← 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 63 of 104.

  1. This makes consequential amendments of section 39 of the Housing Act 1988. Amendment 16, in schedule 2, page 176, line 37, at end insert— “30A In section 124 (introductory tenancies), in subsection (2)(b), omit ‘, other than an assured shorthold tenancy,’. 30B In section 125 (duration of introductory tenancy)— (a) in subsection (3), omit ‘, or a relevant assured shorthold tenancy,’; (b) omit subsection (3A).”. This adds further amendments to the Housing Act 1996 relating to introductory tenancies to take account of the changes made by Part 1 of the Bill. Amendment 17, in schedule 2, page 177, line 2, at end insert— “31A In section 143C (change of landlord), in subsection (3), omit ‘shorthold’.” This adds further amendments to the Housing Act 1996 relating to demoted tenancies to take account of the changes made by Part 1 of the Bill.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  2. (6) For subsection (9) substitute— ‘(9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)— (a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)— (i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and (ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms; (b) where a notice of variation has been served under paragraph (a)— (i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and (ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed; (c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy— (i) which begins on the date of the predecessor’s death, and (ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration; (d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined; (e) in making a determination under paragraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant; (f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— (i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and (ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal; but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation; (g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.’”.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  3. (3) In subsection (6)— (a) in the words before paragraph (a), omit ‘periodic’; (b) in paragraph (d), after the second ‘tenancy’ insert ‘(but this is subject to section 4A)’; (c) in paragraph (e), for ‘sections 13 to 15’ substitute ‘sections 13 to 16C’; (d) omit paragraph (f). (4) Omit subsection (7). (5) In subsection (8)— (a) omit ‘periodic’; (b) after ‘above)’ insert ‘; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled’.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  4. 17B In section 17 (succession to assured tenancy)— (a) in subsection (1)(a), omit ‘periodic’; (b) in subsection (1A)(a), omit ‘periodic’; (c) omit subsection (1B); (d) omit subsection (1C); (e) in subsection (1D), for ‘, (1A), (1B) or (1C)’ substitute ‘or (1A)’; (f) in subsection (5), omit ‘or (1B)(c) above’; (g) in subsection (6), omit ‘, (1C)’; (h) omit subsection (7).” This makes further amendments to the Housing Act 1988 to take account of changes made by Part 1 of the Bill. Amendment 15, in schedule 2, page 176, line 17, leave out paragraph 21 and insert— “21(1) Section 39 (statutory tenants: succession) is amended as follows. (2) In subsection (5), in the words after paragraph (b), omit ‘periodic’.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  5. This adds further amendments to the Housing Act 1985 to remove the power of private registered providers of social housing and registered social landlords to apply for demotion orders relating to secure tenancies (new paragraph 8C(a)) and otherwise in consequence of the changes made by Part 1 of the Bill. Amendment 14, in schedule 2, page 176, line 2, at end insert— “17A In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit ‘a statutory periodic tenancy or’.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  6. 8B In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of ‘qualifying tenancy’, in paragraph (b), omit ‘which is not an assured shorthold tenancy and’ 8C In section 82A (demotion because of anti-social behaviour)— (a) in subsection (1), omit paragraphs (ba) and (c); (b) in subsection (8), omit paragraph (b). 8D In section 171B (extent of preserved right), omit subsection (1A). 8E In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of ‘demotion order’, omit ‘or section 6A of the Housing Act 1988’.”.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  7. This creates an exception to the restriction on the provision of temporary sleeping accommodation in residential premises in Greater London for less than 90 days, where occupation of such accommodation is under or by virtue of an assured tenancy agreement. Amendment 13, in schedule 2, page 174, line 31, leave out paragraph 8 and insert— “8 The Housing Act 1985 is amended as follows. 8A In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of ‘qualifying tenancy’, in paragraph (b), omit sub-paragraph (i).

