposit protection schemes, we estimate that some 93% of deposits now exceed three weeks’ rent. A cap of three weeks’ rent would greatly increase the risk of the deposit not fully covering damage to the landlord’s property or any unpaid rent.

Mark Prisk Portrait Mr Mark Prisk (Hertford and Stortford) (Con)
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As a member of the Housing, Communities and Local Government Committee, I am delighted that the Government have adopted the recommendation of five weeks. Does my hon. Friend agree that having a three-week cap is a rather peculiar notion? I do not recall a single piece of evidence from any expert citing that cap. Does she agree that the evidence for such an amendment needs to be produced?

Heather Wheeler Portrait Mrs Wheeler
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My hon. Friend is completely right. The evidence to the Select Committee showed that there was no reason to have a three-week cap and that five weeks was better.

Richard Graham Portrait Richard Graham (Gloucester) (Con)
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The Minister is absolutely right: the Select Committee was clear in its recommendation, and when the matter was discussed in the Public Bill Committee, a lot of evidence was produced to demonstrate that five weeks was a good compromise, which landlords could accept and which would benefit most tenants. The Opposition’s object in proposing three weeks is purely political, enabling them to say to tenants, “We tried to get it much lower,” when in fact the result would surely be many fewer properties available in the market for renting, which would hurt our constituents.

Heather Wheeler Portrait Mrs Wheeler
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I could not have put it better myself. We do not want to create a situation that encourages landlords to withdraw from the market or ask tenants for more rent in advance, thus decreasing the overall net benefit of the ban on unfair charges. Also, we do not want to legislate in a way that would disadvantage certain groups, including pet owners and those who have lived abroad or have a poor financial history.

The real risk, as we have heard throughout the parliamentary process, is that a cap of four or three weeks’ rent could encourage tenants to forgo their final month’s rent payment. The Housing, Communities and Local Government Committee and peers in all parts of the other House recognised that risk and agreed that a deposit of five weeks’ rent was the right compromise. Lords amendments 36 and 37 are the result of cross-party discussion and agreement. It is worth noting that the hon. Member for Great Grimsby publicly welcomed the five-week deposit cap when it was announced. With that in mind, I hope hon. Members recognise that the Government have already proposed the best solution to the tenancy deposit cap.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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Is my hon. Friend aware of anywhere in the world, and certainly any part of the United Kingdom, where deposits are capped at three weeks’ rent? Indeed, as she knows, the cap in Scotland is eight weeks’ rent.

Heather Wheeler Portrait Mrs Wheeler
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I thank my hon. Friend. He has great knowledge of these matters and it is always helpful to hear that. In Scotland, it is eight weeks. We are putting forward five weeks. No, I am not aware of a cap at three weeks.

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Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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The Minister will recall that, during the pre-legislative scrutiny in the Select Committee, one of the issues raised was about enforcement of rights. Does she agree that it is necessary to properly fund local authorities so that they can challenge landlords who seek to charge unfair fees?

Heather Wheeler Portrait Mrs Wheeler
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Yes, indeed. I thank the hon. Lady for her intervention. I will get on to that point later in my speech, so she will have to stay and listen to the end, I am afraid.

Kevin Hollinrake Portrait Kevin Hollinrake
- Hansard - - - Excerpts

I must draw the House’s attention to my entry in the Register of Members’ Financial Interests. The Minister talks about agents and landlords having reassurance about being able to make reasonable charges where their action or work is required through the fault of the tenant. The Bill does make provision for this in a situation with the loss of keys, but it makes no provision for the costs of chasing late rent, despite the fact that it may take several attempts to collect it. In effect, that means that charges would be increased on the landlord at the expense of good tenants, on the basis that some bad tenants who do not pay their rent on time create a lot more work for the agent or the landlord.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

Again, I thank my hon. Friend for his intervention. He is so deeply imbued with knowledge of these issues that I take note of it. I think he will find that later in the Bill there is a clause that might be helpful to him.

There is also a power in clause 3 to amend the list of permitted payments, including the level of the deposit cap and types of default fees that can be charged, should this be required.

Lords amendment 48 clarifies that landlords and agents will still be able to charge for any damages for contractual breaches as they do now. On this point, the hon. Member for Great Grimsby has tabled an amendment seeking to ensure that, where a landlord or agent wishes to charge a payment for damages, they must provide evidence in writing to demonstrate that their costs are reasonable. I would like to reassure her, and other hon. Members, that that amendment is not necessary. It has never been the intention that the Bill affects a landlord or an agent’s right to recover damages for breach of contract under common law. That is why we brought forward Lords amendment 48 to clarify the position and to ensure that such payments will not be outlawed under the ban. I want to reassure hon. Members that this does not create a back door to charging fees. I repeat: it does not create a back door to charging fees. Damages are generally not meant to do anything more than put the innocent party back in the position they would have been in had the contract not been breached. No reasonableness test is therefore needed. There are already large amounts of case law that deal with what is appropriate in a damages case. If an agent or a landlord attempts to insert a clause that requires a payment—for example, saying, “If you do X, you must make a payment”—this will be prohibited under clause 1(6)(b) or clause 2(5)(b). Further, landlords or agents are required to go to court if they want to enforce a damages claim, or they could seek to recover them from the tenancy deposit. In both cases, they would need to provide evidence to substantiate any claim, and they would only be awarded any fair costs.

As such, the hon. Lady’s amendment is unnecessary. It would also not be appropriate for this Bill to start tweaking years of existing case law regarding damages payments. We are more likely to confuse the landscape than to clarify it. We are committed, on this matter, to working with Citizens Advice, Shelter and other industry groups to ensure that tenants fully understand their existing rights with regard to paying and challenging contractual damages. We have already taken steps to update our guidance to make this point clear. I hope that, with those reassurances, the hon. Lady feels able to withdraw her amendment.

