← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Matthew Pennycook

MP for Greenwich and Woolwich · Labour · United Kingdom

IN THEIR OWN WORDS

It is a pleasure to serve with you in the Chair, Dame Siobhain. I congratulate the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) on securing this debate.

GREY BELT LAND: DEFINITION AND APPLICATION · 2026-09-15 · READ IN HANSARD

I will address the right hon. and learned Gentleman’s specific question in due course. Before I do so, I want to put on the record the policy in relation to villages. He can rest assured that I will address the point; if he is unsatisfied, he is more than welcome to intervene again. A number of hon. Members mentioned villages.

GREY BELT LAND: DEFINITION AND APPLICATION · 2026-09-15 · READ IN HANSARD

I will say two things in respect to that, and I will come on to detail how the approach works in relation to decision making very shortly. In general terms, developers can make whatever claims they like about any particular site across the country; it is for the local authority to assess whether, in its view, that site constitutes grey be…

GREY BELT LAND: DEFINITION AND APPLICATION · 2026-09-15 · READ IN HANSARD

and learned Gentleman’s point about what is likely to constitute grey-belt land. Let me directly address his other two specific points. Is this a significant policy? Absolutely, and it has been judged as much by the Office for Budget Responsibility and other external commentators. Is it deliberate? Absolutely. We want, as the right hon.

GREY BELT LAND: DEFINITION AND APPLICATION · 2026-09-15 · READ IN HANSARD

Where authorities may wish to restrict development in villages for other reasons, a range of tools are available, such as conservation areas or normal development management policies. On the right hon.

GREY BELT LAND: DEFINITION AND APPLICATION · 2026-09-15 · READ IN HANSARD

We have to put in place policies that, through the decision-making route, allow homes still to be brought forward in that interregnum, but then we have to push heavily to drive towards universal plan coverage. At that point, the protections are in place.

GREY BELT LAND: DEFINITION AND APPLICATION · 2026-09-15 · READ IN HANSARD

The complete record

Every one of 5,181 lines we hold for Matthew Pennycook, in date order, each linked to its source. Free to read, in full, without an account. Page 57 of 104.