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  8. Schedule 2 Amendments relating to Chapter 1 of Part 1 Amendments made: 12, in schedule 2, page 174, line 29 at end insert— “Greater London Council (General Powers) Act 1973 7A In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)— (a) in paragraph (a), after ‘person’ insert ‘otherwise than under or by virtue of an assured tenancy’; (b) after that paragraph insert— ‘(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;’”.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  9. I commend the shadow Minister for challenging me on those points. I do not have that answer to hand, so I will commit to come back to him in writing on that specific point. Question put and agreed to. Clause 28 accordingly ordered to stand part of the Bill.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  10. Clause 31 rectifies an omission to ensure that, as is the case for other specified sections where local authorities have an interim duty or discretion to provide temporary accommodation, a tenancy granted pursuant to section 199A of the Housing Act 1996 cannot become an assured tenancy. This will allow the private landlord to regain possession of their property once the local authority’s duty to provide it by way of interim accommodation ceases.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  11. It will also exclude leaseholders from the assured tenancy system, finally closing the so-called tenancy trap. It is unjustifiable, in the Government’s view, that leaseholders who have purchased their homes can face repossession for rent arrears through the assured tenancy regime. The exemption will therefore ensure they are protected. I am grateful to stakeholders for raising concerns with me over the ways the clause could be undermined or abused. Let me be clear: we will not tolerate attempts to get around the abolition of section 21 by abusing this clause. I am therefore considering whether any action is needed to ensure that the system operates as intended, and that no abuse of the system can take place.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  12. With this clause, we turn to chapter 2 of part 1, which deals with tenancies that cannot be assured tenancies. The clause excludes from the assured tenancy regime fixed-term leases of more than seven years, which is particularly relevant for leasehold homeowners and those who purchased via shared ownership, who can sometimes be legally considered tenants under the assured regime despite having purchased their property. The clause will therefore exclude entirely such fixed-term leases and any others over seven years in length from the assured regime, thereby supporting the continued operation of shared ownership and providing additional security to shared ownership homeowners by exempting them from the grounds for eviction in the Housing Act 1988.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  13. I thank the shadow Minister for that point; it is well made and well understood. As I will write to him on the subject of no recourse to public funds, I will ensure that that point is also covered in our correspondence.

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  14. That is a niche point—one of many we have had on some of the more technical clauses. That is not a concern that has been expressed to the Government in relation to this clause or other aspects of the Bill, but I will commit to go away and deal with that set of issues relating to temporary accommodation and no recourse to public funds in the round. I will give Committee members a full and detailed answer on each of the points that have been raised. Question put and agreed to. Clause 30 accordingly ordered to stand part of the Bill. Clause 31 ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. — (Gen Kitchen.)

    RENTERS' RIGHTS BILL (FOURTH SITTING) · 2024-10-29 · READ IN HANSARD

  15. Stretton Hall is one of seven sites that the Government have identified to date that we believe would benefit from support through the new homes accelerator, which is a joint programme between the Department and Homes England aiming to speed up the delivery of large-scale housing developments across England.

    NEW HOMES ACCELERATOR PROGRAMME: STRETTON HALL · 2024-10-28 · READ IN HANSARD

  16. I thank the hon. Gentleman for his question. I have not had the opportunity to visit the site, but I intend to do so in the future, along with the other new homes accelerator sites. On the point of principle, to meet housing demand and housing need in England, every area of the country must play its part. The site in question is currently being promoted in both the Harborough local plan and the Oadby and Wigston local plan, as it crosses the boundary of both local authorities. Although I appreciate that it does face a number of planning and enabling challenges, the Government believe that it nevertheless has the potential to make a significant contribution to housing supply in Leicestershire.

    NEW HOMES ACCELERATOR PROGRAMME: STRETTON HALL · 2024-10-28 · READ IN HANSARD

  17. The Government are committed to ensuring that those living in the rented and leasehold sectors are protected from abuse and poor service at the hands of unscrupulous property agents. The Government will set out our position on the regulation of letting, managing and estate agents in due course.