Hon. Members will be aware that the Bill introduces a clear set of rules around holding deposits. This will improve transparency and provide assurances from both tenant and landlord around the commitment to entering into a tenancy agreement. To minimise the risk of abuse, Lords amendment 54 introduces a formal requirement for landlords and agents to set out in writing why they are retaining a deposit. This will empower tenants to challenge decisions that they believe to be unfair. It will also ensure that tenants do not continue to apply for properties and risk losing their holding deposit time and again without understanding why.

We also agree that it is not right that landlords and agents accept multiple holding deposits for the same property. That is why Lords amendment 41 ensures that a landlord or an agent can only take one holding deposit at any one time for a property, unless permitted to retain the earlier deposit. Lords amendment 50 will ensure that a tenant receives their holding deposit back when the tenancy agreement is entered into. Previously, it could have been the case that a landlord might have had grounds to retain the holding deposit, and done so but entered into the tenancy anyway. Further, Lords amendment 59 clarifies that a holding deposit must be refunded where a landlord or an agent imposes a requirement that breaches the ban or behaves in such a manner that it would be unreasonable to expect the tenant or relevant person to enter the tenancy. This will, for example, give tenants greater power to object where a landlord or agent has asked them to pay an unlawful fee or to enter into an agreement with unfair terms.

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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This is a very stressful time for tenants; I have had a case raised with me very recently. That is particularly so for those who are forced, for one reason or another, to move frequently, which seems to happen more often in London than elsewhere, including Taunton Deane. Does the Minister agree that these amendments and this Bill are going to make a real difference to their security, particularly the fact that they have redress over the deposit issue, which is incredibly stressful if they have to try to claim it back?

Heather Wheeler Portrait Mrs Wheeler
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My hon. Friend is quite right. It does seem to be a bit more of a thing in the south-east than anywhere else. Nevertheless, this Bill, which we hope to get through tonight with no ping-pong, will apply across the whole of England, and it will help tenants going forward, so I thank her for her question.

Lords amendments 13, 14, 19, 20, 38 to 40, 51 to 53 and 56 to 58 are consequential to those on holding deposits that I have just described.

I would like to discuss some amendments made to ensure that the Bill does not adversely affect organisations that were never intended to be in scope. We have taken local housing authorities and the Greater London Authority, or any organisation acting on their behalf, out of the definition of “relevant person”. Lords amendments 3 and 4 ensure that those authorities and those acting on their behalf will be able to make payments in connection with a tenancy when acting on behalf of a tenant or guaranteeing their rent.

Local authorities have a duty to help the homeless find accommodation. We recognise that, as part of this, councils may need to provide assistance to applicants—financial or otherwise—to access private rented accommodation. We do not want inadvertently to prevent a local authority from carrying out that vital work.

Further, Lords amendments 24 to 26 exclude certain licences to occupy where advice or assistance is provided in connection with the grant, renewal or continuation of the licence by charities or community interest companies. The types of licence that will be excluded are those that have been granted primarily for the provision of companionship or companionship combined with care or assistance where no rent is paid. This ensures that the important work of schemes such as Homeshare can continue. Homeshare matches a person in housing need—often a young person—with a householder, who is often elderly and needs companionship, sometimes combined with low-level care or assistance. I am sure we all agree that that is a worthy cause that was never intended to be in scope of the ban on letting fees.

Lords amendments 21 to 23 and 27 ensure that the forthcoming client money protection provisions work as intended. We want to give landlords and tenants financial security, but not in such a way as to impose disproportionate and unnecessary burdens on industry, which might adversely impact tenants and landlords. We have clarified that money that has already been protected through a Government-approved tenancy deposit scheme is not required to be doubly protected by a client money protection scheme. That was never the policy intention.

We will also not require schemes to pay out where certain risks are excluded by insurers. Those policy exclusions typically refer to events such as war, terrorism or confiscation by the state. Neither can we expect schemes to hold insurance for every penny held by agents. Our amendments ensure that the level of insurance held by schemes is proportionate to the risk of client money being lost. We are permitting schemes to impose limits per individual claimant and aggregate limits, where they are at least equivalent to the scheme’s maximum probable loss. That is an accepted industry practice, and the Financial Services Compensation Scheme imposes such limits.

The amendments on client money protection also provide for a transitional period of 12 months after the requirement to belong to a scheme comes into force, permitting agents to join a scheme where they are making all efforts to apply for a client account but have not yet obtained one. We want to give agents sufficient time to find a bank that offers a pooled client account. Schemes will be able to work with agents to find an appropriate banking provider where they are having difficulty. I would like to be clear that the 12-month transitional period only applies in relation to applying for a pooled client account and not the requirement to belong to a client money protection scheme more broadly. That is intended to come into force on 1 April 2019, prior to the ban on fees, and as long as we do not have ping-pong.

Lords amendment 27 clarifies that the lead enforcement authority set up under the Bill can also enforce the client money protection regulations, and Lords amendment 60 is a consequential amendment to the title of the Bill. These amendments will ensure that client money protection gives tenants and landlords the financial security that they want and deserve, without imposing unreasonable and disproportionate costs on industry, which could increase costs for tenants and landlords.

