David Simmonds MP: speeches 2024

Speeches

• 29 Oct 2024 · Renters' Rights Bill (Third sitting) · Hansard source

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  Again, I agree with the Government on this matter. A lot of residential property transactions are undertaken by licensed conveyancers rather than by solicitors. That is a much more affordable and efficient option, often done on a fixed-fee basis, and that is particularly relevant to smaller landlords. Introducing a requirement that a solicitor must be used would be unduly onerous and would inhibit the number of transactions in the market.

• 29 Oct 2024 · Renters' Rights Bill (Third sitting) · Hansard source

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  The Opposition supports the vast majority of these measures. We all recognise situations where a landlord is in breach of planning regulations, resulting in a property being overcrowded and potentially being turned into an HMO without the appropriate licence and so on, which can bedevil our constituents. It seems appropriate to take these steps to raise the stakes for landlords who seek to behave in that manner and drive them out of the market.

• 29 Oct 2024 · Renters' Rights Bill (Third sitting) · Hansard source

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  I beg to move amendment 62, in schedule 1, page 170, line 3, at end insert— “(za) for the first unnumbered paragraph, substitute— ‘At the date of the service of the notice under section 8 of this Act relating to the proceedings for possession—’”.

• 29 Oct 2024 · Renters' Rights Bill (Third sitting) · Hansard source

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  I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn .

• 29 Oct 2024 · Renters' Rights Bill (Third sitting) · Hansard source

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  I beg to move amendment 59, in schedule 1, page 170, line 13, at end insert— “23A After Ground 8 insert— ‘Ground 8A The landlord who is seeking possession, or, in the case of joint landlords seeking possession for at least one of them, requires the dwelling-house for the purposes of providing care to— (a) a person under the age of 18; (b) a person who has a disability under section 6 of the Equality Act 2010; or (c) a person who requires personal care on the grounds of age, illness or injury.’” I will not repeat at length the comments I made when I previously introduced amendment 59 in error. The amendment relates to the grounds for use when a landlord needs to put a carer into a property. It seeks to ensure that the required flexibility is available where the needs of a cared-for person must be put first.

• 28 Oct 2024 · Housing Supply · Hansard source

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  Certainty for councils is vital for housing delivery, but given the uncertainty created by the Government’s new top-down targets, which will delay the implementation of local plans and therefore planning decisions, how confident are the Government of meeting their housing targets?

• 28 Oct 2024 · Housing Supply · Hansard source

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  In the rush for numbers, we must not ignore the need to ensure that new homes are built to appropriate standards. Given that the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Bethnal Green and Stepney (Rushanara Ali), has been stripped of responsibility for building safety because of conflicts of interest, can Ministers assure the House that the haste for targets will not undermine building safety?

• 23 Oct 2024 · Engagements · Hansard source

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  Q5. Our child protection services have had to deal with a number of cases where parents and carers have argued that their fatal actions were lawful punishment. Will the Deputy Prime Minister bring forward legislation bringing the rest of our country into line with Scotland and Wales, so that all children enjoy unambiguous protection in law against violence?

• 23 Oct 2024 · Rough Sleeping · Hansard source

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  That reinforces my point. We have gone from a situation under the previous Labour Government in which there was no counting at all. There was no serious effort to understand the numbers of people sleeping rough on our streets. As a councillor, I was responsible for some of that period for housing and social care; rough sleeping was one of those major challenges that was simply put in the too-hard-to-deal- with box.

• 23 Oct 2024 · Rough Sleeping · Hansard source

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  It is also striking that the biggest reduction in homelessness in Yorkshire and the Humber has been achieved by North Yorkshire’s Conservative-led unitary authority. Local authorities have been able—through the Homelessness Reduction Act, the use of their various powers and the resources brought to bear on this issue, including the homelessness prevention grant—to deploy those resources efficiently and effectively. I would not wish for this issue to become purely a matter of politics. The matter is over. The fact is that rough sleeping has been an issue over decades; it has been recorded over centuries, not merely the past 14 years.