    PROPERTY MANAGEMENT SERVICES · 2024-10-28 · READ IN HANSARD

  18. I thank the hon. Gentleman for that question, and I am sorry to hear about Paul’s experience with that particular property management company—an experience that will, I know, be reflected in the experiences of many others across the country. There are two existing routes to redress in such circumstances, the property redress scheme and the property ombudsman scheme, to which people can submit complaints. I will happily write to the hon. Gentleman to set out in full the various sources of advice and support and the avenues for redress that his constituent might pursue before we bring in more fundamental changes to the regulation of the sector.

    PROPERTY MANAGEMENT SERVICES · 2024-10-28 · READ IN HANSARD

  19. I thank my hon. Friend for that question. I am more than happy to look into what more can be done by convening to get the various interested parties around the table. The Government are committed to implementing the provisions of the Leasehold and Freehold Reform Act 2024, which includes measures to increase the transparency and standardisation of service charges and empower leaseholders in that way.

    PROPERTY MANAGEMENT SERVICES · 2024-10-28 · READ IN HANSARD

  20. The Government are making rapid progress on reforming our planning system. We launched a consultation on proposed reforms to the national planning policy framework within our first month in office, and my Department is analysing responses with a view to publishing a Government response before the end of the year. As was set out in the King’s Speech, we intend to bring forward a planning and infrastructure Bill in this parliamentary Session to accelerate the delivery of high-quality infrastructure and housing.

    PLANNING REFORM · 2024-10-28 · READ IN HANSARD

  21. I thank my hon. Friend for that question. I assure him and the House that the Government are committed to securing better environmental outcomes alongside facilitating the development that our country so desperately needs. In our consultation on proposed reforms to the NPPF, we made it clear that land safeguarded by existing environmental designations will maintain its current protections. We are exploring how we might streamline house building and infrastructure delivery by using development to fund nature recovery where both are currently stalled. However, we have made it clear that we will act with legislation only when we have confirmed to Parliament that the steps we are taking will deliver positive environmental outcomes.

    PLANNING REFORM · 2024-10-28 · READ IN HANSARD

  22. I wrote to local leaders in the greater Cambridge area a few weeks ago to make it clear that the Government believe the area is a site where we should take forward nationally significant housing growth. We will set out further details in due course, but the hon. Gentleman will be aware that the Cambridge growth company is taking plans and pulling together an evidence base to set out precisely what the scale of development should be and how it should take place in that area.

    PLANNING REFORM · 2024-10-28 · READ IN HANSARD

  23. The Government attach great importance to the green belt, including the more than 20,000 hectares in the borough of Waverley in the hon. Gentleman’s constituency. In planning terms, the green belt serves a number of specific purposes, but the fundamental aim of green belt policy is to prevent urban sprawl by keeping land permanently open. The Government do not intend to change the general purposes of the green belt or its general extent, but we are committed to taking a more strategic approach to green-belt land designation and release so that we can build more homes in the right places.

    GREEN BELT PROTECTION: FARNHAM AND BORDON · 2024-10-28 · READ IN HANSARD

  24. I am more than happy to meet the hon. Gentleman to discuss the matter further. On the principled point he raises, when local authorities are developing local development plans they can put a case forward to the inspectorate to be tested in examination, where they specify hard constraints of the type the hon. Gentleman has identified. When we talk about housing targets, we are talking about an identified housing need for a particular area, but those local plans will be tested by the inspectorate at examination to take into account some of the concerns he has raised.

    GREEN BELT PROTECTION: FARNHAM AND BORDON · 2024-10-28 · READ IN HANSARD

  25. The Government are committed to improving public health and reducing health inequalities. As part of the consultation on proposed reforms to the national planning policy framework, we sought views on how national planning policy could better support local authorities in promoting healthy communities and specifically in tackling childhood obesity. The framework already expects policies at a local level to aim to achieve healthy places, and we are considering how to ensure that a more consistent approach is taken, for example in relation to controlling hot food takeaways near schools.

