Baroness Janke:

Moved by Baroness Janke

134: After Clause 13, insert the following new Clause—“Right to request Fibre to the Premises (FTTP) installation(1) It is an implied term of every assured tenancy to which this section applies that— (a) a tenant may request the installation of Fibre to the Premises (FTTP) at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents;(b) such consent is not to be unreasonably refused by the landlord;(c) the landlord is to give or refuse consent in writing on or before the 28th day after the date of the request, except as provided by subsections (2) to (5).(2) Where the landlord reasonably requests further information from the tenant about the proposed FTTP installation on or before the 28th day after the date of the tenant’s request the landlord may delay giving or refusing consent until the 7th day after the date on which the tenant provides any further information that the landlord requests where the following circumstances apply—(a) the installation of FTTP at the dwelling-house would require the landlord to obtain the consent of a superior landlord under the terms of a superior tenancy, and(b) the landlord seeks the consent of the superior landlord on or before the 28th day after the date of the tenant’s request.(3) The landlord may delay giving or refusing consent until the 7th day after the date on which the landlord receives consent or refusal from the superior landlord.(4) Where the landlord and the tenant agree that the landlord may delay giving or refusing consent, the landlord may delay until whatever date is agreed between the landlord and the tenant.(5) Where more than one of subsections (2) to (4) apply, the landlord may delay until the latest date to which the landlord may delay giving or refusing consent under any of the subsections.(6) This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.”Member’s explanatory statementThis amendment introduces a right for tenants to request Fibre to the Premises (FTTP) installation, similar to the right to request keeping a pet, by ensuring that landlord consent for FTTP installation cannot be unreasonably refused and that decisions are made within a specified timeframe. This provision is intended to reduce delays in broadband infrastructure improvements in rented properties.

My Lords, in moving Amendment 134, I will also speak to Amendment 135. Both are also in the names of the noble Lords, Lord Black of Brentwood and Lord Best. I am grateful to Openreach for raising this issue with me, and to Generation Rent and the Good Things Foundation for their support. These amendments would introduce the right for tenants to directly request a full-fibre broadband installation. Tenants would be able to request from their landlord directly, who would have to decide within a specified timeframe. Landlord consent would not be able to be unreasonably refused.

Broadband was historically delivered through electrical signals in copper phone lines, but this technology faced limitations, including vulnerability to weather and limited information-carrying capabilities. A demand for connecting multiple devices grew. Copper networks have increasingly been replaced with fibre-optic cables, enabling more reliable broadband and faster download speeds for households and businesses across the UK.

Four years ago, less than a quarter of British homes and offices could access full-fibre broadband. Today, around seven in 10 premises, or 20.7 million, have access to full fibre, and gigabit-capable network coverage has increased from 40% in 2021 to 83% last year. This progress has been commendable, but there are still challenges to building this vital infrastructure, which is why I tabled these amendments to resolve an increasingly pressing matter.

Although the provision of ultrafast broadband has been mandated in new builds since 2022, tenants in older residential properties have to rely on freeholder permission to upgrade existing copper to full fibre. This can pose significant challenges to the provision of gigabit-capable broadband to residents, if landlords are difficult to identify or are unresponsive to requests for access.

It is estimated that there are hundreds of thousands of multi-dwelling units across the country whose tenants could be disfranchised from the benefits of gigabit-capable broadband. Although there are existing rights to enter communal areas in flats to repair the ageing copper network, providers cannot use these same rights to upgrade tenants to the latest technology, despite the benefits it brings.

Although the telecommunications code was amended in 2022 to help broadband providers get access to multi-dwelling units by providing a tribunal process, this route is often very ineffective, takes a great deal of time and cost, and results in properties still being bypassed. The law also allows providers to apply to the tribunal only when a tenant has asked for a broadband service, but if the building does not already have a fibre network in place, there is no service available for the tenant to request. As a result, tenants, often in lower-income areas, will be left with slower, outdated broadband options, restricting their ability to access vital public services, work remotely, and access online education.

Amendments 134 and 135 would enable all network operators across the country to play their role in tackling the digital divide caused by a failure to enable renters to access full-fibre broadband. These amendments would provide a solution to this urgent and pressing matter, and there is no reason why someone in a third-floor flat should have less opportunity than someone in a terraced home.

My amendments to introduce the right to request full fibre installation from the landlord would empower more households to access faster, more reliable broadband sooner. It is a cost-neutral lever the Government can pull now to help close the digital divide, while supporting their commendable digital inclusion aims, and ensure that premises across the country are not left behind, with their tenants unfairly disadvantaged socially and economically. I look forward to hearing the Minister’s response and wonder whether she has alternative solutions for addressing this problem. I beg to move.