• 23 Oct 2024 · Rough Sleeping · Hansard source

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  It is a pleasure to serve under your chairmanship again, Sir Christopher, so soon after we were engaged on local government matters yesterday. I congratulate the hon. Member for Ealing Southall (Deirdre Costigan) on bringing forward this debate—I know her constituency well as mine is nearby—and I congratulate Members on their contributions, which have illuminated not just some of the policy and political angles, but the genuine complexity of the rough sleeping issue. The measurement of rough sleeping across the United Kingdom commenced in 2010. The last Conservative Government felt that it was a high priority and, consequently, we moved from a situation under the previous Labour Government in which less than a quarter of local authorities measured the number of people rough sleeping in their area at all, to one where all local authorities were required to use a standard methodology to count the number of rough sleepers and indicate the composition of that population. That measure fed into a number of policy initiatives over those years. We saw a growth in the number of people recorded as rough sleeping on the streets from 2010 to 2017, and then some ups and downs. We saw a reduction from the 2017 peak to the number we see today, with a particularly low figure recorded during the covid pandemic, when the Everyone In policy was rigorously pursued by local authorities across the country. It is clear that this matter is not simply one of political will. We note that, despite the high priority that Labour placed on it in opposition, the highest increases in the number of rough sleepers on the streets were in Labour-led local authorities, and the most effective authorities at reducing the number were Conservative-led. I see some shaking of heads, but Westminster, Camden and Bristol consistently top the list of authorities with the highest numbers of rough sleepers on the streets. We also need to note that around 46% of all the people sleeping rough are in London and the south-east. The hon. Member for Ealing Southall provided a graphic description of what she has seen—one reflected on the streets of our capital, in particular. As other hon. Members have acknowledged, it also reflects a complex set of issues that lead to people sleeping rough. The issue of veterans was a high priority for the previous Government. I have to note the work of the former Member for Plymouth Moor View, Johnny Mercer, in driving forward the so-called Operation FORTITUDE, which set up a direct and guaranteed route out of rough sleeping for any veteran who required it.

