← 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 64 of 104.

  1. It is common across Europe to limit the proportion by which rent can increase during tenancies. The purpose of that is not to bring down rent or tackle affordability in any major way, but to protect people from those disproportionate rent increases that force them out of their homes. In the tribunal there is evidence of landlords, where they are not able to secure section 21 eviction for whatever reason, turning to rent increases. There are at least four cases in that 100—this is only where the tribunal have provided background notes, which is not very common—where a landlord has clearly sought to evict the tenant and has not been able to, so has turned to a very large rent increase, and all the tribunal has been able to do is permit a large rent increase. In many of those cases we assume the tenants will have had to leave the property.

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

  2. Q To be clear, that is because the tribunal is saying that the previous rent is so far below what it judges to be the market rent? Tarun Bhakta: That is exactly right, and 16 of the 100 cases we looked at saw an eventual rent increase of more than 40%. We know, both through our services and through our research, that that is not manageable for tenants. That is the kind of rent increase that pushes tenants out of their homes or into debt. The problem is using a ceiling of market rent to judge the eventual rent increase. Setting limits on proportional rent increases is commonplace across Europe. I know the Government have said they will not introduce any measure of rent controls, but it is quite unhelpful to lump all rent controls together when there is such a range. Rent controls is not a policy, but a category of policies.

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

  3. The reason we do not think there will be a flood of cases to the tribunal and the reason we would not advise tenants to do that is that, if you look at this evidence, there is very little that the tribunal is able to do at present to address those large rent increases. We would not advise tenants to simply delay the inevitable, because, looking at the data, a large rent increase is somewhat inevitable—it might not be the exact rent increase the landlord asked for in the section 13 notice, but there is strong evidence that the tribunal will permit a very large rent increase.

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

  4. What would you say to the charge that the decision the Government have made, to put the point of payment when the tribunal makes its determination, will see a flood of cases come in and all advice groups will tell tenants to take every single rent increase to tribunal? Tarun Bhakta: We are often accused of plotting to tell everyone to take things to court. We do not think that would be the case. As you say, we want more tenants to be able to challenge their rent increase at tribunal because, particularly in the last couple of years, we have seen extremely large rent increases for tenants during tenancies.

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

  5. Q To pick up the point made by the previous witnesses, we took the view, which is quite finely balanced, that the potential disincentives to landlords of losing potentially up to three months’ rent increase—though we want to bring the tribunal process timelines down—could be accommodated by the sector, as opposed to tenants being disincentivised to take the case to tribunal in the first case by having the rent increase kick in from the point that the section 13 notice was served. You heard the concerns from the previous witnesses about how that would operate and the unfairness of that. With your experience, how would you say the new system would operate? We have been very clear that we want more tenants to take challenges to tribunal, though we do not want the tribunal overwhelmed.

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

  6. For us, the role of the portal is to establish what the actual rents are—a basis that everyone can proceed on together, rather than it being some debated fact. There is a real role there for making that stuff public and known. Then you get two well-informed sides of an argument.

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

  7. The tribunal will do some of that work, but tenants are expected to, or generally do, provide evidence at the start. Tom MacInnes: From our perspective, it is basically exactly that: people do not have the time or, really, the capacity to take these things to tribunal, and they often decide that it is not worth it. To the point about the data available out there about what a reasonable or market rent is, there are so many different sources. Even at an Office for National Statistics level, there is not complete agreement. We really welcome the end to bidding wars, for instance, for new tenancies, but our concern is that an unintended consequence might be that a landlord would put in a very high price to start with and then bring it down, and it is that high price that gets logged and sets the market rate.

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

  8. The vast majority of tenants do not want to go through these processes. It is not fun—it never has been fun—but there is also the fear of what might happen and of how it might damage the relationship with the landlord. All those things weigh heavy on tenants’ minds. That is a really important factor to consider. The proposals that we have for limiting rent increases would, in effect, do away with the need for tribunal decisions, but for a very rare and small amount of cases. When it comes to the actual process of tribunal, there is such poor data out there about rents in the wider sector that it is very difficult for tenants to gather that evidence. It is somewhat on them; it is also on the landlord, but it is somewhat on them to gather and provide that evidence.