  1. We will continue to work with good landlords and their representative associations throughout implementation. New clause 3 would introduce a legal requirement for the Government to appoint an independent person to prepare a report on the impact of the reforms to the tenancy system and the grounds for possession. We are committed to robustly monitoring and evaluating the impact of our reform programme in line with the Department’s evaluation strategy; however, setting an arbitrary deadline in law for that work is unnecessary and, again, may detract from the quality of evaluation and prevent us from conducting as robust an assessment as possible. New clause 7, tabled by the hon.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  2. I reassure the Committee that this is an interest I share, which is why we are committed to robustly monitoring and evaluating the private rented sector reform programme introduced by the Bill. I will not detail the Government’s general approach to monitoring and evaluation, but suffice it to say that we believe that setting an arbitrary deadline for the work in law—as the new clause would require—would be an unnecessary step, and there is a risk that it would detract from evaluation and prevent us from conducting as robust an assessment as possible. However, given the interest in the Bill’s impact, I wish to reassure the Committee that we do not expect the Bill to have a destabilising effect on the rental market. This Government value the contribution made by responsible landlords who provide quality homes to their tenants.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  3. I am afraid I will have to resist all three new clauses. Although I will try to limit it, I fear that I may be somewhat repetitive in doing so, because the Government’s logic in each instance is similar. As the hon. Member for Ruislip, Northwood and Pinner has made clear, new clause 2 would introduce a legal requirement for the Government to publish an annual review of the impact of the Bill’s reforms on the availability of homes. In particular, it would require an assessment to be made on the availability of homes in the private rental sector, rents charged under tenancies, house prices and requests for social housing. As per our previous discussion, I recognise that the underlying rationale for the measure is an interest in the practical difference the legislation will make over the coming years.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  4. In respect of this Bill, we are committed to robustly monitoring and evaluating the impact of our reform programme in line with the Government’s evaluation strategy. However, setting an arbitrary deadline in law for this work is unnecessary and may detract from our efforts in that regard. On that basis, I encourage Members not to press their new clauses.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  5. I have stated this on many occasions in the House since being appointed, but I will say it again: that is the reason why we will progress with abolishing the furnished holiday lets tax regime, and with the introduction of a registration scheme for short-term lets. That will give local authorities access to valuable data on them. Those measures were committed to by the previous Government, and we will take them forward. However, as I said a number of times in the previous Parliament, we do not think they go far enough and we are considering what additional powers we might give to local authorities to enable them to better respond to the pressures they face as a result of the excessive concentrations of short-term lets and holiday homes. I hope to say more on that in due course.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  6. I will come to the specific proposals under consideration for short-term lets and holiday lets. The use class was consulted on as one of a number of measures that the previous Government introduced. I will touch on that specific point shortly. I will preface this with a point that I think all Committee members appreciate. The Government are very alive to the fact that there are many parts of the country—coastal, rural and some urban constituencies—where excessive concentrations of short-term lets and holiday homes are having detrimental impacts, not least on the ability of local people to buy their own homes or, in many cases now, rent their own homes.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  7. All our focus is on ensuring that HMCTS is ready to stand up the new system at the point of commencement, and that should be our focus in the coming weeks and months. On that basis, I kindly ask the hon. Gentleman to withdraw his new clause.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  8. The Committee may be interested to know that figures for April to June 2024 show that claim to order median timeliness is 8.1 weeks, suggesting that—I am not necessarily attributing this to the shadow Minister—some of the more alarmist statements about the readiness of the county court system may have more to do with fundamental opposition to the abolition of section 21 and the current tenancy regime than they are an impartial assessment of court performance. The proposed assessment would provide no obvious additional insight or benefit to any interested parties, in our view, and would merely detract from the vital work of the courts and tribunals by subjecting them to a nugatory additional process.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  9. We will instead move ahead with tenancy reform as quickly as possible, but in conjunction with an extensive parallel workstream with colleagues from the Ministry of Justice and His Majesty’s Courts and Tribunals Service to ensure that the courts are ready at the point of implementation. In any case, the assessment required by new clause 4 is entirely unnecessary and unhelpful, because data on the operation of possession proceedings for rented properties is already published by the Ministry of Justice on a quarterly basis, and will continue to be. Court rules specify that possession claims requiring a hearing should be listed between four weeks and eight weeks of receipt.