Read Bill Ministerial Extracts
Renters’ Rights Bill Debate
Full Debate: Read Full DebateJim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Department Debates - View all Jim Shannon's debates with the Ministry of Housing, Communities and Local Government
(11 months, 1 week ago)
Commons ChamberThis Government were elected with a clear mandate to do what the Conservatives failed to do in the last Parliament—namely, to modernise the regulation of our country’s insecure and unjust private rented sector, and empower private renters by providing them with greater security rights and protections. Our Renters’ Rights Bill does just that, and it needs to receive Royal Assent as quickly as possible so that England’s 11 million private renters can benefit from its provisions.
Before I turn to the Lords amendments, I want to thank Baroness Taylor for so ably guiding the Bill through the other place. I put on record my appreciation of all the peers who contributed to its detailed scrutiny.
As you will know, Madam Deputy Speaker, the Government made several important changes to the Bill in the other place with a view to ensuring that it will work as intended and in response to the legitimate concerns raised about the implementation of specific provisions. In the interests of time, I will update the House only on the two that are most apposite.
The first change concerns the date from which a tenant is required to pay a new rent in instances where the first-tier tribunal has set a new rent amount following a tenant’s challenge to a proposed increase. The Government were elected on a clear manifesto commitment to empower tenants to challenge unreasonable rent increases. It is essential that we deliver on that commitment not only to protect tenants from undue financial pressure, but to prevent rent hikes from being used as a form of back-door eviction once section 21 notices have been abolished.
However, recognising that there is inherent uncertainty about the volume of rent increase challenges that will be brought when the new tenancy system comes into force, and as a safeguard against a scenario in which the first-tier tribunal is overwhelmed by a sharp increase in challenges, Lords amendments 6 to 8 introduce a new delegated power that will enable the backdating of rent increases following determinations by the tribunal of new rent amounts. I want to reiterate what Baroness Taylor made clear in the other place—namely, that it is not the Government’s intention to make use of this new power unless and until it is considered necessary to avoid lengthy delays for genuine cases to be heard. If used, it would be subject to the affirmative procedure to allow appropriate parliamentary scrutiny. In addition to introducing that important safeguard, the Government also concluded that there is a compelling case for the use of an alternative body or mechanism to make initial rent determinations. Subject to a final viability assessment, we intend to establish such an alternative body or mechanism as soon as possible, and will confirm further details in due course.
The second important change the Government made in the other place concerns insurance to cover potential damage from pets. As hon. Members will be aware, the Bill as originally introduced, mirroring provisions in the previous Government’s Renters (Reform) Bill, enabled landlords to request such insurance in instances where a tenant had requested a pet. In response to concerns expressed by several peers that the insurance industry appears unlikely to provide suitable financial products at the speed and scale required, and that the reasonable request of tenants to keep pets might be hampered as a result, Lords amendments 10, 12 and 13 remove the provisions in the Bill which made landlord consent to a request to keep a pet conditional on the tenant taking out, or paying for, pet damage insurance.
Just last week, I was asked a similar question back home; the legislation back home is not covered by this House. The issue for those who have animals is that almost every person who has an animal in a flat, apartment or other property always looks after the property as if it were their own and the issue of animal damage does not come up. It does, however, come up the odd time, so is it not better—I think the Minister is saying this—to have an obligation rather than legislation to ensure that the tenant covers any damage by a pet, because most tenants will be accountable for their pets no matter what?
As ever, I thank the hon. Gentleman for his intervention. He makes a good point. There is evidence that pet damage is, in many cases, not extensive or a particular issue. Where pet damage occurs, as I will come on to make clear in response to the relevant Lords amendment, we think that the provisions in the Tenant Fees Act 2019, which allow for tenant deposits to be changed in response to such issues, mean that we have the necessary delegated powers, but I will set out further detail on that particular issue in due course.
I will now turn to the amendments made by peers in the other place. We welcome the scrutiny and challenge provided, and are willing to make sensible concessions in some areas, but most of the amendments in question serve to undermine the core principles of the Bill and for that reason we cannot accept them. Let me make clear precisely, in each instance, where that is the case, starting with Lords amendment 53.
Lords amendment 53 dramatically broadens the scope of possession ground 4A, so that it encompasses not only full-time students living in houses in multiple occupation, but non-typical students, such as older students with families undertaking postgraduate studies who may live in self-contained one and two-bed properties. Ground 4A exists precisely because the Government recognise the unique nature of the student rental market and are determined to ensure that the annual cycle of student lettings continues accordingly. However, ground 4A was deliberately designed to ensure that the benefits of the new tenancy system introduced in the Bill were not denied to non-typical students. We believe restricting its use to HMOs or dwelling-houses in HMOs strikes the right balance, and I therefore urge the House to reject Lords amendment 53.
Lords amendment 64 introduces a new ground for possession for the sole purpose of allowing a landlord to regain their property to house a carer for themselves or a member of their family living with them. Everyone in this Chamber recognises the vital work carers do to support people to live independently and with dignity. However, while the Government are profoundly sympathetic to the needs of those who require care, I am afraid we cannot support this amendment for two main reasons. First, while I appreciate entirely that some peers currently own and let rental properties in close proximity to their homes, with a view to one day using them to house a carer for themselves or members of their family, there is no compelling evidence to suggest that this practice is sufficiently widespread to justify the insertion into the Bill at this late stage of a dedicated possession ground to cater specifically for it. Secondly, the definition of “carer” in the amendment—namely, anyone providing any form of care in a voluntary or contractual arrangement, is so broad that the scope for abuse, in our view, is substantial. I therefore urge the House to reject the amendment.