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

  9. Q Could you quickly set out to the Committee the process of going to tribunal, for those who are not aware of it? There is sometimes in the commentary this idea that it is incredibly easy, which is put paid to by the very low numbers that go. What is the process? It is onerous in many ways, so am I right that it is a significant jump for tenants to take a case to the tribunal in the first place? Tarun Bhakta: Yes, absolutely. Before I talk about what the process looks like for tenants, which Tom can maybe add to, we need to understand that, for tenants who do not interact with courts or tribunals or anything like that in their daily lives, going through one of these processes, whether we know it to be arduous or not, sounds and feels scary to tenants. That is really important to understand.

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

  10. Q One final question, just so that I have understood your concern. Do you question whether the tribunal has the expertise to look at all of the sources of data and evidence that are out there in relation to rents, and to make a fair assessment about market rent? Tom MacInnes: I do not know whether it is about expertise, but it is simply an observation of what always happens—it tends to end up on the high side. What the rates are is just so contested.

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

  11. It’s a lonely, terrifying feeling, and it’s hard not to feel defeated by this constant struggle.” It is important for people like Ayesha—given what is being said in this Committee, this Government and this Parliament as a whole; every MP in this room promised to end section 21 and, in more words or less, promised a fairer deal for renters—that this Bill takes the opportunity to resolve these issues. Maybe we will come to this, but we believe that that will involve limiting the ability for landlords to raise rents—not raising them to the market rate, but instead limiting them to the level of inflation or wage growth, so that rents begins to match the real, lived experience of people who are renting.

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

  12. I want to take a moment to talk about someone I will call Ayesha from Hertfordshire. She is a schoolteacher and a single parent, and she has been struggling to keep up with the relentless rises in rent that she has faced in recent years. She says, “There are moments when I feel so overwhelmed and exhausted, like I’m carrying the weight of the world on my shoulders. I try to stay strong for my children, but the stress and anxiety are always there, lingering in the background. I just want to provide them with the life they deserve, but with the way things are going I fear that I might not be able to.

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

  13. Ben Twomey: We are delighted that the Government are pressing on with this work very quickly, and there is a promise in the manifesto to end section 21 immediately—as quickly as we can get this law passed. That is really welcome, as it will protect people from homelessness. There are also lots of things in the Bill that I have no notes on. For example, the bidding wars legislation seems well-written; it seems like it will make a genuine difference to people like me, who have experienced being invited to bid on homes just because we reached the front of a queue and the landlord realised that they could up the rent. Some of the provisions—including the introduction of Awaab’s law into private renting—are beginning to create more of an even playing field, as you say, for renters compared with other tenures.

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

  14. The Resolution Foundation said this year that “the UK’s expensive, cramped and ageing housing stock offers the worst value for money of any advanced economy.” The private rented sector is the worst of our ageing housing stock; in fact, it is the worst of the worst. It is the least secure, the worst quality and the most expensive of the housing tenures in this country, and we have the worst of any major country in the world. That is embarrassing and that is what we are talking about here. We need root and branch reform. We are happy that the Government have acknowledged that more significant reforms are required than those that the previous Government put forward, but we still need to see some changes to the Bill to go even further and deal with the scale of the crisis we are dealing with.

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

  15. Q Thank you, gentlemen, for coming to speak to us this morning. It would not be a Bill Committee evidence session if every interest group was not telling us that it had a way to improve the Bill in some way and from different perspectives. We have heard a lot this morning about the various concerns and how they are being addressed. In general terms, however, particularly given your concerns about the previous Government’s Renters (Reform) Bill, do you think this Bill strikes the right balance and levels the playing field between landlord and tenant? Tom Darling: I will start by introducing the situation in the private rented sector as it is today.

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

  16. Tom Darling: Can I briefly answer the point around supply? You heard my analysis of the situation in the private rented sector earlier. It is worth saying that since the year 2000, the private rented sector has doubled in size. Those are the outcomes that we are dealing with now. It is the worst tenure in the worst advanced economy, and that is after 20-plus years of investment ploughing into the sector and it growing massively. Right now, we are living the experiment of what happens if you try to cannibalise the existing housing stock and turn it into an ever-increasing private rented sector.

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

  17. At the moment, if you were looking at the market rate, you would have a lot of confusion. As a tenant or a landlord, you would not necessarily know where you were going to place the rent rise or whether you would come out the other end of the tribunal happy with the result, whereas if you link to inflation or wage growth—whichever is lower—you can place a number on that every year or every month, if you want to. With that number, all renters would be empowered to know their rights. Landlords would not risk going to court, because they would know that they were within the safe amount that they could raise the rent by, and it would become a much clearer process for everybody, rather than an obscure, complex and financially burdensome process for tenants and landlords, and for the Government to implement.