• 23 Oct 2024 · Rough Sleeping · Hansard source

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  Given the time constraints, that is the last intervention I will take. I agree with some of the hon. Gentleman’s points. The evidence around Everyone In was positive. The way in which it was carried out by individual local authorities varied enormously because they tend to know their population and situation much better than anybody in Whitehall ever would. The flexibility introduced by the Everyone In policy was carried forward in the rough sleeping action programme and is intended to address the issue much more effectively. Although I do not deny that the statistics show that following the success of Everyone In there has been an increase, and more recently a decrease, in the numbers of people recorded in that rough sleeping snapshot, I would not agree that there has been no attempt to learn lessons. In fact, when we reflect on the debates in which we all participate in Parliament and on non-legislative issues such as the “Ending rough sleeping for good” programme, which was specifically designed to implement the lessons of the Everyone In programme in a more long-term and sustained way, we see no suggestion at all that there was a lack of attention or effort. The question is whether the outcomes fully reflect that. Let us consider what the Opposition’s asks or challenges might be as the Government reflect on the policy going forward. No recourse to public funds was introduced by the last Labour Government following the expansion of the European Union. They decided, ahead of other countries, to increase the numbers of countries from which people could come to the UK under free movement. The decision was taken because that Labour Government had a concern about the public’s perception of people coming to the UK to access benefits. We know that that was not the case. That is simply not a factor, but that was the reason why that last Labour Government introduced that policy. The former Member for West Ham, Lyn Brown, did a huge amount of work on this matter in opposition and the Department for Work and Pensions is now looking at it, partly to consider whether those no recourse to public funds measures, introduced in the 1990s, are still the best fit for the situation today, and also to reflect on the fact that there has been a very large increase in the population of our country during that period. A significant number of people came to our country with no recourse to public funds as part of, for example, working visa conditions. The last Government debated a question that the new Government will now have to consider: whether no recourse to public funds is applied to the extent that it should be and how it should interact effectively with our immigration system. As I have experienced myself, the issue clearly manifests at a local level with people who, for example, have come to the UK to work in an important public sector job or to fulfil vital services. For whatever reason, they have fallen out of that job and are then, because of the no recourse to public funds condition, not able to access benefits. They find themselves in great difficulty. Although from Whitehall’s perspective that should act as a powerful disincentive to staying in the UK, the fact that legislation going back to the National Assistance Act 1948 compels local authorities to provide varying packages of support and, particularly if there are children in the household, to house people, despite the fact that they have a no recourse to public funds condition, creates significant local cost and significant complexity in working through those cases. My asks to the Government are about the continuation of Operation Fortitude and the 3% of rough sleepers calculated to be veterans who have benefited enormously from having access to it. Operation Fortitude is designed specifically for those from a military background who might have found it for whatever reason difficult to access statutory support; it guarantees the provision of accommodation immediately through access to a freephone number or a website, allowing for people’s different circumstances. That important programme was implemented by the previous Member for Plymouth Moor View, Johnny Mercer. If the Government are to continue with it, that is welcome. If they are not, an effective, appropriate and equivalent alternative should be provided. On the rough sleeping initiative, I ask the Government to continue to commit to the funding. The programme is under way and funded until spring next year. It has done a huge amount to support local authorities to bring about the reduction in rough sleeping from the 2017 peak. My ask to the Government is that they either commit to continue the policy of the previous Government or announce an equivalent programme that will bring about the same outcome: bearing down on rough sleeping. Finally, I ask the Government to acknowledge that the rough sleeping snapshot shows an incredibly diverse and variable issue. The Bournemouth, Christchurch and Poole local authority has also reported a significant increase in the number of rough sleepers. Members representing coastal towns, for example, have started to describe that issue, which was previously seen as more of an inner city, urban matter. We need to ensure that we have a good handle on what is happening. When the Minister updates the snapshot and looks at the guidance provided to local authorities about how that snapshot is counted, she should ensure that we build on the effectiveness of the work since 2010 to understand for the first time what is happening with rough sleeping in our country, and try to make it more sophisticated. We need to better capture, for example, rough sleeping households that might include children and are often reluctant to make themselves visible at all to statutory authorities. We need to ensure that women in particular, who may fall outside the snapshot, are captured more effectively in it, and that those under the age of 18 not travelling with adults in a family, but on their own, are better captured. That group are frequently sofa-surfing rather than sleeping rough, but they still have nowhere permanent and safe to go. They are currently not captured by the data because the system is simply not designed to do that. With those asks, I close for the Opposition.

