Matthew Pennycook MP: speeches

Speeches

• 20 Jan 2025 · Leasehold Reform · Hansard source

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  We are determined to end the injustice of fleecehold entirely, and we will consult next year on legislative and policy options to reduce the prevalence of such arrangements. We remain committed to protecting residential freeholders on existing estates from unfair charges. Similar to my previous answers, we need to implement the 2024 Act’s new consumer protection provisions and bring those measures into force as quickly as possible. That is our intention.

• 20 Jan 2025 · Leasehold Reform · Hansard source

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  I sympathise with the plight of my hon. Friend’s constituents. With regard to service charges in particular, we know that opaque and unaffordable charges are putting leaseholders and tenants across the country under immense strain. The Government are committed to improving service charge transparency and making it easier to challenge unreasonable increases. In the coming months, we intend to consult on how the provisions in the Leasehold and Freehold Reform Act 2024 relating to service charges and legal costs should be enacted, with a view to bringing those measures into force as quickly as possible thereafter.

• 20 Jan 2025 · Leasehold Reform · Hansard source

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  We are very much aware that some managing agents provide a very poor quality of service to people like Tom and leaseholders across the country. Managing agents play a key role in the maintenance of multi-occupancy buildings and freehold estates, and their importance will only grow as we transition towards a commonhold future. As such, we have made it clear that we will strengthen the regulation of managing agents to drive up the standard of their service, and we are considering carefully the recommendations made in Lord Best’s 2019 report on regulating the property agent sector.

• 20 Jan 2025 · Leasehold Reform · Hansard source

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  By the end of this Parliament, this Labour Government will have finally brought the feudal leasehold system to an end. On 21 November, I made a detailed written ministerial statement setting out how the Government intend to honour that manifesto commitment, including the steps we will take to implement reforms to the system already in statute.

• 17 Jan 2025 · Green Belt: Basildon and Billericay · Hansard source

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  I start by congratulating the right hon. Member for Basildon and Billericay (Mr Holden) on securing this important debate on the green belt in his constituency. While I disagree with many of the views he has just set out, I acknowledge the strength of feeling, and in particular his views on the emerging Basildon local plan. As the right hon. Gentleman is aware, this Government take a “brownfield first” approach to development. To that end, we made targeted changes to the national planning policy framework in December to place even stronger emphasis on the value of brownfield redevelopment, and to clarify that proposals for development on such land should be approved unless substantial harm would be caused by them. With a view to informing future policy development, we also published a brownfield passport planning reform working paper in September, setting out a series of proposals designed to prioritise and fast-track building on previously developed urban land wherever possible. None the less, we know that there are simply not enough sites on brownfield registers across the country to deliver the volume of homes that we need each year, let alone sites that are viable and in the right location. That is why, in our first month in office, we consulted on a new approach to the green belt to support local planning authorities that face acute housing and development pressures in meeting their needs. I reiterate that the Government attach great importance to green belts and remain committed to preserving them. Green belts have served England’s towns and cities well over many decades, not least by checking the unrestricted sprawl of large built-up areas and preventing neighbouring towns from merging into one another. The Government have not changed the five purposes of the green belt set out in paragraph 143 of the national planning policy framework, and do not propose to alter its general extent. Instead, our reforms provide for a more strategic approach to green belt land designation and release, allowing us to move away from the previous Government’s approach to the green belt, which was to allow land within it to be released regularly, in a haphazard manner, and often for speculative development that did not meet local housing need. As a result of our changes to national planning policy, local authorities must take a sequential approach to releasing land to meet their housing need: brownfield first, followed by low-quality land in the green belt, and only then higher-performing land. To identify low-performing sites, we have incorporated into the NPPF a definition of grey belt land that reflects the fact that there are areas currently designated as green belt that contribute little to it by way of aesthetic, public access or ecological value. To ensure that local authorities are well equipped and supported to implement our policy changes, we will provide grant funding totalling £14.8 million to support authorities with green belt reviews, and we intend to provide further guidance in the near future to support a consistent approach across the country to grey belt designation. I was interested to hear the right hon. Gentleman say that his local authority is identifying swathes of grey belt land, given that we only published our precise definition of grey belt land on 12 December. I shall be interested to hear how Basildon council is progressing its green belt view based on that definition. Because the Government recognise the public value provided by the green belt, we have ensured that where major development involving the provision of housing is proposed on land released from it through plan preparation or review, or on green belt sites subject to a planning application, it will be subject to new “golden rules”, ensuring the delivery of high levels of affordable housing; the provision of new, or improvements to existing, green spaces that are accessible to the public; and, importantly—I noted the right hon. Gentleman’s comments on the subject—the making of necessary improvements to local or national infrastructure.

• 17 Jan 2025 · Green Belt: Basildon and Billericay · Hansard source

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  I recognise the right hon. Gentleman’s point. That will depend, of course, on the state of the local plan and what point it is at—whether it is at regulation 18 or 19—and where it is moving forward, but I recognise the point about interaction of the local plan development process with the proposals set out in the English devolution White Paper. There is also a related concern, which I have spoken to the right hon. Gentleman about on a previous occasion: the Government are very clear that we want to see universal coverage of strategic planning across the country, and we will be asking sub-regions across the country to come together to produce spatial development strategies. That may address concerns in his part of the country and others by ensuring that they consider whether cross-border co-operation might ensure that housing growth happens in a planned and more sensible way, rather than every local authority attempting to meet its need within its own confines. The right hon. Gentleman will know that this Government inherited what I consider to be a frankly appalling situation in which less than a third of local planning authorities have an up-to-date local development plan. That is not a sustainable basis for a plan-led system, and that is why we have set out an expectation that every local planning authority must have a local plan. I appreciate that the right hon. Gentleman’s involvement in the affairs of Basildon council is a relatively recent development, but he will know that some of the pressures of unplanned development that the authority is experiencing will be because the current local plan was adopted in 1998, making the authority one of a very small number without a Planning and Compulsory Purchase Act 2004 plan in place. That reinforces the point that getting a local plan in place is the most effective protection against speculative development. Where plans are not up to date, or where local planning authorities are not delivering the homes that their communities need, it is right that development can come forward from outside the plan, but we want to see more plan-led development across the country. The new council leadership has acted to address the failures of its predecessors by bringing forward a new local plan. I have registered the right hon. Gentleman’s views about it. Local residents will obviously, through consultation, be able to feed in their own views about that emerging local plan, but we think it is important that it comes forward, whatever form it finally emerges in. It is a sad reflection of the predecessors in that authority that the previous Government had to intervene to ensure a new local plan timetable was produced in December 2023. As the council continues to work on the emerging plan, we expect it to explore all options to deliver its housing targets, including maximising the use of brownfield land; considering the densification of sites, where appropriate; working with neighbouring authorities, as I said, as we move towards that emerging universal strategic plan coverage; and, where necessary, having considered fully all other reasonable options for meeting its identified development needs, reviewing its green belt. To conclude, I thank the right hon. Member for Basildon and Billericay for bringing this important matter to the House. I note the concerns that he and the right hon. Member for Rayleigh and Wickford have raised, and I look forward to engaging with him further on how best we can meet housing need in full in his constituency. Question put and agreed to.

