New Clause 1 - Social housing leases: remedying hazards

Part of Social Housing (Regulation) Bill [Lords] – in the House of Commons at 2:53 pm on 1 March 2023.

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Photo of Rosie Winterton Rosie Winterton Deputy Speaker (First Deputy Chairman of Ways and Means) 2:53, 1 March 2023

With this it will be convenient to discuss the following:

Amendment (a) to new clause 1, after “Social housing leases:” insert “prescribing and”.

Amendment (b) to new clause 1, after “comply with all the prescribed requirements” insert

“under regulations made under this section and section 10B”.

Amendment (c) to new clause 1, after “regulations under subsection (3) insert “or section 10B”.

Amendment (d) to new clause 1, after “sections 68 and 72 of that Act).”, insert—

“(8) Any provision of a lease or of any agreement relating to a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports—

(a) to exclude or limit the obligations of the lessor under the covenant implied by section 10A(2), or

(b) to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of the lessee enforcing or relying upon those obligations.

(9) Where in any proceedings before a court it is alleged that a lessor is in breach of an obligation under the covenant implied by section 10A(2), the court may order specific performance of the obligation (regardless of any equitable rule restricting the scope of that remedy).

(10) Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.”

Amendment (e) to new clause 1, leave out line 50.

Amendment (f) to new clause 1, leave out lines 79 to 81.

These amendments seek to strengthen Gov NC1 by clarifying the relevant prescribed requirements at 10A(2), making clear the extent of their application, inserting non-avoidance and non-penalisation provisions and detailing where courts may order specific performance of certain obligations.

Government new clause 2—Power of housing ombudsman to issue guidance to scheme members.

Government new clause 3—Action after inspection.

Government new clause 4—Secretary of State’s duty to give direction about providing information to tenants.

New clause 5—Persons engaged in the management of social housing to have relevant professional qualifications—

‘After section 217 of the Housing and Regeneration Act 2008 (accreditation), insert—

“217A Professional qualifications and other requirements

(1) The Secretary of State may, by regulations, provide that a person may not engage in the management of social housing or in specified work in relation to the provision of social housing unless he or she—

(a) as appropriate professional qualifications, or

(b) satisfies specified requirements.

(2) Regulations specifying work for the purpose of subsection (1) may make provision by reference to—

(a) one or more specified activities, or

(b) the circumstances in which activities are carried out.

(3) Regulations made under this section may, in particular, require—

(a) the possession of a specified qualification or experience of a specified kind,

(b) participation in or completion of a specified programme or course of training, or

(c) compliance with a specified condition.

(4) Regulations may make provision for any of the following matters—

(a) the establishment and continuance of a regulatory body;

(b) the keeping of a register of qualified social housing practitioners;

(c) requirements relating to education and training before and after qualification;

(d) standards of conduct and performance;

(e) discipline and fitness to practise;

(f) removal or suspension from registration or the imposition of conditions on registration;

(g) investigation and enforcement by or on behalf of the regulatory body, and appeals against the decisions or actions of the regulatory body.”’

This new clause would require managers of social housing to have appropriate qualifications and expertise.

New clause 6—Application of Freedom of Information Act 2000 to registered providers—

‘Within six months of this Act receiving Royal Assent, the Secretary of State must by order designate registered providers of social housing as public authorities for the purposes of the Freedom of Information Act 2000.’

This new clause would bring registered providers of social housing within the scope of the Freedom of Information Act 2000.

New clause 7—Regulator duty to ensure continuity of secure and assured tenancy in cases of threat to safety—

‘(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) After section 92K insert—

“92KA A Duty to ensure continuity of secure and assured tenancy in cases of threat to safety

(1) Duty to ensure continuity of secure and assured tenancy in cases of threat to safety

(a) a registered provider of social housing has granted a secure tenancy or assured tenancy of a dwelling-house in England to a person (whether as the sole tenant or a joint tenant), and

(b) the registered provider is satisfied that there is a threat to the personal safety of that person or of a member of that person’s household which means there is a risk to their personal safety unless they move.

(2) When subsection (1) applies, the regulator must ensure that the registered provider grants the tenant a new secure tenancy which is—

(a) on terms at least equivalent to the existing tenancy; and

(b) a threat of targeted youth or gang violence.

(3) In this section, a “threat to personal safety” means any threat of violence, including in circumstances of—

(a) domestic abuse where the perpetrator does not live at the same address as the victim;

(b) an escalating neighbour dispute;

(c) a threat of targeted youth or gang violence.

(4) In assessing the threat under subsection (1)(b), the registered provider must act in accordance with any relevant police advice provided to—

(a) the registered provider,

(b) the tenant, or

(c) any member of the tenant’s household.