• 23 Oct 2024 · Rough Sleeping · Hansard source

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  It is not an excuse. It is clear when we look at the performance of local authorities in that respect, and in particular in respect of the effectiveness of the many measures introduced following the Homelessness Reduction Act sponsored by my hon. Friend the Member for Harrow East (Bob Blackman), that the authorities that were good at everything demonstrated that they were also good at reducing the number of people who were sleeping rough. Those of a more questionable performance standard, however, did not demonstrate that they could step up to the plate, despite being provided with additional resources. Seeking to make a political point rather glosses over the complexity of the matter, as highlighted by many hon. Members. I will finish my point around veterans. We know, according to the current snapshot, that around 3% of those sleeping rough are thought to be veterans of our armed forces. Providing a specific guarantee, with a freephone number and an online portal, so that accommodation that met their requirements could immediately be found for anybody in that situation, was an important example of how that particular group can be addressed. It is also interesting to reflect that the snapshot data consistently shows that those sleeping rough tend to be older adults aged over 26; that they are overwhelmingly male, although I acknowledge that female rough sleeping is sometimes hidden; and that the numbers recorded are very small—in some years, zero—for people under the age of 18. That goes to the complexity of the issues highlighted by a number of hon. Members. It is not simply a matter of a lack of supply. We know about the complexities around addiction, domestic violence, patterns of previous accommodation by local authorities that have ended with difficulties with landlords, issues of settled status—or lack of it—and immigration circumstances. All those factors contribute to the complex set of reasons that affect an individual who should be able to access help from a local authority. Like many other hon. Members, I have sat through homelessness interviews with constituents who seek that help and accessing it can be incredibly difficult when a number of those complicating factors come together. How is the issue to be tackled? From 2010 to the most recent election, a number of measures were introduced. I refer to the Homelessness Reduction Act, which sought to give both additional duties and powers to local authorities to work with those at serious risk of becoming homeless—not just to prevent rough sleeping but to stop people from being placed in substandard temporary accommodation that did not fully meet the needs of their household. More recently, we saw the introduction of “Ending rough sleeping for good” in 2022, which was a £2.4 billion multi-year programme aimed at bringing to an end, as far as possible, rough sleeping on the streets of our country. Although that was clearly not a matter of law, it was a significant and important Government programme. Many hon. Members participated actively in the debates on that and brought their views to bear on shaping a programme that included the rough sleeping accommodation programme, with an additional 6,000 units of accommodation aimed at bringing people in off the streets. As I move to a conclusion, I will share some reflections on my time in local government. The snapshot is beginning to be taken in a consistent way, so we have a reasonably good idea of at least the trends, if not the detail, of the numbers that may be sleeping rough. One of the challenges, however, is that the snapshot always takes place around the same period in autumn. We know that the numbers of people sleeping rough in our country tend to be higher in the summer when the weather is better and that the numbers decrease as winter comes on. One major factor that the rough sleeping snapshot is not readily able to capture is the availability of temporary accommodation in night shelters and short-term shelters set up, for example, by churches and other charities and voluntary organisations. We know that they are incredibly important for those who have not found assistance for whatever reason in the statutory sector. My local authorities have contracts with local charities that open up those shelters when the weather begins to turn cold; they staff them and provide beds, heating, food and showers. In the spring, those services are unwound, and that means that some of those people are either back on the streets or, if the service is performed as we would hope, they have been found a pathway into a job and into more permanent housing. The consequence of that patchwork provision still means that we do not always have a clear idea of the number of people in that situation because they genuinely have nowhere to go on that occasion; many who may have been booked accommodation by a local authority instead choose, typically because of addiction, to be on the streets with others who share their addiction rather than to use that accommodation. That is frequently cited as a major issue with the operation of the Homelessness Reduction Act. This is a complex issue. The numbers overall in our country are small, and they are declining.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q I have two questions, the first of which concerns the role of the insurance industry in the sector. I am sure that many of us have heard from constituents that most landlords’ insurance requires a prospective tenant to pass a credit check. If the tenant fails, the insurance company will not insure that property if it is rented to that individual. I am interested in the view of your members or participants in your organisations about how that issue impacts the availability of rented properties. Tom Darling: I think you are asking about affordability assessments and the role they play in tenants being able to access rented housing. Is that right?

