Localism Bill

My Lords, on behalf my noble friend Lord Patel of Bradford, I beg leave to move Amendment 170CM and speak to other amendments in the group. The Opposition have considerable concerns with this section of the Bill as presently drafted, and we hope the Government will be disposed to accept a number of the amendments that have been tabled by noble Lords. Local authorities will no longer be required to maintain open lists for persons seeking housing assistance. Instead, they will be able to impose qualifying requirements for applicants. They will also be able to discharge their housing duty by securing an offer in the private rented sector. Existing tenants seeking a transfer will no longer be required to go through the local authority allocation scheme. As currently drafted, the legislation could lead to existing tenants with reasonable preference in England being disqualified from seeking a transfer under Part 6 of the Housing Act 1996, the only route to which such tenants may transfer according to Clause 126 of the Bill. For example, if Mr A had been a tenant for two years, having moved to the area shortly prior to his tenancy starting, and a local housing authority then introduced a new local connection rule stating that applicants must prove local links to the area going back at least five years to qualify for housing, then Mr A could find himself trapped in unsuitable accommodation and unable to transfer or apply for other areas with similar long-term local connection requirements. This would be the case even if he were willing to downsize to a similar home and free up much-needed family accommodation for another household. This amendment, adding a new subsection to new Section 160ZA, would ensure that whatever qualifying criteria local housing authorities apply to new applicants, existing tenants with reasonable preference would be deemed to be qualifying by default. Existing tenants without reasonable preference are being taken out of the allocation scheme under Clause 126 of the Bill so will be able to transfer without competing against households with more urgent needs, and would therefore already be protected from this potential trap. It should be noted that the amendment would lead to existing tenants qualifying for housing even if they were guilty of serious unacceptable behaviour. However, it would be straightforward for local housing authorities to design their transfer policies in a way that would prevent tenants with good behaviour losing out as a result of this important protection. I move to other amendments in the group. Clauses 129 and 130 will enable local authorities to discharge their homelessness duty by placing people in the private rented sector without due regard for the wishes of homeless applicants. At Commons Third Reading the Minister, Andrew Stunell MP, said: "““I recognise that there are some concerns and I am prepared to consider further the need for additional protections for homeless households placed in the private rented sector””.—[Official Report, Commons, 18/5/11; col. 408.]" Homeless households should continue to have a choice of whether a private rented sector tenancy is appropriate for them. If this choice were removed, vulnerable homeless households, who may most need the stability of a social home, are unlikely to be in a good position to advocate for themselves. This may result in local authorities discharging their duty into the private rented sector, whether or not this is the best option for the household concerned, particularly in areas of high housing demand. Amendments supported by Crisis were tabled in the Commons in Committee to introduce a two-stage discharge of the homelessness duty to the private rented sector, strengthening the duty to help homeless people not in priority need, to require local authorities to discharge the duty only to accredited landlords, and to ensure that any property a homeless household is placed in is affordable. Despite the fact that large numbers of vulnerable households are being placed in private rented accommodation, often at a considerable cost to the taxpayer, there remains very little assurance of standards in the sector. A number of local authorities have raised concerns about the standard and suitability of some private rented sector accommodation. They feel that some form of protection should be put in place to ensure that the properties are of good enough quality to meet the needs of their clients. As homeless households are likely to be offered accommodation in the cheapest third of the private rented sector, there is a risk that they will be placed with private landlords who are wholly unsuitable to be letting homes to vulnerable people. In the past, this included landlords who have consistently breached housing legislation and undertaken other forms of unlawful practices. Research by Shelter—the summary of its survey of environmental health officers—found that 47 per cent of respondents had encountered examples of landlords engaging in the harassment of illegal eviction, or both, of tenants, and 99 per cent of respondents had come across landlords who persistently refused to maintain their property in a safe condition. Moreover, 36 per cent of respondents said they frequently came across such cases. Private rented accommodation is often of poor quality; according to the English Housing Survey, 40 per cent of private tenants live in non-decent homes, compared with 23 per cent of social tenants and 29 per cent of owner occupiers. As I said at the start of my remarks, the Opposition have considerable concerns about this part of the Bill as presently drafted. We hope that the Government will listen carefully to your Lordships’ House and accept a number of the amendments, or indicate that they have heard the concerns, take them away, reflect on them over the summer and bring amendments back on Report.