Social Housing Bill (Fifth sitting)

Debate between Matthew Pennycook and Edward Argar

Committee stage
Tuesday 3rd November 2026 Public Bill Committees

[Edward Argar (Melton and Syston) (Con)]

The Minister is being typically generous in giving way. What provision is he putting in place to replicate those arrangements where there is no mayoral authority?

[Matthew Pennycook]

The right hon. Gentleman’s point is well made; the set of arrangements that I have just specified apply to mayoral strategic authorities. It is worth making clear, though, that where there are concerns that a registered provider is not meeting the outcomes in the regulatory standards, it can be referred to the independent Regulator of Social Housing, so this is not the only route. I am talking just about the new measures on local authority scrutiny that are coming forward through the 2026 Act, but the right hon. Gentleman tempts me to debate an issue that is much wider than the scope of the new clauses.

New clause 51 would require all registered providers to publish specified information on their performance every three months. The Government are committed to ensuring that tenants have clear and meaningful information about their landlord’s performance and are able to hold them to account. I also recognise the importance of continuing to improve the quality of the data available and ensuring that it is used effectively to identify emerging risks and drive better outcomes for tenants. However, there is already an extensive framework in place to achieve this.

All registered providers are required annually to publish tenant satisfaction measures, which cover many of the areas identified in the new clause, including repairs, complaints, antisocial behaviour and tenants’ overall satisfaction with their landlord. Those measures sit alongside a much wider range of regulatory, financial and statistical information collected by the regulator, including information on providers’ stock and rents. The regulator’s transparency, influence and accountability standard also requires all registered providers to collect and provide information that supports effective scrutiny by tenants of their landlord’s performance.

I am mindful of the need to keep reporting requirements on registered providers proportionate and to minimise administrative burdens. It is my view that the current framework strikes the right balance. For those reasons, I do not believe that prescribing a further quarterly reporting regime in primary legislation is necessary or proportionate. I therefore hope that the hon. Members for Orpington and for Newbury will not press their new clauses.

Social Housing Bill (First sitting)

Debate between Matthew Pennycook and Edward Argar

Committee stage
Tuesday 27th October 2026 Public Bill Committees

[Edward Argar]

The very simple fact that there would be no vote on it by Members of this House, regardless of whether that was in a Committee, which is of course a subset of the House where we can debate and raise issues. I have a lot of time for the hon. Lady. I spent almost 10 years sitting on her local council before I was elected to this place, and I still closely follow Westminster politics. Consequently, I know that she is a hard-working and diligent Member who engages with all these issues particularly closely. However, the simple answer to her question is that Members would not have a vote on the Secretary of State’s determination.

With that, I will conclude by again reiterating my support for the intent behind the amendments that my hon. Friend the Member for Orpington has tabled.

[Matthew Pennycook]

Let me say to hon. Members that I have never found the process in Delegated Legislation Committees particularly fast in any instance, but I recognise the reasonable concerns that have been put. I think they are unfounded, and for the reasons I will set out, I hope to reassure hon. Members.

Clause 10 simplifies and modernises how the rules on right-to-buy receipts are managed. Its intent is to improve administrative efficiency and to provide flexibility. To understand our purpose behind the clause, it is important to have an accurate view of the current arrangements. As things stand, every stock-holding authority has an agreement with the Secretary of State, allowing it to retain all its net right-to-buy receipts, provided that it spends those receipts on replacement social housing.

In practice, this is hugely administratively burdensome. There are over 160 stock-holding local authorities, all of which must be issued with identical section 11(6) retention agreements whenever the rules change. That requires issuing, tracking and chasing agreements for signature across every one of those authorities, creating unnecessary bureaucracy for both councils and central Government.

Clause 10 replaces that with a simpler approach. It provides the Secretary of State with a power to disapply or modify the requirements on the use of receipts set out in regulations by determination, which will then apply consistently across all local authorities. That removes the need to replicate the same agreement process many times over.

Concerns were raised in the other place that we may be seeking to use the clause to require councils to start repaying a portion of their receipts to the Treasury. Let me reassure the Committee that that is absolutely not the case. We fought hard to ensure that local authorities could retain 100% of their receipts. Hon. Members may recall that the previous Government temporarily made that change, but reversed it before the last election.

Social Housing Bill (Second sitting)

Debate between Matthew Pennycook and Edward Argar

Committee stage
Tuesday 27th October 2026 Public Bill Committees

[Hon. Members]

Hear, hear!

[Edward Argar]

Don’t tempt fate!

[Matthew Pennycook]

We have better form on permanence of our policy and our ministerial certainty and stability. Notwithstanding the right hon. Member’s attempts to beguile and flatter me, I cannot accept the new clauses, for two reasons. I will take them in turn, but essentially I do not think that either is proportionate or necessary.

New clause 45 would require the Secretary of State to publish a model shared ownership agreement, but model shared ownership leases are already available, and they contain the fundamental clauses governing how shared ownership operates—including many of the matters raised by the right hon. Gentleman. Providers delivering grant-funded shared ownership are required to use leases containing these clauses and comply with wider grant funding requirements.

To give Members a sense that we are thinking about these things, part of the reason that I made the written ministerial statement on Monday was because we have done a huge amount of work in this area, but we have never brought it together into one place in the context of a wider improvement programme. The fault for that is on me and I throw my hands up, but a lot of work has already been done, and a lot of work is to come.

Tackling specific issues, we know that shared owners who want to staircase can face barriers such as transaction costs, a lack of information, rising property values and wider affordability pressures. HomeOwners Alliance estimates typical transaction costs of around £2,000—that was two years ago, in 2024. In the WMS, we have committed to considering measures to reduce existing barriers to staircasing, such as those up-front and ongoing transaction costs.