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q It is not so much about the affordability assessments. When a tenant applies for a property, the agent will usually, as part of the requirements of the landlord’s insurer, put them through a credit check, and if they do not meet the standard that that insurer requires, the insurer will say, “You won’t get insurance if this tenant is occupying the property.” Therefore, that is the end of that discussion. I am interested in the extent to which you have come across that as an issue. Tom Darling: As regards the Bill, we think that those sorts of affordability checks are acceptable, but we think that measures—as you have heard from previous witnesses—that go beyond that can be discriminatory, and often look to punish tenants and discriminate against tenants on the basis of their income. You heard about rent in advance and guarantors. We would like to see a limit to guarantors that says that, if you pass an affordability check, you should not be asked for a guarantor in addition. Ben Twomey: We are in an interesting situation where someone could be working in a key worker or essential worker role but there are parts of the country in which it is unaffordable from them to live. They probably would not be able to pass some of these affordability checks to rent privately. That would be fine if there were other options available, but most private renters cannot afford to become a homeowner if we want to and cannot wait the 10-plus years to access social housing if we need to, so the only option is to find a way into private renting—otherwise we find ourselves in temporary accommodation. There are 150,000 children living in temporary accommodation right now. The Bill needs to go further to try to address that, because it speaks to some of the wider Government ambitions around making work pay. It does not really help us if our income increases but it is taken off us by our landlords before it reaches our pocket. Wider affordability questions, which I am sure we will come to, are relevant to the credit checks and the ability to rent privately.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q If I may pursue that final point, do you have any financial modelling about the impact on the homelessness budget that would derive from the Bill? Ben Twomey: I do not have any with me, but I can take a look at that and write to the Committee.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q This is the second time that Parliament has had a go at reforming renters’ rights. Could you tell us how you feel this Bill is different in what it means for tenants, compared to the previous attempt to reform the rented sector? Tarun Bhakta: First, I would like to thank the Committee for inviting us to give evidence today. To answer your question on how the Bill is different, there are significant changes from the previous version of the Bill. In our view, the previous version was of good intention, but full of aspects that would undermine its core purpose, particularly as the Bill moved forward and changes were introduced, for example to essentially remove periodic tenancies or reintroduce fixed-term tenancies—that minimum period for tenants. Similarly, there were policies with a lot of shortcomings —ideas such as the no re-letting period after landlords evict a tenant. We have seen in Scotland that one in five landlord sale evictions have not ended up in sale, so there is evidence of abuse in the system. It is really important that there are measures to deter landlords from abusing the new section 8 system, and to catch landlords who are dishonestly evicting tenants. The previous Bill included only a three-month no re-letting period, which would have been much too small a deterrent for landlords seeking to abuse the eviction grounds and evict tenants dishonestly. We are really pleased to see changes in this Bill that go significantly further, such as the 12-month no re-letting period. There were measures in the previous Bill that we would call half-baked, particularly when it came to notice periods. We know that the most common type of eviction in the new system will be for landlord sale or for landlords moving in. The previous version of the Bill included just two months’ notice, which would have retained and recreated many of the problems that we see in our current private rented sector, where tenants are faced with short notice and unreasoned evictions. We think many of those are avoidable, but we also know that that short notice is not long enough for renters to find a new place to live. There are really positive changes in this Bill in comparison with the previous version. We think it will go a very long way to addressing the needs, but given that we are so early in the Parliament —we welcome the speed at which the Bill is being implemented—it is still important to view this Bill as a work in progress. In our evidence today, we will pick out two key areas. First, we think the Bill can go further in chapter 3—the discrimination clauses—on improving access to rented homes. Secondly, we think the Government need to take another look at rent increases. Looking at the evidence from tribunal cases, we do not think the current approach in the Bill—to tweak the work of the tribunal, as discussed in the previous panel—will achieve its aim of preventing evictions by the back door, or economic evictions, as they have been called. We think that the evidence that we have heard today on the tribunal today shows that we need to go further there. Tom MacInnes: We would agree with quite a lot of that. The Bill does improve the position for renters. We agree with the changes around re-letting, but we would say that that is probably only as strong as the enforcement, so we would be interested in looking at that further. We also welcome the longer notice period and the stronger rules on discrimination against families and those receiving benefits. Those are definitely things that we think are improvements. We may come on to this, but there are other areas in which we might be looking for a couple of improvements. In particular, there was some discussion earlier around the portal and the use of the portal. We think that it could be used for better establishing what the market rent was in an area. If you are talking about in-tenancy rent rises, is that possibly a place where you could agree what actual rents were, rather than past rents? There could be something useful there, but broadly speaking it is a step in the right direction.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q That is helpful, and it leads me to my next point, which is about the evidence you gave to the Levelling Up, Housing and Communities Committee stressing the need for there to be clarity of jurisdiction. Does this Bill provide that clarity? If not, what improvements need to be made to ensure that clarity is there? Richard Blakeway: The Bill is obviously quite comprehensive and will make a significant difference as a piece of legislation, but a considerable amount of information will be set out in statutory instruments after the Bill. There are, then, some answers in the Bill and some that will come in future regulations. Your point about the clarity of jurisdiction between an ombudsman and other actors is fundamental. One of the most important elements to clarify the role of the ombudsman service will be the ombudsman’s scheme. Clause 63 sets out requirements around what should be in the scheme—what must be in the scheme and what could be in the scheme. I would probably encourage there to be more in the choices for Ministers as to what could be in the scheme than in the list of what must be in the scheme, because there will need to be agility, as the ombudsman—whoever is appointed as the ombudsman service—and the other actors start to come together. The importance of clarity is obviously for individuals to know what route to take if they are seeking redress, and it is also important to make sure that there is real coherence in terms of raising standards and promoting good practice in the rental sector. I can give a specific example where I think there would be nuance between the ombudsman service and the tribunal, which is around changes to rent. If a section 13 notice were issued, the decision on the rent would be a matter for the courts, and the Bill seeks to change the role of the courts, or the tribunal, in relation to that. But we or whoever was appointed as the ombudsman service could potentially play a role to decide whether a fair process had been gone through rather than the actual level of the rent. That is very similar to what we have today on the social rented sector and service charges, and our role as an ombudsman in the social rented sector and the role of the tribunal.