Rough Sleeping

Debate between Heather Wheeler and Karen Buck

Thursday 7th February 2019 Westminster Hall

[Mrs Wheeler]

With respect, that is not good enough—

[Ms Karen Buck (in the Chair)]

Order. I advise Members not to conduct conversations bilaterally.

[Mrs Wheeler]

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.

Section 21 Evictions

Debate between Heather Wheeler and Karen Buck

Thursday 6th December 2018 Westminster Hall

[Mrs Wheeler]

The hon. Lady says from a sedentary position that I cannot. The absolute truth is that the person must go to the local authority as soon as they get the section 21 notice, and the local authority then has a duty to help them.

[Ms Buck]

They will not.

[Mrs Wheeler]

They will not go? Okay, we will find out.

The hon. Member for Bath (Wera Hobhouse) mentioned affordability. That issue is exactly the reason the Government introduced the £1 billion Build to Rent fund, and the £3.5 billion private rented sector guarantee scheme, to help support the building of thousands of extra homes specifically for private rent. We want Build to Rent to continue to grow and make a significant contribution to housing supply.

Oral Answers to Questions

Debate between Heather Wheeler and Karen Buck

Monday 5th November 2018 Commons Chamber

[Ms Karen Buck (Westminster North) (Lab)]

2. What guidance he has issued to local authorities on accommodating homeless families outside of their home borough.

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

I thank the hon. Lady for her question. As usual, I ask people to note my entry in the Register of Members’ Financial Interests.

In December 2017 we updated the homelessness code of guidance for local authorities, chapter 17 of which makes it clear that, when possible, local authorities should place families as close as possible to where they were previously living.

[Ms Buck]

There has been a 40% rise in London households being moved out of London by their local authority, and my own experience shows that local authorities are also moving families in unprecedented numbers away from their community, their children’s schools, their workplaces and their support. The code of guidance is clearly not working, so can the Minister tell us unambiguously that local authorities should, under no circumstances, expect children to commute to school from temporary accommodation for two, three or even four hours every day?

[Mrs Wheeler]

I do understand the particular problem that the hon. Lady is having in Westminster, but it is the London boroughs. We have been clear that placing families out of borough should be a last resort, and we have now committed £40 million to a London collaborative project that will ensure that families are placed in temporary accommodation close to home. We also recently launched the £20 million private rented sector access fund to support those who are homeless, or who are at risk of becoming homeless, to access sustainable accommodation. Finally, our specialist homelessness advisers are working closely with London boroughs in particular to provide support to limit the number of out-of-borough moves altogether.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill

Debate between Heather Wheeler and Karen Buck

Committee Debate: House of Commons
Wednesday 20th June 2018 Public Bill Committees

[Ms Buck]

It is a pleasure to serve under your chairmanship this morning, Mr Wilson. I am very grateful to the Minister and to everyone who spoke on Second Reading and who has agreed to serve on this Committee.

The first group of amendments are broadly technical. With your permission, Mr Wilson, I will spend a minute or two setting them in the context of the Bill. I hope that that means we will not have to spend time later on clause stand part.

Clause 1 is, in effect, the Bill. It would amend the Landlord and Tenant Act 1985 to ensure that homes are required to be in a condition that is fit for human habitation at the beginning of the tenancy and throughout the tenancy. Landlords are not currently required to ensure that the properties they rent out are free of potentially harmful hazards. There are statutory obligations on most landlords to keep in repair the structure and exterior of their properties and to repair installations for the supply of water, heating, sanitation and so forth. However, provisions requiring landlords to ensure that their properties are fit for human habitation have ceased to have effect over the past half century as a result of the annual rent limits, which have not been updated.

This short Bill would amend the 1985 Act to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. There is to be an implied covenant in a lease that a landlord must ensure that their property is fit at the beginning of the tenancy and for its duration. Where a landlord fails to do so, the tenant would have the right to take action in the courts for breach of contract on the grounds that the property is unfit for human habitation.

Currently, tenants must rely on local authority environmental health departments to enforce against bad landlords on their behalf. As I found in my research with Dr Stephen Battersby, and as Generation Rent confirmed this weekend in its research, enforcement is wholly inadequate to the task almost everywhere, and non-existent in some places. If the tenancy is with the local authority, the position is even more restricted, since environmental health departments cannot enforce against themselves.