    NPPF: FAST FOOD OUTLETS · 2024-10-28 · READ IN HANSARD

  26. As I said in my original response, we recently consulted on how the planning system could do more to support the creation of healthy places. I will continue to work closely with colleagues in the Department of Health and Social Care when considering next steps, as well as engaging with local authorities. As I said in answer to a previous question, my Department is analysing responses to the NPPF consultation with a view to issuing a Government response before the end of the year.

    NPPF: FAST FOOD OUTLETS · 2024-10-28 · READ IN HANSARD

  27. I thank the hon. Gentleman for that question, which is as helpful as ever. I always look at the experience of other nations on planning reform. I recently met the Housing Minister from the devolved Northern Ireland Assembly, and I will happily contact him about this specific point to see what lessons we can learn.

    NPPF: FAST FOOD OUTLETS · 2024-10-28 · READ IN HANSARD

  28. The Government intend to act quickly to provide homeowners with greater rights, powers and protections over their homes by implementing the provisions of the Leasehold and Freehold Reform Act 2024. Over the course of this Parliament, we will further reform the leasehold system to honour the commitments made in our manifesto. To that end, the Government have made it clear that they intend to publish draft legislation on leasehold and commonhold reform in this parliamentary Session.

    LEASEHOLD REFORM · 2024-10-28 · READ IN HANSARD

  29. One of the most urgent things we need to do—we are working on this at pace—is to bring into force the provisions of the Leasehold and Freehold Reform Act. As I made clear in response to an earlier question, that will increase transparency and standardisation across service charges, but we want to go further. We are committed to finally bringing the feudal leasehold system to an end, and across the Parliament that is precisely what we will do.

    LEASEHOLD REFORM · 2024-10-28 · READ IN HANSARD

  30. I thank my hon. Friend for that question and recognise his constituent’s experience. As outlined in the King’s Speech, the Government are committed to bringing the injustice of “fleecehold” private estates and unfair costs to an end. We will consult in due course on the best way to achieve that. In the interim, as I said, we need to implement the new protections for homeowners on private estates in the Leasehold and Freehold Reform Act 2024. That will create a new regulatory framework to make estate management companies more accountable to homeowners for how their money is spent.

    LEASEHOLD REFORM · 2024-10-28 · READ IN HANSARD

  31. I thank the right hon. Gentleman for raising that point. He is absolutely right that the previous Government significantly expanded permitted development rights after 2013. We acknowledge the criticism of those expanded rights, particularly because of the low-quality development that they have brought forward. He raises a specific issue for leaseholders, but the problem goes wider than that. I am more than happy to give consideration to the point he raises.

    LEASEHOLD REFORM · 2024-10-28 · READ IN HANSARD

  32. I thank the hon. Gentleman for that point, though it is not about leasehold but about the private rental sector. Our Renters’ Rights Bill, which is currently in Committee, poses no threat to good landlords. Indeed, it will improve the situation for good landlords by driving out unscrupulous and rogue landlords from the system. As part of that Bill, landlords have robust grounds to take back possession of their properties when it is appropriate to do so. What they cannot do is arbitrarily evict tenants through section 21. We will finally abolish section 21 no-fault evictions where the previous Government failed to do so.

    LEASEHOLD REFORM · 2024-10-28 · READ IN HANSARD

  33. As the shadow Minister will know from our exchanges in the Renters’ Rights Bill Committee, the Government have absolutely no plans to introduce rent controls in any form.

    TOPICAL QUESTIONS · 2024-10-28 · READ IN HANSARD

  34. It is incredibly important that the relevant infrastructure, amenities and services are in place. We have taken a number of steps to better support that in the short period we have been in office, not least through the national planning policy framework, but there is more to be done in that area. I will keep it under very close review.

    TOPICAL QUESTIONS · 2024-10-28 · READ IN HANSARD

  35. The national planning policy framework is very clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, including flood plains. We consulted in the national planning policy framework consultation and sought views on how the planning system can more effectively manage flood risk. As I say, my Department is analysing responses, with a view to publishing a Government response before the end of the year.