• 17 Jan 2025 · Green Belt: Basildon and Billericay · Hansard source

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  I assure the right hon. Gentleman that I have heard the point he has made. He will understand that given the quasi-judicial nature of the planning system, I cannot comment on the specifics of an individual local authority’s plan, but he has put his point on the record regarding health provision in the area. When it comes to affordable housing, our new golden rules will require a 15 percentage point premium on top of existing requirements, up to a maximum of 50%. No site-specific viability assessments will be permitted until we have strengthened national planning guidance on viability, in which we will consider the case for permitting viability negotiations on previously developed land and larger strategic sites that are likely to carry greater infrastructure costs. We have also ensured that the sustainability of sites must be prioritised. No one wants to see isolated and disconnected development, which is why our policy asks authorities to pay particular attention to transport connections when considering whether grey belt is sustainably located. I want to make it clear that while our reforms will help deliver the homes and development that this country so desperately needs, they will not come at the expense of the natural environment or rural communities. We are maintaining the existing strong protections in the national planning policy framework for the best and most versatile agricultural land—the land most important for food production—and we have preserved protections for high-quality green-belt land and land safeguarded for environmental reasons, such as national landscapes. Alongside those protections, we are ensuring that green-belt developments deliver more accessible green space and support nature recovery. As the right hon. Member for Basildon and Billericay knows, to support the Government’s plan-for-change milestone of building 1.5 million new homes this Parliament, we introduced a new standard method for assessing local housing need. We recognise that as a result, some areas of the country will see their targets raised. That includes London and the south-east; the numbers we consulted on back in July were raised partly in response to concerns expressed through the consultation about the lack of responsiveness to affordability. Many areas will see their targets raised, and on 12 December, we raised London’s target from the number we had consulted on. However, the acute and entrenched nature of the housing crisis in England demands that we take steps to significantly increase the supply of homes of all tenures, and all parts of the country, including Basildon and Billericay, need to play their part. Before I conclude, I will touch on the importance of up-to-date local plans. As I have just made clear to the right hon. Member for Rayleigh and Wickford, due to the Secretary of State’s quasi-judicial role, I cannot comment on specifics. However, I will take the opportunity to underline that having up-to-date local plans is the best way for local communities to shape development in their area, deliver housing that meets the needs of their communities, and ensure the provision of supporting infrastructure in a sustainable manner.

• 17 Jan 2025 · Green Belt: Basildon and Billericay · Hansard source

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  I thank the right hon. Gentleman for that intervention, and I note his concerns about hospital capacity in the area. My colleagues in the Department of Health and Social Care will also have registered those comments. We are working closely with colleagues across Government to bring forward the necessary infrastructure, whether it be health or educational provision. It is for local authorities in the first instance, through the development of up-to-date local plans, to address the needs and opportunities in their area in relation to infrastructure, and—as planning policy guidance makes very clear—to bring forward infrastructure funding statements setting out what local infrastructure is needed and how it should be funded, including through the contributions made by developers.

• 17 Jan 2025 · New Homes (Solar Generation) Bill · Hansard source

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  As I said, we will set out further details on the new standards in the not-too-distant future. I reiterate my thanks to the hon. Member for Cheltenham for introducing this commendable Bill. Although the Government cannot support it for the reasons that I have given, we very much agree with the sentiment and ambition that have motivated it, and I recognise and appreciate all the dedicated work that I know he has put into it. For that reason, and assuming that he is willing, I would very much welcome an ongoing dialogue with him as the Government progress our work on the new standards, so that he has an opportunity to build on the important contribution that he has made in introducing this legislation, and to work closely with me and my officials prior to the introduction of our legislation so that his work and the views he has developed are properly incorporated and taken into account. On that basis, and given the widespread consensus on the objectives of the Bill, I hope that he will not seek to divide the House on its Second Reading.

• 17 Jan 2025 · New Homes (Solar Generation) Bill · Hansard source

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  My hon. Friend makes a good point. I am afraid that the time to go into it is not available to me, but I would mention the Government’s intention to revise viability guidance this year to strengthen the section 106 developer contributions system rather than implementing the infrastructure levy that the previous Government devised. In lots of different respects, this Government are absolutely ensuring that developers are held to the commitments they make, and, as she will know, we gave significant weight to the benefits of renewable and low-carbon energy proposals more generally in the NPPF. As I was saying, maintaining consistency with the established direction of travel is vital. There is a history of environmental standards being committed to and then withdrawn by previous Governments, which has understandably left industry reluctant to invest in preparing for new standards. However, since its announcement in 2019, the future homes standard has become a world-recognised framework, giving industry time to develop the necessary supply chains, skills and construction practices, and many developers are already building to higher standards in anticipation of its roll-out. Introducing conflicting legislation at this stage could create significant confusion and risks reversing the confidence and momentum that we have worked hard to establish. Let me reassure the House that it is our firm intention to legislate for future standards later this year, as I have made clear, and to increase rooftop solar deployment significantly as a result. I understand that hon. Members and industry will need more details about what the standards will entail before they can arrive at a judgment as to their efficacy. Although we need to take the necessary time to get that right, my intention is to set out further details as soon as I am able—in the not-too-distant future, I hope.

