argyrotsipi/train-dataset huggingface dataset:
Housing and Planning Bill — House of Lords, 2016-03-14
Topic: Housing
Margot Aline (Labour, Centre-left): I will speak to Amendments 82GB and 82GC. They would provide a right to succession and secure tenancy for a carer where there is no spouse or common-law partner. Without this, carers who have given up so much to care for a parent or sibling could be rendered homeless when the person they have cared for dies or moves into residential care, even if they have lived in the property for many years. This is because, as it stands, Schedule 8 to the Bill will standardise all secure council tenancies by removing the automatic right to succession for anyone but a spouse or common-law partner, as with all secure tenancies granted after 2012 Carers UK demonstrates the potential impact of such a measure through the story of John, who gave up his music career to care for his father who had Alzheimer’s disease and his mother who had severe psychiatric problems, moving back into his parents’ council property to become a full-time carer in 2010. Last year, John’s father had a severe fall and was hospitalised, and later moved permanently to a nursing home due to his care needs. John’s mother has now become impossible to care for and the family are exploring the option of residential care due to her increasing needs. Under the Bill, if John’s mother moves into care, he will have no right to succeed to the tenancy and will be evicted from the family home by the council The least we can do for carers such as John, who gave up his career to care for his parents and depleted his savings in doing so, is ensure that they have the ability to stay in their home once their caring role ends. While local authorities will continue to have discretion to grant succession rights in certain cases, the guidance on this is very poor and must be updated to include carers—something I hope the Minister will look at. Better still, their right to succession where there is no spouse or common-law partner, should be enshrined in legislation Lastly, it is important to note that these amendments are in line with recommendations put forward by the Law Commission’s review of housing. The Law Commission recommended that in the absence of a spouse or partner a "reserve successor", such as a carer, should be able to inherit the home if it is their only or principal residence. In fact, until 2012 the government guidance also recognised that those providing care should have the opportunity to inherit the tenancy. However, I understand that this section of the guidance to local authorities was removed in 2012. The Minister very kindly agreed to meet Carers UK to discuss the previous amendment. I suggest that we add this issue to the agenda for such a meeting, especially in the context of the Government’s carer strategy, currently in development, which looks at how we can better support carers across all aspects of their lives.
Welfare Reform and Work Bill — House of Lords, 2016-02-29
Topic: Housing
William David McKenzie (Labour, Centre-left): My Lords, as the Minister has anticipated, we have a sense of déjà vu on this drafting. We have lost count of the number of amendments and changes the Government have made to their own legislation. Again, the Commons are disagreeing with an amendment that the Government themselves laid in your Lordships’ House and replacing it with an alternative. So confident are they now that they will get it right on this occasion that they have decided to address the point at hand in regulations However, the substantive point is serious and it is important that the legislation is right. It is understood that the issue is to properly identify those cases where the 1% per annum reduction will apply to only the rent and to where it will apply to rents and the amount of the service charge. The former will apply to rents determined by a formula social rent approach; the latter to what is known as affordable rents, which are determined on a percentage of market value. It is understood that the sector is content with this differentiation—the Minister has confirmed that—and so are we. We look forward to the regulations in due course. There will, doubtless, be various iterations of them.
Calais: Child Refugees — House of Lords, 2016-02-29
Topic: Immigration
Richard Rosser (Labour, Centre-left): I thank the Minister for repeating the reply to the Urgent Question. The thrust of part of it is that the Government are working with the French authorities and others to ensure that the claims of refugees, including the estimated 150 unaccompanied children in Calais and Dunkirk, of the right to be in this country under the Dublin regulations are processed quickly. What is the evidence that that is actually happening, as opposed to the Government claiming that it is happening Since the Government do not allow such children to come to the UK immediately to be in the care of their family while they make their applications, as the UK tribunal ruled they should be, and the reality, as opposed to what was in the Statement, is that cases from France take up to nine months, are the Government considering allowing those children who have a claim to be in the UK to come to the UK to make that application? What specific provisions are in place to ensure that the reality, as opposed to the Government’s belief, is that such children who are currently being moved out of the camps in Calais and Dunkirk are properly safeguarded and rehoused in suitable accommodation for children, and not left vulnerable to child traffickers, to join the thousands in Europe who have already disappeared Finally, the UNHCR has offered to set up a system to expedite the claims of those children in Calais and Dunkirk with close family in the UK with whom they could be reunited under the Dublin regulations. Have we accepted that offer from the UNHCR, and if not, why not?
