Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 — House of Lords, 2018-04-17
Topic: Housing
Roy Kennedy (Labour, Centre-left): My Lords, first, I draw the attention of the House to my relevant interests in the register: namely that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I am moving this Motion in relation to a regulation under the dreaded Housing and Planning Act 2016, a fine example of how to legislate in haste and repent at leisure, a generally dreadful piece of legislation with little or no thought given to its consequences, with a number its of provisions either dropped or quietly forgotten about and never mentioned again One of the more promising parts of the legislation was the rogue landlords and property agents database, but even here the Government got it wrong, as I state in my regret Motion, as they do not allow tenants or anyone else other than the Government or local authorities access to it. So it is a good idea and a good initiative but, through the action of the Government, it is failing tenants—failing to help them to make informed choices and to protect themselves. This is important, as the housing market is changing before our eyes. The number of people in the social rented sector has fallen, as has the number owning their own homes. Some 4.7 million households in England currently rent privately—about 20% of all households. This includes a large number of young and single people but also includes a number of families The vast majority of private landlords and property agents are good and act responsibly. They, and the bodies that represent them, are as keen as anybody else to deal with the rogues who abuse their tenants. There is support in the industry for this database to be available much more widely. David Cox, the chief executive of the Association of Residential Letting Agents, said: "We have campaigned for the Government’s database of banned letting agents to be publicly available as with no public access to the database, how will landlords or tenants know if they are using a banned agent?" I think David Cox is absolutely right. How will you know if you cannot have access to this secret list? Carrie Kus, director of the Residential Landlords Association, said: "We all want to see criminal landlords rooted out of the rental market altogether. Any measure … which helps tenants to distinguish between the majority of law-abiding and decent landlords and those landlords who bring the sector into disrepute is to be welcomed" I agree with her, but it is a shame that this regulation will not help tenants to make that choice as they are prevented from having access to the secret list We all want both tenants and landlords to operate within a set of rules where a clean, safe, dry property, which meets all its obligations under the law, is offered for rent and where tenants accordingly pay the rent due to the landlord. The rogue landlords and property agents database deals with the small number of landlords and property agents who flout their obligations and the rules, and who rent out substandard accommodation, often to vulnerable tenants. This is accepted in paragraph 7.1 on page 2 of the Explanatory Memorandum that accompanies these regulations. The memorandum goes on to say that the Government are, "determined to crack down on these landlords and disrupt their business model". I respectfully suggest to the noble Lord, Lord Bourne of Aberystwyth, that disrupting their business model would be a lot easier to achieve if their customers knew they were on this list. However, this database is secret and only to be accessed by the Government and local authorities Who are we protecting with this inadequate regulation? These could be landlords who have been convicted of certain offences, or made the subject of banning orders for matters such as illegally evicting and harassing tenants; using violence to enter a property; failing to comply with improvement notices; failing to adhere to houses in multiple occupation regulations; failing to adhere to an overcrowding notice; providing false or misleading information; or other similar offences. I was interested to read the letter from the noble Lord, Lord Bourne of Aberystwyth, to all Members of this House on 6 April 2018. It gives some useful information, but for me the most interesting paragraph was the last but one and I will read part of it. It says: "Currently, the legislation does not allow for information on the database to be shared more widely. However, I am strongly committed to supporting tenant choice and my department is exploring a range of options to make the information on the database publicly available. This would enable prospective tenants and others to check whether a landlord or agent has been subject to enforcement action. This may require primary legislation. In the meantime, we are encouraging local authorities to publish information drawn from their own records about landlords and property agents who have been banned, convicted of relevant criminal offences, or have received a civil penalty. We have also encouraged them to make this information available to tenants who request it" I suppose that is progress of a sort but it is a mess. Tenants are prevented in law from having access to this database but we encourage local authorities to publish a separate list about such landlords and property agents. It is a real dog’s breakfast and I can see local authorities being very wary of doing that unless they have a specific instruction to do so. It could have been so different. My noble friends Lord Beecham and Lady Hollis of Heigham, the noble Lords, Lord Best, Lord Kerslake and Lord Shipley, the noble Baronesses, Lady Grender and Lady Bakewell of Hardington Mandeville, and many other noble Lords will recall the debates in January, February, March and April 2016. The Government were not listening and there were late night sittings. On 11 April 2016, the noble Baroness, Lady Bakewell, moved an amendment to allow tenants access to this information. I also spoke in support but in her response, the noble Baroness, Lady Evans of Bowes Park—who is now the Leader of the House—said: "Indeed, allowing such access to the database would arguably breach the landlord’s human rights by making sensitive personal information about their convictions publicly available and effectively banning them from operating without an independent tribunal determining whether they should be banned".—[Official Report, 11/4/16; col. 82.] This line of defence was revised when this House gave a Second Reading to the Renters’ Rights Bill, introduced by the noble Baroness, Lady Grender. It proposed, among other things, the right for tenants to have access to the database of rogue landlords and property agents. On 10 June 2016, in response to the debate, the noble Viscount, Lord Younger of Leckie, said: "Giving tenants or potential tenants access to the database might be fine if the purpose of the database was to blacklist landlords and drive them out of business. However, that is not the purpose of the database. Where a landlord should not be in business, the local authority should apply for a banning order".—[Official Report, 10/6/16; col. 985.] Taking the letter written by the noble Lord, Lord Bourne; the comments of the noble Baroness, Lady Evans of Bowes Park, on 11 April 2016 when the Bill was going through Parliament; and the comments of the noble Viscount, Lord Younger of Leckie, on 10 June 2016, responding to an attempt to make this database public, it is not unreasonable to suggest that the Government are in a complete mess on this issue with contradictory positions: it is as clear as mud. I can see local authorities being very wary and wanting more clarity on the issues before publishing anything I have a number of questions for the noble Lord. Is he aware that the Private Rented Sector Partnership Board, which comprises the Association of Residential Letting Agents, Countrywide, the National Landlords Association, the Nationwide Building Society, the Nationwide Foundation and Shelter, believes that organisations and businesses operating in the private rented sector should have access to the Government’s rogue landlord and lettings agent database? Does he accept that, from what I have highlighted from his letter, and the comments of the noble Baroness, Lady Evans of Bowes Park, and the noble Viscount, Lord Younger of Leckie, that the Government need to get their act together and provide clarity on the situation? Will his department be following up his letter to Members of this House with a letter to all local authority leaders and chief executives, making it clear that local authorities can publish information on rogue landlords and letting agents drawn from their own information and that the Government are encouraging them to do just that? What discussions have the Government had with tenants’ bodies and tenant advice organisations about how they could use the database to help local authorities identify rogue landlords and target their enforcement work In conclusion, I hope I have highlighted that the situation we find ourselves in is far from ideal and that it would be right for the House to express its regret. I beg to move.