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  10. We do not consider it reasonable that the implementation of our reforms should be constrained by such an assessment, not least an assessment of the kind proposed in the new clause, which is extremely broad and undefined. The hon. Member for Ruislip, Northwood and Pinner tabled amendment 64, which would delay commencement until the Lord Chancellor has carried out and published the proposed assessment. I reaffirm that we have no intention of delaying these urgent and necessary reforms while awaiting an unnecessary assessment of the possession process against what is an unspecific metric.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  11. New clause 4 would require the Lord Chancellor to prepare an assessment of the operation of the process by which the county court is able to make possession orders for rented properties and by which such orders are enforced. The assessment would be published at such time and in such a manner as the Lord Chancellor saw fit. Hon. Members who followed the debates in the last Parliament will recall that the previous Government introduced a similar clause to their own Renters (Reform) Bill in the late stages of that Bill’s progress, via a Government amendment, together with a clause that prevented the Secretary of State from laying regulations to bring tenancy reforms into force for existing tenancies until after the Lord Chancellor’s amendment had been published. This Government have been clear that we will not follow a similar approach.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  12. That is why, through the Bill, we are introducing a decent homes standard and applying Awaab’s law to the sector to tackle the blight of poor-quality homes. Our reforms will establish a level playing field across the sector, ensuring that all renters and local authorities, not just those in areas with licensing schemes, can challenge and enforce against dangerous conditions. I will not address the hon. Lady’s specific point on the Secretary of State’s veto, because it is somewhat outside the scope of the Bill, but I take that on board. On the chartered institute, I will say nothing more at this stage other than that we will continue to review the use of selective licensing as we develop the database and other measures in the Bill. On that basis, I ask the hon. Members not to press their new clauses.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  13. That is why, where a scheme has expired and there is still a case for licensing, local authorities may simply introduce a new scheme to drive further improvements. The duration that the hon. Member for Bristol Central is seeking selective licensing schemes to cover can be achieved in any given local authority area, if the local authority simply extends matters through a new scheme. We think that a five-year timeframe gives an opportunity to review the effectiveness of individual discretionary licensing schemes and ensure that they are proportionate in achieving their aims. The broad intention of the hon. Lady’s new clause is to improve housing conditions. Let me be clear again that every private renter, not just those in licensed properties, has the right to a good-quality home.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  14. If we abolish selective licensing, local authorities will lose a crucial tool in taking effective enforcement action against landlords who flout the rules. However, I take the shadow Minister’s point, and I reiterate that it is important that the selective licensing system, and the system introduced by the Bill, operate effectively alongside each other. That is very much our intention. However, we recognise that licensing imposes a burden on landlords. Correspondingly, we think a maximum duration of five years for discretionary licence schemes strikes the right balance for the following reasons. It gives local authorities time to realise improvements while ensuring that landlords are not by default subject to increased regulation for prolonged periods. Of course, licensing in any given area may be part of a longer-term strategy.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  15. As we have heard, new clause 5 seeks to abolish selective licensing. This would remove the ability of local authorities to set up a selective licensing scheme of any size in their area. In contrast, new clause 9 seeks to extend selective and additional licensing of houses in multiple occupation by allowing local authorities to increase the maximum duration of schemes from five to 10 years. It also seeks to allow local authorities to use licence conditions under selective licensing to improve housing conditions, as the hon. Member for Bristol Central made clear. This Government support selective licensing. It allows local authorities to proactively and more intensively target specific issues in private rented properties, where it is needed most. That includes tackling poor housing conditions and antisocial behaviour.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  16. As such, I am concerned that the wording of the new clause may inadvertently make it harder for those tenants to find a place to live, despite the honourable intentions behind it. I recognise the importance of getting the balance right between barriers and enablers to accessing the private rented sector. I will continue to engage with hon. Members more broadly and with wider stakeholders, but in particular with my hon. Friend the Member for Leeds Central and Headingley, who has diligently pursued the matter. For the reasons I have given, however, I respectfully ask my hon. Friend the Member for Filton and Bradley Stoke to withdraw the new clause.