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Lords second reading. Agreed to on question. Bill committed to a Committee of the Whole House.
Lords second reading. Agreed to on question. Bill committed to a Committee of the Whole House.
To ask Her Majesty's Government what assessment have they made of the adequacy of the legislation protecting private sector tenants.
To ask Her Majesty's Government what assessment have they made of the adequacy of the legislation protecting private sector tenants.
The Government is committed to offering stronger protections for private sector tenants and ensuring that people are living in safe and good quality properties.
Tenants are protected from eviction through the Protection from Eviction Act 1977, the Housing Act 1988, the Housing Act 1985 and through the retaliatory eviction provisions in the Deregulation Act 2015.
Other legislation includes the Landlord and Tenant Act 1985 requiring landlords to keep electrical installations in the property in repair and proper working order and the Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004 to assess health and safety in residential properties. The Smoke and Carbon Monoxide Alarm (England) regulations protect tenants from death or injury in the home caused by smoke and carbon monoxide poisoning, and the Energy Efficiency (Private Rented Sector Property) (England and Wales) Regulations improve the energy efficiency of domestic privately rented properties.
Government is now going further and has announced a mandatory requirement on landlords in the private rented sector to ensure electrical installations in their property are inspected every five years and is supporting the Homes (Fitness for Human Habitation) Bill.
To ask Her Majesty's Government when they intend to issue regulations for Client Money Protection schemes.
To ask Her Majesty's Government when they intend to issue regulations for Client Money Protection schemes.
The Government is committed to making membership of a client money protection scheme mandatory for property agents in the private rented sector. Our response to the recent consultation was published on 1 April 2018, which sets out our implementation approach. We will bring forward secondary legislation to implement our commitment after Easter recess. We intend to give sufficient notice and a transition period for agents to comply with the requirement to join a client money protection scheme.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 28 September 2017 (HL1597), what plans they have to consult local authorities on the case for a register of short-term holiday let tenants.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 28 September 2017 (HL1597), what plans they have to consult local authorities on the case for a register of short-term holiday let tenants.
We have no such plans.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 29 November (HL3286), what discussions they have had with the Charity Commission about their legal resources and ability to quickly address issues raised by tenants of the National Trust.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 29 November (HL3286), what discussions they have had with the Charity Commission about their legal resources and ability to quickly address issues raised by tenants of the National Trust.
The Department for Communities and Local Government has not had any conversations with the Charity Commission regarding their resources.
Tenants of National Trust properties can refer concerns to the Charity Commission, who are the independent regulator of charities, where they consider there to be a breach of charity law.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 7 November (HL2762), whether there is an independent regulator or other body to which tenants of National Trust properties may refer concerns.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 7 November (HL2762), whether there is an independent regulator or other body to which tenants of National Trust properties may refer concerns.
Tenants of National Trust properties can refer concerns to the Charity Commission, which is the independent regulator of charities.
To ask Her Majesty's Government, following the announcement by Lord Bourne of Aberystwyth on 28 March (HL Deb, col 466), when they expect to legislate for a mandatory scheme of client money protection.
To ask Her Majesty's Government, following the announcement by Lord Bourne of Aberystwyth on 28 March (HL Deb, col 466), when they expect to legislate for a mandatory scheme of client money protection.
The Government is committed to making membership of a Client Money Protection scheme mandatory for letting and managing agents to ensure that tenants and landlords get the financial protection that they deserve. A consultation seeking views on implementation was launched on 1 November and will be open for 6 weeks. Further detail will be provided following consultation with the sector.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 14 September (HL1597) that no consultations have been carried out, what plans they have to consult local authorities on a register of short-term holiday let tenants.
To ask Her Majesty's Government, further to the Written Answer by Lord Bourne of Aberystwyth on 14 September (HL1597) that no consultations have been carried out, what plans they have to consult local authorities on a register of short-term holiday let tenants.
