argyrotsipi/train-dataset huggingface dataset:
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Rachel Trixie Anne Gardner (Conservative, Centre-right): My Lords, I thank all those who have contributed very helpfully to the amendment and debated it. When the Minister says that she is more than keen to do things and make progress, I believe that. However, I feel there is a lack of willingness in the department. I do not say that just because she now happens to be the Minister. I had dealings with the Minister before her and with various Ministers before that. In all housing issues, I have found that there has been a reluctance to see any proper reform or progress. That is a great pity. We should probably have had a consolidation Act of all the property laws that have been passed. I have been involved in them myself since the early 1980s. All noble Lords know my registered interest, so I do not need to repeat it. Each time we pass another Act everyone working anywhere in the property world has to keep referring back to the previous Act and the Acts before that. I am told that consolidation Bills are not brought forward now because, in the past, the Law Commission used to finance them and bring them to Parliament. It will no longer do so unless Parliament agrees to finance the work that it does. This also needs a little bit of thought Something else that needs thought is the First-tier Tribunal. I opposed the removal of the leasehold valuation tribunal which could have dealt with the same sort of issue at a much lower cost. It is now extremely expensive. It used to be only £500. No matter what your case, more than £500 could not be awarded against you for most leasehold offences. Now, to bring your case at all, it is a minimum of £500 to walk in the door. It has changed into a much heavier legal procedure which I do not think works so well for simple cases. It has always been there and acknowledged to be necessary for the more important or serious cases. Certainly rogue landlords will come into that category. I did not speak earlier but, of course, the word "rogue" means something different to me as an Australian To return to the original point, I respect what the Minister has said. I hope she can persuade her department to bring these matters forward. I thank all those noble Lords who have participated and I beg leave to withdraw the amendment.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Elizabeth Redfern (Conservative, Centre-right): My Lords, I support the Bill and welcome the following very clear measures to tackle the issue of rogue landlords that will strengthen the private rented sector. Private tenants need additional reassurance that rogue landlords will be driven out of business, and banning orders for these criminal landlords and property agents is needed to prevent them operating and repeating serious housing offences. As a council leader, I believe that having the ability to apply for banning orders, together with fines, against rogue landlords and property agents is essential. This will prevent serious or repeat offenders, who are known to cause misery and harm to renters and place them at serious risk, from letting property. In such cases, there should be no room for these operators within the sector. I am pleased that the Government are determined to crack down on these landlords so that they either improve the service they provide or leave I also welcome the introduction of a much-needed database of rogue landlords and property agents. This will allow greater co-operation of local authorities around the country to keep track on banning orders and monitor ongoing trends. Having this national co-operation will, as I said, prevent serious or repeat offenders who are known to be causing misery and harm to renters and placing them at serious risk, from letting property, and there should be no room for these operators within the sector I ask the Minister to assure noble Lords that further government intervention against rogue landlords will happen and that she will collaborate with council leaders, like myself, in bringing a rogue landlord database to fruition as soon as possible.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Rachel Trixie Anne Gardner (Conservative, Centre-right): My Lords, I support Amendment 7. I appreciate what has just been said, but certainly my view is that one of the big problems with all these housing issues of overcrowding and everything else is that the local authorities cannot afford to implement the enforcement and inspection measures that are constantly necessary. Indeed, at a later stage in the Bill I intend to bring forward an amendment to enable them to charge more for planning applications for these enormously expensive huge underground developments which many people find very inconvenient. The person who applies for planning permission for a simple little underground development just to give their family more space pays the same amount as the person applying to build a multimillion pound development. That is very unfair. The proposed measure would enable local authorities to have a little more money to enforce their many obligations. This amendment is valuable in that respect.