• 17 Jan 2025 · New Homes (Solar Generation) Bill · Hansard source

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  The hon. Lady makes a fair challenge, but the Government do not intend to proceed on the basis of primary legislation. She might find that the primary legislation route is ultimately slower than the way in which we intend to introduce the future standards later this year. Speed is absolutely an issue we are grappling with, but I gently challenge the idea that this private Member’s Bill is the fastest way to proceed, even leaving aside the points I have raised, which I do not consider to be minor or technical. In contrast, the future homes standards consultation sets out two options for transitional arrangements, which we believe are far more robust. The first option involves a six-month period between the laying date of the regulations and the regulations coming into force. The second option involves a period of up to 12 months. That approach to transition will ensure that as many homes as possible are required to meet the new standards in a way that is structured and achievable. It is our responsibility to ensure that the standards we set for new homes are ambitious, but also technically feasible and deliverable, as I have said. For the reasons I have set out, and others that I have not covered today, we believe that forthcoming future standards, developed as a clear and coherent response to the 2023 consultation, are a more appropriate and arguably faster means of achieving the Bill’s aims, which we fully share with the hon. Member for Cheltenham.

• 17 Jan 2025 · New Homes (Solar Generation) Bill · Hansard source

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  Let me start by sincerely thanking the hon. Member for Cheltenham (Max Wilkinson) for introducing the Bill, for the constructive spirit in which he has engaged with me on it, and for his laudable efforts outside the Chamber—including his efforts as a local councillor, before coming to this place—to promote the further growth of solar power. I know it is a cause that he cares about, and his passion and commitment were evident in his opening remarks. I also thank all the other Members who have spoken this morning for their thoughtful and well-informed contributions. It has been a wide-ranging debate and the quality has been high—although the same cannot be said, I am afraid, for many of the puns that have been made throughout. The Government are extremely sympathetic to the intention behind the Bill, namely to significantly boost the deployment of rooftop solar. That aim is clearly shared widely across the House, and for good reason. Self-generation and consumption through solar PV panels not only decreases emissions and delivers bill savings for householders, but provides security from fluctuations in wholesale electricity prices. As solar technology becomes more efficient and affordable, installing panels during construction is increasingly more cost-effective than retrofitting, a point that many Members touched on. The Government are, therefore, in complete agreement with the hon. Gentleman that solar energy has an integral role to play in improving the energy efficiency and reducing the carbon emissions of new homes. However, we cannot support the Bill today. That is because the Government already intend to amend building regulations later this year as part of the introduction of future standards that will set more ambitious energy efficiency and carbon emissions requirements for new homes. The new standards will ensure that all new homes are future-proof, with low-carbon heating and very high-quality building fabric. Not only will they help us to deliver our commitment to reach net-zero emissions by 2050, but they will reduce bills, tackle fuel poverty, grow skills, foster diverse job markets and make Britain energy secure. Let me make this absolutely clear to the House and to those watching our proceedings: solar energy will have an extremely important role to play in these standards. The Government’s reservations about the Bill are not related to its objective; rather, they stem from recognition that the regulatory landscape being dealt with is incredibly complex and that we must take great care to get the technical detail right. My officials and I are working to develop the technical detail of the solar standards we intend to implement, with a view to ensuring that they are both ambitious and achievable. Our concern is that passing primary legislation that does not strike that balance correctly could have adverse effects, including on housing supply, the construction industry and local authorities. Although the Bill is not inherently flawed, we are not convinced that it is the most appropriate means of proceeding, for reasons I shall set out shortly. None the less, the hon. Member for Cheltenham has done the House a great service by providing hon. Members with a valuable opportunity to debate this important issue. In the time available to me, I will try to give the House a sense of some of the practical challenges we have been wrestling with as we develop and refine our emerging proposals, and how they speak to potential weaknesses in the Bill. As hon. Members will be aware, in December 2023 the previous Government published the future homes and buildings standards consultation, setting out proposals on what new standards should entail. The consultation closed in March last year. Over 2,000 responses were received, and some of the most detailed feedback the Department received related to the options set out in respect of solar. The hon. Gentleman has, I know, amassed a not inconsiderable amount of technical expertise when it comes to rooftop solar systems, and he has consulted with industry stakeholders, so he will be acutely aware that setting environmental standards for new homes is not something that Government can do in isolation. To succeed, we must take industry with us, and crucially, we must also ensure that the standards we set are achievable on all sites across the country. While it is certainly not dictatorial, the expert feedback to the consultation as well as our ongoing work with the industry-led future homes hub, where we have been considering matters such as design flexibility, has been invaluable in shaping the Government’s thinking on what future standards should look like and how they should be implemented. The feedback to the consultation we received drew attention in particular to a number of practical considerations, which we believe it is essential to take into account when determining the precise role of solar in the new standards. I shall touch briefly on three, to illustrate the sort of practical issue my officials and I have been weighing up as we develop the forthcoming new standards, and in so doing give the House a sense of why we feel the Bill may not be the right way to achieve the objective we all share. The first consideration relates to the ground floor area requirement. As hon. Members know, the future homes and buildings standards consultation set out two options for new homes; both included very high-quality building fabric and a heat pump. The first option also included several additional elements, notably solar panels equating to 40% of the ground-floor area. While respondents were very supportive of the inclusion of solar panels, widespread concerns were raised about the proposed level of solar coverage, which many argued would be virtually impossible to achieve on certain types of home—for example, those with dormer windows. Clause 1(2) of the Bill sets out a requirement for the same level of solar coverage as was proposed in the consultation. Having thoroughly explored the evidence submitted during the consultation process, the Government have concluded that this level of ground-floor area coverage, rather than just being challenging for a small proportion of new supply, is simply not feasible for many new homes. Importantly, our concern is that setting a requirement at this level in law would result in a significant number of homes needing to apply for an exemption to the standards, which in turn could cause unmanageable workloads in local authorities, lead to significant bottlenecks in housing supply, and ultimately reduce the speed at which rooftop solar on new homes is rolled out. Determining exemptions is by no means a trivial task. Solar panel systems must be designed carefully for each individual house, taking into account features such as roof shape and pitch, roof lights and dormers. As such, determining the number of solar panels a roof can reasonably accept is a technical design exercise for which many local planning authorities are simply not resourced to carry out in large numbers. Furthermore, any regulation would need to have an enforcement mechanism to deal with instances where unscrupulous developers simply did not comply. The Bill does not address that point, and again, we fear it could end up being another burden that will fall on overstretched local planning authorities. Alive as we are to these unintended consequences, the Government are determined to take an approach that is both ambitious and technically feasible so that widespread exemptions are not necessary. The second issue relates to the timeframe for introducing the changes. Clause 1(1) stipulates that solar PV will be mandatory on new build homes from 1 October 2026. While that may seem some way into the future, the design and specification of new housing developments is typically set some considerable time prior to construction. As a result, the Bill’s proposed commencement date could risk a significant increase in costs and delays to housing delivery, as developers are forced to rapidly redesign, including sites already in train. It is important to bear in mind that those in the industry cannot properly prepare for the new requirement until they have access to the final regulations and accompanying statutory guidance. Preparing the regulations and said guidance is not an insignificant task. They need to be drafted and consulted upon, with the consultation open for at least 12 weeks to align with standard protocol and to permit industry sufficient time to respond to such significant proposals. Following the consultation, the regulations and guidance will need to be finalised and passed using the affirmative resolution process. It is therefore unlikely that the full detail will be available to the construction sector until the end of this year at the earliest, giving the sector only a few months to redesign and get supply chains prepared. These issues are particularly pertinent for small and medium-sized enterprises, which are less equipped to respond quickly. By potentially compressing this period to meet the proposed deadline, housing sites that are already under way may become unviable, leading to wasted investment, a negative impact on housing supply and disruption to numerous local communities across the country—outcomes that I am sure Members will agree we must try to avoid. The third and final issue relates to transitional arrangements. Government typically minimise the disruption associated with the introduction of new building regulations by setting out associated transitional arrangements. These arrangements determine the limited conditions under which a building can be built to the previous standards. That gives industry time to adapt to new standards and allows work that is already under way to be completed without major disruption. When the 2021 standards were introduced, a six-month period was allowed between laying the regulations and the standards coming into force, followed by a 12-month transitional period. That meant the regulations were laid on 15 December 2021, with the transitional period ending on 15 June 2023. This Bill does make provision for the Secretary of State to put in place transitional arrangements. However, our reading of the Bill is that those arrangements cannot contradict or override its main premise that new homes built from 1 October 2026 must be fitted with solar panels. As a result, we are concerned that there may not be sufficient time for appropriate transitional arrangements to be set. We believe it is vital that they are set, given that the construction sector typically plans ahead by at least two, if not three or even more, years. Providing merely a matter of weeks between publishing such significant legislation and its taking effect would not be realistic or fair, in our view.