We have no plans to set up or consult on a local authority register in respect of short term holiday letting eligibility or tenants. One borough sought consent from the Secretary of State to direct that the right to short-term let without planning permission for up to 90 nights in a year should not apply to particular residential properties. The planning practice guidance sets out the criteria the Secretary of State will apply in considering whether to give consent. [The guidance can be found at paragraph: 111 reference ID: 13-111-20160519]
To ask Her Majesty's Government, further to the answer by Lord Bourne of Aberystwyth on 28 March (HL Deb, col 466), when they expect to legislate to introduce compulsory client money protection for landlords and tenants.
To ask Her Majesty's Government, further to the answer by Lord Bourne of Aberystwyth on 28 March (HL Deb, col 466), when they expect to legislate to introduce compulsory client money protection for landlords and tenants.
It is essential that measures on Client Money Protection are considered in the round and implemented in a sensible and coherent way with other changes to the sector, notably the ban on letting agent fees paid by tenants, and regulation of letting agents.
We will provide more information on legislation and implementation shortly.
To ask Her Majesty's Government, further to the Written Answer by Lord Young of Cookham on 14 September (HL1315), how tenants of (1) housing associations, and (2) land in the ownership of large charities, may request information about their stewardship.
To ask Her Majesty's Government, further to the Written Answer by Lord Young of Cookham on 14 September (HL1315), how tenants of (1) housing associations, and (2) land in the ownership of large charities, may request information about their stewardship.
In respect of housing associations, the independent Social Housing Regulator is responsible for regulation of registered providers in England. They set regulatory standards that housing associations are expected to meet. It is the responsibility of boards of housing associations to ensure their organisation meets the regulator's standards, and that they are open and accountable in how their organisation meets its objectives.
Specifically under the tenant empowerment and involvement standard the regulator expects associations to provide support to their tenants to develop and implement opportunities for involvement and empowerment. This includes supporting their tenants to exercise housing management functions; the formation and activities of tenant panels or equivalent groups; providing timely and relevant performance information to support effective scrutiny by tenants of their association’s performance and providing support to tenants to build their capacity to be more effectively involved including holding boards to account.
Requests for information about stewardship of charitable assets – including land – should be made to the charity and its trustees. Registered charities with an annual income over £25,000 must submit a copy of their annual accounts and trustees’ annual report to the Charity Commission. These accounts and other information about individual charities can be found on the Commission’s charity register -www.gov.uk/checkcharity
To ask Her Majesty's Government what is their assessment of the need for a registration process of short-term holiday let tenants; and whether they have consulted local councils on this issue.
To ask Her Majesty's Government what is their assessment of the need for a registration process of short-term holiday let tenants; and whether they have consulted local councils on this issue.
There has been no assessment of, or consultation on, a register of short term holiday let tenants.
My Lords, I thank the noble Baroness and the noble Lord, Lord Palmer of Childs Hill, for their time and commitment to the client money protection review. I am pleased to announce that the Government intend to make client money protection mandatory in line with the recommendation of the review chaired by the noble Baroness and the noble Lord, Lord Palmer of Childs Hill. This will ensure that every agent is offering the same level of protection, giving tenants and landlords the financial protection that they deserve. The Government will consult on how mandatory client money protection should be implemented and enforced.
My Lords, I thank the noble Baroness and the noble Lord, Lord Palmer of Childs Hill, for their time and commitment to the client money protection review. I am pleased to announce that the Government intend to make client money protection mandatory in line with the recommendation of the review chaired by the noble Baroness and the noble Lord, Lord Palmer of Childs Hill. This will ensure that every agent is offering the same level of protection, giving tenants and landlords the financial protection that they deserve. The Government will consult on how mandatory client money protection should be implemented and enforced.
My Lords, I certainly will. That was a typically gracious response from the noble Baroness. It was a very well-reasoned report. Many people had been called to give evidence, so it was very strongly evidence-based. As I say, we will be consulting on implementation and enforcement. I am sure that we can talk about it in the meantime.
My Lords, I certainly will. That was a typically gracious response from the noble Baroness. It was a very well-reasoned report. Many people had been called to give evidence, so it was very strongly evidence-based. As I say, we will be consulting on implementation and enforcement. I am sure that we can talk about it in the meantime.