    TOPICAL QUESTIONS · 2024-10-28 · READ IN HANSARD

  36. Personally, we want to prevent evictions. Landlords do not go around evicting tenants willy-nilly, but when they have a legitimate case, we do expect it to be dealt with expediently. To me, court reform looks like sifting the cases more appropriately and more speedily; digitising that process so you see the ping and the pong of the evidence going backwards and forwards; and, when you get possession, an automatic link to the bailiff, rather than having to reapply. Those are three tangible things. Ultimately, though, it is seven months at the moment, and it needs to be lower.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  37. You have the admin part of the sausage factory at the beginning, because it is not so much about the number of judges. I sit as a magistrate and I often sit around waiting for cases to come to me and to be input into the new common platform. There are delays built into the administrative process that cause frustration. The other issue we have seen is the wait for a bailiff. Once you have patiently waited for your court hearing date and you have possession, that will be what it will be, but waiting for a bailiff can take months in some areas. Sometimes there are really poor excuses—earlier this year, we saw the stab-proof vests not being available. If it is a high-risk area, you need somebody waiting out in the car and somebody on the door. London is predominantly a high-risk area, which is why we see such slow eviction timescales.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  38. On the understanding that —I think you will accept this—not every section 21 notice will read across to a section 8, so there will potentially be a bit of an increase, what do we need to see on the section 8 side and the tribunal side to ensure that the system is fit for purpose at the point that we switch it on? Ben Beadle: I have a couple of things to say on this, Minister. I agree that court reform has been almost like the Colonel’s secret recipe—nobody quite knows what is in it or what it looks like. It is incumbent on us to define what “the courts are ready” means in practice. For us, there are two or three areas that could be improved. First, we are getting many reports of applications that are made to the court actually running out of time because they have not been processed in time.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  39. Q I have three questions, starting with court improvements. There is a shared understanding between the sector and the Government that ensuring that the Courts and Tribunals Service is prepared for the implementation of the new tenancy regime is essential. You all know that we took issue with the previous Government’s legislation, which made the tenancy regime hostage to unspecified court reforms. You mentioned investment, and I wanted to press you on precisely the type of improvements you want to see. You know that, together with colleagues in the Ministry of Justice, we are already taking forward improvements towards digitising the court possession process. What are the metrics you want to see in that process as improvements?