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

  18. The use of the market rate is flawed, to say the least. It is not real; it is a made-up number. It is not the actual rent, it is not a transaction, and it is not even an agreed rental price, but the advertised price that a landlord has put out there. More than one in five homes advertised on Rightmove in the last year had to be re-advertised at a lower rent before they were actually let. That really skews the figures, because landlords will seek higher rents to begin with, and what is actually agreed by the tenant is very different. Looking at actual rents would be useful, and that should be recorded on the property database. There is the matter of linkage as well, which relates to the first-tier tribunal if that is going to be used as the mechanism to challenge rent increases.

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

  19. We have heard about the supply challenges, impact on property standards and the very practical concern that if we implement an inflation-linked or wage growth cap, every single landlord in the country will raise rents every year to that cap, whether they would have done so under the current system or the system we propose or not. You must engage with the challenges on the other side from the measures you propose. Ben Twomey: I am very happy to. The idea of raising to the cap just does not happen in many countries; landlords do not do that. When you have a sitting tenant, I guess there are elements of the risk being reduced once you know that person, and that is not really accounted for when you take on the market rate. There is also an element of knowing the human being in the home, which changes the behaviour of landlords to some extent.

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

  20. Q Let us come on to that, because the Government obviously will argue that the provisions in the Bill, and how we have overhauled and strengthened it from the perspective of tenants, are designed precisely to help people like Ayesha, who are struggling with the insecure and unfair system that exists. We take no issue with Tom’s analysis of the problem; that is why we designed the Bill in the way that we have. On rent increases, Ben, I understood that you were effectively talking about a cap—to the level of inflation or wage growth. A previous witness rightly drew our attention to the nuances around different forms of rent control. Given the evidence out there across the world, which I have looked at in great detail, do you not have any concerns about the potential negative impact on supply discouraging investment into the sector?

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

  21. If we want to make sure that landlords are not punished because they were not aware of their obligations, perhaps a smaller rent repayment order would at least give some incentive to a tenant to raise the issue on that first offence. More thought needs to be given to how to stop rent-hike evictions that could happen later, because a rent hike, being an eviction by the back door, could be another way in which I as a tenant or someone else pursuing that would feel insecure, were we to come into conflict with the landlord.

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

  22. He talked about an “army” of tenants who could be ready to enforce the legislation. That only works if it is really clear what their rights are and the route to achieving the compensation or repayment of rent is straightforward. There is another area that could be strengthened. At the moment, if a landlord is not registered with the database or the ombudsman—the redress scheme—they need to have repeat offences before a rent repayment order is available. If I, as a tenant, found that my landlord was not registered, I would have to challenge that, wait for the local authority to make warnings based on what I had said, and then continue to live in the home, feeling probably much less secure than I previously did, without receiving a rent repayment order.

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

  23. For the vast majority of tenants, after they have been evicted, they just want to move on with their lives, and they are not thinking about their previous landlord or previous home, or checking Rightmove to see whether the landlord has re-let the property and fraudulently used that eviction ground. Ben Twomey: I completely support the call from Tom for no-fault eviction compensation. That would recognise the harm of no-fault evictions to tenants, which I think every MP here has recognised, and try to disincentive the use of any new grounds of no-fault eviction. On the rent repayment orders, I will quote the late, great Simon Mullings, a housing expert who gave evidence to the Renters (Reform) Bill Committee, and who would have been here had he not sadly passed away very recently.

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

  24. One of the problems we have with the new eviction grounds—we have seen this with the poor enforcement of the new tenancy regime in Scotland—is that when the tenant moves on from the tenancy it is hard to motivate them to follow up and check that the eviction was legitimate. Our concern is that to properly enforce the system, tenants almost need to be motivated by a sort of righteous anger to get back at their landlord. That is one of the reasons why we think post-eviction evidence should be required from the landlord, and potentially no-fault eviction compensation too, where the tenant does not have to pay the last two months of rent before they leave. That way, there will be a broader-based disincentive for landlords to use those grounds.