My Lords, I have added my name to Amendments 134 and 135, tabled by the noble Baroness, Lady Janke, as has the noble Lord, Lord Black of Brentwood. The amendments seek to address a very real problem, as the noble Baroness described. Some renters are being prevented from getting advanced broadband because their landlord has not given consent for the installation of fibre to the premises, or FTTP. Openreach, by far the biggest provider, estimates that over 900,000 households in private rented accommodation are affected.

Access to fast, reliable broadband is vital to make a GP appointment, to use a bank account, to communicate with friends and family, and to shop online, and it is essential for home working. Today, adequate digital connectivity is almost as important a service as water or electricity. My home was upgraded from a hopelessly unreliable copper network to FTTP broadband, with greatly improved access to all the wonders of the internet. Why would any landlord fail to approve the installation of the necessary digital infrastructure? After all, better broadband would make their property easier to let and increase its value at no cost to the landlord.

It seems that this is not a problem of landlords rejecting requests—for example, because they wrongly fear the process will be disruptive. Rather, it is because the landlord is hard to identify or simply fails to respond. The landlord may be based overseas. They may simply not be bothered. The amendment would overcome this problem by giving the tenant the right to make a request for fibre to the premises—a request which must be considered within a fixed timescale and cannot be unreasonably withheld, just like the new renters’ right to request permission for keeping a pet.

Full-fibre broadband is mandatory for new homes. Landlord consent is likely to be obtained relatively easily from social housing providers, but some private sector renters are missing out unnecessarily. This needs to change.

Meanwhile, as well as representations from Openreach on the need for this amendment, I have heard from two other installers of fibre and the Independent Networks Cooperative Association—INCA. These have expressed some concerns. They fear that avoiding the need for the landlord’s participation in the installation process would give unfair competitive advantage to Openreach, which already has an engagement with the premises through its provision of the old copper wire system from yesteryear. The SME network providers are worried that, because Openreach is best able to install fibre without landlord consent, the amendment could give it more of a monopoly. The smaller providers point to the value of their approach, which involves them forming good relations with landlords: bringing the landlord on board ensures they know where best to drill holes for new cables, install wires across common areas, satisfy building safety regulations, et cetera.

While not addressing the problem of digital exclusion caused by unco-operative or absentee landlords, the case for ensuring a level playing field for competing providers also deserves attention. If the Government are minded to accept this amendment—I hope they will, for the sake of the tenants who can otherwise be denied all the huge benefits of fibre to the premises—new regulatory measures to accompany the amendment need to take on board the SME providers’ perspective.

With these comments, I am delighted to support the amendments.

My Lords, I also support these amendments. I have one small niggle, which I will get to, but I live at the end of a very ropey copper wire system, so I yearn for the day when broadband reaches up into the Midlands—or, as it is known down here, the north.

My understanding is that Openreach, in the areas where it is installing, currently includes a building free of charge in its rollout programme. That could change, and it is not clear whether alternative network providers may charge for installing. The situation is not clear at the moment and is, of course, subject to change. Therefore, would the Minister consider it right to oblige landlords to take on the cost if one is imposed?

My Lords, I rise to give my support for Amendments 134 and 135 in the names of my noble friend Lady Janke and the noble Lords, Lord Black of Brentwood and Lord Best, who, in his usual style, has added some quality dimensions to this discussion. The noble Lord, Lord Cromwell, has given his usual nudge about something we might have forgotten.

In short, these amendments offer a simple, cost-neutral solution to a growing problem. Too many renters are still denied access to fast, reliable broadband, and there is a real risk of growing the digital divide as a result. The ability to work remotely and to access education and vital public services are basic needs in the modern world. Reliable broadband is not a luxury; it is a necessity as fundamental as water or electricity in our lives today, yet over 900,000 households are being left behind. This is often simply because, as has been said clearly, landlords are hard to reach for requests for fibre installation or are just not bothered. These amendments would introduce a clear, fair process, ensuring that tenants could request full-fibre broadband and receive a timely response. This is not about forcing landlords to pay but removing a passive barrier that is harming renters’ access to full-fibre broadband.

It is good to know that these measures are backed by many organisations, such as Generation Rent and the Good Things Foundation, and offer a cost-neutral way for the Government to improve digital inclusion, particularly for low-income renters. Importantly, yes, landlords benefit too, with fibre infrastructure clearly adding a long-term rental value to their properties.

