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

I am grateful for the welcome for the order. I will answer such questions as I can and, on those that I cannot, I will write to the noble Lord. He asked, first, whether tolerated trespassers can vote. No, not in a stock transfer ballot; no, not while they are tolerated trespassers. If the order grants them tenancy status, should there be another stock transfer they will certainly be able to vote. He also asked how they know that they are tolerated trespassers. That is part of the problem. Many do not know until an incident such as I described occurs, which makes it clear that they have no rights. They have drifted into a state of limbo with no one informing them. They have gone on paying their rent and have been able to stay in their home and the agreement has been concluded with the landlord without them understanding or being told that there has been a change of status. That is an unfortunate situation. The numbers that were true up to 2007 are probably still broadly accurate. The range of tolerated trespassers as a whole, including the band of trespassers who come into our framework because the landlord has changed, is in the region of 250,000 or 300,000. We have no reason on the evidence to think that that has increased very much; I think that that is certainly true of the smaller group within that number. On the language, I agree with noble Lords that "tolerated trespasser" is an unfortunate and aggressive term. It has been coined by the courts and has a negative connotation. The noble Baroness is right to point out the oxymoronic quality. I can say only that it is a commonly understood term, although the way in which I have described it does not make it sound as if it is. But it is common currency. However, when we make this change, I hope that we will not come across it again with any frequency. Consultation was a very important part of the exercise. The response rate to the consultation was very low—in double figures—but within it we captured all the people who were representative of the key bodies and stakeholders. Because the RSLs and the local authorities are the key organisations that are affected, we were able to consult them fully and to get a proper response from organisations such as Shelter that speak on behalf of tenants. The consultation exercise was robust and we got a good spread. It is probably worth quoting Shelter, which said: ""The effective abolition of the tolerated trespasser achieved by Schedule 11, together with the creation of new tenancies for existing tolerated trespassers, will ensure that the law is no longer tainted by the irrational consequences of this doctrine"." Certainly, Shelter is extremely content with what the order achieves. I find myself a bit surprised that I have answered most of the questions raised by noble Lords. If I find that I have not answered any when I read Hansard tomorrow, I will do so in writing. Motion agreed.