Renters’ Rights Bill

Lord Jamieson Excerpts

Monday 7th July 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will speak to my Amendments 72 and 86. I thank the noble Baroness, Lady Grender, for giving such a good explanation of them. I wish I had lobbied the Minister more, as all three amendments in this group are very good and very sensible.

Turning first to Amendment 72, I was talking last night to a friend who has very severe disabilities. He said he had noticed that, while landlords are very slow at making improvements or adaptations and allowing their tenants to do so, business, retail business in particular, is moving ahead. He talked about a new retail development in Yeovil where everything is accessible. It is roll-in, roll-out, and people with disabilities in wheelchairs, for example, have full access.

It seems that businesses are taking this seriously, so why are the Government and landlords not doing so? Renters of all ages face challenges—it is not only the older ones among us—but older renters are particularly vulnerable, for several reasons. They are more likely to have health issues or disabilities, which means they are more at risk of becoming ill because of poor housing. They are also more likely to live in poor quality homes. In view of our ageing population, this is not just a good thing to do but entirely necessary.

I welcome the support of the LGA for Amendment 86, as promoting equitable housing access and preventing discrimination is fundamental to our society. It is essential that tenants are protected from unfair discrimination when seeking housing. I do hope that Labour listens. We have seen with its welfare reforms what happens when Labour does not listen to the needs of disabled people. These are simple changes, but they are important. They would change the lives of our ageing population for the better, now and in the future—and that is what a progressive Government should do.

[Lord Jamieson (Con)]

My Lords, I thank both noble Baronesses for speaking in this debate. It is a sensitive issue. It concerns adaptations for some of the most vulnerable in our society and touches on those who require the greatest compassion and care. We do need to support people to live independently in their own home. As a council leader, I was proud that we built a number of fully accessible, affordable homes for the disabled.

However, I must express some concerns about Amendment 56, tabled by the noble Lord, Lord Tope, and moved by the noble Baroness, Lady Grender. This Bill is focused on the private rented sector, yet the amendment introduces provisions relating to social tenancies. As my noble friend Lady Scott alluded to earlier today, social housing providers have not been widely consulted in the lead-up to this Bill. Imposing new requirements on them without proper consultation and discussion would be inappropriate. Any such change rightly belongs in a dedicated social housing Bill. The noble Baroness, Lady Taylor, said earlier that she would seek to write to social landlords and perhaps this is another opportunity for her to do so.

Furthermore, the amendment is riddled with gaps. It lacks clarity on important matters such as what happens when a tenant leaves, who is responsible for reinstatement, its cost and the loss of rent while work is carried out. There is also the issue of ensuring work is carried out to a high standard and that structural integrity is maintained. These issues are vital to maintaining the value and usability of the property, and the amendment fails to address them adequately.

Turning to Amendment 72, tabled by the noble Baroness, Lady Jones of Moulsecoomb, I note that it defines “minor changes” as including structural alterations. Structural alterations hardly seem minor. While I fully appreciate the noble Baroness’s intentions and her compassionate approach, which we all share, this is a complex issue. I strongly believe that we must strike a careful balance between compassion, cost and deliverability, and we must do so in a thorough and considered manner. I hope that your Lordships’ House agrees.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Tope, for his amendment, the noble Baroness, Lady Grender, for moving it so ably, and the noble Baroness, Lady Jones of Moulsecoomb, for her amendment. I also thank the noble Lord, Lord Jamieson. He may remember that I visited some of the housing that he developed when he was a council leader to pinch some ideas for my own local authority. It was indeed very accessible.

Amendment 56, from the noble Lord, Lord Tope, would require landlords to allow disability adaptations when a local authority has carried out a home assessment and recommended changes to be made. While the Equality Act 2010 already provides protections for disabled renters, I completely accept that they are not always as well understood as they should be. It is right that we consider how to address barriers preventing disabled renters getting the home adaptations they need. However, as I stated in Committee, I do not consider that this amendment is the right way to do this. A new requirement linked to local authority home assessments would create a confusing two-tier system. As a consequence, even these well-intentioned measures might make it harder for people who are not eligible for disabled facilities grants to access adaptations.

As I previously set out, the Government have committed to take steps to clarify matters further to support disabled renters. We all recognise what a vital issue this is and the difference it can make to someone’s life to have adequate access to their property. We will look to ensure that the written statement of terms that landlords will have to provide to new tenants includes the duty on landlords not to unreasonably refuse tenant requests for disability adaptations.

We also intend to work closely with the sector to deliver a communications and engagement programme to raise awareness of disability-related rights and obligations among tenants and landlords, and we will explore enhancing guidance to help landlords and tenants better understand the current system. This is in addition to existing provisions in the Bill that empower disabled tenants to request the home adaptations they need. For example, by abolishing Section 21 evictions, we will remove the threat of retaliatory eviction, and the creation of the new ombudsman will give tenants a new route of redress when their adaptations are refused.