This is a fair and practical step to connect more people and strengthen our digital infrastructure, so we strongly support these amendments—no surprise there—and urge colleagues to do the same. We look forward to the Minister’s response.

My Lords, I will say a few words, particularly in response to the comments of my noble friend Lord Cromwell about loading costs on to the landlords. The problem is that, if you are in the countryside, they want to charge a huge amount to get it to you. We have one or two cottages and, to get a fibre cable out to us, we were being quoted £15,000 at one point. We would be connecting about five properties at the end of it—rented properties and another house. The other complication is that, if one of them is a business, for example, there are different rules on what they are allowed to charge. A lot of this is in the original regulations telling BT and the other networks what they had to do, particularly when BT was trying to block other people having access to the houses. There are a lot of unfairnesses in the legislation, which Ofcom never dealt with properly. I am not sure where it has got to now, but there are lots of little wars going on.

It can be very expensive: it is not just a matter of connecting something to a roadside, as it is in the city. If you are going to be running it half a mile or so, you will find that you can be loaded with enormous costs, and that they want five-year leases and so on. Sometimes, you can tell that the price will be slashed soon, because they suddenly make a big sales pitch, trying to get you to take on a five-year commitment to five grand a year; that is the best sign that they are about to roll it out in a couple of years’ time. So things are not quite as simple as they seem.

My Lords, I thank the noble Baroness, Lady Janke, for bringing Amendments 134 and 135 to the attention of the Committee today. These rightly highlight the growing importance of fibre-to-premises broadband and the many benefits that come with high-speed internet connectivity.

In today’s world, where remote working has become increasingly common and where online applications are used to complete everyday tasks such as banking, a fast, reliable internet connection is essential. Applications that require real-time communication, such as Zoom and Microsoft Teams, not to mention watching the odd video, depend on high-speed connectivity to function effectively. For the working day to run smoothly, a strong and stable connection is essential.

We are all familiar with the dreadful “buffer face”, that puzzled expression we adopt as we wait for our devices to respond. What should be a simple task can become an exercise in frustration, all because of poor internet infrastructure. As many noble Lords have mentioned, a large group of people are excluded because of a lack of fast fibre.

Fibre to the premises is a significant step forward. It is far less susceptible to weather-related interference, and it offers future-proof capabilities. We are supportive of ensuring everyone has access to such high-speed broadband, and it is essential if we are to have a successful, dynamic and modern economy.

However, there is a need to consider some of the complications, as the noble Lords, Lord Best and Lord Cromwell, and the noble Earl, Lord Erroll, have pointed out. As the noble Earl said, rural broadband is a big issue: while many broadband providers offer contracts with no upfront installation fees, the reality is that some properties require additional work, such as laying new ducts or trenching. For some home owners, this may lead to excess construction charges, which can range from a few hundred to several thousand pounds. How will this be addressed?

While installing in a stand-alone dwelling may be relatively simple, there is the issue of multi-dwelling units such as blocks of flats, which a number of noble Lords have raised. There are significant additional complexities there, such as the potential logistics if every single flat tenant could claim to have their own separate installation; ensuring that the building’s integrity and things such as fire safety are maintained in that building; and the impact on other flat owners and so forth. For multi-dwelling units, this needs to be done on a system basis, working with the owners and the tenants. There is a need to make the process simpler and to ensure landlord engagement.

It is essential that the Government look to address these issues, ensuring that unaffordable costs do not fall unfairly on landlords or tenants and that the complexities of installation in multi-dwelling units are addressed. The Government should actively promote awareness of initiatives that may help to offset these costs and find solutions to complexities. Clear communication and guidance can also help property owners better understand their existing infrastructure and anticipate potential expenses.

The Government should consider how best to promote fast-fibre internet with affordable, practical solutions, looking to address potential costs and to deliver those practical solutions to the more complex multi-dwelling units.

I thank the noble Baroness, Lady Janke, for her amendments regarding the right for private rented sector tenants to request the installation of telecommunications apparatus, and the noble Lords, Lord Best, Lord Cromwell and Lord Jamieson, and the noble Baroness, Lady Thornhill, for their comments on this group. I completely understand the reason why the noble Baroness raised this important issue.

Digital infrastructure absolutely underpins the UK economy. It is a key driver of productivity and will only grow in importance over the coming decade—there is definitely no going back on this. That is why the Government are committed to delivering nationwide gigabit coverage by 2030, reaching a minimum of 99% of premises in the UK. No one can now deny that digital infrastructure is as vital as all the other utilities we expect to have access to.