• 15 Jan 2025 · Town Centres: Stoke-on-Trent · Hansard source

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  I will pass on my hon. Friend’s appreciation to ministerial colleagues in the Department who oversaw that decision. He can take as given that the funding awarded is a recognition of the importance we place on revitalising cities such as Stoke-on-Trent. The Goods Yard is another great example of creating new city centre living opportunities, with new apartments alongside work and leisure spaces and next to the main train station. I look forward to overseeing the opening of that in the coming months. More recently, £6.5 million of additional Government funding has been agreed to support public realm regeneration in Tunstall, Longton, Stoke, Burslem, and Middleport, as part of Stoke-on-Trent’s levelling up partnership. In Tunstall, I have been heartened to see the planned artworks to celebrate the town’s heritage and brighten up the area. I will touch briefly on planning reforms. As hon. Members will be aware, the Government consulted on changes to national planning policy, and other changes to the planning system, last year. Having reviewed the available evidence and feedback from the consultation, we published our formal response and a revised national planning policy framework on 12 December. The revised NPPF supports the role of high streets and town centres, by expecting local plans to create a positive framework for their growth and adaptation. It also expects planning applications for town centre uses—defined as retail, development, leisure, entertainment and more intensive sport and recreation uses, as well as offices, arts, culture and tourism development—to be located in town centres where possible, to support their viability and inhibit trade from being drawn to other locations. The planning and infrastructure Bill, which will be forthcoming later this year, will speed up and streamline the planning process to build more homes of all tenures and accelerate the delivery of major infrastructure projects, aligning with our industrial, energy and transport strategies. The Bill will make improvements at a local level, modernising planning committees and increasing local planning authorities’ capacity to deliver the type of interventions that I have referenced today and deliver an improved service. It will also support more effective land assembly for development in the public interest by reforming the compulsory purchase process. I know that in many parts of the country—Stoke is a great example of this—fragmented and complex land ownership can be a real barrier to development.

• 15 Jan 2025 · Town Centres: Stoke-on-Trent · Hansard source

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  It is an absolute pleasure to see you in the Chair, Mr Turner, as well as the reassuring presence of Mr Dowd at your side, stewarding the debate along. I thank my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) for securing this very important debate in Stoke-on-Trent’s centenary year. My hon. Friend is a doughty champion for his constituency. Although the city, as he rightly said, has experienced hard times over recent years, his constituents should know that, from the outset of this Government coming into office, he has been pressing me on what more this Labour Government can do, in partnership with local leaders and my hon. Friends, to ensure that we maximise the opportunities in the city as we go forward. I share his passion to support the regeneration of the town centres of Stoke-on-Trent and to create better places to live, work and play across the city. My hon. Friend referenced the meeting we had just a few weeks ago, alongside members of the council, to discuss their plans for a comprehensive regeneration of Stoke-on-Trent city centre. It was clear from that meeting that they are keen to make sure that the city plays a full role in delivering on the Government’s growth strategy, including delivering on a substantial number of new homes, as part of our Plan for Change milestone to build 1.5 million new homes in this Parliament. Stoke-on-Trent city centre is facing the same problems as many town centres across the country: lower occupancy rates and footfall due to consumer habits changing, which make a retail, office-led city centre strategy difficult for the future. I have been pleased to see, in the case of Stoke-on-Trent—as well as other cities across the country where Labour Members and Labour local leaders are in place—that the new Labour-run city council, under the leadership of Councillor Jane Ashworth, has brought forward a committed and energetic programme and a serious plan for Hanley to take things forward, which will see a radical shift to a residential-led model, aiming to create a revitalised city centre that can play a strengthened socioeconomic role and unlock the development of thousands of new homes, through the process that we discussed. It has been good to see that so much of the regeneration in Stoke-on-Trent is already well under way. My hon. Friend has referenced a number of the very positive changes that are taking place, including the Smithfield Quarter, a fantastic mixed-use development that pays homage to the original Smithfield bottle works on the site and is an excellent example of intertwining cultural heritage while also looking to the future needs of the city. The Government have supported this vital regeneration work through Homes England, which has been working successfully with the council for many years. In 2022, a partnership agreement was signed with the council to accelerate the delivery of high-quality, place-making, housing-led and mixed-use developments in the city. The partnership aims to unlock, as my hon. Friend is aware, 4,000 homes across a range of sites within the city, and has to date supported 607 homes across several sites. The city has also been in receipt of considerable capital investment from Homes England over recent years, including £22 million of affordable housing programme investment and £10 million of housing infrastructure grant investment to unlock a combined 1,500 homes. Through that partnership, significant strides have been made to progress 13 priority sites in the council’s pipeline, and support the council’s local plan review. Homes England has also provided around £800,000 in revenue funding to support the delivery of priority sites. As my hon. Friend will be aware, some of the key interventions that have taken place include: Homes England acting in collaboration with the city council, procuring and jointly leading the production of a city centre masterplan, providing a connected vision for Stoke and Hanley; and a serious delivery plan—I think that is the point—with clear evidence steps for the development of that key strategic corridor. We have also seen progress on several flagship sites across the city, providing a catalyst for the regeneration that needs to happen and that I know my hon. Friend is working hard to see delivered. Etruscan Square, for example, is a major city centre development to regenerate the former bus station site in Hanley, which has secured outline planning permission for a 300-home mixed-used development, following on from receiving £20 million of Government funding in 2021. The North Shelton opportunity area is a collection of three brownfield sites; through our brownfield land release fund, the council has been rewarded money to remediate the site and make way for up to 50 homes. To reiterate the point that my hon. Friend made, we need to see that partnership working continue. I urge local leaders to continue to press forward with that ambition across the whole city, and I have impressed on Homes England the need to continue supporting Stoke-on-Trent with the necessary skills, powers and investment needed to bring forward development, including on known complex brownfield sites in Hanley town centre, at the nearest possible opportunity. As my hon. Friend knows, I am committed to working with him and others to ensure that we are utilising all the powers that are already available, or that the Government intend to bring forward, to ensure that we realise the full potential of the city, including powers in relation to compulsory purchase orders, as was referenced. Despite the previous Administration making a number of unfunded commitments to local authorities and mayoral combined authorities, at October’s Budget this Government confirmed that the majority of local growth projects have been protected, and that the UK shared prosperity fund has been extended for another year, providing much needed certainty for places to deliver locally. My hon. Friend will also be aware that Stoke-on-Trent received £56 million towards key regeneration sites across the city through the levelling-up fund, supporting both housing and broader economic development.