(5) In the event that a registered provider is unable to ensure the provision of an appropriate new secure tenancy pursuant to subsection (2), the regulator must ensure that the registered provider concerned co-operates with other registered providers to ensure an appropriate new secure tenancy is provided in a timely manner.”’

This new clause would require the regulator to ensure that tenants whose safety is threatened are granted alternative accommodation by their housing provider on equivalent terms to their existing tenancy. It also requires the regulator to ensure that a provider which is unable to provide appropriate alternative accommodation co-operates with other providers to do so.

New clause 8—Regulator duties relating to supported exempt and temporary accommodation—

‘(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) In section 192 (Overview), in paragraph (a), after “social housing” insert “, supported exempt accommodation and temporary accommodation”.

(3) In section 193 (Standards relating to consumer matters), in paragraph (a), after “social housing” insert “, supported exempt accommodation and temporary accommodation”.

(4) After section 195 (Code of practice) insert—

“195A Regulation of codes of guidance issued by the Secretary of State

The regulator shall have a duty to inspect local housing authorities as to their compliance with any code of guidance issued by the Secretary of State under section 182 of the Housing Act 1996”’.

This new clause would enable the regulator to set standards for the provision of supported and temporary accommodation, make the regulator responsible for enforcing any Code of Guidance issued by the Secretary of State relating to local authorities’ duty to provide temporary accommodation, and give the regulator the ability to inspect local authorities for compliance.

New clause 9—Review of impact of this Act—

‘(1) The Secretary of State must, within one year of the passing of this Act, carry out a review of the impact of this Act.

(2) A review under this section must make an assessment as to whether the Act has improved the safety and quality of social housing both in its own terms, and in comparison to the safety and quality of housing in the private rented sector.’

This new clause would require the Government to undertake a review of the impact of this Act.

Amendment 41, in clause 1, page 1, line 10, at end insert—

“(d) after paragraph (d) insert—

‘(da) to safeguard and promote the interests of persons who are or who may become homeless in relation to the provision of social housing.”’

This amendment would add to the regulator’s remit an additional objective of safeguarding and promoting the interests of persons who are or who may become homeless in the context of the provision of social housing.

Amendment 42, page 1, line 10, at end insert—

“(2) In section 92K of the Housing and Regeneration Act 2008 (fundamental objectives), after subsection (3) insert—

‘(3A) In undertaking its objective under subsection (2)(b) the regulator must report to the Secretary of State at least every three years on whether the provision of social housing in England and Wales is sufficient to meet reasonable demands, and must make recommendations to the Secretary of State on how to ensure that the provision of social housing is so sufficient.

(3B) The Secretary of State must lay before Parliament a copy of any reports prepared by virtue of subsection (3A).

(3C) In undertaking its objective under subsection (3)(a) the regulator must report to the Secretary of State on the progress of the removal of unsafe cladding and the remediation of other fire safety defects in social housing, and may make recommendations to the Secretary of State on further action required.”’

This amendment would include in the regulator’s objective a requirement to report to the Government on the removal of cladding. It would also require the regulator to report to the Government on the adequacy of the stock of social housing, and lay a copy of any such report before Parliament.

Amendment 37, in clause 2, page 1, line 18, at end insert—

“(2A) The Panel may provide information and advice to the Secretary of State about, or on matters connected with, the regulator’s functions and wider issues affecting the regulation of social housing (whether or not it is requested to do so by either the regulator or the Secretary of State).”

This amendment would enable the Panel to provide information and advice and to proactively raise issues affecting social housing regulation more generally directly to the Secretary of State.

Amendment 38, page 1, line 19, leave out “subsection (2)” and insert “subsections (2) and (2A)”.

This amendment is consequential on Amendment 37.

Amendment 36, page 2, line 17, at end insert—

“(8) The Panel must be chaired by a tenant of social housing.

(9) The Chair is responsible for setting Panel meeting agendas.

(10) The majority of persons appointed to the Panel must be tenants of social housing.”

This amendment would ensure that tenant representation on the advisory panel is mandatory and that tenants are able to influence effectively what information and advice is presented to the regulator in respect of issues affecting social housing regulation.

Government amendments 4 to 10.

Amendment 39, page 17, line 16, leave out clause 21.

Government amendments 44 to 47, 11 and 12.

Amendment 40, in clause 28, page 23, leave out lines 23 to 26 and insert—

“(a) the inspection of every registered provider within four years of the commencement of this Act,

(b) the inspection of every registered provider at intervals of no longer than four years thereafter, and”.

This amendment would ensure that the regulator is required to carry out regular inspections of every registered provider.

Amendment 43, in clause 30, page 28, line 39, leave out “24” and insert “48”.

This amendment is intended to probe why an authorised person must only give 24 hours’ notice to tenants under this section, whereas providers are given 48 hours’ notice.

Government amendments 13, 2, 15 to 34, 14, 35, 1 and 3.