Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009

I thank the Minister for explaining as succinctly as she could this rather complicated situation. Indeed, as the noble Lord, Lord Bates, has just said, the name "tolerated trespasser" is extremely odd. He also mentioned the House of Lords judgment on Knowsley Housing Trust v White. What was interesting was that the noble and learned Lord, Lord Neuberger, referred at the time to the tolerated trespasser status as being "conceptually peculiar, even oxymoronic". It certainly is very strange. In a way it illustrates the muddle that we have got into in housing over tenancies and the loss of tenancy status. This has been made much more complicated by the number of stock transfers that have taken place over recent years. As has been said, my noble friend Lady Hamwee, who is working on another Bill today and cannot be here, raised this issue at the Report stage of the Housing and Regeneration Bill. At the time, the Government said that they would prefer to bring in the change through an order, giving time for consultation. Obviously, one cannot object to consultation but, like the noble Lord, Lord Bates, I think that it would be interesting to hear a little more about what people said in the consultation. Clearly, there is consensus that this is a good idea. Over the years, ideas about tenancies and who runs public housing have led us to the situation that we find in the order. I do not know, but I would not mind betting that at some time, someone, even before my noble friend, pointed out the difficulties that stock transfer could lead to in relation to what we now call tolerated trespassers. As a member of the Merits of Statutory Instruments Committee, I have become aware that a great deal of extra bureaucracy is created—especially through unintended consequences—because not enough care is taken in primary legislation. I took the trouble to look back at the notes of the Merits of Statutory Instruments Committee when the order came through. They stated: ""The problems caused by the legal consequences—or in some cases by uncertainty as to the consequences—where ex-tenants continue to live in their homes, have been an unintended result of the protection of tenants under the 1985 and 1988 Acts"." It is important that, when primary legislation is being drawn up, there is extra vigilance to try where possible to avoid unintended consequences, because that is why we are here today. As I said, the order remedies problems for both tenants and landlords. It is almost universally welcomed. Let us hope that there will be no more unintended consequences. I look forward to hearing what the Minister has to say about the consultation and to reading the guidance, some of which may also come through the Merits of Statutory Instruments Committee.