• 15 Jan 2025 · Town Centres: Stoke-on-Trent · Hansard source

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  My hon. Friend is absolutely right. This Government have a brownfield-first approach to development. In all instances where it is possible, we want to see brownfield development prioritised and accelerated, and we are making a number of changes to ensure that is the case. These include not only some of the revisions we made to the NPPF, but the proposals that we have outlined in our brownfield passport working paper, which will feed into the development of national development management policies, which we will consult on later this year. All of these interventions are to ensure that, wherever possible, we can get brownfield-led development. My hon. Friend is absolutely right that in many parts of the country that fragmented ownership of land is a real barrier. We want generally to see more coherent land assembly and master planning of large sites to ensure that we can maximise their potential, not least in terms of density and getting the number of homes we need on site. In that way, in many parts of the country, it will be possible to avoid having to look at green belt release, although we are clear that where green belt does need to be released—and grey belt as a priority release within that—that does need to take place to meet local housing targets. To conclude, I again thank my hon. Friend for bringing this important debate to the House today and for his ongoing engagement. I would like to assure him and the city council that the Government recognise the vital role that Stoke-on-Trent will play in our growth mission. We want to see councils across the country working in collaboration and partnership with the Government to create a sustainable and suitable housing supply for those who live in and commute to town and city centres. I very much look forward to working with him and my hon. Friends to that end. Question put and agreed to .