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  17. The Government are clear that landlords should consider a tenant’s individual circumstances when negotiating rental contracts. I have been concerned to hear anecdotally about some landlords insisting that all tenants provide a guarantor, regardless of individual circumstances. That said, and ever mindful of the unintended consequences of weighing in without thought, I am aware that the use of guarantors can give landlords confidence to provide tenancies to individuals who otherwise may struggle to gain accommodation. That might include those with a history of rent arrears or with no previous rental history, those who are moving out of home for the first time and foreign students.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  18. We take it very seriously, and I am extremely sympathetic to the issues raised. I hope to be able to say more on Report about the matter and about the new clause tabled by my hon. Friend the Member for Dulwich and West Norwood. I thank the hon. Member for Bristol Central for speaking to new clause 14, tabled in the name of my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel). I am grateful to my hon. Friend for his work on this issue, and for his engagement with me and on the Bill more generally. The Government understand that obtaining a guarantor may be difficult for some prospective tenants, and I absolutely sympathise with those who are in that situation. For some tenants, the requirement can, as the hon. Member for Bristol Central made clear, effectively block access to the private rented sector.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  19. Guarantor arrangements are not usually intended to protect landlords against the risk of financial loss caused by the death of their tenant; rather, they are used by landlords to reduce the financial risk of letting to a tenant who, for example, may have no previous residency in the UK and consequently no references from former landlords, or who might not successfully pass credit checks. Although we understand that few landlords would use guarantor agreements to pursue debts that occur after a tenant’s death, we do know that sadly some do. This is an unacceptable practice that compounds the grief that families face after unexpected bereavements. I hope my hon. Friend the Member for Filton and Bradley Stoke will be reassured to hear that the Government have been considering this issue closely and in detail.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  20. I thank my hon. Friend the Member for Filton and Bradley Stoke for speaking to the new clause tabled by my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), whom I commend for her work in this area, not just in this Parliament but in the previous one. She has been prodigious in pursuing this issue on behalf of her constituents, and I have reflected further on the points that she made on Second Reading. The Government agree that it is unacceptable for bereaved guarantors to be held liable for unpaid rent where the only reason for it is the sad death of a tenant.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  21. Lady’s point about a postcode lottery—we could rehearse for many hours the pressures on local authorities’ budgets—where a tenant has applied for a disabled facilities grant, local councils have the power to override the requirement for tenants to have the landlord’s permission to make adaptations, and to award the grant without permission if they believe that permission was withheld unreasonably. For those reasons, although I will reflect on the point that she made and although I sympathise with the intent, the new clause is unnecessary and I kindly ask her to withdraw it.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  22. Lady said that the Bill does nothing to target the problem that she outlines, but I think it takes a series of steps that will support disabled renters to challenge unreasonable refusals without fear of retaliatory eviction—I am talking about the general overhaul of the tenancy system, which should provide them with more confidence in that area. In addition, when the new PRS landlord ombudsman is established, tenants may be able to make a complaint to it if they think that the landlord should have given permission for disability adaptations but has unreasonably refused to do so. That is another means of redress that will be introduced through the Bill. Notwithstanding the hon.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  23. I very much sympathise with the intent behind the new clause, but I am afraid I will have to disappoint the hon. Lady by saying that I do not think it is necessary, and I will set out why. The Government strongly agree that landlords should not unreasonably refuse disability adaptations. As she rightly says, there is already a requirement in law that they do not. The Equality Act 2010 provides that landlords cannot unreasonably refuse a request for reasonable adjustments to be made for the purposes of a disabled person using their home. Where consent has been sought and is refused, the burden is on the landlord to show why their refusal or any conditions are reasonable. The hon.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  24. She is more than welcome to clarify the point, but I hope she commends the additional £500 million of funding in the recent Budget, the top up to the affordable homes programme this year and the action we are taking on right-to-buys, giving local councils 100% retention of discounts from sales. There will be more to come, not least when we set out further Government investment in the spending review next year. On the basis of all the points I have made, I ask the hon. Lady to withdraw new clause 11. I do not think it will be the last time we debate the matter as part of the Bill or more widely across the Parliament.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  25. I simply reiterate that the Government are confident that the Bill strikes the right balance when it comes to addressing, in particular, unreasonable within-tenancy rent increases. We do not believe the establishment of a body along the lines that the hon. Lady proposes would be beneficial to tenants or landlords. I have made the point, and will do again, that the legislation is not the Government’s only answer to affordability pressures in the private rented sector. The hon. Lady referenced the Government’s intention to deliver the biggest increase in social and affordable housing in a generation. I appreciate the urgency with which that needs to take place.