Above all, these amendments improve affordability, strengthen protection for tenants and minimise the risk of abuse by the minority of rogue landlords and agents. They ensure that the Bill’s key provisions are clear and transparent on the face of the Bill, offering tenants the certainty and security that they deserve. I hope that Members will welcome the changes that have been made, which I firmly believe address the key concerns raised in this House. I am confident that the measures in the Bill will help to deliver the fairer and more affordable private rented sector that we all want to see for tenants, but also for decent, professional landlords and agents who are providing a vital service.

It is in all our interests to see this crucial legislation become law as quickly as possible and avoid any delay that ping-pong would inevitably cause. We need to allow a short period following Royal Assent to enable agents and landlords to become compliant with the new legislation. We therefore intend the provisions in the Bill to come into force on 1 June 2019, which means that the ban would apply to all new tenancies entered into on or after that date.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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Does the Minister feel, as I do, that the Bill will incentivise private landlords to give more tenancies, particularly to people who are on social benefits?

Heather Wheeler Portrait Mrs Wheeler
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I thank my hon. and gallant Friend for his question.

Bob Stewart Portrait Bob Stewart
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Not so gallant today.

Heather Wheeler Portrait Mrs Wheeler
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Always gallant. The Bill will help enormously to ensure landlords’ safety, while financially benefiting tenants.

Bob Stewart Portrait Bob Stewart
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It is for both sides.

Heather Wheeler Portrait Mrs Wheeler
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Indeed—well said.

Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
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I think my hon. Friend is coming to the conclusion of her contribution. She mentioned when these measures will come into force for new tenancies. Could she clarify that the Bill will apply to not only brand new tenancies, where a tenant moves into a property, but also existing tenancies that are renewed by being rolled over or where the tenant remains in situ and enters into a new tenancy agreement?

Heather Wheeler Portrait Mrs Wheeler
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I thank my hon. Friend, who has been assiduous in his time on the Housing, Communities and Local Government Committee. The intention is for the Bill to apply to all new tenancies signed after 1 June. As he said—he must have better eyesight than anyone—I am close to concluding.

The exception to the 1 June date is the client money protection provisions in the Bill, which, as I have said, come into force on 1 April 2019. Ahead of that, we will continue to work closely with key stakeholders to support implementation of the ban. We will work with industry groups to ensure that the ban is properly communicated, and we continue to work with local authorities to ensure that they are ready to enforce it. I have already shared the draft consumer and enforcement guidance with Members, and it is now being updated to reflect the Lords amendments.

Jeff Smith Portrait Jeff Smith (Manchester, Withington) (Lab)
- Hansard - - - Excerpts

I am pleased that the Government want to act quickly on this. Given how hard-pressed local authorities are, what will the Government do to help them manage this situation?

Heather Wheeler Portrait Mrs Wheeler
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Like my hon. Friend the Member for Harrow East (Bob Blackman), the hon. Gentleman is prescient about what I am about to say. We are working with National Trading Standards to appoint the lead enforcement authority under the Bill. That will be a local trading standards authority appointed by the Secretary of State, and we intend the body to be in place ahead of implementation.

In conclusion, I very much hope that Members will support the amendments made by the Government and look forward to seeing the legislation implemented. I also hope that the hon. Member for Great Grimsby, having heard and accepted my assurances, will withdraw her amendments.

Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
- Hansard - - - Excerpts

It is a pleasure to speak in this important debate. I would like to thank the Minister for her approach and the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Richmond (Yorks) (Rishi Sunak), who steered the Bill through Committee and was open to hearing the Opposition’s views on this small but very important Bill.

I shall speak in support of amendment (a) to Lords amendment 36; amendments (a) and (b) to Lords amendment 37; and amendment (a) to Lords amendment 48. I shall also pay tribute to the work that has been done in Committee, where there was a lot of fruitful conversation and consideration, and in the other place, which has resulted in the Bill arriving back in the Commons in a far better state. It is not just my hard work or the Minister’s hard work that has gone into the Bill. We are backed up by an enormous number of people, including charities, members of the Housing, Communities and Local Government Committee, who are listening keenly to our debate, and civil servants, who have put in many hours to make sure that the Bill is fit for purpose. I am very grateful to all those people who have participated.

In Committee and on Report, we discussed at length the default fee clause. Originally, the Government fought very hard against opposition from Labour and charities such as Shelter to remove a gaping loophole, which would have left the definition of a default to the discretion of those drafting tenancy agreements. It is interesting that Lords amendment 47 bears a striking resemblance to amendment 3, which I pressed on Report. Back then, the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Richmond (Yorks), said:

“We believe it is for the tenant and the landlord to determine what it is necessary and fair to include as default charges, on a case-by-case basis. There are other potential default charges besides those for late payment of rent and lost keys.”—[Official Report, 5 September 2018; Vol. 646, c. 208.]

It is welcome that the Government have rowed back on that, despite being so bullish about it during the Bill’s passage through the Commons. I do hope that they bear that in mind when considering amendments to future housing Bills, in which I hope to play a role, and are more thoughtful. If amendments are tabled in good faith, I hope that Government Members would accept that, and if they are worth adopting, do so at an early stage, so that we do not appear conflicted on measures that are positive overall, particularly in this case for people in the private rented sector who are seeking a home and trying to access one.

As the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for South Derbyshire (Mrs Wheeler), pointed out, Labour always welcomes Government acceptance of the principles and details of our ideas, and we welcomed their acceptance of a Labour proposal in Lords amendment 47 to enshrine what counts as a default fee in the Bill. We believe that that will close a significant loophole in the Bill, moving it far closer to the type of tenant fees Bill that Labour has been proposing since 2013.