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  The hon. Gentleman tempts me to engage in an entirely different debate. I am more than happy to update him, at the appropriate time, with all the measures that the Government will take forward in response to that issue. He can be assured, however, that we are giving it serious attention, and this will not be a case of the Government kicking something into the long grass. The Government are clear that we will not delay on giving renters the long-term security, rights and protections that they deserve by making the necessary and long-overdue transformation of the sector, contingent on a broad and undefined assessment of the possession process, as new clause 19 and amendment 56 propose. The shadow Minister knows that I fully agree with him that court readiness is essential to the successful operation of the new system. That is why my officials and I are working closely with the Minister for Courts and Legal Services and her team to ensure that the Courts and Tribunals Service is ready when the new tenancy system is brought into force. The shadow Minister also pressed the Government to place in the Bill a legal requirement to publish an annual review of its impact on the availability of homes. He will know that the Government have published a green-rated impact assessment. We will, of course, closely monitor the impact of the Bill on the housing market, but setting an arbitrary deadline in law for doing so would, we believe, detract from that work. Although I do not begrudge him for tabling new clause 20 to make that point, he will know that no Government could accept such an amendment. The Liberal Democrat spokesperson, the hon. Member for Taunton and Wellington, and several Members of his party raised the issue of military accommodation and tabled amendment 3. There is no dispute about that amendment’s objective—namely to ensure that all service accommodation equals or exceeds the decent homes standard. The Government have made that commitment. Where we do disagree is on whether the approach that we are taking in the Bill is appropriate for the unique circumstances surrounding Ministry of Defence accommodation. We do not believe that it is, for various reasons that we discussed at length in Committee, including the problems that local authorities have in inspecting accommodation that is behind the wire on sensitive MOD bases. As the hon. Gentleman is aware, the Ministry of Defence is committed to reviewing its decent homes-plus standard for accommodation, with the aim of improving the standard of SFA across the estate, where it needs improvement, as part of its long-term strategy for service accommodation. That review will be informed by my Department’s work on housing standards, including our review of the content of the DHS, which Ministers in the Ministry of Defence are committed to aligning with. The Ministry of Defence will provide further information on the review of its target early in 2025.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  Let me begin by thanking all hon. Members for their contributions. It has been a thoughtful and good-natured debate, and while there are many genuine points of difference and emphasis, there is a consensus across the House that reform of the private rented sector is long overdue and must be taken forward. In the time I have available to me, I will respond to a number of the amendments and key arguments. In his contribution, the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), suggested that Government new clauses 13 and 14 risk locking out of the rental market those renters who are on the financial margins and fettering landlords and tenants coming to fair agreements on tenancies in the assured regime that we are introducing. I gently say to him that he seriously downplays the imbalance between landlords and tenants, and the fact that requiring multiple months of rent from a tenant in advance when agreeing a tenancy is unfair, places considerable strain on tenants and can exclude some people and families from renting altogether. Landlords will continue to be able to take a holding deposit of up to one week, a tenancy deposit of five or six weeks’ rent and up to one month’s rent in advance before a tenancy has begun. They will also be free to undertake the necessary referencing and affordability checks to give them confidence that a tenancy is sustainable for all parties. If and when they are not satisfied by the outcomes of pre-tenancy checks, options are available to tenants and landlords to ensure that rent in advance need not be used—requesting a guarantor or engaging in landlord insurance, for example. I hope that provides the shadow Minister with a degree of reassurance on that point. The shadow Minister tabled a number of amendments —several of which we debated in detail in Committee. With regard to amendments 57, 58 and 60, I restate the argument that I made in Committee: fixed terms mean that tenants are locked into tenancy agreements without the freedom to move should their personal circumstances change, and compel tenants to pay rent regardless of whether a property is fit to live in, reducing the incentive for unscrupulous landlords to complete repairs. For that reason, the Government remain firmly of the view that there is no place whatsoever for fixed terms of any kind in the new tenancy regime that the Bill introduces. A number of hon. Members referred to problems with short-term lets. The Government are cognisant of the impact that excessive concentrations of short-term lets can have on the affordability and availability of local housing and the sustainability of local communities. We are committed to monitoring that issue and, as the Liberal Democrat spokesperson, the hon. Member for Taunton and Wellington (Gideon Amos), knows, we are exploring what further powers local authorities need to bear down on it. However, putting an arbitrary deadline in law, as new clause 2 would do, is not the way to proceed.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  I beg to move, That the Bill be now read the Third time. It has been a real privilege to take this vital piece of legislation through the House. I want to thank everyone who has played a role in getting the Bill to this stage: my right hon. Friend the Deputy Prime Minister for her passionate commitment to improving the lives of England’s 11 million private renters; the Department’s Bill team who have worked tirelessly on the legislation for the past six months; my outstanding private office, including my fantastic private secretary Will Gaby, who has led the team on the Bill; the Clerks, Chairs and parliamentary counsel for facilitating its progress; the witnesses who gave evidence to the Committee; and hon. Members from across the House who provided valuable input today and at previous stages. The current system for private renting is broken. While the Government recognise that the majority of landlords provide high-quality homes and a good service to their tenants, it remains the case that the private rented sector still provides the least affordable, poorest quality and most insecure housing of all tenures. This intolerable state of affairs is why renters have been demanding change for many years, and I am extremely proud that this Government have acted so early in the Parliament to deliver it. The Renters’ Rights Bill will deliver on our manifesto commitment to overhaul the regulation of the private rented sector and to decisively raise standards within it. It is bitterly disappointing that despite not forcing a single Division in Committee, the Opposition decided today to set their face firmly against private rented sector reform on the basis of a series of specious and, indeed, spurious arguments. They may be intent on letting down England’s private renters once again, but this Labour Government will not put tens of thousands of them at risk of homelessness, nor will we prolong the uncertainty that responsible landlords across the country have experienced over recent years by hesitating. We will finish the job and give England’s 11 million private renters the greater security, rights and protections they deserve. I wish Baroness Taylor the best with moving the Bill forward in the other place, and I commend it to the House.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  There is a lot of bad practice out there. That is the very reason why the Government have acted so quickly to introduce these reforms, and we are confident that once they are in place, they will provide tenants with the protection that they deserve. In the interim, I am afraid that there will continue to be bad practice of the kind that the Bill will stamp out. For the reasons that I have just alluded to, we have tabled amendments 19 and 22 to give private registered providers an alternative route for obtaining possession for redevelopment and for decant accommodation. Where the landlord seeks possession on ground 6 or ground 6ZA because they intend to carry out redevelopment work or want to move a tenant on from decant accommodation, they will need to provide alternative accommodation that meets specific requirements. That includes the accommodation being affordable, in a suitable location and not overcrowded. The accommodation must also be let as an assured tenancy or equivalent, unless it is being let for a temporary period pending the tenant being moved to an assured tenancy or equivalent. To use ground 6ZA, landlords must give tenants prior notice to ensure that they are fully aware that the accommodation is provided for temporary decant use. If the landlord does not do that, they are liable for a fine of up to £7,000. Where landlords wish to accommodate tenants temporarily in properties that are earmarked for redevelopment, social landlords must give prior notice, and set out in a written statement the intention to redevelop the accommodation and the timeframe for redevelopment. Under those circumstances, alternative accommodation will not need to be provided. Social landlords will also be required to pay removal expenses for social tenants when using ground 6 and ground 6ZA. We do not expect that the need to use those grounds will arise often in practice through the engagement of PRPs with tenants, but where needed, the amendments will ensure that significant redevelopment work is not unduly delayed. Government amendments 12, 13, 17, 20, 21, 23, 28 to 30 and 54 are related and consequential provisions to reflect the new ability for landlords to gain possession for redevelopment and for decant accommodation. We think that this group of amendments gets the balance right, enabling PRPs to progress redevelopment and use temporary decant accommodation during redevelopment works, while ensuring that tenants are provided with appropriate alternative accommodation and removal expenses. Let me turn finally to amendment 34. Clause 30 ensures that long leases can continue to function by excluding leases over seven years from the assured regime. Those leases are typically used in purchases of leasehold and shared-ownership properties. I am grateful to stakeholders for raising concerns about the possibility of some unscrupulous landlords using clause 30 to circumnavigate the new assured regime by issuing leases of over seven years with a break or early-termination clause that is operable in the first few years. Tenants must not be cheated out of the protections of the assured tenancy regime. The amendment will therefore exclude all leases over 21 years from the assured regime. That will act as a much stronger deterrent to landlords who seek to avoid the assured tenancy regime. The amendment also excludes existing leases of between seven and 21 years, to ensure that they can continue to operate as currently intended. It also ensures that regulated home purchase plans can continue to enable consumers to purchase properties using the principles of Islamic finance by adding them to the list of excluded tenancies in schedule 1 to the Housing Act 1988. The amendments that the Government have tabled for consideration today are a series of targeted changes designed to ensure that the Bill works as intended, and I commend them all to the House. I thank hon. Members for their efforts to improve the Bill, and for the scrutiny and challenge that the Bill has received so far. I look forward to listening to the remainder of the debate.