The Government have also increased funding for the disabled facilities grant, as the noble Baroness, Lady Grender, mentioned. We have increased the grant by £86 million, bringing the total amount to £711 million. On the role of local authorities, they must provide a decision on the disabled facilities grant application within six months of receipt and the works must usually be completed within 12 months of the approval date. I appreciate that that can feel like a long time when you are waiting for an adaptation, but the Government have published guidance for local authorities in England to help to support the efficient local delivery of the disabled facilities grant, including speed of delivery. I appreciate that in some areas the availability of occupational therapists to do the assessments has proved an issue. Many local authorities are looking carefully at this issue, and I know we will be taking steps to address it.

--- Later in debate ---

[Baroness Grender (LD)]

It is my understanding that student groups are happy with this amendment and against the blanket use of guarantors. The current use of guarantors is, I am afraid, a proxy for discrimination against vulnerable groups. There is evidence that black renters are 66% more likely to be asked for a guarantor—I know that has already been said, but it is so profoundly shocking that it bears repetition. If you are on benefits, you are 60% more likely to be asked; if you have a disability, it is 20%. The great Equality Act 2010 is being driven over with the use of guarantors and I am delighted to support this amendment.

I read with a lot of care the Front-Bench speeches in Committee. The noble Lord, Lord Jamieson, suggested that guarantors can be a lifeline for those with poor credit or no rental history, but on these Benches we genuinely believe that nothing could be further from the truth. The harsh and stark reality is that 550,000 private renters were unable to secure a desired home in the last five years because they lacked a guarantor.

There is not a single organisation that I am aware of that campaigns and advocates on behalf of people who could be described as those who need that kind of lifeline, who are on no or a low income, which opposes this amendment. That includes working-class, international, estranged and care-experienced students who struggle to find suitable guarantors because they do not know anyone in those highest quartiles, which are the only guarantors that many landlords will accept. They just do not have those contacts or connections.

The noble Lord further suggested that tenants have market discretion or choice if a landlord is imposing a blanket guarantor policy. That defies the logic of the current marketplace, where the low-income tenant is never in the luxury position of shopping around. Again, that choice rests only with those whose income is in the higher quartiles.

On the Minister’s point in the same discussion about guarantors providing confidence, we must ask: at what cost to fairness? Landlords already have really robust tools: a five-week deposit, the first month’s rent up front, and affordability checks. As the noble Baroness, Lady Kennedy, said, guarantors are rarely invoked in practice. Like the noble Lord, I am currently a guarantor for my son, who is a student, so I completely understand that this is what we currently do. But in the past two years less than 3% of landlords have ever attempted to claim lost rent from a guarantor. When they did, it was 16 times more likely to be difficult than easy. Landlords have other, much more appropriate business risk management tools, such as rent guarantee insurance, rather than relying on a tenant’s family member, and so many of these tenants do not have a family member who is earning way above the median income, which is what is demanded.

Even before this legislation has come into effect, there is a worrying rise. A 2024 Generation Rent survey of its supporters found that 30% of private renters who had moved in 2023-24 had been asked for a guarantor—up from 22% of people who had moved in 2019. Always in this context, I fear that the debate is held on a presumption that renters lack responsibility somehow, unlike other tenures. However, as the noble Baroness, Lady Kennedy, said, only 2% of tenants were reported as in arrears in 2023-24. The vast majority of tenants are responsible individuals, who, by the way, often forgo other things, such as heating and eating, in order to pay rent, because they understand the severe consequences of not doing so and because the market is so limited for them.

This amendment is not a radical proposal. As Generation Rent and Shelter argue, it simply ensures that guarantors are used sparingly, appropriately and only when absolutely necessary, when a prospective tenant genuinely cannot demonstrate that they can afford the rent. This entirely aligns with the National Residential Landlords Association’s own current guidance.

When the Minister responds, if the Government are unable to stop this loophole for discriminatory practice, will she at least make it clear, either today or perhaps in a letter to follow, that guarantors should be used only as a last resort, that the Equality Act should be used if there is further evidence of discrimination, and that landlords already have the means to ensure that tenants pay through other mechanisms? I hope that her words today will ensure that the widespread use of guarantors is not the next version of no-fault evictions.

[Lord Jamieson (Con)]

My Lords, I thank the many who have spoken in this debate, particularly the three noble Baronesses who have spoken very passionately to say that we need to support some of the most vulnerable in our society. I agree that we need to support them.

As my noble friend Lord Fuller pointed out, many councils use the fact that they can act as a guarantor to enable many of the most vulnerable to access a home which they would, in other circumstances, not be able to. There is clearly an appropriate role for the guarantee. As the noble Baroness, Lady Grender, just mentioned, there is a shortage of rental accommodation—I think the figure is something like 12 people chasing every available rented home. We need to think about this when we are discussing this Bill. How do we encourage more people to rent their home so that we have a more dynamic market, with more availability there?

