Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken to the amendments, which have one aim: to support and protect those living in the private rented sector Amendment 20 would place a duty on landlords to ensure that their properties are fit for human habitation when let and that they remain fit during the tenancy. The amendment would also give legal rights to tenants to take action directly against their landlord through the courts when properties are in an unfit condition Clearly, all homes should be of a reasonable standard, and all tenants should have a safe place to live, regardless of tenure, particularly when they are vulnerable and living in unacceptable conditions. As noble Lords have already stated, an existing framework allows local authorities strong powers to require landlords to make necessary improvements to a property. Indeed, the last Labour Administration introduced the framework in 2004 as a replacement for the old fitness standard. The housing health and safety rating system assesses the health and safety risk in all residential properties, and under the Housing Act 2004, following a HHSRS inspection local authorities can issue an improvement notice or a hazard awareness notice. In extreme circumstances, the local authority may decide to make the repairs itself, or to prohibit that property from being rented out Local authorities have strong and effective powers to deal with poor-quality, unsafe accommodation, and we expect them to use these powers. However, this Government have gone further, to enable local authorities to take targeted action. Where rented housing in a particular area is characterised by poor property conditions, the local authority can now introduce a selective licensing scheme which enables it to target enforcement action. Last month we also announced a further £5 million funding for 48 local authorities to tackle rogue landlords, on top of the £6.7 million made available in the last Parliament. We have also consulted on extending mandatory licensing of houses in multiple occupation, again focusing regulation where it is needed. Finally, we are strengthening measures that local authorities already have by taking forward proposals through this Bill to enable local authorities to take further enforcement against rogue landlords, including through the database that we have talked about, the civil penalty notices and the extended rent repayment orders I support the aim of this amendment—raising standards for tenants—but it would lead to additional costs for good landlords, who are the ones that will pay for inspections and certificates to prove the condition of their property. I also have concerns that the amendment would give legal rights to tenants to take action themselves through the courts for the following reasons. We have issued guidance to make tenants aware of their rights, and to make landlords responsible, through the How to Rent and Renting a Safe Home guides, both of which are available on the gov.uk website. I have already mentioned that there is a system whereby tenants can raise concerns with their local authority and it will carry out an inspection, with strong powers and a duty to act if it finds a serious hazard. Civil penalties of up to £30,000 and rent repayment orders will give local authorities significantly more resources to ramp up inspection and enforcement. Noble Lords may consider that local authorities have limited resources to carry out inspections, but through the civil penalties measures outlined in the Bill they would be able to keep those penalties for housing-related activities. I question whether a vulnerable tenant would prefer to go through a lengthy court process rather than to be in a position to get their landlord to carry out repairs or to seek redress. My concern is that such a measure would lead only to rogues avoiding their responsibilities and the sanctions that could lead to them being banned. In addition, the amendment provides, among other things, for the court to have regard to whether there is a category 1 hazard in the property. In order to establish whether there is a category 1 hazard, the local authority would need to have carried out an inspection using the HHSRS methodology. In such cases, therefore, the tenant would need to involve the local authority in the proceedings As has been made clear in the other place, there is an appetite to ensure that landlords have a legal duty to carry out electrical safety checks on behalf of their tenants. Amendment 22, tabled by the noble Baroness, Lady Hayter, and spoken to very eloquently by the noble Lord, Lord Campbell-Savours, seeks to introduce this requirement for landlords to organise regular electrical safety tests in their rental properties. I understand the concerns that noble Lords have raised and the issue of safeguarding tenants. I hope to come back to the House in due course with further details on our next step but, as noble Lords have mentioned, research is being carried out with my officials to try to strike the balance between protecting tenants, and not overregulating and causing unnecessary burdens for landlords.