Despite a long-term improvement in housing conditions over recent years, around 1 million properties remain in such a state that they represent a serious hazard to health. That affects about 3 million people who are overwhelmingly the most vulnerable and deserve our protection.

The Bill would do three things: it would ensure that any home has to be fit for the tenant to live in; it would update the fitness standards; and it would apply the legislation to local authority housing as well as to other forms of rented housing. It would do so by replacing section 8 of the Landlord and Tenant Act 1985 in its entirety for England. The proposed new sections in the Bill set out the implied covenant regarding fitness, the various exemptions and the leases to which the implied covenant applies.

There are two groups of amendments to clause 1, the first being largely technical. Amendments 1 and 2 and 9 to 13 address the position of Wales. The Bill extends to tenancies in England only. Housing is a devolved matter and section 8 is a matter for the Welsh Government in Wales. Until any changes are made, sections 8 to 10 of the 1985 Act will continue to apply in Wales in their existing form. The amendments provide for that, while introducing the provisions of the Bill for England.

Amendments 8, 14 and 15 correct the short and long titles of the Bill to remove the wording that originally related to a contemplated clause addressing liability for failure to comply with building regulations. That clause was not brought forward on Second Reading, so the short and long titles should be amended to reflect that.

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

It is a pleasure, Mr Wilson, to serve under your chairmanship.

I congratulate the hon. Member for Westminster North on successfully taking the Bill through Second Reading and, more generally, on raising awareness about the importance of improving standards in the rented housing market. I look forward to working with her as the Bill proceeds through its many stages.

We are in favour of these technical amendments and I have nothing more to add.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 1, line 3, leave out from beginning to “Fitness” in line 4 and insert—

“( ) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—

‘9A ’”.—(Ms Buck.)

This amendment is consequential on Amendment 1.

[Ms Buck]

I beg to move amendment 3, in clause 1, page 2, line 7, after “landlord” insert “or other third party”.

This amendment would ensure that a landlord will not be liable under the implied covenant as to fitness for human habitation in circumstances where the required remedial works require the consent of a third party if reasonable efforts to obtain the consent are made but the consent cannot be obtained.

--- Later in debate ---

[Ms Buck]

The Bill relates to tenants, not leaseholders. It means that if a tenant is renting a property where there is more than one landlord, the provisions that I have just outlined will apply. The tenant will have recourse through their own landlord, but if the landlord is unable, after making reasonable efforts, to secure permission to make the changes required owing to other obligations, that constitutes an exemption under the legislation.

The wording of amendment 4 follows from the Landlord and Tenant Act 1985, which imposes an equivalent liability on the landlord for section 11 repair obligations. The fitness requirements are therefore very much consistent with the repair obligations that are already well established.

The definition of common parts is taken from the Landlord and Tenant Act 1987 and refers to

“any building or part of a building”

including

“the structure and exterior of that building or part and any common facilities within it”.

The same definition is used in respect of section 11 of the 1985 Act. In effect, the amendments secure consistency between the main statutory repairing rights.

Amendments 6 and 7 clarify that the implied covenant applies to any periodic or secure tenancy arising after the commencement date at the end of the fixed-term tenancy granted before the commencement date. That would include a secure tenancy after, for example, an introductory tenancy, an assured tenancy after a fixed-term starter tenancy, or a statutory periodic tenancy arising at the end of a fixed-term assured shorthold tenancy.

Amendment 4 is the most substantial amendment relating to common parts. We were unable to table it on Second Reading, but I am extremely grateful for the work that has been done by officials working with Justin Bates and Giles Peaker, who were the two lawyers who helped to draft the original legislation. Working on the Bill over the last few months to ensure that it, as a whole, is fit for our purpose and to table these amendments has been an incredibly productive experience for us all. I hope that all hon. Members will support the amendments and clause 1.

[Mrs Wheeler]

I, too, congratulate everyone on the Bill team and all the lawyers who have been working on this matter. This is a sensible amendment that the Government accept and are very happy to support.

[Mrs Wheeler]

I have nothing further to add, other than to say that we support the amendment.

Amendment 3 agreed to.

Amendments made: 4, in clause 1, page 2, line 28, at end insert—

“( ) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”

This amendment would extend the implied covenant as to fitness for human habitation in cases where the dwelling forms a part of a building to any of the building’s common parts in which the landlord has an estate or interest.