Calais: Child Refugees — House of Lords, 2016-02-29
Topic: Immigration
Alfred Dubs (Labour, Centre-left): Not long ago four children were discovered in Calais who had parental links here. It took a long time to find those children. Surely we have to make sure that we do not let time pass in the way it did then. Could the Government not publicise very loudly and clearly to the people in Calais and Dunkirk that if there are young people there with family members here they should announce themselves because that is a quick way of getting in here?
Welfare Reform and Work Bill — House of Lords, 2016-02-09
Topic: Housing
William David McKenzie (Labour, Centre-left): My Lords, I thank the Minister for his explanation of Amendment 5. It makes the drafting of this area somewhat less impenetrable. I was going to say that it would be churlish, given the occasion, to point out that this is the third or fourth attempt to get this drafting right but clearly there will need to be a fourth or fifth, from what the Minister has said, and we welcome the point to which he has alerted us I take this opportunity to welcome the Minister’s action in deferring the impact of the rent reduction policy for a period and holding back on the local housing allowance. We will have to see where that leads. Of course, this point was pursued rigorously by the noble Lords, Lord Best and Lord Kerslake. My understanding is that this has not necessarily allayed the concerns of providers sufficiently and there is the risk of holding back on some key projects in relation to supported accommodation, which would be a great pity. So I think there is a task for the Government there With regard to the amendments that go back with the Bill to the other place, all we can do is urge the Minister to send it on its way with his wholehearted support.
Welfare Reform and Work Bill — House of Lords, 2016-02-09
Topic: Other
Maeve Christina Mary Sherlock (Labour, Centre-left): May I, on behalf of the Opposition, thank the Minister for giving us access to his officials? I thank the Bill team and some very impressive policy people who have been briefing Peers from all over the House. We appreciate his generosity in giving us access to them, and their expertise and willingness to explain to us patiently—sometimes, if necessary, more than once —precisely how the Bill works. We are grateful for that. They have also been helpful in working with the wonderful Muna Abbas, from our Whips team, who has done a brilliant job in supporting us from this side We have not been persuaded by the Minister that this is anything other than a bad Bill—but now, as a result of what this House has done, it is less bad than it was. I pay tribute to Peers throughout the House, who have shown the House of Lords doing what it does best—being a revising Chamber which, even when it does not like legislation, focuses its attention on improving it and sending it back to the other place much better than it was. Long may we do so.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Dale Norman Campbell-Savours (Labour, Centre-left): My Lords, this is a perfect description of the kinds of people we are dealing with. It will emphasise in the public mind exactly what is going on in the area of housing rental, and I hope that the Government will not give way on this amendment.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Other
Jeremy Hugh Beecham (Labour, Centre-left): My Lords, I understand why the noble Lord, Lord Greaves, would not wish to be considered to be a member of the "Liberal Demotic Party" but we have more important things to discuss in the 14 groups that are before us. I trust that the noble Baroness will deal with the matter briefly, and then we can get into the substance of the Bill.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Other
Jeremy Hugh Beecham (Labour, Centre-left): That would be extremely helpful, but it would be particularly important to be clear what standard of proof is required under the procedures involved. Would it be the same standard of proof or a different one? I am not asking the Minister to answer that at the moment, but I would hope for an assurance that that would be dealt with in the information that she has kindly offered to supply. I assume that her nod was a nod of consent. I beg leave to withdraw the amendment.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Dale Norman Campbell-Savours (Labour, Centre-left): I will speak to the amendments moved and spoken to by the noble Baronesses, Lady Grender and Lady Bakewell of Hardington Mandeville. We all know the reality. The reality is that local authorities will be picking up this responsibility because people will be advised by the homeless charities or whatever to go to the local authority, and the local authority will have to pay. The question is: who should ultimately pay It may be that the Government should take upon themselves the right to take a charge on the landlord’s property. I know it would be very controversial—I am sure the lawyers would have a field day—but it would mean that the local authorities would get their money back. I therefore put that as a suggestion, which the Minister might wish to pursue when we get to Report Government Amendment 4, in the name of the noble Baroness, Lady Williams of Trafford, deals with further offences by the person who committed a first offence. What about people who transfer their interest, so that the further offence is committed by the person to whom the interest has been transferred? Clause 26 deals with the "Prohibition of certain disposals". Subsection (1) states: "A person who is subject to a banning order that includes a ban on letting may not make an unauthorised transfer of an estate in land to a prohibited person" Subsection (4) describes a "prohibited person" as, "a person associated with the landlord", or , under subsection (4)(f), "a body corporate in which the landlord has a shareholding or other financial interest" Subsection (5) states that an, "‘associated person’ is to be read in accordance with section 178 of the Housing Act 1996" In that section of the 1996 Act, I am told that an "associated person" is someone who is in a marriage to, or is a cohabitee of, or lives with, or is a relative of the landlord, or someone whom the landlord is about to marry, or who is a child of the landlord. Does this include relationships that have developed and are registered overseas? Many landlords will be operating from overseas, so we will have great difficulty identifying who the owner of a particular property is This brings me to the second point, which is about, "a body corporate in which the landlord has a shareholding or has a financial interest" What about companies registered outside the United Kingdom? The landlord might be in some tax haven or in some other part of the world, which is perfectly respectable but where we do not have much access to information. I think these bodies need to be more clearly defined in the law, and I wondered whether the noble Baroness might wish to comment on that as a proposition.