We have a number of concerns about the Lords amendments, as the Bill still does not reach its full potential to protect tenants from unscrupulous landlords who want to charge unfair fees. We are very keen to point that this is about the unscrupulous few, not the fair-minded, reasonable and proper many who exist out there. First, Lords amendment 48 adds a new permitted payment of damages to the Bill. The Minister touched on that, so I may have to revise what I am going to say—I hope that hon. Members will bear with me. We tabled an amendment because we are concerned about Lords amendment 48, but that does not extend to a belief that damages in principle are fundamentally wrong. Landlords should not have to pay for repairs when tenants cause damage to their properties, but we do not understand why the Lords amendment is necessary, and why it seemingly misses out a number of protections that are present in other parts of the Bill.

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Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

I am always willing to give the hon. Lady greater reassurance. Lords amendments 42 and 47 ensure that landlords and agents can charge default fees only in specified circumstances, which are listed in the Bill. Lords amendment 48 permits landlords and agents to recover costs for damages only in breach of contract.

Melanie Onn Portrait Melanie Onn
- Hansard - - - Excerpts

I thank the Minister for that very helpful further explanation.

Another Opposition concern about the Lords amendments is that the Bill still does not go far enough to remove the barriers that high deposits pose to millions of renters across the country. Our amendments seek to address two points. The Minister says that reducing the deposit cap from five weeks to three would not help tenants, but I believe it would. A reduction of two weeks’ advance payment will of course help tenants to access properties. It would reduce barriers for private renters and enable them to access the rental markets, including for the first time. Turning that into a negative takes some extraordinary creative gymnastics, on which I congratulate the Minister.

--- Later in debate ---
Bob Blackman Portrait Bob Blackman
- Hansard - - - Excerpts

I see the hon. Lady nodding about that point. Those two things are equally important.

Another consideration, which has not yet come out in the debate, is the economic impact of what happens with deposits. If we lowered deposits, I suggest that landlords would likely increase the rent over the period and—this is the key point—tenants would end up far worse off as a direct result, because landlords would have inflated the rent in order to recover the moneys due.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

Let me clarify something about the ban applying to all new tenancies from 1 June. There will be a 12-month transition for tenancies signed before 1 June during which tenants can be charged. After 1 June 2020, no tenants can be charged fees banned under the Bill, which gives a clear date for when the provisions of the Bill will apply to all tenancies.

--- Later in debate ---
Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - - - Excerpts

I, too, draw the House’s attention to my entry in the Register of Members’ Financial Interests.

The Bill has returned to the Commons in a much better state than it was in when it left. The loophole relating to default fees has now gone. The detail on default fees will be on the face of the Bill, which will specify

“a key…or other security device”.

There is much more transparency in relation to the holding of deposits, with a fairer transaction between letting agents and tenants, and the deposit levels are better aimed at people on low incomes, having been reduced to five weeks’ rent.

I listened carefully to both sides of the argument about the length of deposits. I listened to what was said by the hon. Member for Great Grimsby (Melanie Onn), but I also listened to the counter-arguments. I entirely agree with the hon. Lady that we need to protect tenants and make the system easier for them, because there is a tough world out there for people on low incomes. I also agree that we should not inadvertently disadvantage renters. As long as we do not have the number of affordable and social homes that we need, they will always be in that tough world in which, ultimately, they are at the mercy of landlords when it comes to charges. This is only the beginning of an overall improvement for renters, and I hope very much that we will continue to make changes in the law that will make life easier for them, but I also hope that we will eventually provide the number of homes that we need in order to create an entirely fair rental market.

I pay tribute to my colleagues in the House of Lords, Lord Shipley and Baroness Grender. Lady Grender initiated these proposals in a Private Member’s Bill in 2016 and, with Lord Shipley, worked assiduously with the Government to improve the Bill. I also congratulate the groups that have long campaigned for this change in the law, including Shelter, Generation Rent and Citizens Advice.

For too long, upfront costs—often rip-off fees charged to tenants by unscrupulous lettings agencies—have pushed people into unmanageable levels of debt, and sometimes into homelessness. The current system means that people, particularly those on low incomes, must pay as much as £3,000 to move, even if they will be paying a lower rent. Some have predicted that we will see a rise in rents as a result, but evidence from Scotland suggests that that is unlikely. If rents rise, the relatively small amount per month will be manageable in comparison to the extortionate amount that it costs to move.

For too long people living in the private rented sector have been treated as second-class citizens, and the Bill goes some way towards putting that right. The Liberal Democrats welcome it, and welcome the Conservatives’ change of heart. We look forward to its introduction on 1 June, with only the small regret that it has taken so long for it to reach this stage. As I said earlier, I hope that we will continue to make changes in the law to make it easier for people to rent in a fair market where there is a good number of affordable and social homes.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

With the leave of the House, Madam Deputy Speaker. I shall be very short and very pithy.

I thank Members on both sides of the House for their passionate and constructive contributions to the Bill’s passage. I also thank the civil servants who have worked so hard to bring the Bill to this successful stage. We particularly wanted that to happen quickly so that the lady who is pregnant would not give birth in the Box. I have told her that if the baby is a boy, it must be called Bill!

I hope we can all agree that improvements have been made, thanks to the work of many Members on both sides of the House, and that as a result the Bill will be even more effective in delivering its promise to protect tenants from unfair charges. I hope that the assurances I have been able to give will mean that the Commons amendments will not be pressed to the vote.

Lords amendment 1 agreed to.

Lords amendments 2 to 35 agreed to.



Schedule 1

Permitted Payments

Motion made, and Question put, That this House agrees with Lords amendment 36.—(Mrs Wheeler.)

The House proceeded to a Division.

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
- Hansard - - - Excerpts

I remind the House that the motion is subject to double majority voting of the whole House and of Members representing constituencies in England.