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, I shall answer the noble Lord, Lord Kennedy, first because I ran out of time in a debate the other day and I could not answer him fully. He will get first place on the housing list today The noble Lord referred to the regulations which other noble Lords have mentioned at length. I can only reiterate my desire to bring forward as much information as I can. In any event, as I outlined in relation to the previous amendment, none of the orders could be implemented until the regulations were in force. So the orders would not be retrospective; they would only be made after the regulations had gone through. However, I take his point and I will do my best to bring forward as much information as possible The noble Lord made a point about social housing being so much harder to obtain than previously for people who would seem to be on modest incomes. That is behind the Government’s priority of building homes for all types of tenure in this Parliament, but focusing particularly on the younger generation that he talks about who are increasingly left out of the housing market. He also asked whether I would meet with him and colleagues before Report and I will be happy to do so Amendments 3 and 4 amend Clause 20 so that a person who has been convicted of breaching a banning order and continues to breach the order after that conviction shall commit a further offence and be liable to a fine not exceeding one-tenth of level 2 on the standard scales for each day or part of a day on which the breach occurs. This would equate to up to £50 a day until the breach ceases The amendment also introduces a defence of reasonable excuse in relation to the further offence which will capture any cases where a person was genuinely not able to cease breaching a banning order following conviction because, for example, they were in hospital and therefore unable to manage their affairs to bring tenancies to an end. Rogues who continue to let out their properties despite being convicted for that offence will therefore not only incur punishment for the initial breach of the order but will continue to be punished for each additional day that they remain in breach of the order. This sends out a strong message that a breach of banning order will not be tolerated Amendments 5, 6 and 8 amend Clause 22 so that a person who has had a civil penalty imposed upon them for breaching a banning order as an alternative to prosecution, and continues to breach the order despite the first civil penalty, can have an additional civil penalty of up to £30,000 imposed for each period of six months or part of a six-month period in which the breach of the banning order continues. Rogues who continue to let out their properties despite having incurred a civil penalty for the breach will, therefore, be subject to additional civil penalties for continuation of the breach. This sends out the strong message that a breach of a banning order will not be tolerated and will ensure that the business model of rogue landlords is disrupted.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): I think that comes back to the point made by the noble Lord, Lord Campbell-Savours, about charges on properties. The local authority cannot in any circumstances of managing that property be out of pocket, but nor would the tenants be expected to live in substandard conditions. Therefore, any money that needed to be spent on the property could be recouped by a charge on the property. I think that answers the questions of both the noble Lords, Lord Campbell-Savours and Lord Greaves.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, as far as I know, the mortgagee is responsible for paying the mortgage. If the rents do not cover the costs of any works that need to be done on the house, again, it comes back to the charge on the property in order to keep those tenants in the property for the agreed period of the tenancy. That is the way I think it would work, but I will confirm that in writing because I do not want to mislead noble Lords.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): That might be the case. The point is that the local authority could recoup the costs. I think the premise of all the questions is the local authority not being out of pocket because of its obligations to the tenants. The noble Lord, Lord Greaves, is shaking his head so I will let him intervene.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, I hope I made the point clearly that ultimately, the local authority will get its money back. That might mean that at the end of a tenancy the local authority could force the sale of a property in order to get its money back, but the point is that the local authority can get its money back. I guess if it incurred any interest charges over the period, it can claim those back as well. But such is the level of the civil penalty that local authorities should be in a fairly good position, using penalties and other things to service any housing costs they might have and to not be left out of pocket.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Other
Susan Williams (Conservative, Centre-right): My Lords, I think I understood what I was saying, but I am sorry if noble Lords did not. I shall be very happy to write and explain. I always use the example of a house that costs £100, so it will probably be something around that.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, I do not have any particular concerns about the rogue landlord; I am concerned about the vulnerable tenant. That is why the local authority, or the managing agent of the local authority, is the protection for the tenant who, if they have been subject to the practice of a rogue landlord, might find it a light relief not to be treated in such a contemptuous way.