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

  25. Some of the awards that have been increased by the Government would potentially be life-changing amounts of money for most renters. Half of renters have no savings; as a renter and someone who is very much not on the frontlines of this crisis, I try to keep that in mind the whole time. If you are getting a big award in terms of compensation of one or two years of rent repayment, because your landlord has done wrong, that is a potentially life-changing sum of money, so we are very supportive of that. I think you are right to identify that enforcement works best when the tenant is incentivised to work with the landlord. That works best when the problem is ongoing and the tenant is in situ in the tenancy.

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

  26. Q Given the time we have left, can I move us on? An important element of the Bill that often gets overlooked is rent repayment orders. We had quite a sensitive discussion on this matter under the previous Government’s Renters (Reform) Bill, but my experience has been that enforcement is particularly effective where you have local authorities geared up and tenants able to exercise their rights through rent repayment orders. Can you offer a general comment on whether you think we have gone far enough in trying to expand and strengthen the rent repayment order arrangements under the Bill? Tom Darling: I am happy to answer that. We were very supportive of the expanded use of rent repayment orders when we worked on the previous Government’s Bill. They are a great opportunity for tenants to avail themselves of the possibility for compensation.

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

  27. Q To continue the theme around rent controls and rent stabilisation, the reforms introduced in Scotland have had lots of benefits, but they introduced rent controls in a way that we are not proposing to through this Bill. Given that you have said we should not worry in any way about rent controls of any form—if I have summarised you correctly—what would your explanation be for the fact that rents have risen faster in Scotland than anywhere else in the UK, including London, since those reforms were introduced? Tom Darling: I am happy to answer that. Obviously, we have been talking a lot about Scotland, and you will hear later about the “Rent Better” report, which has essentially written the book on it.

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

  28. We would argue that if a Government with a big majority early on in their term set a clear direction on what the policy would be, landlords would be able to deal with that. You see that in European countries where there are big landlords who do just fine under systems where there are rent caps.

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

  29. That issue is highlighted in the report. Tom Darling: Yes. Our view would be that where these systems have worked, they have been part of a broader strategy that sets a clear direction for both tenants and landlords. I am sure you will have other landlord organisations here today that will talk about the need for certainty. There definitely has not been that in Scotland. There has been political instability and the chopping and changing of policy every couple of years, essentially—from the 2017 reforms to the pandemic freeze, the rent cap and now moving to a system of between-tenancy rent controls, and the latest political instability. I am sure landlord organisations will tell you that that makes it very difficult to have any certainty about what you are doing with rent levels in the future.

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

  30. I wonder whether consideration should be given to bringing that forward, so that compliance issues are not having to be directed towards local authorities, and creating pressures there. I also wonder whether the legislation could go further by, for example, amending clauses 66 and 96 to include rent repayment orders as part of non-compliance with ombudsman decisions. The Bill is rightly clear that if a landlord does not sign up to the ombudsman service then it could be subject to a rent repayment order, but it is silent on whether a landlord that is non-compliant with the ombudsman’s decisions should also be subject to a rent repayment order. I think that if you were to introduce that, that would strengthen compliance and reduce the need to direct things around the system to try to address them.

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

  31. On the database itself, I think there has to be a decision about who owns the database and is going to provide it—whether it sits with the Department or the lead enforcement agency, for example—and the pace at which it could be developed to support the introduction of the redress service. One of the other areas to consider, where there may be a pressure that emerges in the system—a pressure that I think the legislation recognises but could go further to address and relieve—is enforcement. The Government have rightly indicated that there is concern around compliance with ombudsman remedies. There was a survey in, I think, 2018 that showed 46% of private landlords not complying. At the moment, the Bill includes a kind of last resort to try to enforce compliance, which would be introduced later through statutory instruments.

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

  32. In particular, looking at clause 109, information sharing between the ombudsman service and the lead enforcement body will be vital, so codifying that role will be important. There is the tribunal, which we have alluded to. One of the really important pieces of work is to develop, very early on—I would have thought in advance of any statutory instruments—a draft scheme for the ombudsman service, and to collaborate with a number of bodies, including the courts, on what is in the scheme and therefore the decisions that the ombudsman might take, and what is outside it and clearly rests with the courts. I have given the example of section 13. The ombudsman could potentially play a role in looking at aspects of section 13, which might relieve pressure on the courts. There is then the relationship with local authorities and enforcement.