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  26. There are academic studies on countries such as Sweden and Germany, and from cities such as San Francisco and Ontario, which show that rent regulation can have those precise effects. I was in Rome at the G7 yesterday, discussing this very matter with the German Housing Minister, who acknowledged that while there are benefits to the system in Germany, it has had an impact on supply in places. It could have a detrimental impact on tenants if we introduce it into our system here. I am more than happy to debate. I think we will debate the issue throughout the Bill’s remaining stages in this place, and I am sure it will be a source of debate in the other place and again when it returns to us. I do not want to test your patience or the Committee’s, Sir Roger, by repeating the long discussion we have already had about rent control.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  27. Member for Bristol Central touched on later in her remarks, the body would simply be required to set maximum rents on the basis of broad principles and therefore not account fully for variation in the market, it would in effect be overseeing a form of rent control. The Government believe that would impact negatively on tenants as well as landlords, as a result of reduced supply, discouraged investment and declining property sales, as I have set out in detail previously. I gently push back on the hon. Lady’s assertion that I am just asserting such a point; I have given the Committee extensive references to some of the negative impacts of various forms of rent control in other countries.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  28. Lady to set a maximum starting rent for every property they seek to advertise on every occasion that they require a new tenant. I think that is what she was driving at when she said that it would have to take into account specific factors relating to each property. We are debating the specific measure rather than a general point but if that is the case, the costs of administrating such an arrangement, which would have to apply to the approximately 950,000 new lets that occur each year, would be likely to be enormous. In my view, it would almost certainly have an impact on the time that landlords and tenants take to agree a rental price. If, as the hon.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  29. Friend the Member for Cities of London and Westminster—I do not believe the approach proposed in the new clause is necessary or proportionate. I understand from the hon. Member for Bristol Central that her new clause is intended to provoke debate, and I am more than happy to debate it. However, I must confess that when I was considering the new clause’s specific wording, I struggled somewhat to ascertain how the new independent body would operate. I think she has given us a bit more clarity on her thinking, but I am still a little unsure. I will therefore put the two options in my mind that it might reasonably take. It could mean that every landlord and letting agent in England would need to engage with the body proposed by the hon.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  30. The hon. Lady’s new clause, which she has set out clearly, seeks to require the Government to establish an independent body to set the maximum rent at which a landlord could advertise a property in writing, under clause 55, which I remind Committee members requires a landlord or a person acting on their behalf to state a specific and proposed rental amount in a written advertisement or offer for a proposed letting. Although I very much recognise the concerns in relation to rising rents generally and extortionate within-tenancy rent increases in particular—I do not think anyone on the Committee dismisses those concerns, particularly in parts of the country with hot rental markets, as referenced by my hon.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  31. I am afraid I cannot give the hon. Lady that commitment. She somewhat downplays the amount of thinking that has gone into this legislation by my officials, me and my colleagues as to the appropriate and necessary measures. We think the measures strike the right balance. This legislation is not the only intervention we are making on affordability pressures in the private rented sector. As I have said, I am more than happy to continue the debate with the hon. Lady in the remaining stages of the Bill.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  32. I value all the contributions and the challenges that have been made. I know that we are united in wanting to deliver the best legislation that we can for all our constituents. As we end this stage of scrutiny and prepare for Report stage, I hope we can all agree that these important reforms will finally provide certainty for the sector and deliver meaningful change to millions of renters and landlords. I look forward to further engagement with all hon. Members as the Bill progresses through its remaining stages.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  33. May I take this opportunity, Sir Roger, to put on the record my thanks to you and to the other Chairs of the Bill Committee? Several Committee members are new to the process, and you and the other Chairs have done an incredibly effective job, with patience and generosity, of helping everyone to navigate the process. I thank our exemplary Clerks, the Hansard Reporters, and the Doorkeepers for overseeing our proceedings. I also thank my officials and private office team, who have supported me and worked tirelessly over a short time to bring forward the Bill that we have debated in recent weeks. Finally, I thank all hon. Members, including the shadow Minister, the hon. Member for Taunton and Wellington and the hon. Member for Bristol Central for the spirited and constructive dialogue we have had.

