Renters’ Rights Bill Debate
Full Debate: Read Full DebateLord Bishop of Manchester
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(2 days ago)
Lords ChamberMy Lords, I declare my interests as set out in the register. My wife and I own one apartment; it is in the West Midlands, and it is let out. Nothing in this amendment or any others in this group would provide me with any advantage that I can foresee.
Amendment 105 seeks to extend the decent homes standard to temporary accommodation. As I said in Committee—and hence I can be extremely brief today—those in temporary accommodation are among the most vulnerable in our society. They are already battling against major disadvantages, and being placed in properties that fail the standard simply adds to their burden.
There are now over 150,000 children living in temporary accommodation, a number that continues to rise remorselessly. Often, these young people may be many miles from their school and are struggling in inadequate space to study for exams whose results will affect the rest of their lives. The very word “temporary” is something of a misnomer. It is not uncommon for such residence to last beyond a year. If any households need the protection of decent housing, it is these.
My Lords, I am grateful to all noble Lords who have taken part in this short debate. I thank my former boss, my noble and right reverend friend Lord Sentamu, for his support. His passion on all matters that concern those in the greatest need in our society is well known in your Lordships’ House. I thank him for demonstrating it once again today.
I thank the Minister for her response to my amendment. I think that we are not very far apart. With those reassurances, I will not press the matter any further. I will leave it for the noble Baroness, Lady Altmann, to say whether she too is satisfied with the response to her amendments. The case for our military families remains compelling. If the House divides on Amendment 106, I shall be voting with the noble Baroness, Lady Grender. But, with that, I beg leave to withdraw my amendment.
My Lords, government Amendments 111, 112 and 113 to Section 239 of the Housing Act 2004 and Clause 126 of the Renters’ Rights Bill amend the requirements for entering premises without a warrant for the purposes of certain enforcement action. Notice to the property owner or landlord will now be provided after the entry has taken place, within a reasonable amount of time, rather than at least 24 hours before. The 24-hours prior notice requirement for tenants and occupiers will remain, so residents will always be aware that a power of entry is going to be exercised, whether that is under Section 239 of the Housing Act 2004 or Clause 126 of the Bill.
I thank the right reverend Prelate the Bishop of Manchester for raising this issue in Committee. We have given considerable thought to his proposal, as well as to feedback from local authorities. Local authorities have told us that providing notice can result in unscrupulous landlords hiding evidence of breaches, intimidating tenants, and temporarily fixing issues before reverting to non-compliance. We recognise that landlords will want to be aware of any inspection, and indeed the outcome of the inspection. The local authority will therefore need to provide notice after the inspection has taken place and engage with the landlord about any issues raised as a result.
We have heard, throughout the passage of this Bill, about the importance of local housing authorities having the right resources and tools to enforce. Making this change will make a real difference in their ability to address unsafe or hazardous living conditions more promptly and tackle unscrupulous landlords. I beg to move.
My Lords, I thank the Minister for her comments. I declare my interest: I own, with my wife, one apartment in the West Midlands. It will not help me in any way if this amendment is passed, but I still think it is the right thing to do, for exactly the reasons that the Minister has given—ones that I myself pressed in Committee. I am very grateful to her and her colleagues for meeting with me in the meantime, and for taking up the amendment at this stage. I urge noble Lords, if these matters are put to a Division of the House, to support the government amendments.
My Lords, we supported the right reverend Prelate in Committee and will support the Government now. In my experience, a local authority takes very seriously whether it decides to enforce an entry and go into a property. Again, we are not talking about the nice little cottage or the cottage belonging to the noble Lord, Lord Hacking; we are talking about properties where bad stuff goes on, where modern slavery can be happening, where people are refugees and people are living in appalling conditions.
There is no way we would support saying, “Cooee, rogue landlord, we’re just letting you know that we’re coming in 24 hours”. There has to be an opportunity at this extreme end of enforcement to be able to make a surprise snap inspection. I am glad that the Government have listened to that. Of course there need to be safeguards, but I think this is another of those instances where the good landlords need not fear. The right reverend Prelate need not worry about his flat in the Midlands, because I cannot imagine that they are going to be dashing in at six in the morning. Because of some of the extreme things that happen in our country, sadly, the power needs to exist and therefore we will support the Government.
I am grateful to the noble Baroness, Lady Thornhill, for taking over this amendment, to which I was pleased to add my name. I assure her that I am as committed as ever to opposing this policy. Given the widespread support for the repeal of this discriminatory legislation, including among landlords’ organisations, I had hoped the Government might consider accepting the amendment in Committee. I made then what I believed was a strong case for repeal. I will not repeat that now, especially as the noble Baroness, Lady Thornhill, has made it so powerfully, but I will make just two points.
First, since Committee, a new research report into race, ethnicity and homelessness has been published which underlines the racism all too often faced in the housing market by racially minoritised tenants, especially refugees and other migrants. I am indebted to the lead researcher, Professor Suzanne Fitzpatrick of Heriot-Watt University, for sharing some of the findings with me. Although the research was not specifically into the right-to-rent scheme, a substantial number of participants have faced private landlords who clearly did not want to let to racially minoritised tenants. Practitioners repeatedly flagged up a reluctance to enforce housing rights among this group, even when they were aware of them. Professor Fitzpatrick suggests that confidence in exercising housing rights might well have been eroded by “hostile environment” policies, including the right-to-rent policy. In its recommendations the report thus argues that ending the right-to-rent policy, which has been shown to drive racial discrimination, would demonstrate the Bill’s commitment to addressing anti-discrimination practices.