Tenant Fees Bill

Heather Wheeler Excerpts
Wednesday 23rd January 2019

(5 years, 3 months ago)

Written Statements
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Heather Wheeler Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
- Hansard - -

Today I have placed in the Library of the House the Department’s analysis on the application of Standing Order 83O in respect of any motion relating to a Lords amendment, for Commons consideration of Lords amendments stage for the Tenant Fees Bill.

[HCWS1265]

Housing, Communities and Local Government

Heather Wheeler Excerpts
Monday 21st January 2019

(5 years, 3 months ago)

Ministerial Corrections
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Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

The hon. Member for Ellesmere Port and Neston (Justin Madders) mentioned the £10 ground rent. For a peppercorn to exist there must be a consideration of exchange of money. We are concerned that peppercorn could be open to abuse and therefore we have considered that an amount should be specified in statute. We have chosen £10 because that is the annual amount used for right to buys.

[Official Report, 13 December 2018, Vol. 651, c. 204WH.]

Letter of correction from the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for South Derbyshire (Mrs Wheeler):

An error has been identified in the response I gave to the hon. Member for Ellesmere Port and Neston (Justin Madders).

The correct response should have been:

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

The hon. Member for Ellesmere Port and Neston (Justin Madders) mentioned the £10 ground rent. For a peppercorn to exist there must be a consideration, which can include an exchange of money. We are concerned that peppercorn could be open to abuse and therefore we have considered that an amount should be specified in statute. We have chosen £10 because that is the annual amount used for right to buys.

Guildford Borough Council

Heather Wheeler Excerpts
Wednesday 16th January 2019

(5 years, 3 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

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

It is a pleasure to serve under your chairmanship, Mr Betts. I draw Members’ attention to my entry in the Register of Ministers’ Financial Interests. Mr Betts, do you mind if I shuffle around a bit? Of course I should not have my back to the Chair, but I want to address my hon. Friend the Member for Mole Valley (Sir Paul Beresford) directly.

I congratulate my hon. Friend on securing this debate on local plans—particularly the draft Guildford local plan—and more specifically on the use and development of land within the green belt. I am grateful for the opportunity to speak on the subject and thank my hon. Friend for the interest he takes in housing, planning and green belt matters, and for bringing these important matters to the Government’s attention. I am also grateful for the opportunity to debate with my predecessor, as a Minister in a former incarnation of my Department, and former leader on Wandsworth Council.

It may come as a disappointment to my hon. Friend that I cannot comment on the specific details of the emerging Guildford local plan, although he mentioned that he already knows that. The Secretary of State has appointed an independent planning inspector to examine the plan, and at some point the Secretary of State may be called upon to act formally in relation to the plan. It is therefore important that he is seen to be acting impartially and allowing due process to run its course in the interests of all parties and the integrity of the planning system as a whole. However, I hope that my hon. Friend will find my contribution at least helpful.

I will start by talking about the importance of local plans in the round. The planning system should be genuinely plan-led, with up-to-date plans providing a framework for addressing the social, economic and environmental priorities for an area, which of course include housing need. Local plans are prepared in consultation with communities and play a key role in delivering needed development and infrastructure in the right places. Community participation is a vital part of accepting the development required to meet our housing needs.

Effectively engaging with communities throughout the process creates the best plans. Having an up-to-date plan in place is essential to planning for our housing requirements, providing clarity to communities and developers about where homes and supporting development should be built and where not, so that development is planned for, rather than the result of speculative planning applications. The Government are determined to build the homes our country needs and help more people get on the housing ladder. We are committed to delivering 300,000 homes a year by the mid-2020s through policies that aim to make better use of land and vacant buildings in order to provide the homes that communities need.

My hon. Friend raised a very good point about where it is appropriate to have higher density use—around railway stations or wherever. I am sure that point has been forcibly made to the planning inspector at those public meetings, and I am sure that, where appropriate, the planning inspector will take that on board.

Paul Beresford Portrait Sir Paul Beresford
- Hansard - - - Excerpts

I understand that, during the presentation of the local plan, the inspector inquired as to why there was not enough of that sort of development.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

I am always interested when planning inspectors ask nuanced, leading questions of local plans and answer them themselves at the same time. We await the planning inspector’s comments with interest.

As my hon. Friend correctly stated, the Guildford local plan is currently under examination, with further hearings due to be held on 12 and 13 February. That will give two more opportunities for people already involved in existing issues to make further comments and for the public to attend and listen. The resumed hearings will focus specifically on the implications of the 2016 household projections for objectively assessed need and the plan’s housing requirement. They will not be an opportunity to discuss matters already considered. Following the hearings, we expect the inspector’s report and recommendations to be published later this year. I encourage my hon. Friend and his constituents to study the findings of the examination at that point.

I reassure my hon. Friend of the robustness of local plan examinations. During an examination, an independent inspector appointed by the Secretary of State will robustly examine whether the plan has been prepared in line with relevant legal requirements. That includes the duty to co-operate with neighbouring authorities and whether it meets the tests of soundness contained within the national planning policy framework, including the extensive consultation requirements for involving local communities.

The inspector, in examining the plan against the tests of soundness, will consider, among other things, whether the plan is based on a sound strategy. In examining these matters, the inspector will take account of the evidence underpinning the plan, national planning policy and the views of all persons who made representations on the plan. I trust that reassures my hon. Friend that the examination of a plan is a thorough and robust process.