Lords amendment 18 would reduce the prohibition on re-letting or re-marketing a property following the use of possession ground 1A from 12 months to six. We recognise that there will be occasions when landlords regain vacant possession of their property using ground 1A but are unable subsequently to sell it despite repeated attempts to do so, but we are not prepared to weaken the strong safeguard against abuse provided by the 12-month no-let provision. It is essential to prevent landlords misusing ground 1A and evicting tenants who are not at fault, whether that be because they have made a legitimate complaint or simply because the landlord wants to re-let at a higher rate. The Government remain firmly committed to the 12-month no-let restriction, and I urge the House to reject Lords amendment 18 on that basis.
Lords amendment 19 is a related amendment that exempts shared owners from the 12-month re-letting and re-marketing restriction, as well as other important restrictions. I want to make it clear that the Government recognise the plight of shared owners living in buildings that require remediation. I know from my own efforts to support shared owners in my constituency of Greenwich and Woolwich that those affected by the building safety crisis often face unaffordable costs, often with no viable exit route other than a distressed sale.
Renters’ Rights Bill Debate
Full Debate: Read Full DebateJim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Department Debates - View all Jim Shannon's debates with the Ministry of Housing, Communities and Local Government
(9 months, 3 weeks ago)
Commons ChamberI thank the right hon. Gentleman for that point. We want to provide both renters and landlords with certainty about how the new system will be implemented. I will say a bit more on that in the course of my remarks.
I am going to make a bit more progress.
As I made clear when we considered Lords amendments to the Bill on 8 September, although the Government were not prepared to accept amendments that would undermine the core principles of the Bill, we were more than willing to make sensible changes in response to the legitimate concerns that have been raised. The changes we are proposing today are firmly within the spirt of that commitment. I am delighted that we were able to reach agreement with those on the Liberal Democrat Front Bench and Lord Young of Cookham, and I thank all the noble Lords involved for their willingness to work collaboratively to strengthen the Bill.
Let me briefly set out the purpose and effect of the amendments in question, beginning with those that relate to shared owners. Lords amendments 19B, 19C and 19D exempt shared owners from the 12-month “no re-let” period in respect of new mandatory possession ground 1A, which allows a landlord to evict a tenant because they intend to sell their property. The exemption is subject to meeting set criteria, to ensure that shared owners have made a genuine attempt to sell their property. The amendments in question also include a delegated power to remove the exemption in the future—for example, once the building safety programme has been completed.
I welcome what the Minister has proposed. More and more of these issues have come to my attention in my constituency. Tenants then have to find alternative and affordable accommodation that is close to their work and close to their children’s education. I know this legislation applies to England and Wales only—I understand that. But the Minister is a good Minister, and he always shares information on the legislation that is put forward with the regional assemblies—in my case, the Northern Ireland Assembly. Will he do me and this House the favour of sharing the legislation with the Northern Ireland Assembly to ensure that the good things in the Bill can become good things for us in Northern Ireland as well?
The Northern Ireland Assembly can access this legislation online, but I will certainly continue to have conversations with Ministers in all the devolved Administrations about what lessons can be learned from what we have done with this Bill, and about what they can take from it.
I once again commend Lord Young of Cookham for championing the interests of shared owners affected by the building safety crisis, and I thank him for tabling his three amendments in lieu. As I made clear when we considered Lords amendments last month, the Government recognise the plight of shared owners living in buildings that require remediation. Many are facing unaffordable costs, often with no viable exit route other than a distress sale. We also appreciate that it is often harder to secure a purchaser for a shared ownership property, and that the sales of shared ownership flats are more likely to fall through due to the additional constraints involved. As such, we have always accepted that the 12 month no re-let period would have placed many shared owners in an extremely challenging position.
The reason why the Government did not feel able to accept Lord Young’s original Lords amendment 19 was that it could undermine protections for the small subset of tenants who happened to rent a sub-let home from a shared owner. I am therefore pleased to report to the House that the amendments in lieu deliver the core aims of that original amendment, while also ensuring that three key safeguards are in place to protect tenants.
First, there is a requirement for the shared owner to have informed the assured subtenant in writing at the outset of the tenancy about the exemption and its possible use. This will ensure tenants are aware of the particular circumstances of the tenancy they are entering into and can make an informed choice about whether they wish to enter into a tenancy agreement with the shared owner in question.
Secondly, shared owners must have informed their provider of their intention to sell before obtaining possession of the property from the tenant. This is an essential first step that all shared owners must take to begin the process of selling their property. I am satisfied that it is a proportionate requirement to evidence that a shared owner is genuinely intending to sell their home.
Thirdly, a valuation must be undertaken on the property by a member of the Royal Institution of Chartered Surveyors, or the shared owner must have advertised the property for sale. This can be done at any point before a property is re-let, recognising the need for flexibility in how shared owners will approach a sale.
Taken together with the protections that are already in place as a result of registered providers having to authorise sub-letting requests and having oversight of what rent levels can be charged, I am satisfied that these safeguards will reduce, if not eliminate entirely, the risk that an exemption from the 12-month no re-let period might otherwise have posed.
Lords amendments 39B and 39C will introduce a statutory requirement for annual reporting on the extent to which service family accommodation meets the decent homes standard.