The issue of buy-backs arose in the context of the Renters’ Rights Act 2025, again from Lord Young pressing the case for shared owners. I am absolutely and acutely aware that buy-backs can be a lifeline for shared owners who, through no fault of their own, find themselves unable either to afford to remain in their home or to sell it, whether due to building safety defects, high service charges or lease-related restrictions. Again, we have committed and made clear in the WMS that we are intent on undertaking a comprehensive review of the functioning of buy-backs, to better understand practical barriers and solutions, and to look at specific issues such as the current use of recycled capital funding grants. That work is under way.

It is also worth saying that lots of the problems that affect shared owners go beyond them to affect other leaseholders. The actions we are taking in several areas will benefit shared owners along with other long residential leaseholders.

A good case is the standardisation and transparency measures that we are introducing in respect of service charges using powers in the previous Government’s Leasehold and Freehold Reform Act 2024. We will lay those statutory instruments in the very near future, so hon. Members can look forward to that. Shared owners who are experiencing those high and rising service charges will benefit from those provisions.

The right hon. Member for Melton and Syston got to the point of the substantive matter at hand, which he framed as an “extra opportunity”. If he can put his ministerial hat on from when he stood here for many years, I gently ask him whether it is reasonable and proportionate to require, through a Social Housing Bill, a statutory review of shared ownership, given all that the Government are doing. Is it really proportionate to require a statutory review just to give that extra opportunity?

We already consult the Shared Owners’ Network and other representative groups. If hon. Members are telling me that we can do more, I am happy to work with them to get shared owners and their experiences into the Government’s thinking so that they are better reflected. If there is more that we can do to improve the improvement programme that is already under way, I am more than happy to hear about that, but it is a little stretching to say that it is absolutely essential just for, to quote the right hon. Member for Melton and Syston, that “little extra opportunity” to cover those issues. We are looking at issues in the round. We are considering the comprehensive set of challenges that shared owners face.

[Edward Argar]

On that basis, is the Minister prepared to commit—whether explicitly in the Bill or not—to the Government’s launching a formal review of this?

[Matthew Pennycook]

In some ways, it is pure semantics. We have a comprehensive improvement programme under way. If the right hon. Member looks at my written ministerial statement from yesterday, he will see the work that we have already undertaken: material changes, including to the social and affordable homes programme, where we are setting firmer expectations for providers that receive grant funding. A lot of work is already under way. Whether the right hon. Member calls it a review or an improvement programme, shared owners across the country will rightly focus not on what we term the work that is under way, but on the benefits they see coming out of that work. They can already see some of those in the expectations that we have set, but there will be more to follow.

--- Later in debate ---

[Edward Argar]

I will speak briefly to this grouping, simply to reiterate what the shadow Minister, my hon. Friend the Member for Orpington, has just said. In a Bill of this sort, there is inevitably much that we will to-and-fro across this Committee about and disagree on. However, throughout my time as Victims Minister, and under the new Government now, there has been significant consensus about a shared desire, on both sides of the House, to make progress in supporting victims of domestic violence and domestic abuse. I therefore just reiterate my hon. Friend’s and my party’s support for what the Minister seeks to do here. There is genuinely a high degree of consensus on this group; we want to move forward and make that difference.

[Matthew Pennycook]

I thank the hon. Member for Newbury, the shadow Minister and the right hon. Member for Melton and Syston—I never know whether I am pronouncing that entirely correctly—

[Edward Argar]

The Minister pronounces it immaculately.

[Matthew Pennycook]

I welcome the cross-party support for the intent behind these provisions and their effect. In some ways, I would go so far as to say that they are groundbreaking in what we have tried to achieve. As I said, there has also been very effective cross-departmental working.

On the specific point that the hon. Member for Newbury raised, there are mandatory grounds for possession in the Bill, but they apply only when a breach of a relevant order has taken place. The changes we have made to the discretionary possession grounds are to allow for the existence of an order to be relevant grounds for the court, rather than a breach having to take place. However, there are mandatory grounds in place. I am happy to set that out in more detail for the hon. Member, in writing, if he is interested. I know that he takes a keen interest in these matters.

I will turn to the two non-Government amendments that have been tabled, starting with amendment 12. This issue, and a version of the amendment, was raised in the other place by Baroness Neate. I would like to give the Committee the same reassurances that we gave the noble Baroness, and that she accepted, in debates in the other place.

First, the Government agree, as I think we all would, with the principle that survivors of domestic abuse should not face unfair barriers to social housing because of debt arising from that abuse. That is why, in the national plan to end homelessness, we committed to addressing the barriers faced by survivors of domestic abuse with debt when applying for social housing through our update to the statutory guidance on social housing allocations.

We continue to believe that primary legislation is not the right approach in this area. There are sensitive and inherently complex cases at play here, and the amendment would introduce a rigid rule that would not allow local authorities to take proper account of individual circumstances. Updated statutory guidance will allow us to set clear national expectations while preserving the flexibility needed to reach fair and sustainable decisions in individual cases. Work is already under way to review the guidance, and we will consult on the updated guidance early next year.

We continue to believe that guidance is the best route to resolving this issue, as I made clear on Second Reading—I think my hon. Friends the Members for Uxbridge and South Ruislip and for Birmingham Yardley (Jess Phillips) pressed me on that. I am happy to reiterate that if guidance proves insufficient, we have the option of making regulations to amend the relevant legislation. The Government’s position has not changed. We support the objective of removing unfair barriers for survivors, but believe that updated statutory guidance, backed by existing regulation-making powers, if necessary, is the more proportionate and effective route.