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Jeremy Hugh Beecham (Labour, Centre-left): A further question has just occurred to me. We are assuming that we are talking only about a landlord and a tenant but of course, there may well be a mortgagee. What happens in the event that the council takes over the property? Is the council then responsible for paying the mortgage payments out of the money it receives and, if not, is the tenant not at risk of the mortgagee obtaining possession of the property?
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Roy Kennedy (Labour, Centre-left): While all this is going on, I am conscious that there is one very vulnerable tenant and one rogue landlord, who is getting angrier. What protection is there for the poor tenant left there while all this is going on? The landlord is not getting his rent or having his mortgage paid and the council is in there taking things over. I am wondering about the human issue.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Roy Kennedy (Labour, Centre-left): That is absolutely right. I have no worries for the rogue landlord but the noble Lord, Lord Deben, spoke earlier about these characters and some of their despicable practices. I am worried about how they treat their tenants.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Jeremy Hugh Beecham (Labour, Centre-left): My Lords, I support the amendments moved by the noble Baroness. I have one query about Amendment 12, which removes a requirement for information disclosed from the database to be anonymous. It would be helpful if it were made clear that any information concerning a tenant would continue to be anonymous. It is not clear whether there would be any information about a tenant revealed or recorded but, to be on the safe side, such a tenant should not have his or her details revealed. That ought to remain guarded by anonymity This group of amendments addresses a large range of issues designed to facilitate dealing with the problems occasioned by rogue landlords. Amendment 15 specifically bars any landlord on a database of rogue landlords from obtaining a house in multiple occupation licence. It would be good to have that in the Bill The background to this group and much of what we are discussing today in the Bill was set out recently in disturbing statistics produced by Citizens Advice in its response to the welcome funding by the Department for Communities and Local Government to tackle the problem on the ground I am bound to report that a grant of £80,000 has been received to be applied in the ward that I represent on Newcastle City Council, in an area just half a mile away from the new properties that the noble Baroness visited recently. We got a selective licensing scheme for that area—eventually; it was not easy to obtain. About a third of the landlords in the area were clearly not conforming to the requirements. I am glad that we have received this funding to enable us, as a council, to pursue matters.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Dale Norman Campbell-Savours (Labour, Centre-left): My Lords, I firmly support Amendment 9, moved by the noble Baroness, Lady Bakewell of Hardington Mandeville. It is a very sound amendment Clause 29 refers to a power to include a person convicted—that is, convicted in a court of law—of a banning order offence. Then it says in a subsection: "A local housing authority in England may make an entry in the database in respect of a person who has, at least twice"— not once, twice— "within a period of 12 months, received a financial penalty in respect of a banning order offence committed at a time when the person was a residential landlord" We are talking here about a habitual offender. In Clause 32 the Government set out what can be on the database. Let us go through the list, because that list should be available to the general public for the reasons set out by the noble Baroness, Lady Bakewell, when she referred to freedom of information. First, there is the period for which the entry is to be maintained: why should that not be available to the tenant or tenants? Details of properties owned, let or managed by the person: why should they not be in the public domain when the matter has been dealt with in the courts? Details of a banning order offence of which the person has been convicted in a court of law: why should that information not be made available to the tenant? Details of any banning orders made against the person, whether or not still in force: why should tenants not know the background of their prospective landlords? Also on the list are "details of financial penalties" received by the person Finally, I return to the first item in the list: the person’s address or other contact details. One would have thought that a tenant should at least have the right to know who their prospective landlord is, where they live, and their contact details. I put it to the Minister that the Government are a little oversensitive about this. They should reconsider this area and think about what is in the public interest. Who is going to lose as a result of this? The local authority does not lose; the tenant does not lose; only the landlord who has been convicted of a criminal offence loses. I ask the Minister to reconsider the position.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Dale Norman Campbell-Savours (Labour, Centre-left): I am not opposed to that but are we saying that persons who are subject to the legislation in terms of banning orders come under a separate reporting arrangement to the Revenue as against the generality of landlords?