Secondly, I was left somewhat bemused in Committee. Speaking for the Opposition, the noble Lord, Lord Jamieson, who is not in his place, stated that I had raised a very valid issue regarding the right to rent and the fact that introducing what may seem quite a sensible rule leads to complications and places landlords in an awkward situation when they do not fully understand the legislation in front of them. When I pointed out that many people, including my noble friends Lady Smith of Basildon and Lord Kennedy of Southwark, highlighted the potential problems at the time the legislation went through Parliament, I was grateful for his acknowledgement of the problems now and his observation that:
“Where the law is complex we need to make it simple and easy to comply with”.
He then went on to say:
“This is one of our major concerns with this legislation”,—[Official Report, 12/5/25; col. 1987.]
apparently forgetting that it was his party that introduced it.
I would say that it is never too late for a sinner to repent, but I am sat behind the right reverend Prelate. However, we are now saddled with this unfair legislation, which all too easily leads to the kind of discrimination uncovered by the Heriot-Watt research. My party, which was so critical of it at the time, now defends it, despite the evidence of its damaging impact on migrants and members of racially minoritised communities.
It was described by Wendy Williams in her Windrush Lessons Learned Review as one of the “most contentious aspects” of the hostile environment. It saddens me that, despite the evidence to the contrary, my noble friend the Minister, for whom I have the greatest respect, rejected the amendment in Committee on the grounds that, as we have heard:
“The right-to-rent scheme is capable of being operated proportionally by landlords and letting agents in all cases”.—[Official Report, 12/5/25; col. 1989.]
I disagree and therefore believe that it really is not compatible with the aims of the Bill.
My Lords, I added my name to this amendment. I am grateful for the powerful speeches from the noble Baronesses, Lady Thornhill and Lady Lister of Burtersett. They have left me with little to say, except that the noble Baroness, Lady Lister, has given me a cue with her words about the repentant sinner. I will take us even further back in history to the book of Genesis and the destruction of the cities of Sodom and Gomorrah. Abraham argues with God against the destruction of the cities, and God agrees that he will not destroy the cities if only 10 people can be found who are righteous. The principle that established, which passes down into our present law, is that it is better to let the guilty off than for the innocent to be punished.
That is what this particular amendment is about, because the people who are suffering are not the guilty few who may be here illegally and should not be here; they are the many people from minority ethnic backgrounds who just do not get a look-in because landlords play it safe. The noble Baroness, Lady Thornhill, referred to that when she introduced the debate. That is the problem. If we do not get rid of this pernicious bit of legislation, we will continue to see innocent people who, just because they have a different skin colour to my own, suffer because landlords will not let them properties just on the off-chance that there might be something not quite right in their paperwork. So I do not believe that the right-to-rent Act can be reformed, and I support this amendment.
My Lords, I hesitate to follow when Sodom and Gomorrah have both been mentioned. However, the noble Baroness, Lady Thornhill, has made a powerful case for her amendment, and I associate myself with everything she has said and with the passionate defence of this amendment by my noble friend Lady Lister of Burtersett.
As has been said, the amendment seeks to repeal the right-to-rent provisions introduced by the Immigration Act 2014. I remember being a newbie here in 2014 and sitting on the Benches opposite, hearing those speeches against the clauses and provisions in the Immigration Act that we now seek to repeal. At its core, as we know, this scheme turns landlords and letting agents into immigration officers. It was part of the hostile environment created at that time, and I am sad to say to the Minister on the Front Bench that this is a continuation of that hostile environment. There is no excuse for this provision. It is a policy that has enabled and indeed legitimised discrimination, and I believe that it has no place in a housing system that should be fair and should treat everyone equally and with dignity.
Landlords and letting agents are making judgments based on what they think will fall within protecting themselves. They are immigration officers. It has been shown—I thank Shelter for its briefing—that a prospective white tenant is 36% more likely to get a positive response than a black tenant. Renters with south Asian names get 25% fewer replies than those with white-sounding names—evidence of the consequences of this pernicious piece of legislation.
The courts recognised this reality. In 2019, the High Court found that the policy causes discrimination. That ruling was later overturned on appeal, not because the discrimination was not happening but because it was deemed justifiable. That, I believe, is not acceptable. I could go on, but the noble Baroness, Lady Thornhill, has pointed out that the Home Office has never produced evidence on which we should legislate that the scheme reduces irregular immigration or improves enforcement.
Discrimination, particularly when sanctioned by the state, is never justifiable. There are many reasons to accept this amendment, but I urge the Front Bench to accept the decent, just and fair case. I see the realities of the discrimination in the housing sector in my own borough, the London Borough of Tower Hamlets. Now is the time to do the decent thing. I urge the Government to listen, reply and do the decent thing and repeal the right-to-rent provisions introduced by the Immigration Act 2014.