Amendment 5, in clause 1, page 2, line 38, at end insert—

“‘common parts’ has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;”.

This amendment is consequential on Amendment 4.

Amendment 6, in clause 1, page 3, line 7, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 7.

Amendment 7, in clause 1, page 3, line 20, at end insert—

“(4A) Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.”

This amendment would ensure that the implied covenant as to fitness for human habitation will apply to a periodic or secure tenancy that comes into existence after the date on which the Bill comes into force in a case where the tenancy arises out of a fixed term tenancy granted before that date.

Amendment 8, in clause 1, page 3, line 45, leave out

“and Liability for Housing Standards”.

This amendment is consequential on Amendment 15.

Amendment 9, in clause 1, page 4, line 2, at end insert—

“9C Application of section 9A to certain dwellings occupied by agricultural workers

(1) This section applies where under a contract of employment of a worker employed in agriculture—

(a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and

(b) the provisions of section 9A (implied term as to fitness for human habitation) are inapplicable by reason only of the dwelling not being let to the worker.

(2) There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.

(3) The provisions of section 9A apply accordingly—

(a) with the substitution of ‘employer’ and ‘employee’ for ‘lessor’ and ‘lessee’, and

(b) with such other modifications as may be necessary.

(4) This section does not affect—

(a) any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or

(b) any remedy for enforcing such an obligation.”

This amendment, which replicates section 9 of the Landlord and Tenant Act 1985 in relation to the new implied covenant, is consequential on Amendments 1 and 2.

Amendment 10, in clause 1, page 4, line 3, leave out subsection (3).

This amendment is consequential on Amendments 1 and 2.

Amendment 11, in clause 1, page 4, line 11, leave out sub-paragraph (i) and insert—

“(i) after ‘house’, in both places where it occurs, insert ‘or dwelling’;”.

This amendment is consequential on Amendments 1 and 2.

Amendment 12, in clause 1, page 4, line 15, before “any” insert

“in relation to a dwelling in England,”.

This amendment is consequential on Amendments 1 and 2.

Amendment 13, in clause 1, page 4, line 27, after “habitation” insert “of dwellings in England”.

This amendment is consequential on Amendments 1 and 2.

Amendment 14, in clause 1, page 4, line 27, at end insert—

“( ) In section 302 of the Housing Act 1985 (management and repair of houses acquired under section 300 or retained under section 301), in paragraph (c)—

(a) for ‘section 8’ substitute ‘sections 8 and 9A’, and

(b) for ‘does’ substitute ‘do’.”—(Ms Buck.)

This amendment is consequential on Amendments 1 and 2.

Question proposed, That the clause, as amended, stand part of the Bill.

[Ms Buck]

We have had a brief discussion of the amendments in the context of clause 1, so I do not wish to detain the Committee long. Clause 1 is the substance of this short Bill. We had a good debate on Second Reading in which virtually everyone on the Committee today participated.

I am very grateful to my right hon. Friend the Member for Wentworth and Dearne for his kind words. The Bill has caught the moment in terms of housing standards. Although there has been an improvement in the quality of the housing stock over decades, millions of people still remain in unfit housing, including many children. They are often the families and individuals who have the least choice in their housing. They are people with disabilities and long-term health problems, and people on very low incomes. Although a local authority has an important role to play in enforcing behaviour, it is essential that those people have a direct means of redress against the worst landlords.

As my right hon. Friend said, this is just one of many different measures that we would like to see brought forward; the Government have brought some forward and there are other measures we would like to see that would strengthen the role of tenants. We are conducting our business at the same time as the Grenfell inquiry into the worst residential fire in modern British history is going on, and we are reminded of the critical importance of listening to tenants’ concerns. The Bill is one of the ways in which we can reflect those concerns.

[Mrs Wheeler]

I am happy to support the clause.

Question put and agreed to.

Clause 1, as amended, accordingly ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Amendment made: 15, in clause 2, page 4, line 32, leave out

“and Liability for Housing Standards”.—(Ms Buck.)

This amendment would change the short title of the Bill so as to leave out the reference to liability for housing standards (see the explanatory statement for Amendment 16).

Question proposed, That the clause, as amended, stand part of the Bill.

[Ms Buck]

This is a brief clause that allows the commencement of the provisions of the Bill three months after the granting of Royal Assent. As far I am concerned, the sooner the better.