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

  33. I would say as an aside very early on that I welcome the Government’s recognition of the strategic benefits of bringing together the social rented sector and the private rented sector, particularly given the common body of existing and new legislation that is tenure blind and speaks to both the private and rented sector, whether that is the existing Landlord and Tenant Act or the potential to extend Awaab’s law and the decent homes standard. I think there is a real benefit to system coherence and the right relationships, as you highlight, and also to making sure that benefits do not unintentionally fall in the wrong place, by appointing the housing ombudsman as the provider of redress. I think there are three key relationships. There is the lead enforcement body, and working out the role of that body.

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

  34. We have been very clear already that the new ombudsman will need to work collaboratively with others to resolve complaints and that will be set out in statutory guidance. What do you think needs to be included in that guidance to ensure, in particular, that the ombudsman is working effectively with local authorities? Richard Blakeway: Those are really important questions. The Bill introduces a new framework of rights and responsibilities for both landlords and tenants and, as you set out, the ombudsman service—whoever is appointed as the ombudsman—plays a part in that.

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

  35. Q Richard, thank you for your time this morning. I have put it to other witnesses that, in general, the potential of the database and the ombudsman to make a real difference as part of the new system is often underplayed and I do not think it gets enough attention. You rightly made the point that there is a spectrum between “must” and “could”, but the intention is very clear, on the tenant side, to provide access to services to deal with complaints, and there is potential on the landlord side around landlord-initiated mediation and the role the ombudsman could play there. Can you give us your best sense of how much the new PRS ombudsman could alleviate pressures on other parts of the system, including the courts? I have a follow-up question; I will ask them in one go, Mr Betts, and leave more time for others.

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

  36. Grounds 1 and 1A are expressed as an intention, and if the intention is there, the ground is made out. If a landlord has written to the court to say, “I intend to sell”, it seems quite difficult for the court to go behind that, unless the tenant has evidence to the contrary. So partly it is around language. Intention—settled intention—needs looking at. But with different wording, a different evidential requirement may well follow—so potentially, as you say, the landlord would have to evidence engagement with an estate agent or a solicitor on a sale, or would need evidence from the relative who was intending to move in, to the same effect.

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

  37. In a sense, what we intend to do here is trust judges’ judgment on whether those grounds have been used appropriately, and we would expect the type of evidence that they look at to include things like a letter instructing solicitors or an affidavit. But do you not expect the courts to operate in that way on the basis of the Bill? Do you expect them to act in a more light-touch way, as you have suggested? It is not usual practice for Governments to force the courts to consider certain types of evidence, and if that is the case—if you accept that—where do we go to try to influence the courts to look at certain categories of evidence, to ensure that these grounds are being used appropriately? Giles Peaker: In terms of how you can specify things, to some degree, it is a question of wording.

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

  38. Q Thank you all for coming to give us your expert opinion. I have two questions, one specific and one general. First, to follow up on grounds 1 and 1A, I understand the general push for all grounds to be discretionary, but we took a view that these should be mandatory, in terms of getting that balance right. But I very much hear the points being made about evidential requirements. Could I ask you to draw out a bit further how you expect this to work? In a sense, when we talk about discretionary grounds, we are always told, “Let’s trust judges”—that was certainly the case with the previous Bill.

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

  39. Q Would you accept that this is less of a problem if we are confident that the 12-month no re-let period is enforceable? Then, in a sense, there is a serious disincentive for landlords to act spuriously. Giles Peaker: Yes, hence my talking earlier about the reason to fill in the gap between the notice seeking possession or the court order, and potential enforcement, which is a bit of a lacuna at the moment.

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

  40. The better way to solve that problem is to amend schedule 1 to the Housing Act 1988, which is the main Act you are grappling with, to say that shared ownership leases cannot be assured tenancies, and that long leases for terms of more than 21 years—which is the normal definition of a long lease—cannot be assured tenancies. And then take clause 30 out, because what will happen—as sure as night follows day, and as the entire history of housing law since 1915 shows you—is that landlords will offer seven years plus a day with a landlord-only break, because this is not an area where there is equal bargaining power. It will be, “Take it or leave it, and I’ve just brought section 21 back in through the back door.” So please look very carefully at clause 30.