As the Guildford plan was submitted for examination before 24 January 2019, it will be examined against national planning policy set out in the 2012 national planning policy framework, including the rules on green belt development, which I will say a little bit more about later. The 2012 national planning policy framework maintains strong protections for the green belt and sets a very high bar for alterations to green-belt boundaries. It allows a local authority to use its local plan to secure necessary alterations to its green belt in “exceptional circumstances”. The Government do not list the exceptional circumstances, as they could vary greatly across the country. Instead, it is for plan makers, and the planning inspector at examination, to check that any change is fully justified. Each local authority is expected to plan to meet local housing need, in full if possible, over the plan period. The local authority then has to consider where to find land to fulfil that need. Only if it does not have enough suitable land because of other constraints and circumstances can a local authority consider a green-belt boundary change. That is the national policy position relevant to Guildford’s draft plan.

The revised national planning policy framework, published in July 2018, will apply to any plan submitted after 24 January 2019. In that framework, following consultation, we clarified the steps that a local authority needs to take to ensure that green-belt release is being proposed only in exceptional circumstances and is fully evidenced and justified. The new framework makes it clear that, in order for exceptional circumstances to exist, the local authority should be able to show that it has examined all other reasonable options for meeting its identified need for development. As I hope my hon. Friend will appreciate, there will therefore be more specific tests to demonstrate that exceptional circumstances exist. That will help examining inspectors to pick up on inadequate efforts to find land. It will still be up to inspectors to decide whether the level of evidence provided meets the exceptional circumstances test.

I again thank my hon. Friend the Member for Mole Valley for raising these important issues. He is aware that the Secretary of State has powers to intervene formally in a plan until it is adopted by an authority. However, we consider it important that the plan is allowed to run its full course and be tested properly first, before such action is considered. I strongly encourage my hon. Friend and his constituents to study the findings of the examination carefully when the inspector issues the final report later this year. I genuinely do thank my hon. Friend for his great interest in this matter. The green belt is precious to us all, as is housing for our children.

Question put and agreed to.

Protection for Homebuyers

Heather Wheeler Excerpts
Thursday 13th December 2018

(5 years, 5 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

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

It is a pleasure to serve under your chairmanship, Mr Sharma, as it was to serve under Ms Ryan’s.

I thank the hon. Member for Stretford and Urmston (Kate Green) for securing the debate and providing an opportunity to debate all the issues. I understand that she and many of us present today want better protection for purchasers of new-build homes. The Government are committed to making the housing market work. We aim to increase house building to an average of 300,000 net new homes a year by the mid-2020s. As we move towards achieving that target, we will not sacrifice higher quality and standards. They must go hand in hand. It is vital that as housing supply increases the quality of new-build homes continues to improve. In our housing White Paper we set out our ambition for a housing market that works for everyone. We expect all housing developers to deliver good quality housing, to do it on time, and to treat house buyers fairly.

I, like other hon. Members, was shocked to hear about the terrible experiences of the poor families featured on “5 live Investigates”, including the home with 354 faults. For families who worked hard to save and buy their new home it should have been an exciting time, as so many hon. Members have said. The programme highlighted the plight of Mr Wakeman and his partner Tracey Bickford. It was heartbreaking to hear Mr Wakeman read the list of issues with their home, and describe the disgraceful disruption to their lives, including having to move out of their home. Although theirs is an extreme example, such cases happen far too often. We all hear of them happening. I have heard it from many constituents who write to me through their Members of Parliament, and also in my own constituency correspondence.

Equally familiar are stories of houses not completed on time and purchasers who are not kept informed, which the hon. Member for Blaydon (Liz Twist) discussed. Families and households save for years to afford a new home. Those of us who are fortunate enough to have bought a home can remember the feeling of excitement and joy at getting the keys. Everyone deserves to be able to enjoy their home and start a new happy chapter in their lives.

We know that mistakes will happen. Building new homes is a complex undertaking, involving many different skills and trades, which necessarily means that there is a higher risk of something going wrong. The critical thing, however, is that when things do go wrong, house builders and warranty providers fulfil their obligations to put things right. The Government have been absolutely clear on that point. In too many cases problems with build and finish quality are not resolved quickly enough. The after-sale service that developers provide must improve. We shall therefore be keeping the pressure up on industry, not only to put things right but to prevent them from going wrong in the first place.

The Government are committed to reforming the process for purchasers of new-build homes to obtain redress. I acknowledge that the current process is complicated, and that the proliferation of schemes and warranties has resulted in varying levels of service and protection. That is why we are taking action.

In October—only two months ago—we announced our intention to bring forward legislation to require all developers to belong to a new homes ombudsman, because it is absolutely right that consumers should have fair, quick and easy ways to get things put right when they have a problem. Earlier this year we consulted on how we could improve redress, not just in relation to new-build homes, but for residents across all housing sectors. I will return to this later, but let me say now that we will be publishing our response to that consultation soon. At the same time as exploring more substantive reforms, we are challenging industry to simplify redress now and to provide proper support for consumers in the early years of a house purchase, when most problems occur, until we have the ombudsman in place.

In November—one month ago—I met the executive chairman of the Home Builders Federation, which is taking forward proposals to implement a better redress system, based on the recommendations in the reports by the all-party parliamentary group for excellence in the built environment published in 2016 and this year. I believe this work is a positive step in the right direction.

The hon. Member for Stretford and Urmston was very agitated, as were many other hon. Members, about the potential conflict of interest with solicitors. It is not acceptable that there is a conflict of interest. The Secretary of State has written to the Law Society on the issue and has also written to the Solicitors Regulation Authority, in the context of leasehold reform and conflicts of interest between developers and conveyancers. I expect those two authorities to take note and come back to us on the matter.