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q May I ask about the role that the landlord insurance industry plays, particularly in the context of people being able or unable to access accommodation? Reflecting a question put to an earlier witness—if a landlord is insured and the insurer says that to rent the property to the tenant they have to meet a certain standard of credit check, and that that has to be done or they will not insure them if the property is rented to that tenant—do you have a view on how the Bill might address that issue? Richard Blakeway: That was not the first question I was expecting, but thank you very much. One of the requirements the Bill introduces is for landlords to be on the landlord database, with the checks required on that database, and then for them to join the ombudsman service. Whether or not there is a requirement around that as part of the criteria to be eligible to let properties is a consideration, and then that depends on whether or not they would join the ombudsman service. In terms of the decisions that any ombudsman in the future might make, if there were issues around insurance—typically those are matters that tend to sit with the courts—or a landlord not facilitating claims around insurance, there might be an issue around whether or not insurance is in place, and that might be something that we then highlight in our decisions, which might be information we should share with the lead enforcement agency under the duty set out in clause 109. You may feel I have not fully answered your question.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  indicated assent. Tarun Bhakta: It has long been our call that the Bill should specify and set a higher threshold and make that clear, particularly for the landlord sale and the landlord moving in eviction grounds. We also think that the Bill should introduce a post-eviction proceeding. There are two really important parts to establishing that clarity in the Bill. First, tenants and landlords need absolute clarity about what constitutes a legitimate eviction. We see through our legal services that the decision on whether to challenge an eviction notice in court is an incredibly complex and difficult one for tenants to make. The process of going through the courts to challenge an eviction is time-consuming, costly and very stressful for tenants, so it is about setting out that clarity, particularly in those landlord sale and landlord moving in eviction grounds. Making that threshold clear would provide clarity for tenants to help to make that decision. We believe that that would also have the effect of supporting tenants to understand where an eviction is legitimate and prevent some of those cases from making it to court. Secondly, the current wording in the Bill is very open. It goes further in Scotland, in our view, and although it is all very well being confident in setting guidance for the courts and hoping that the judges make the right decision in court, tenants need that clarity before we reach the court stage. Also, judges do need some steer; we see some inconsistency in cases between judges, and it is not the case that they will all interpret the law in exactly the same way, so setting that clarity in the legislation is important. We cannot have a situation in which the landlord states that they intend to sell the property and that is case closed: we need more clarity than that.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q I want to ask you briefly about the enforcement regime. It is envisaged that local authorities will be the key enforcers of new rules and regulations. What is your view about the capacity for that and how it should be resourced? Tom Darling: We think that local authorities should be funded on a per privately rented property basis. We have heard that the Government will set out new burdens funding, but we think that the funding should be allocated according to the size of the private rented sector in that area. I want to be really clear that we support selective licensing and would like to see it enhanced and deepened alongside the new database, and we think that a number of changes made by previous Administrations to the way selective licensing worked made it harder for local authorities to apply for selective licensing schemes. There are some straightforward changes that this Government could make: removing the Secretary of State’s veto over the schemes; allowing local authorities to refer to housing conditions when they are applying for selective licensing; and extending the schemes from five years to 10 years. We think that would work well alongside the database and not in lieu of the database. Ben Twomey: If I could take the resourcing point and slightly widen it, there was a cost of £1.7 billion in the last year to local authorities for temporary accommodation —for housing people who are no longer in their homes. This Bill will end section 21, which is really welcome, because that is the leading cause of homelessness and ending it will hopefully make some savings for local authorities, as well as bring enormous benefits for tenants, who will be better protected. There is also a Government cost of local housing allowance, which has been in the billions in the last few years. That is to give benefits to people so that they can afford to privately rent. This Bill could go further with affordability not only to protect people in their own homes but to make the Government change the way they resource the support they provide for people in their homes—moving some of that burden of cost away from the need to pay so much for private renting and towards a better-regulated market, which would put limits on the ability of landlords to raise rents.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q Mr Beadle, reflecting on what you said in respect of the right of the tenant to challenge rent increases, it seems to me, as drafted, that the consequence is that a tenant will always challenge the rent increase, because the worst possible outcome is that they defer having to pay the higher rent until they get the hearing, and the best outcome is that there is no increase. Is that the view of your members? Ben Beadle: Yes. Straightforwardly, yes it is. Landlords will have to act differently under section 13. I would encourage landlords to speak with their tenants. No one wants to get a section 13 notice through their door as a surprise, so landlords do need to have some soft skills about them and have a sensible chat with their tenants, but yes is the straightforward answer.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q May I pursue a couple of points, Mr Bhakta, on the difference between things set out in legislation and the use of guidance? I know that you gave evidence previously on this issue, which has come up not just in the context of this Bill. Could you draw the Committee’s attention to your views about how that has an impact in the real world and how it would most effectively be addressed, given the complexity and, sometimes, the timing and flexibility of some of the issues that that is designed to address? Tarun Bhakta: Yes, I think so. I think you might be referring to talking about the evidence requirements on eviction grounds.