It is widely recognised that we need more rental homes, as is the importance of small landlords, particularly in rural areas. We also need to recognise that many of these small landlords have only one or two homes. For many of them, it is a substitute pension, and many of them have mortgages on these homes. If that is the case, they need security that they will get the rental income; otherwise, it is just too high a risk. Some noble Lords have said that the risk is small, but if it is your only asset and you have got a mortgage on it, you may not feel able to take that risk. As we have discussed before, without this, many would have no choice but to exit the market, meaning fewer rental homes and fewer people able to access a home—more people on the street. That is a particular issue in rural areas with small landlords.

Guarantors play a crucial role in the rental market. They provide an essential layer of security, offering landlords the reassurance that the rent will be paid, even if the tenant experiences financial difficulties. As we have mentioned earlier, for tenants, particularly students and young people or those without a strong credit history, a guarantor can be key to securing a home which might otherwise be out of reach. This is partly why we are so passionate about enabling rent in advance. That provision is especially helpful for individuals facing barriers, such as overseas students without UK credit records, or those who simply have no one to act as a guarantor.

With that context, I understand why the noble Baroness, Lady Kennedy of Cradley, has brought forward this amendment. However, I regret to say that, on this side of the House, we cannot support it. First, it is overly prescriptive and would constrain landlords from making what is, in many cases, a reasonable response to financial risk. Secondly, preventing landlords requiring a guarantor in such circumstances could have the unintended consequence of discouraging them from renting to high-risk tenants altogether. Thirdly, it would undermine a market-led approach to risk mitigation. Finally, the amendment would afford a broad and, we believe, inappropriate delegation of power. Combined, this would, as I said earlier, reduce the supply of available homes, increase the cost to a tenant and mean fewer people are able to get their own home. For these reasons, we cannot support this amendment.

--- Later in debate ---

[Lord Shipley (LD)]

My Lords, in moving Amendment 62, I will speak also to Amendments 63, 65 and 66. In Committee, I raised some problems with the way the Bill was drafted for joint tenants in respect of notices to quit under assured tenancies defined in Clauses 21 and 22. It was anticipated in Committee that the issues raised would be examined further, and I thank for the Minister for having done this.

The problem was that where joint tenants had a breakdown in their relationship, there could be unforeseen consequences for one joint tenant, who might be unaware, for example, that a notice to quit had been served by the other joint tenant. I am grateful for the assistance provided by Citizens Advice, whose front-line staff identified this problem and proposed solutions, and for the work done by the Minister and her department in drafting Amendments 64 and 67, which I welcome.

I look forward to the Minister’s explanations of Amendments 64 and 67 in the expectation that I will then seek to withdraw this amendment. I beg to move.

[Lord Jamieson (Con)]

My Lords, this group of amendments relates to joint tenancies and the procedural requirements for serving and responding to notices to quit. These amendments, tabled by the noble Lord, Lord Shipley, seek to ensure that the provisions in Clauses 21 and 22 apply expressly and fairly to all assured tenancies. The spirit of these amendments is to promote transparency and fairness, ensuring that no tenant is left unaware of or disadvantaged by unilateral actions.

As we have discussed in this debate and in Committee, joint tenancies are an important and increasingly common form of tenancy arrangement, particularly among families, couples and shared households. Given that multiple tenants hold equal rights and responsibilities, it is only right and fair that the Bill reflects this reality by requiring all parties to be kept informed of significant developments affecting their tenancy.

These amendments propose sensible procedural safeguards. The requirement that any notice to quit served by one joint tenant be communicated in writing to all other joint tenants is fair. Similarly, where a landlord serves notice, all joint tenants should be notified promptly. It is also noteworthy that some amendments specify that certain agreements, such as those shortening notice periods or withdrawing notices to quit, must involve the consent of all joint tenants rather than just one. This is a balanced recognition of the collective nature of joint tenancies and the importance of mutual consent in such decisions.

As the Bill continues to evolve, it is our shared goal to ensure a rental market that is fair and workable for all parties involved. Although we fully understand and respect the intentions behind these amendments and welcome the constructive debate they have sparked, it is important to consider the practical implications. Requiring unanimous consent or detailed notice procedures could, in some circumstances, add complexity or delay, especially in situations where tenants’ circumstances change rapidly. Therefore, although we support the principle of ensuring fairness and transparency in joint tenancies, we urge careful consideration of the balance between protecting tenants’ rights and maintaining workable, efficient processes for landlords and tenants alike.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I would like to thank the noble Lord, Lord Shipley, for his amendments on joint tenancies; Citizens Advice, which has provided the benefit of its significant expertise in this area throughout the Bill’s passage; and the noble Lord, Lord Jamieson, for his contribution.