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  It is a pleasure to bring this important Bill back to the House this afternoon. Let me begin by thanking hon. Members on both sides of the Chamber for their engagement with it over recent months. In particular, I thank the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), and other members of the Committee for the diligent and thoughtful line-by-line scrutiny of the Bill that they undertook over the course of many sittings late last year. This Labour Government promised to succeed where their predecessor had failed, by quickly and decisively acting to transform the experience of private renting in England. Today, we make further tangible progress towards delivering on that commitment. Our Renters’ Rights Bill will modernise the regulation of our country’s insecure and unjust private rented sector, levelling decisively the playing field between landlord and tenant. It will empower renters by providing them with greater security, rights and protections so that they can stay in their homes for longer, build lives in their communities and avoid the risk of homelessness. It will ensure that we can drive up the quality of privately rented housing so that renters have access to good-quality and safe homes as a matter of course. It will also allow us to crack down on the minority of unscrupulous landlords who exploit, mistreat or discriminate against renters. The Bill will also provide tangible benefits for responsible landlords who provide high-quality homes and a good service to their tenants. Not only will its provisions see the reputation of the sector as a whole improve, as we clamp down on those landlords whose behaviour currently tarnishes it, but the Bill will also ensure that good landlords enjoy simpler regulation and clear and expanded possession grounds, so that they can regain their properties quickly when necessary. Although we have eschewed the previous Government’s habit of shoehorning swathes of new clauses into legislation following Second Reading, we needed to make a modest number of improvements to the Bill in Committee. Many of the amendments in question were minor and technical or consequential in nature, but I shall briefly explain to the House some of the more substantive changes. To increase fairness for tenants being evicted because their landlord is at fault, we chose to make an amendment connected to ground 6A. As hon. Members will be aware this mandatory ground allows landlords to remove their tenants when eviction is necessary for them to comply not only with enforcement action, but as a result of separate changes that we made to the Bill with planning enforcement action as well. The amendment allows the court to require landlords to pay compensation to the tenant when they are forced to vacate their homes under such circumstances. To provide greater flexibility for social landlords in meeting the demands of local housing markets, we widened ground 1B for rent-to-buy tenancies, ensuring that registered providers can take possession in all necessary circumstances. We also exempted assured tenancies from the 90-day rule, which protects housing supply in London and benefits permanent residents by preventing the conversion of family homes into short-term lets. Should a tenant give notice early in their tenancy, meaning that they leave before 90 consecutive nights have passed, these changes mean that the landlord will not automatically be found to have inadvertently provided temporary sleeping accommodation. Lastly, we made changes to ensure that the introduction of a decent homes standard in the private rented sector works as intended.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  I wonder whether I might provide some helpful clarification: this Bill has no provisions in it that deal with minimum energy-efficiency standards in the private rented sector. The Department for Energy Security and Net Zero will shortly go out to consultation on those MEE standards for the PRS, but it is not within the scope of this Bill.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  That is only one of the issues; as the hon. Gentleman knows, we debated many others in Committee. I appreciate that there is a principled disagreement on this point. We share his objective, but we think that there is a different and more sensible way to go about meeting it. Addressing service accommodation through this Bill is not the way to proceed.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  I beg to move, That the clause be read a Second time.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  I am sympathetic to the hon. Gentleman’s question and his desire for that information, but it is not for me to give a date from the Dispatch Box today; my colleagues in the Ministry of Defence will provide further information on the review of that target standard early this year. The Liberal Democrat spokesman, the hon. Member for Taunton and Wellington, along with my hon. Friend the Member for Liverpool Wavertree (Paula Barker) and the hon. Member for Bristol Central (Carla Denyer), spoke in support of their respective amendments to introduce forms of rent control. I assure each of those Members that I entirely understand their concerns about the affordability of rent generally, and specifically the potential for retaliatory no-fault economic evictions. Once section 21 evictions are done away with, unscrupulous landlords will no doubt attempt to evict tenants who assert their rights by means of extortionate rent rises. However, as we debated extensively in Committee, the Government sincerely believe that the introduction of rent controls in the private rented sector could harm tenants as well as landlords by reducing supply and discouraging investment. While I fully appreciate that there is a broad spectrum of regulation that falls under the title of rent control, there is, as we debated at length in Committee, sufficient international evidence from countries such as Sweden and Germany, cities such as San Francisco and Ontario, and the Scottish experience since 2017, to attest to the potential detrimental impacts of rent control. For that reason, we believe that we should proceed on the basis of the protections that the Bill provides against unreasonable within-tenancy rent rises, as well as wider action to improve affordability, not least support for the growth of the build-to-rent sector. My hon. Friend the Member for Liverpool Wavertree also tabled new clause 5, which would place a duty on the Secretary of State to conduct a review of the tenancy deposit protection schemes and requirements. The contracts governing those schemes are due to end next year, and their re-procurement provides an opportunity for the Department to review their objectives and how they operate. I am more than happy to engage with my hon. Friend on that process; on that basis, I ask her to not divide the House on her new clause. I am also more than happy to ensure that she is closely involved in the development of the PRS database. We believe that there are good reasons for the detail relating to that database to be laid out in secondary legislation, rather than put in the Bill, as her amendment 7 stipulates. However, it is our clear expectation that the database will capture key information about landlords, and we recognise that there may be clear benefits in using it to collect a wider range of information, as her amendment suggests. My hon. Friend also tabled new clause 6, which would require local authorities, if requested, to pay or guarantee the tenancy deposits of care leavers seeking to access the private rented sector. I am of the view that local authorities, rather than central Government, are best placed to assess the best way of supporting care leavers in their area. I reassure my hon. Friend that while local authorities maintain their ability to support care leavers in their areas, the Government are committed to putting in place the support that local government needs to do so effectively. My hon. Friend the Member for Leeds Central and Headingley (Alex Sobel) made a strong case for new clause 11 on acting to limit guarantors. I appreciate fully that obtaining a guarantor can be difficult for some prospective tenants, and I understand the reasoning behind his amendment. However, I am also mindful that in some instances the use of guarantors can provide good landlords with the assurance necessary to let their properties to tenants who may otherwise find it difficult to access private rented accommodation. For example, there are those with a poor credit history—the kind of tenant who the shadow Minister worries our rent-in-advance amendments will harm. Having considered this issue in great detail, I ultimately concluded that limiting guarantors could inadvertently make life more difficult for certain types of renter. That said, I will keep the matter under review, and I am more than happy to engage in a dialogue with my hon. Friend about this in the weeks and months to come. Several Opposition Members mentioned new clause 22, in the name of the hon. Member for St Albans (Daisy Cooper). The Government are clear that all landlords must keep their properties in a fit state, and that there need to be robust routes of redress when they do not. However, tenants can already take their landlord to court if their home is unfit for human habitation, and if the courts find that landlords have not met their obligations, they can award compensation, as well as requiring landlords to carry out repairs. For that reason, while agreeing entirely with the objective, I believe that the hon. Lady’s amendment is unnecessary. I will briefly refer to two amendments on the amendment paper that were not spoken to by the Members who tabled them. My hon. Friend the Member for Nottingham East (Nadia Whittome) rightly called for protection from discrimination for renters who require home adaptations. The rental discrimination provisions in the Bill are specifically designed to protect victims of discrimination who may not be eligible to make a case under the Equality Act 2010, such as those who have children or are in receipt of benefits. People with a disability are already afforded protections from discrimination relating to the provision of housing or services under the Act. For that reason, we do not believe her new clause 24 is warranted, but I am more than happy to discuss the matter with her outside the Chamber. My hon. Friend the Member for Warrington North (Charlotte Nichols) tabled amendment 11 to make rent repayment orders available for initial failure to be a member of the PRS landlord ombudsman or to register with the PRS database. She will recognise that we have significantly strengthened the RRO provisions in the previous Government’s Renters (Reform) Bill. However, I took the view that it would be inappropriate to extend rent repayment orders to non-criminal breaches of the kind that her amendment covers. Instead, local authorities will be able to issue civil penalties for the initial failures in question, with the possibility of higher financial penalties and RROs if landlords fail to sign up, having been fined. Finally, I will mention the amendments relating to home adaptations—both new clause 9, in the name of the hon. Member for Bristol Central, and new clause 23, in the name of the hon. Member for Taunton and Wellington. Both amendments seek to require PRS landlords to permit home disability adaptations for assured tenants when these have been recommended in a local authority home assessment. The hon. Member for Bristol Central tabled the same amendment in Committee, and as we discussed then, the Equality Act already provides that landlords cannot unreasonably refuse a request for reasonable adjustments to a disabled person’s home. As I said in Committee, measures already in this Bill will improve the situation for disabled renters who request home adaptations. The abolition of section 21 notices will remove the threat of retaliatory eviction, empowering tenants to request the home adaptations they need and to complain if their requests are unreasonably refused. In addition, we are establishing the new PRS ombudsman, which will have strong powers to put things right for tenants where their landlord has failed to resolve a legitimate complaint. I must say candidly to the hon. Lady that I remain somewhat unconvinced that these amendments are the way to address this absolutely legitimate issue—I recognise the problem she identifies—and for that reason, the Government will not be able to accept them. However, I can give her the assurance that we will commit to continuing to consider what more we may need to do to ensure that requests for reasonable adjustments cannot be unreasonably refused, including those recommended by local authority home assessments. I am more happy to engage with Members across the House, and to meet her, the hon. Member for Taunton and Wellington and other Members who have concerns on the subject, to discuss her amendment and the problem generally in more detail. I hope that, on that basis, she will consider not pressing her new clause to a vote.