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Dale Norman Campbell-Savours (Labour, Centre-left): Are we saying that there is a separate category for those landlords who would fall under the legislation in terms of banning orders as against the generality of landlords, who, as the noble Earl, Lord Lytton, said, are pretty good people?
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Jeremy Hugh Beecham (Labour, Centre-left): May I revert to my Amendment 15 about the HMO licence? I do not understand the logic of the Minister’s position. If a landlord is described as a rogue landlord and is on the database accordingly, why should that not operate as a bar to obtaining a licence for a house of multiple occupation?
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Jeremy Hugh Beecham (Labour, Centre-left): Amendment 15 would prevent a landlord on the database of rogue landlords obtaining an HMO licence, which seems perfectly logical. The Minister appeared to reject the idea; I cannot think why. If she cannot for the moment remember why she did, perhaps she could communicate her thoughts later.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Mixed Topics
Dale Norman Campbell-Savours (Labour, Centre-left): My Lords, on that matter, I had almost forgotten what I was going to ask, but it was this: if we can ban a doctor or a dentist for bad practice, why can we not ban a landlord?
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Roy Kennedy (Labour, Centre-left): My Lords, Amendment 17, which is in my name and that of my noble friend Lord Beecham, seeks to extend the services of the Housing Ombudsman to the entire private rented sector. Following a successful pilot scheme in London, the Government decided to proceed in that manner. Ombudsman services are available for a variety of matters. They have proved highly effective and seek to resolve complaints having investigated the issues at hand independently and in a less confrontational way than proceedings in court can be At present, the Housing Ombudsman provides ombudsman services to housing organisations that are registered with it. The service is free, independent and impartial. It has two classes of membership: a mandatory membership, which includes all bodies registered with the Homes and Communities Agency; and a voluntary membership, which includes landlords and letting agents in the private rented sector who want to provide a good service to their tenants and who also have, and wish to retain, their good reputation My amendment seeks to extend the service on a trial basis to cover all disputes between landlords and tenants in the private sector in the Greater London area. It provides that the trial would last for between six and 12 months and that subsequently, within three months of the ending of the trial period, a report must be laid before Parliament with any statement the Secretary of State thinks appropriate about the extension of the scheme. That could be anything from welcoming the trial and extending the scheme to concluding that it was not a success and ending it there. The Secretary of State has complete flexibility in this regard. If it is deemed to have been a success, we have also included in subsection (4) of the proposed new clause the power to extend the scheme to cover the whole private rented sector in England. This is a sensible and proportionate measure and amendment, which I hope will receive a positive response. I beg to move.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Housing
Roy Kennedy (Labour, Centre-left): My Lords, I thank all noble Lords who have spoken in this short debate. I take the point that the noble Lord, Lord Foster of Bath, made about the funding mechanism. We certainly need to devise a system that collects the fee with another charge or over a longer period, although, as the noble Lord, Lord Best, said, there are already private landlords who have signed up to the scheme and pay their contribution to be part of this valuable service That is also why our amendment put forward a pilot scheme in only one part of the country—London. At the end of the scheme, that would be evaluated by the Secretary of State and a report would be laid before Parliament; at that point the scheme might have been a great success and could be extended further or might not have worked—or somewhere in between. We gave all options to the Secretary of State to move forward We should not forget that, in many of the areas that I outlined in which people have protections, virtually no legal aid is available now for these things. The protections are there, but they do not have the legal aid to ensure those protections. With that, though, I beg leave to withdraw the amendment.
Housing and Planning Bill — House of Lords, 2016-02-09
Topic: Other
Patricia Hollis (Labour, Centre-left): I am sorry to be a misery on this, but it is rather difficult because, when we get to that point in the debate, we will not be able to debate the amendments. They are quite some distance away; they would have needed to be grouped.