Turning first to Amendments 62 and 66, the Government’s intention is not that tenants on a joint tenancy can unilaterally end that tenancy sooner than expected, nor should a tenant be able to trap another in a tenancy indefinitely by withdrawing a notice to quit. As such, I am pleased to confirm that the Government have tabled Amendments 64 and 67, which achieve the same effect as those laid by the noble Lord, Lord Shipley.

Government Amendment 64 will apply where a tenant who wants to serve a notice to quit in a joint tenancy seeks to agree a shorter notice period with the landlord. All other joint tenants will need to agree the shorter notice period as well for the notice to quit to be valid. This will ensure that tenants will not be able to agree short notice periods for a notice to quit without their other joint tenants being aware, preventing tenants finding out at potentially very short notice that their tenancy is ending. This was not the Government’s intention, and I am pleased to be able to clarify this issue beyond doubt in the Bill.

Government Amendment 67 will clarify that all joint tenants must agree, alongside the landlord, for a notice to quit to be withdrawn. This will ensure that it is clear that tenants must all agree to sustain a tenancy and make absolutely clear that one tenant cannot trap another in a tenancy indefinitely. These changes will ensure that joint tenancies can continue to operate effectively in the future tenancy regime and ensure maximum clarity for all parties. As such, I hope the noble Lord will not press his amendments and will instead support the government amendments.

Turning now to the noble Lord’s other amendments, Amendment 63 would require a tenant to inform all other joint tenants of their serving a notice to quit, and the landlord to do the same. I have great sympathy with the noble Lord’s intent. We all agree that tenants and landlords should communicate transparently with one another and take action to ensure that all parties are aware that a tenancy is coming to an end. With regret, however, I am unable to support codifying a requirement for this in law. The Government are concerned that, in certain circumstances, this may place individuals at risk. This is particularly true for victims of domestic abuse, who may not be able to safely inform a perpetrator that a notice to quit has been served. Indeed, some victims may choose not to serve a notice to quit at all. I also have practical concerns about the amendment. It might give rise to frustrating and counterproductive disputes between tenants. It might also cause tenants to question whether a tenancy has been validly ended if the requirement is not complied with.

Amendment 65 would allow a tenant to serve one month’s notice to end a tenancy if a landlord has served a possession notice on grounds 1 and 1A. That would be a reduction from the usual two months’ notice required by the Bill. Although I appreciate that the intent is to offer tenants greater flexibility to find a new property, we think the Bill strikes the right balance. Landlords must now give four months’ notice when using these grounds, and we think it is reasonable that the property be occupied for at least two months of this period, unless there is specific agreement to a shorter period.

I note that allowing a shorter notice period automatically might place other joint tenants in a difficult situation—for example, if they have not been able to find alternative accommodation as quickly as their housemates. This is recognised in the noble Lord’s other amendments. In many cases, the landlord will be supportive of a tenant moving out sooner than would otherwise be permitted. In those cases, there is nothing to stop all joint tenants and landlords agreeing a shorter notice period.

I hope that the noble Lord recognises that we have given very careful consideration to these amendments and have accepted those where we think the Bill could be strengthened, although I fully appreciate the intent behind his other amendments. I therefore ask him not to press those amendments for the reasons I have set out.

--- Later in debate ---

[Lord Jamieson (Con)]

My Lords, on this amendment, I think we are unanimous. I, too, thank the noble Lord, Lord Best, for this amendment. I approve of his technical knowledge on this and can agree with the noble Baroness, Lady Grender—just occasionally.

[Baroness Taylor of Stevenage (Lab)]

I hope that the next day of Report will go just like that. It will be wonderful.

I thank the noble Lord, Lord Best, for Amendment 74. As he noted, I have added my name to it, and I am delighted to do so. The Government are very pleased to support the amendment, technical as it is. As the noble Baroness, Lady Grender, said, it will make a positive difference. I am grateful to the noble Lord, Lord Best, for bringing this forward. The amendment is a positive step towards creating a fair and transparent rental market with a more streamlined regulatory process. We want to ensure that letting agent businesses are able to receive reliable and tailored advice on complying with regulations under the Tenant Fees Act 2019.

The amendment will allow a primary authority scheme to be set up for the Tenant Fees Act 2019. The reliable and tailored assured advice issued by the primary authority is recognised by other local authorities. This helps businesses avoid costs and difficulties caused by different local authorities interpreting and enforcing the same rules inconsistently. The primary authority scheme also promotes great co-operation between businesses and regulators, fostering a collaborative environment that ultimately increases compliance rates while lowering enforcement costs and reducing administrative burdens. The Government strongly support the amendment, recognising its potential significantly to improve the rental market. I hope the whole House will support it.