As of March this year, just under 87% of premises in the UK can access a gigabit-capable connection. But the Government are very aware of concerns around the speed of deployment in the multiple dwelling units, such as blocks of flats, that the noble Lord, Lord Jamieson, just referred to.

Amendment 134 would introduce an implied right for tenants to make a request in writing for the installation of fibre to the premises—fibre optic cables. These cables are capable of providing gigabit broadband directly to the home. The amendment would provide that landlords may not unreasonably refuse such a request and that they must respond to the request within 28 days.

Amendment 135 sets out the formalities of such a request and provides circumstances in which it is reasonable for a landlord to refuse it, including where the landlord would be in breach of an agreement with a superior landlord. It also sets out how these provisions may be enforced.

These amendments are intended to reduce delays in deploying broadband infrastructure improvements in rented properties. However, the Government are aware that issues with the speed of deployment in urban areas have related to multiple dwelling units in particular, such as blocks of flats, rather than the rental sector in general. The amendments may not address the problem of slow deployment in multiple dwelling units. For example, leasehold flats in multiple dwelling units that are not rented, which outnumber rented flats within those units, would not be covered by these amendments. Further, leasehold flats in multiple dwelling units that are rented would not necessarily benefit from the right to request fibre to the premises because of the requirement for superior landlord agreement.

We therefore believe that further consideration of how such an intervention should be targeted is required before any intervention is undertaken. We understand that network operators have strongly differing views on whether and how government should intervene here—points mentioned by the noble Lords, Lord Best and Lord Cromwell—and they have concerns that any such intervention could have unintended consequences. In particular, there are concerns that intervention without proper consideration may impact the telecoms network operator market in such a way that could harm competition and investment and, in fact, slow down deployment rather than speed it up.

Given these matters, we do not consider the amendments to be appropriate. However, I assure noble Lords that that is not to say the Government are turning a blind eye to the issue. We recognise that more could be done to ensure that residents living in blocks of flats are not left behind as the rollout of gigabit broadband continues at pace across the UK. We are receiving positive responses to our work with local authorities and housing associations to facilitate deployment in social housing multiple dwelling units. Officials are also actively considering options to identify what would be the best interventions to facilitate gigabit broadband deployment in privately owned multiple dwelling units. We are actively working on that.

On the point made by the noble Lord, Lord Cromwell, and the noble Earl, Lord Errol, about the cost to landlords and the potential costs in rural areas of implementing this, I do not have an answer. I will talk to my colleagues in DSIT and come back to the noble Lords on those important points.

I hope that my words provide reassurance to the noble Baroness that the Government are seriously considering what we consider to be a very important issue. I therefore ask that the noble Baroness withdraw her amendments.

The Minister said, significantly, that the Government are going to connect 99% of premises. That is not enough, looking forwards, because a lot of people sometimes move around, travelling. Nowadays, when you are not in a premises, you rely on broadband connections for satnavs and perhaps doing something remotely because you are travelling but need to connect with work over broadband. We need to cover the whole country, not just premises. That was the big flaw in the earlier work by these operators. I ask the Minister not to make the same mistake again. We should not forget that BT still owns Openreach. Even though it has been legally separated, it is not completed yet. So the Minister should beware of what she is told.

The noble Earl makes an excellent point. Anyone who has travelled on the east coast main line will be incredibly frustrated about the dipping in and out of the broadband signal, and if you go through the Hatfield Tunnel on the A1, you will lose your broadband there as well. So he makes an important point.

The Bill is of course about housing, which is why we are considering the housing aspects of it, but I am sure my colleagues in DSIT are very aware of the absolute need to make sure that we have good broadband connection wherever we are in the country.

I thank the Minister for her comments, and I am very interested to hear how the Government will move forward on this. As they have rejected this amendment, I would be very interested to see what measures will be taken. Whatever reassurances we have in here, there are still large numbers of people who are digitally excluded and, as other Members have said, they are entirely reliant on broadband connection for so many things, whether it is medical appointments, work or for economic reasons. It is a real inequality and a great exclusion if they cannot have reliable connections. I hope that this will be a priority and that the Minister will inform us—perhaps in a letter—about what developments are taking place and by when. She mentioned some dates and I should be interested to see them. With those reassurances, I withdraw the amendment.

Amendment 134 withdrawn.

Amendment 135 not moved.

House resumed. Committee to begin again not before 8.17 pm.