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, I would assume that in those circumstances the local authority would take a second charge out on the house. That is the assumption I would make in such circumstances Under subsection (7) the Secretary of State may make regulations specifying how financial penalties recovered under this clause are to be dealt with. Broadly speaking, we envisage that such sums could be used in connection with the authority’s private sector housing functions, but we will discuss the details of how the income is to be applied with relevant parties before making the regulations. We will consult on guidance, setting out the appropriate penalties to levy, and take into account a wide range of circumstances. Such guidance will also cover landlords’ right to appeal. Furthermore, we will issue local authorities with guidance on the utilisation of any money they receive through financial penalties I do not know whether I answered the noble Baroness, Lady Bakewell, and the noble Lord, Lord Greaves, about the new burdens. I have probably made my point, but any policy that could result in a local authority incurring costs is subject to a new burdens assessment. We have considered this test when developing this policy. It is not a burden as it is not a requirement to place someone under a banning order In answer to the noble Lord, Lord Palmer, on how local authorities will implement this policy, local authorities have warmly welcomed it because it will help them to crack down on the rogues and retain the income from civil penalties and rent repayment orders. It is important that noble Lords are satisfied that local authorities are very happy with this. The noble Lord, Lord Campbell-Savours, mentioned the transfer of interest to a prohibited person when that interest is an overseas interest. It does not matter whether it is an overseas interest or whether it is in this country, the policy still applies, as I understand it The noble Lord, Lord Greaves, asked how local authorities would make their decision and how many cases we would have a year. Local authorities are likely to seek banning orders where the offence is particularly serious or where they have a repeat offender. We estimate that there will be about 600 banning orders per year. I hope my comments have reassured noble Lords, but I see that the noble Lord, Lord Beecham, is about to stand up.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): My Lords, as I understand it, the second penalty is an enhancement of the first, so they are related. However, I think the first is a lesser penalty because it involves a first breach and the second is greater because it perpetuates the breach.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Other
Susan Williams (Conservative, Centre-right): I thank the noble Lord, not for letting me off the hook but for deferring the hook. I will write to him about that. I request that the noble Baroness withdraws the amendment at this stage.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): I rejected the amendment because the purpose of the database is not to ban landlords and property agents from operating but to enable local authorities to monitor rogue landlord activity. It is crucial to give local authorities the freedom to make judgments regarding the licensing in their area, just as they do in other forms of licensing, so it does not necessarily follow that a rogue landlord should be banned from holding an HMO licence. Although a local authority may make the judgment that they should be banned from having such a licence because of their activity, it does not necessarily follow.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): The landlord who is on a database of rogue landlords has not necessarily been banned but may have had a civil penalty. So it is up to the local authority, when coming to a judgment about an HMO licence and in the light of the information that it has, whether that landlord will be banned from holding one. It may decide on balance that he or she will be, because they are such a rogue, or they may have had one civil penalty and it might therefore grant him or her a licence.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Rachel Trixie Anne Gardner (Conservative, Centre-right): My Lords, this is an interesting proposal and if it is introduced, leaseholders too should be included. There are 6 million leaseholders, who in the past could have gone to a leasehold valuation tribunal for a very reasonable cost, but who now have to go to the First-tier Tribunal, which is much more expensive. There are many things that could be resolved by applying the ombudsman scheme. I would like to hear more about how this would work, and also—perhaps at a later stage in the Bill—to look at the possibility of including leasehold properties.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Other
Howard Emerson Flight (Conservative, Centre-right): The noble Baroness is entirely correct. That is why I asked the indulgence of the Committee quickly to address them now. That is for two reasons: first, they relate to Amendment 21 and, secondly, as I have given notice, I may not be able to be here when they are called later, for some particular personal reasons.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Howard Emerson Flight (Conservative, Centre-right): I think I need to respond to that. Yes, it is correct that this would essentially be when a new residence starts, but there could be a simple form that went out with regular council tax demands.