• 14 Jan 2025 · Renters’ Rights Bill · Hansard source

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  I will happily give the hon. Member that assurance, and I am more than happy to ensure that my hon. Friend the Chair of the Committee attends, as well as any other Member with an interest in this issue. It is important, and I understand the problem that the hon. Member outlines. There are reasons why we do not think the new clause is necessarily the best way to approach the issue, but I am more than happy to have a dialogue on that point. In conclusion, today we are making targeted amendments that aim to ensure that the Bill operates as intended. In many cases, we think that the amendments pushed by hon. Members are unnecessary, because we think that the Bill strikes the right balance between the interests of landlords and those of tenants. On that basis, I hope the whole House can get behind the Bill this evening. Question put and agreed to. New clause 13 accordingly read a Second time, and added to the Bill. New Clause 14 Prohibition of rent in advance before lease entered into (1) Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is amended in accordance with subsections (2) and (3). (2) After paragraph 1(1) (rent is a permitted payment) insert— “(1A) But a payment of rent is a prohibited payment if— (a) it is payable before the tenancy is entered into, and (b) the tenancy is an assured tenancy. (1B) This paragraph is subject to paragraph 1A.” (3) For sub-paragraph (2) of paragraph 1 substitute— “ Increased rent 1A (1) If the amount of rent payable in respect of any relevant period (“P1”) is more than the amount of rent payable in respect of any later relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment. (2) That is subject to the following provisions of this paragraph.” (4) After section 5 of the Tenant Fees Act 2019 insert— “Other provision about rent in advance 5A Pre-tenancy payments of rent: prohibitions (1) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (2) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (3) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (4) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connections with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (5) The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies. For this purpose “rent due in advance” means rent due before the period for which it is payable. (6) Regulations under subsection (5)— (a) may make different provision for different purposes; (b) may make supplemental, incidental, consequential, transitional, transitory or saving provision; (c) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1. 5B Effect of a breach of section 5A A term of an agreement between a letting agent and a relevant person which breaches section 5A is not binding on a relevant person. Where a term of an agreement is not binding on a relevant person as a result of this section, the agreement continues, so far as practicable, to have effect in every other respect.” (5) The Tenant Fees Act 2019 is further amended as follows— (a) in section 6 (enforcement by local weights and measures authorities)— (i) in subsection (1), in paragraph (b) omit “and” and after that paragraph insert— “(ba) section 5A (pre-tenancy payments of rent: prohibitions), and”; (ii) in subsection (3), for “or 2” substitute “, 2 or 5A”; (b) in section 7 (enforcement by district councils), in subsection (1), for “and 2” substitute “, 2 and 5A”; (c) in section 8 (financial penalties), in subsection (1), for “or 2” substitute “, 2 or 5A”; (d) in section 10 (recovery by enforcement authority of amount paid)— (i) in subsection (1)(a), for “or 2” substitute “, 2 or 5A”; (ii) after subsection (2) insert— “(2A) But that obligation to pay the amount, or remaining part, of the prohibited payment is subject to subsection (3), unless it is a case where the payment is prohibited by paragraph 1(1A) of Schedule 1 (pre-tenancy payment of rent).”; (iii) in subsection (3), for “But subsection (2) does not apply in relation to a prohibited payment” substitute “Subsection (2) does not apply in relation to the prohibited payment”; (e) in section 15 (recovery by relevant person of amount paid), in subsection (1)(a), for “or 2” substitute “, 2 or 5A”.” . —( Matthew Pennycook.) This amends the Tenant Fees Act 2019 so that rent in advance payable before the tenancy is entered into is a “prohibited payment” for the purposes of that Act. The new section 5A then also adds new prohibitions relating to that kind of prohibited payment . Brought up, and read the First time. Question put, That the clause be read a Second time.