I congratulate my worthy successor as chairman of the Local Government Association on disabusing his colleague of the notion I referred to—that the taxpayer is funding council housing and subsidising people who should not be subsidised. It is simply not true, and I am very glad that the noble Lord, Lord Porter, made that point.
I and all on our Benches support the amendments in the names of the noble Lord, Lord Kerslake, and of my noble friend Lady Lister. I also endorse the comments of the noble Lord, Lord Shipley. He made the valuable point that we talk too much of “houses”, or, as I think Churchill once described them, “units of accommodation”—not, he thought, an appropriate phrase—but we ought to regard them as homes. In that context I remind the noble Lord, and other noble Lords, that homes with a spare room are also homes. They, of course, are subject to the bedroom tax. We do not want to reopen that debate, but it is analogous, really, to the way in which the Government look at social housing.
The Bill’s provisions about secure tenancies—in effect turning them into insecure tenancies—say a great deal about the Government’s professions of localism and their attitude to council housing. As other noble Lords said, councils were given the power by the previous Government to allocate properties on the basis of a two-year to five-year tenancy. I shall come back to some findings on that in due course, but they currently have that choice.
We take a diametrically opposite view from the Government, who simply replace the decision-making of local authorities by imposing their own solution. Local authorities should be free to determine their policies in this and other areas, subject to a requirement to provide, where relevant, at the least a basic level of service and entitlement, whatever the service may be. The Government approach the issue from the other end: councils should do only what the Government condescend to allow them to do. When it is convenient for the Government to pass the buck—as, for example, in the case of abolishing the council tax support
scheme—they will do so, but when councils do not wish to subscribe to the Government’s distaste for the provision of council housing they have to conform.
Heriot-Watt University recently published an interesting study under the somewhat daunting title Welfare Conditionality—Sanctions, Support and Behaviour Change, dealing with the issue of fixed-term tenancies as provided by Clause 113 of the Bill. These have, as we have heard, been an option for local councils since the Localism Act 2011—a misleading title if ever there was one. Now they are to be compulsory, subject to the possibility of extension, on any future tenancy. The report avers that, taken together with pay to stay, the Government’s vision is one of,
“catering … for the very poorest on a temporary basis”.
Many councils that adopted the concept of two-year to five-year lets are regarded as being “disillusioned about their merits”, not least with regard to,
“the scope for using them to generate additional social lettings in high demand areas”,
and there is scepticism about the use of the mechanism to promote social mobility or positive tenant conduct. There is a suggestion that behaviour policy lay partly behind the scheme, so you would reward people by allowing them to stay in the property beyond two to five years if their behaviour was appropriate.
The latter point has been a factor in the promotion of the concept, but one for which there is little evidential support, the Heriot-Watt report says. Several academic authorities are quoted, on the other hand, as supporting the view that security of tenure has been an essential element of social housing. Yet this is already threatened by the total benefit cap for families with more than two children, who could find even social housing rents unaffordable. In any case, some two-thirds of all social housing, council and housing association properties are offered with a probationary period, but only 13% of new general-needs lettings were made on a fixed term basis in 2014-15. Interestingly, the advice from the Department for Communities and Local Government was originally to let for five years, with a two-year term as an exceptional alternative. Indeed, most local authorities that have taken advantage of that option have let for three to five years—the latter in effect now becoming the maximum, rather than the minimum, term under the Bill’s provisions.
Even where housing associations adopted the option, the report discovers growing disillusionment—especially where, as in high-demand areas like London, shortage of housing makes finding alternative accommodation exceedingly difficult—while the costs of managing the process were becoming disproportionately high. Those costs, of course, have to be met from within the housing revenue account and therefore by tenants in general. Conversely, there are areas of lower demand where it simply makes no sense to make people move on. Of course, the impact on householders and on communities can be considerable. Why should tenants invest in their homes if they have only limited tenure? Where, given the shrinking availability of affordable social housing to rent, are they supposed to go? If to the private rented sector, at what cost to them or the taxpayer if housing benefit has to be paid to cover the higher rents? Does not such pressure also feed through to ever-rising house prices?
The amendments in this group seek to minimise the damage to what has been a key contributor to the well-being of individuals, families and communities, namely the provision of decent, affordable, secure homes—as legitimate a part of overall housing provision as owner-occupation. Of course, as many other countries, not least in Europe, demonstrate, we have among the highest rates of home ownership of any country in Europe. Choice should not be confined to those who can afford—with or without generous subsidies, in the case of starter homes—to buy, but should be available to those who cannot afford it or who do not wish to buy. They are not second-class citizens. The Government should recognise that in the provisions they make in the context of tenancies in the social housing sector.
7 pm