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Charles Cathcart (Conservative, Centre-right): My Lords, I should declare that I am a landlord. I support Amendment 21, tabled by my noble friend Lord Flight. This is a bit of a hobbyhorse of mine, and I raised this exact solution in a Question last summer, when I said: "One of the problems is not knowing who the landlords are. Some suggest that there ought to be a national register of landlords, but the good ones might register while the bad ones will not bother and thus remain below the radar. Surely a better way is if all new tenants, who are required by law to complete a council tax registration form, put on that form the name, address and contact details of their landlords; then, councils would build up over time a complete picture of all the landlords in their area".—[Official Report, 23/6/15; cols. 1467-68.] I raised the point again at a later date, but that, too, fell on stony ground. My noble friend the Minister then kindly arranged a meeting with Brandon Lewis, the Housing Minister, and all three of us agreed that it was a jolly good idea—until an official put a spoke in the wheel by suggesting that such a measure would put a burden on local authorities. Quite what that burden would be I do not know. It must be in local authorities’ interests to know who all the landlords in their area are—the good and the bad. I understand that, as my noble friend said, some local authorities already require this information on their council tax registration forms. So surely this is best practice, not a burden There are numerous occasions when the Government need to contact landlords, but cannot do so because they do not know who they all are. We heard from the noble Lord, Lord Beecham, that the Smoke and Carbon Monoxide Alarm (England) Regulations allowed only two weeks for landlords to comply, but the Government could not write to the landlords, so how on earth could they comply on time? We also heard from my noble friend Lord Flight about the provisions in the Immigration Bill legally requiring landlords to monitor whether their tenants are legally allowed to rent in this country. I wholeheartedly support my noble friend’s amendment. I shall not go over all his arguments, but I hope that the Minister will agree to look at this again.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
James O’Shaughnessy (Conservative, Centre-right): My Lords, I register my concern about Amendments 18, 27 and 33A because of the unintended impact of the regulation that I believe they would introduce It is worth reflecting once again on the reasons behind the Bill: we have too little housing in this country, it is too expensive and is not of a high enough quality. To address this crisis we need to generate radically greater investment in housing. I think everyone in the Committee agrees with that. That investment must come from government and the private sector. Several noble Lords have already commented on the growing role of the private rental sector. For better or worse, we now have 4.4 million households in private rented accommodation—the second highest tenancy after ownership. Earlier, the noble Lord, Lord Kennedy, talked about an explosion of private rental housing. I welcome this in its own terms because we will simply not get the housing we need without the billions—indeed, trillions—of pounds of investable money that is sitting in pension funds and other investment funds It is also worth remembering that we have a public debt of 80% of GDP and a budget deficit, so private sector funding is essential to meeting our housing need. Whenever you talk to private pension fund and investment fund managers about investing in housing, you find that it is the complexity of the product that puts them off. We must be very wary about increasing that complexity What are the conditions needed to encourage this investment? Clearly, any investment needs to look for an economic return. I think we all agree that that is available in the housing sector. We need a quick and simplified planning system—we are not dealing with that part of the Bill today but will do so—and a low regulatory burden for the non-rogue landlords. It is on this last item that these amendments are problematic. I totally understand their intention but believe that they will provide another barrier to entry for potentially good landlords My noble friends Lord Flight and Lord Cathcart talked about the fact that licensing schemes will tend to attract good landlords and not capture the bad ones. For that reason, a mandatory licensing and accreditation scheme—let alone the charging of fees, as suggested by the noble Lord, Lord Greaves—would potentially discourage investors and raise the costs of housing while also increasing the burden on local authorities. Surely this is not the way forward to generate the housing that we need What we need, of course, are greater powers to crack down on rogue landlords—exactly what we discussed earlier today—a proportionate response to the problem rather than a blanket response. As we discussed—and will continue to discuss—these are well provided for in the Bill, with great agreement across the House. So the discussion of voluntary arrangements—
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
James O’Shaughnessy (Conservative, Centre-right): That is a perfectly good question. I was going to end by talking about the voluntary arrangements that have been discussed in both this area of registration and with the Housing Ombudsman. However, the amendment of my noble friend Lord Flight points to a simpler, lower-impact and more elegant way of gaining the information that we are after. Every time there is a change of tenancy or of ownership is precisely the point at which a new registration would have to be made. I do not believe you would need to send out forms every year; you would just need them when the occupancy or the ownership changed. That would provide a rolling database of the information that local authorities need.