Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Roy Kennedy (Labour, Centre-left): My Lords, it was with much surprise that I heard that the Government had not agreed to an amendment in the other place which would have ensured that residential letting must be fit for human habitation. However, I am hopeful that your Lordships will be able to persuade the Government of the error of their ways as we progress through Committee and Report. Even at this early stage, I can say that we feel so strongly about this that we will divide the House at the appropriate time if the Government do not move from their present position The move to pass such an amendment in the other place was defeated, as I said earlier. The Communities Minister in the other place, Mr Marcus Jones MP, said that the Government believed that homes should be fit for human habitation but did not want to pass a new law that would explicitly require that. That is just nonsense. Unhealthy and unsafe housing needs to be tackled. The private rented sector is growing rapidly and tenants need protection to ensure that their home is fit to live in. Damp, mould, excessive cold, overcrowding and lack of proper space, fire hazards and other hazards regarding electrical and other safety can all have major consequences for people, even death Local authorities clearly have a role in protecting tenants in the private rented sector when landlords fail to maintain or provide properties that are safe and healthy to live in. However, local authorities are under considerable financial constraints, and this is never going to be enough. My amendment therefore seeks to provide tenants with the means to take action themselves, and would place a specific duty on landlords to ensure that the property they let is fit for human habitation and will remain so during the course of the tenancy. For me, that is a perfectly reasonable duty to place on landlords Amendment 22, in the names of my noble friends Lady Hayter of Kentish Town, the noble Lord, Lord Tope, and in my name, would introduce mandatory electrical safety checks into the private rented sector. Again, Members in the other place were unable to persuade the Government on this issue, but we hope again to have more success in your Lordships’ House. In fact, your Lordships’ House may be surprised that such checks, unlike those for gas safety, are not already mandatory, given the danger of electrocution as well as fires caused by faulty electrical installations. Indeed, according to the charity Electrical Safety First, which works to prevent electrical accidents, around 70 deaths per year involve electricity, compared to 18 from gas. That is over one a week. Yet, regrettably, the opportunity afforded by the Bill has not so far been used to protect tenants from electrical hazards Safety standards in the private sector depend on the age of the property, its location and, importantly, the competence—or willingness—of the landlord to undertake checks and repairs on electrical installations. We welcomed the measures introduced by the Government last year on carbon monoxide and smoke detectors. However, it is hard to explain why no consideration has been given to electrical safety which, sadly, is the cause of more deaths and injuries. Gas, carbon monoxide and smoke detectors all help make rented properties safe, but as my noble friend Lord Hunt of Kings Heath said in this House on 7 September 2015, electricity must be included if we are to provide private tenants with proper protection The Government’s rather unsatisfactory response then was that there is a legal duty on landlords to keep tenants’ electrical installations safe. This simply will not do—it is not enough. Not only does it mean that electrics in a rented property go unchecked for many years but it only guarantees prosecutions of landlords after the event, whereas we want to prevent electrocution or fires in the first place. Regrettably, while landlords in England must ensure that electrical installations are kept in safe working order, there is no legal requirement on them to check the installations regularly. Furthermore, there is no requirement to demonstrate to tenants that the electrics are safe. This is not acceptable, and is contrary to the Government’s autumn Statement on safety in the private rented sector and to their supposed desire to see a "bigger, better and safer" sector Furthermore, it is against what the public want. Of those responding to the DCLG’s own consultation, 84% believed that mandatory electrical checks in the private rented sector were needed. However, there has not been any action from the Government so far. The Local Government Association supports mandatory checks to reduce the risk of electrical fires. Electrical Safety First’s call for mandatory checks is also supported by the Chief Fire Officers Association, Shelter, Crisis, the London Fire Brigade, and British Gas, to say nothing of tenants A third of private-sector tenants stay in their home for less than a year, with eight out of 10 being in their current home for less than five years, so not only do an increasing proportion of our citizens live in the private rented sector, but it is a sector with a high turnover and an average tenancy of only about three years. Therefore, checks by landlords for electrical safety are essential. We know that privately rented homes are at a higher risk of fire. There has been no reduction in private rented sector fires since 2010 of those investigated by the London Fire Brigade. Indeed, of these 748 had an electrical source of ignition in the past five years, while only 97 fires had a gas source of ignition Why are the Government not taking this more seriously if they want a safer private rented sector? It seems that there is no strategy or response. I concur with Electrical Safety First that tenants would be better protected with mandatory five-yearly checks of electrical installations and supplied appliances. We know that annual gas checks work. Now is the time to implement mandatory electrical checks to discover faults before they cause accidents or fires. Our amendment would improve standards and not be burdensome to landlords Electrical Safety First estimates this would cost landlords about £3 per month over a five-year period. Of course, the amendment is about saving lives and damage to tenants’ property, but it also would protect the landlords’ assets. Checks could spot problems before they pose a serious risk through electrocution or fires We are pleased that the department has been undertaking research into the merits of introducing these checks, but it is now time for action. I hope the Minister will undertake to bring forward proposals while we have the Bill in front of us The final amendment in this group is Amendment 30, which seeks to ensure that people living in properties under a guardianship contract have some rights and protections. It is fair to say that these guardianship schemes are increasing in popularity. The guardian pays a licence fee to occupy a part of a building, secure it and prevent damage. Most of the buildings are not housing, and the guardian is not a tenant, which means he has few legal rights. My amendment seeks to redress the balance, which I think is only fair and reasonable. I beg to move.