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  40. We have had extensive discussions with the first-tier tribunal. Not many people challenge their rents at the moment; I think we all accept that. We want tenants to be able to challenge their rent, particularly if it is unfair or subject to a significant increase. But the way the Bill is constructed means there is no barrier, or no disincentive, to challenging your rent, and I do not think it quite strikes the balance. First, the tribunal can only award or downgrade the rent so, as a tenant, I have nothing to lose. Secondly, with the way the implementation is being put across, you run the risk of a real deluge on a system that is, frankly, antiquated—you have to fill out a Word document and email it to all parties.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  41. Q What do you think we should look at for options around improved alternative dispute resolution mechanisms? Ben Beadle: One of the things with section 21 is that you have an accelerated process because it is a matter of fact—if you have served all your relevant documents, it is “Tick, tick, tick. Away you go.” I think there is some merit in using that system for undisputed or very hard cases of mandatory grounds, such as where you have significant rent arrears and, although the landlord has tried, there is no chance of recovering that tenancy—hopefully the landlord has followed our pre-action protocol to signpost tenants where they need to go. There are some elements of the system that could be reused. The other part is away from the court system and into the first-tier tribunal.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  42. Q Would you accept the corresponding argument from the other side that there are already very low numbers of tenants taking their cases to tribunal, and that if each of those tenants is looking at potentially one, two or three months’ worth of arrears if they challenge a rent increase and fail, that will act as a powerful disincentive against anyone going to tribunal at all? Ben Beadle: But that rent will not be applied until the date of the hearing, as I understand it, so although I understand the counter-argument, Minister, the point is that you could actually challenge a rent increase. You serve your two months’ notice; you challenge it; you wait for the tribunal to deal with it; you have your hearing cleared; and the landlord either gets it or the amount gets lowered, but that money is then not backdated.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  43. Q That is useful. So you accept the “not backdating” point. I thought you took issue with the backdating and wanted it at the point of— Ben Beadle: No, no—well, I take issue with it, in that it is not fair and it is not proportionate in the circumstances, and it will do nothing to help on court reform. That is why we have set out a managed implementation for these things. I totally get your point that it was held hostage previously, but there are some really fundamental points around the court system being on its knees, and I think there is a way of implementing regulations so that that is mitigated. The first-tier tribunal is a classic example of where you could make some nips and tucks to what is set out, to protect the first-tier tribunal from a steep rise in cases because it will not be able to cope.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  44. Enforcement is something that we absolutely need, and I know there is not the resource for it.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  45. I think that that would be amazing, but I actually think that we should go a step further. A long time ago, the Lettings Industry Council came up with a model of a property MOT. Think about how you MOT your car, and it is checked in the background that you have got your tax and your insurance. We could do that with properties. We could have very easy and simple pre-let checks, so that a property is viewed visually. You have energy performance certificate providers that go and do their EPC checks, and you could easily have online or face-to-face training for providers to do a visual check so that you can see if you have damp and mould, slips and trips or other things. I think that it could be done very cost-effectively, and I think that the portal would pay for itself as well as providing local authorities with some income for enforcement.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  46. My fear is that the database could end up just being a landlord database, with the landlord’s name, the property details and the address, so that the local authorities know where those landlords are. That is part of it—I completely accept that—but I think that we have a huge opportunity with this landlord database, and so much could be done with it. We really could reach a situation where we could stop properties that are not fit for purpose being let, if the database is built with that end in mind and we can digitally upload certificates. I think that we absolutely need central registers for gas and electric, and we need one standard certificate for each so that they can easily be read digitally to see whether they are in date, whether there are any code 1s and all sorts of things.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  47. Q Understood. By the way, there is no dispute on the Government side of the Committee as to the fact that the court system is on its knees after the past 14 years. I have one last general question, which maybe you could come in on, Theresa. There are broad framework powers in the Bill for both the database and the ombudsman. The database will be critical for landlords in understanding their obligations and demonstrating compliance, and the ombudsman will potentially provide routes to landlord-initiated mediation. As we come to flesh out the detail in secondary legislation, what do you want the database and the ombudsman to do? What is the most critical thing, from a landlord point of view? Theresa Wallace: I am very supportive of both, and I think we definitely need both.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  48. Q Thank you both for coming to give evidence to the Committee. Can I pick up on two points? The first is on rent increases. The Government have been very open that we have no plans to implement rent controls, and we have been clear about our reasons why. I take the point that you might have a different view, but we will set that to one side for the moment. What are your concerns around how the process in the Bill could be used by landlords as an effective section 21 by the back door? Perhaps we can have a bit of an exchange about this, but why do you think it does not provide that protection against unreasonable, within-tenancy rent increases? Tarun Bhakta: It is difficult to set that to one side, so you will forgive me if I do not.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  49. The average size of a rent increase permitted by the tribunal in the last hundred cases was 23%. The majority of renters tell us that they could not afford a rent increase of more than 10%, yet two thirds of cases in the last 100 cases in the tribunal ended with a rent increase for a tenant of 10% or more.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD

  50. Q But how would you improve the provisions in the Bill? Tarun Bhakta: First, we believe that the Government need to look at the proportions by which rents are increased. Currently, the tribunal is able to access only the eventual rent, whether or not that is a market rent, so in effect it works with a ceiling, rather than looking at the proportions of rent increases. This is really important, because through the tribunal and our services outside the tribunal we see very large proportional rent increases. This is what matters to tenants: they cannot afford large proportional increases in their rent because of that shock, particularly where they are on fixed incomes and receive housing benefit or pensions. The data at the tribunal is really telling.

    RENTERS' RIGHTS BILL (FIRST SITTING) · 2024-10-22 · READ IN HANSARD