• 22 Oct 2024 · Renters' Rights Bill (First sitting) · Hansard source

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  Q Thank you. May I pursue that last point a little further? One of the issues that has been raised in the evidence so far is about the tenant’s right to challenge rent increases. It is helpful that you have introduced the point about service charges. Clearly, one of the options for a landlord who cannot get the money through a rent increase is to look to secure it through a service charge increase instead. How would you see the current set-up and the set-up proposed by the Bill addressing that kind of issue? Richard Blakeway: If you look at our current powers, role and approach around charges, we are very clear that we will consider transparency around why those charges are being made and their purpose, we will consider whether the service has been provided and the quality of that service, and we will consider whether an appropriate process was gone through. For example, at the moment we would consider section 20, where significant charges have to go through a process, and ask whether that process was followed. Those are decisions that we make and we can therefore very clearly consider what the requirements are, either set out in statute or under the provider’s own policy. That is the basis on which we would make a judgment. I think that is a parallel that is relevant in your example in this space. Clearly, if we were seeing evidence that another mechanism was being used to increase the charges on a tenant and that was unclear and potentially unjustified, that could be a point of maladministration where we would uphold a complaint.

• 22 Oct 2024 · Renters' Rights Bill (Second sitting) · Hansard source

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  Q You froze for a moment there. We missed about the last 20 seconds. Cllr Adam Hug: Apologies; I was just saying that the biggest area of concern about our homelessness duties is ensuring that the increased costs to councils of providing the additional prevention duty over the length of time for which the section 8 notices are going through the court are properly captured. That, on the interaction with housing, is the area we are most concerned about, but it is all perfectly solvable.