A number of hon. Members mentioned that we often hear that new-build homes are not completed to the standards required under building regulations. These regulations set the standards for the design and construction of new homes. The primary responsibility for compliance rests with the people carrying out the work. Work on new homes is subject to building control either by the local authority or a private approved inspector. However, it is the responsibility of the building control body to take all reasonable steps to assess compliance. It is a spot check process carried out at certain points during the building work. A building regulations compliance certificate issued by a building control body is not a guarantee of the highest standards and the responsibility is not removed from the builder or developer. If a consumer feels that the building control body did not carry out its functions properly, they may complain to the local government and social care ombudsman in respect of a local authority. A complaint about an approved inspector can be made to CICAIR, the Construction Industry Council Approved Inspectors Register, which is the body that approves inspectors.

The hon. Member for Poplar and Limehouse (Jim Fitzpatrick) asked about sections in the Housing Act 2004 and about local authority powers to make developers undertake remediation for unsafe cladding. I will write to him about that and also about retrospective fire sprinklers.

Melanie Onn Portrait Melanie Onn
- Hansard - - - Excerpts

I recently visited London Fire Brigade to talk about building regulations and the checks that are undertaken. The issue with spot checks is a real concern for safety. The failure to put an insulation sock underneath a window caused a new-build block of flats to be engulfed by fire just weeks after people had moved in. Can the Minister think of anything more that can be done to strengthen the system, to make sure it goes further than spot checks, so that key factors that support people’s safety in their homes are not missed?

--- Later in debate ---
Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

I thank the hon. Lady for that very useful intervention. My team will take that back and we will write to her with an answer.

We know more needs to be done and expect more to be done. That is why the Government announced measures to champion the rights of buyers of new-build homes, including a new homes ombudsman. That will provide one obvious place for consumers to go, and will have the powers such a body needs and the interests of consumers at its heart. It will ensure that when people buy a new-build home and do not find the standard of build they expect, they are treated fairly and their concerns are dealt with quickly. We will work with consumers and the industry to develop our proposals, which will be published in more detail soon and will set out the scope and powers of the ombudsman.

In the meantime, we have been challenging industry to improve redress in the shorter term. The work being done by the Home Builders Federation could lead to a voluntary new homes ombudsman and better redress for consumers in the short term, while Government works towards legislation. In our response to our redress consultation we will set out the standard we expect these voluntary arrangements to meet. We also expect that any new redress scheme for buyers of new-build homes should be free to the consumer, as in other sectors.

We believe there should be a clear and quick escalation route for issues of building safety and are exploring a number of options. Again, we call on the industry to implement actions and processes so that the examples we heard on BBC “5 live Investigates” do not happen in the first place. We want to see a marked improvement in the standards of new homes and will ensure that home buyers get those standards, not only for new-build homes but across the market.

Further to building regulations and standards of new-build finish, the leasehold system needs to be fair and transparent to the consumer, so that their home truly feels like their own. Unfair practices in the leasehold market have no place in the modern housing market, nor do excessive ground rents, which exploit consumers who get nothing in return. In July, the Government announced that no Government-funded scheme would be used to support the unjustified use of leasehold for new houses.

Peter Bottomley Portrait Sir Peter Bottomley
- Hansard - - - Excerpts

We are all grateful for what the Government have said in the past and what the Minister is saying now. One of the problems with ground rent is the question of what it is there for at all. The commonhold gets rid of ground rents. We do not know whether the help to buy scheme is used to commonhold. Can the Minister make an announcement about how that problem will be solved, so that commonhold homes can be accepted for help to buy?

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

There are discussions going on about commonhold. I will be happy to talk to my hon. Friend about this offline.

Our technical consultation on how to improve the leasehold market and make it fairer for consumers has now closed, and we are analysing the responses. We want to see developers support everyone who has onerous ground rents, including second-hand buyers, and for customers to be proactively contacted. We are helping existing leaseholders by making it easier and quicker for leaseholders to form residents’ and tenants’ associations. We are proposing a single, mandatory and legally enforceable code of practice covering letting and managing agents, giving people a clearer and simpler route to redress. We are publishing a how-to-lease guide for consumers and looking carefully at how we currently give support and advice to leaseholders.

The hon. Member for Washington and Sunderland West (Mrs Hodgson) was very interested in educating leaseholders. We are publishing the how-to-lease guide, which will educate leaseholders. We have also held workshops with the industry to develop the how-to-buy and how-to-sell guides, which will be published in 2019.

The hon. Member for Poplar and Limehouse asked about leasehold reforms. LEASE, the group that we use to help give information, is unambiguously on the side of leaseholders. LEASE no longer pursues any commercial interests and it does not advise leasehold professionals. [Hon. Members: “Good.”] Yay—I just had a good. Get that in Hansard—sorry, I shouldn’t say that.

The hon. Member for Washington and Sunderland West asked about permission fees. Lord Best has a working group that is considering permission fees and whether they are reasonable or they should be banned in total.

The hon. Member for Ellesmere Port and Neston (Justin Madders) mentioned the £10 ground rent. For a peppercorn to exist there must be a consideration of exchange of money. We are concerned that peppercorn could be open to abuse and therefore we have considered that an amount should be specified in statute. We have chosen £10 because that is the annual amount used for right to buys.[Official Report, 21 January 2019, Vol. 653, c. 1MC.]

Justin Madders Portrait Justin Madders
- Hansard - - - Excerpts

It is helpful to have that explanation, because I have been mystified about what led to that situation. Obviously, peppercorns have been around for centuries; I do not know whether there is some legal advice that the Minister may be able to share, even confidentially, about why we still have to have a financial figure rather than a peppercorn.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

Given the previous week’s history of sharing legal advice, I might skip over that one, if the hon. Gentleman does not mind. Perhaps he and I could have a cup of tea. The £10 peppercorn ground rent was part of our recent leasehold consultation and we will be considering our approach in light of the responses to the consultation.