    RENTERS' RIGHTS BILL (EIGHTH SITTING) · 2024-11-05 · READ IN HANSARD

  34. It is an absolute pleasure, Mr Betts, to continue our consideration of the Bill with you in the Chair, not least because you will have extensive knowledge of what we are talking about as we proceed through the clauses. Before we proceed to the substantive matter, I draw the Committee’s attention to the letter that I sent the Chair this morning, responding to the various technical questions put to me in the previous sitting. I hope that Members find my responses useful. I look forward to continuing this co-operative approach as we debate the remaining clauses.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  35. I ultimately concluded that it would not, both because it would have entailed a complex reform of the Equality Act, and because it would require tenants themselves to bring costly civil litigation to seek redress.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  36. During consideration of the previous Government’s Renters (Reform) Bill, I challenged the then Minister, the former Member for Redcar, to specify through regulations behaviour that for the purposes of the Equality Act 2010 should be considered unlawful discrimination unless the contrary is shown. In other words, my suggestion to the Minister at the time was that the onus should be placed on landlords to convince a court that a ban had no discriminatory impact. In developing the Renters’ Rights Bill I considered carefully whether that approach would be the most effective way to try to bear down on the problem of discriminatory conduct against tenants with children or who receive benefits.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  37. As a result, despite a growing body of case law, it remains fairly common for landlords to refuse to allow benefit claimants or those with children to view an affordable property, or to consider them as a potential tenant, and for properties to be advertised with restrictions such as “No DSS”, “No benefits” and “No kids”. Discriminatory conduct of this kind is constantly evolving and is therefore difficult to adapt to. For example, following landmark rulings that a “No DSS” policy is unlawful as it indirectly discriminates, explicit “No DSS” adverts morphed into more subtle forms of messaging with the same intent, such as specifying “Working professionals only”. The question is, therefore, how we best ensure that the underlying discrimination in this area does not occur in practice.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  38. The problem that this part of the Bill attempts to resolve is that a blanket ban of the kind we are considering is already contrary to the Property Ombudsman’s code of practice, and already almost certainly unlawful by virtue of the premises provisions in the Equality Act 2010, which provide for a prohibition against discrimination in the letting, managing or dispensing of premises. However, despite a number of court rulings confirming that rejecting a tenant’s application because of benefit status or family circumstances is a breach, proving discrimination is incredibly difficult.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  39. Not only should all renters be treated fairly in their search for a place to call home as a point of principle, but the changing nature of the private rented sector, and the fact that it now contains increasing numbers of families and those in receipt of housing support, make it imperative that the Government act in this area. Individuals in receipt of benefits or who have children should have the opportunity to be considered for a tenancy on their own circumstances, rather than rejected straight away under a blanket policy.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  40. I will indeed respond to that specific point in the extensive future correspondence that I expect to have with the shadow Minister, given his form in previous sittings. Having considered assured tenancies and tenancies that cannot be assured tenancies in our third and fourth sittings on Tuesday, we now turn to chapter 3 of part 1 of the Bill, which concerns discrimination in the rental market in England. The Government are determined to make it unlawful for landlords and agents acting on their behalf to engage in discriminatory conduct against tenants with children or those in receipt of benefits. The case for prohibiting such conduct is indisputable.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  41. The majority of landlords—those who already act fairly and conscientiously and treat applicants equally, assessing their suitability on a case-by-case basis—have absolutely nothing to fear as a result of the introduction of the new rental discrimination framework.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  42. In other words, the provisions are intended to deal with both direct and more subtle forms of discrimination. It is important to note that landlords and agents will continue to have the final say on who they let their property to, and they will be able to continue to carry out referencing checks to make sure that tenancies are sustainable for both parties. It is also the case, as clause 40 makes clear, that nothing in this chapter will prevent landlords from making a final decision based on an objective and fair assessment of whether the prospective tenant can afford the rent, nor will it force landlords into entering into unsustainable tenancies.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  43. In contrast to the approach on which I challenged the then Minister in the previous Parliament, the advantage of the approach taken in the Bill is that, first, responsibility for enforcement lies with local authorities and not tenants, and secondly, breaches can be addressed relatively easily, in the English context, via a civil offence with a lower burden of proof than a criminal one. Clauses 32 and 33 directly and expressly prohibit discriminatory bans and restrictions on the letting of private rented sector properties on the basis that children would live with or visit a person at the property, or to persons in receipt of benefits. They also prohibit any conduct that might otherwise effectively constitute such bans or restrictions.