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

  41. Clause 30 presently says that something will not be an assured tenancy under your new regime if it is for a tenancy of more than seven years. So I will grant you a tenancy of seven years and one day, and I will reserve to myself, as landlord, a landlord-only right to break, exercisable after six months on two months’ rolling notice. There you go: I have just recreated section 21 and there is nothing you can do about it. You need to look at clause 30 very carefully. The reason it is in there is to fix a different problem. It is there because certain shared ownership leases and certain long leases have accidentally ended up being treated as assured shorthold tenancies, so that is what you are trying to close.

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

  42. Q That is very helpful. My second question is more general, which will give each of you the chance to range a bit more freely. I know that you were engaged with the previous Bill, so you will know the debates that took place. It was very much our intention with this Bill to address the various deficiencies, omissions and, critically, the loopholes that existed. It would be good to get your views on whether you think we have broadly done that, and if not, whether there are any remaining loopholes in the Bill that you can see more disreputable landlords trying to exploit. Justin Bates KC: I will go first, because this is what we spend our time talking about. Clause 30 is wholly defective and should not be allowed to stay in this form after the Bill Committee. It is a loophole.

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

  43. However, I would suggest that you try to get that back in, so that in the more unusual cases—once this Bill has gone through—if a homeless person is given an assured tenancy in the private rented sector and it comes to an end within two years, they will be able to come back to the homelessness authority. It is section 195A of the Housing Act 1996.

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

  44. Because you are taking out assured shorthold tenancies from the homelessness regime, which allows local authorities to find people private rented sector tenancies, and you have done a lot of drafting amendments to take out the words “assured shorthold”, you have also taken out a mechanism in the Housing Act 1996 that currently allows a homeless family—where they are given an assured shorthold tenancy and that ends within two years—to reapply as homeless and where they do not have to show a priority need. It helps to deal with the revolving door of homelessness, potentially in the private rented sector. You have abolished that—I imagine inadvertently, because you are taking out the words relating to assured shortholds.

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

  45. Q Any more for any more? Liz Davies KC: I have two points. It is excellent that you have prevented bidding wars. Clause 4, I think, is about advance rent, and we were just discussing this outside. You cannot prevent bidding wars without also having a limit on advance rent of one month, because otherwise, you have outlawed bidding wars but the landlord will then be happily prepared to let to the tenant who is robust enough to be able to offer six months’ rent in advance, rather than one month’s rent. You get back to tenants’ financial circumstances in bidding—so that point is about advance rent. The other point is smaller and more technical, and is on the subject of homelessness.

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

  46. They would not necessarily fit, and it would destroy the character if you were to change that—

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  47. Q In response to the previous Government’s White Paper, “A fairer private rented sector”, you questioned whether we should look to introduce a decent homes standard to the private rented sector. Is that still your view and, if so, could you elaborate on why? Judicaelle Hammond: Yes, sure. I think it needs updating because it was designed for problems in the social sector. It might or might not be applicable to the private rented sector. It also does not deal very well with older properties, which is the vast bulk of what our members have. To judge the private rented sector against the decent homes standard as it currently is would be, I think, misleading, and it would have all sorts of unintended consequences. For example, in small cottages in rural areas, there are typically very small kitchens and so on.

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

  48. Q Sorry to pull you up, but we have not consulted on it yet. We have not told you what it consists of yet; you are pre-empting it. Is it the principle? Judicaelle Hammond: No, it is not the principle. The issue at the moment is that what we have got, which is the decent homes standard that applies to the social sector, would not work in the private rented sector in the rural context. The other thing that we do have, however, is the housing health and safety rating system and, indeed, the minimum energy efficiency standards. We reckon that that probably covers the ground, but it absolutely needs to be enforced. I think you have already got levers there. That is what we would say.

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

  49. Q Perhaps I can just check this, because I am not entirely clear: did your organisation author the Nationwide Foundation report? Anna Evans: Yes.

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

  50. We should remember—I was looking at evidence on this earlier—that landlords, certainly in Scotland, usually increase rents at a change of tenancy, not on an annual basis. What happened when rent control came in, with a range of other pieces of legislation and regulation, was that it became more of a hostile environment—that is what landlords are saying—and so as a result, they tended to hike rents up more at a change of tenancy. But we have found that most landlords want good, stable tenants for a long time. Most actually do not increase rents during a tenancy, but only take the opportunity to increase rents at a change of tenancy, and because of the environment and the hostility that they were feeling, they thought they had better increase rents at change of tenancy. Does that answer your question on rent control?

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