Peter Bottomley Portrait Sir Peter Bottomley
- Hansard - - - Excerpts

How about 10 lbs weight of peppercorns?

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

Black pepper or white pepper?

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

Or pink—yes, please—or green; we could have green pepper as well. This poor Hansard writer, dearie me.

I recognise that many freeholders have to pay charges toward the maintenance and upkeep of communal areas on an estate. That is especially prevalent on new estates, exactly as the hon. Member for Blaydon mentioned. Freeholders who are unhappy about the transparency of those charges are becoming an increasingly frequent part of my ministerial postbag, and I understand why they are unhappy. Leaseholders have a whole suite of protections and rights that enable them to hold management companies to account, but freeholders have no such equivalent, even though they may be paying for the same or similar services.

The Government agree that the current situation is unfair to freeholders, and we are committed to legislating to plug that gap. We have set out our proposed approach to implementing those measures in part 4 of the recent leasehold reform consultation, which closed on 26 November. We intend to create a new statutory regime for freeholders, based on the rights enjoyed by leaseholders, which will ensure that maintenance charges must be reasonably incurred and services provided of an acceptable standard, and include a right to challenge the reasonableness of charges at the property tribunal.

Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

The Minister is being generous in giving way. I do not know whether she noticed my ten-minute rule Bill on that precise point, but when she brings forward the legislation or proposals on freeholders, would she consider capping the charges and making it possible for the freeholders to buy and self-manage the common areas, which, as she knows, are being sold on and on and on to a series of exploitative management agents?

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

The hon. Lady poses a number of questions, all of which are very interesting. I will reread Hansard after the debate and take on board what I can.

The Government agree that the situation is unfair, so we intend to introduce a new statutory regime and are considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for appointment of a new manager, which may be useful if a freeholder is dissatisfied with the service they are receiving. As it happens, my officials are now analysing the responses and the Government intend to bring forward legislation to implement changes as soon as parliamentary time allows.

We move on to another area in this vast debate, home buying and selling. Around 1 million homes are bought and sold in England each year, but another 25% to 33% of planned sales fall through, costing consumers around £270 million and creating stress for far too many people. The Government published our response to the home buying and selling call for evidence in April 2018, setting out an ambitious programme of action to make the buying and selling process in England cheaper, faster and less stressful, in line with our manifesto commitment. There is no silver bullet that can change everything at a stroke and fix the process. Instead, we will need to make a number of practical changes, some big, some small, which taken together will make the experience much better. To put hon. Members’ minds at rest, we as a Government are here to tackle those issues.

We have already started work. We have created a new working group focusing on the regulation of property agents, chaired by Lord Best. We have begun working with industry and the National Trading Standards estate agency team to develop guidance on making referral fees more transparent and to look at the case for banning them. We have also doubled the funding available to that team. We have written to all local authorities reminding them of the Government’s ambition to have a property search request completed within 10 working days. We have consulted in implementing reforms to the leasehold system, seeking views on fixed timeframes and maximum fees for freeholders and managing agents to provide leasehold information.

We have held workshops with industry to develop detailed and thorough how-to-buy and how-to-sell guides to inform consumers, to be published in 2019. We have started work with industry and consumers to make conveyancing data more transparent so that buyers and sellers can make a more informed choice and we have worked with industry to develop a standardised reservation agreement. We will commission behavioural insight analysis to support its implementation; it will increase commitment between buyers and sellers much earlier in the process. Together, our reforms will create a much better process, which guides buyers and sellers and gives them the information they need at the time they need it, allowing them to make the biggest purchase of their lives with confidence.

I confirm to the hon. Member for Poplar and Limehouse that I will write to him regarding cladding and sprinklers. My hon. Friend the Member for Worthing West kindly brought up the question of VAT on service charges. As he will know, that is a matter for Her Majesty’s Treasury, but it is something that has only recently raised its head, so I will write to him about that.

On bonuses for those larger businesses, we announced in August that we are helping to improve shareholder scrutiny of executive pay, strengthen the employee voice in boardrooms and build confidence in how large companies are run. Under those reforms, all quoted companies will be required to disclose and explain annually the rationale for the chief executive’s pay and the ratio to the average pay of their UK employees. The new reforms will provide greater transparency on the impact of share growth and executive pay.

The Government have been clear that this should be a country that works for everyone. That means building more of the right homes in the right places and ensuring the housing market works for all parts of our community. We must ensure that ordinary people purchasing a new home have the protection they deserve and are treated fairly.

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

I was listening carefully to the Minister, but I may have missed this—if I did, I am very sorry. I wonder if she could say something about a point that both my hon. Friend the Member for Bishop Auckland (Helen Goodman) and I mentioned, about referring some of these dodgy lawyers, conveyancers or solicitors to the Law Society when they are not acting in the best interests of their client, who should be the buyer.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

Absolutely. I am sorry that the hon. Lady did not hear me say it, but the Secretary of State has written to the Solicitors Regulation Authority, the SRA.

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

Thank you.

Heather Wheeler Portrait Mrs Wheeler
- Hansard - -

My absolute pleasure. We must ensure that everybody has the protection they deserve and is treated fairly, and that all efforts are made to ensure that builders build to the standards and finishes that we expect. Once again, I thank the hon. Member for Stretford and Urmston for securing this valuable debate, and I look forward to her summing-up speech, right now.