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  44. I thank the hon. Gentleman for his two reasonable questions; I will come on to answer them both in my remarks. If he feels that I have not sufficiently explained the matter, I am more than happy to give way to him again, but I will address both those points. The first I have already touched on: despite it almost certainly being unlawful under the Equality Act, discriminatory conduct of the kind that we are trying to bear down on happens fairly routinely, so it is evident to the Government that the existing legislation does not allow us to bear down on the problem effectively in practice. We think the Bill’s provisions will allow us to do so. I will pick up the hon. Gentleman’s point about the evidential burden and how local authorities make that judgment in due course.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  45. Financial incentives might also create the risk that prospective tenants complain when it is not warranted and press local councils to propose civil penalties when the evidence is lacking. Thirdly, there are likely to be practical difficulties in identifying who has been the subject of discrimination— for example, in instances where more than one tenant is involved. There would also be an administrative burden if the compensation were to be paid in instalments.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  46. First, the idea of giving prospective tenants a cut of the civil penalty is wrong in principle. They are penalties imposed by a public body for breaking the law, not a mechanism for compensation. Secondly, I worry about the potential impact on local government. Allowing a proportion of any such penalty to be allocated as compensation would undermine the principle that all civil penalty income must be ringfenced for enforcement activity in the private rented sector. Moreover, we would expect local authorities, including the hon. Lady’s, to take issue with surrendering part of a receipt that may, in practice, already not be enough to cover the costs of pursuing enforcement action. The arrangements necessary to facilitate such compensation would also add to the administrative burden on local authorities.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  47. Member for Bristol Central, would ensure that prospective tenants who report rental discrimination could receive a share of any financial penalty imposed on the landlord or letting agent. My assumption—the hon. Lady may well correct me—is that the intent of the amendments is to create an incentive for prospective tenants to complain to the relevant local authority where they consider they may have been a victim of such discrimination. That is an entirely worthy objective, and we do want tenants who find themselves in such circumstances to make a complaint to the relevant local council. We have placed a duty on local authorities to enforce the provisions when they have sufficient evidence to act. However, I cannot accept the amendments, for the following reasons.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  48. Clause 39 gives local housing authorities the power to impose a financial penalty of £7,000 on a person if on the balance of probability—this directly addresses the question earlier from the hon. Member for Broadland and Fakenham—the local authority is satisfied that there has been a breach of a rental discrimination measure in this chapter. The penalties will be compounding for continuous or repeated breaches. In summary, although we appreciate the inherent challenges in legislating to tackle rental discrimination, I believe that the measures in this chapter, set alongside strong communication and clear guidance, will see us make measurable progress towards ending discriminatory conduct against tenants with children or those in receipt of benefits. I commend them to the Committee. Amendments 78 and 79, tabled in the name of the hon.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  49. Friend the Member for Doncaster Central (Sally Jameson) to extend the rental discrimination provisions to care leavers. The Government feel strongly that the protections provided for by this chapter should be extended to additional cohorts only if there is sufficient evidence to suggest that is required. We do not yet have such evidence in the case of care leavers, but I intend to keep the matter closely under review. If we do need to look to extend discrimination protections to care leavers, we will. The powers in clause 38 will allow us to do so, as well as to respond promptly to any new acts of unlawful discrimination that may emerge in future.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD

  50. We have taken this approach because insurance contracts are renewed with greater frequency than mortgages and leases, so will naturally be updated to reflect the new requirements without necessitating immediate action or impacting existing insurance rates. The provisions in this chapter of the Bill make it clear that rental discrimination against families with children or people who receive benefits has no place in a fair and modern housing market. We recognise, however, that we may need to extend the new protections to additional cohorts, if required in future. Clause 38 allows us to do so by way of regulations, subject to the affirmative procedure and following a consultation, provided that any new protections remain consistent with the existing framework. For example, I have received representations from my hon.

    RENTERS' RIGHTS BILL (FIFTH SITTING) · 2024-10-31 · READ IN HANSARD