Well, that has taken the wind out of my sails. Will the Minister accept my thanks? The House will recall that we put into the Housing and Planning Act the reserve power to do this but at that point the Government were not quite convinced. However, as the Minister said, along with the noble Lord, Lord Palmer, we did the report, and the recommendation was published only yesterday. Today’s news is really good for tenants and landlords. It means that if any letting agent goes bust or makes off, the client’s money is safe. I hope the Minister will accept my thanks.
My Lords, once again I thank the noble Lord for the part he has played in this. He asked specifically about one aspect of the consultation. As I say, we will be consulting on enforcement and implementation. He rightly draws attention to the fact that on occasion there has been a prime authority in this sort of area supervising the enforcement—Powys was an example used in the review, although in this instance, because it is England only, it cannot be Powys. A strong case has been made out, but of course we will be consulting on it.
My Lords, once again I thank the noble Lord for the part he has played in this. He asked specifically about one aspect of the consultation. As I say, we will be consulting on enforcement and implementation. He rightly draws attention to the fact that on occasion there has been a prime authority in this sort of area supervising the enforcement—Powys was an example used in the review, although in this instance, because it is England only, it cannot be Powys. A strong case has been made out, but of course we will be consulting on it.
My Lords, I have had a little more time to get some wind in my sails. I thank everybody who took part in this review: my
co-chair, the noble Baroness, Lady Hayter, the ministry and the civil servants, who were incredibly helpful. However, the review raises ongoing questions for the Government to tackle. For instance, enforcement is a key to success. Will the Minister tell us what he intends to do about the recommendation in the report that the Government consider,
“authorising a prime authority for enforcement, recognising CMP schemes and providing up to date information”?
Without that, the mandatory scheme will not have teeth.
My Lords, it certainly does need to be fair to all parties. The evidence from the consultation was that about 85%, if I am not mistaken, backed the need for enforcement in this area, so that obviously was a key factor. I agree with my noble friend that the consultation will need to ensure that it is fair and equitable across a wide variety of people.
My Lords, it certainly does need to be fair to all parties. The evidence from the consultation was that about 85%, if I am not mistaken, backed the need for enforcement in this area, so that obviously was a key factor. I agree with my noble friend that the consultation will need to ensure that it is fair and equitable across a wide variety of people.
My Lords, is it not essential in producing this final scheme that it should be as fair and as protected as the deposit protection schemes which exist for tenants’ deposits at present? In particular, there needs to be some kind of recognition that estate agents have to receive money in order to get the security checks, references and other things they need. They have to be carefully considered as well. It has to be fair to all parties.
My Lords, I agree with the noble Lord. First, yielding to persuasive argument always seems to be the best and most sensible course to pursue, but I also agree with him about the importance of taking account of all those views and ensuring in the consultation that we act equitably and fairly across the piece.
My Lords, I agree with the noble Lord. First, yielding to persuasive argument always seems to be the best and most sensible course to pursue, but I also agree with him about the importance of taking account of all those views and ensuring in the consultation that we act equitably and fairly across the piece.
My Lords, I declare my interest as the chair of the council of the Property Ombudsman, which deals with complaints about managing and letting agents. I congratulate the noble Baroness, Lady Hayter, on her persistence in pursuing this matter and congratulate the Government on yielding to that persistence. Would the Minister agree that the value of this is not just about protecting landlords if agents go off with the money but about weeding out the more dubious and dodgy managing and letting agents because they will not be able to get the insurance that will now be mandatory?
To ask Her Majesty’s Government whether they will make membership of a client money protection scheme mandatory for letting and managing agents.
To ask Her Majesty’s Government whether they will make membership of a client money protection scheme mandatory for letting and managing agents.
My Lords, I thank the noble Baroness and the noble Lord, Lord Palmer of Childs Hill, for their time and commitment to the client money protection review. I am pleased to announce that the Government intend to make client money protection mandatory in line with the recommendation of the review chaired by the noble Baroness and the noble Lord, Lord Palmer of Childs Hill. This will ensure that every agent is offering the same level of protection, giving tenants and landlords the financial protection that they deserve. The Government will consult on how mandatory client money protection should be implemented and enforced.
To ask Her Majesty’s Government whether they will make membership of a Client Money Protection Scheme mandatory for letting and managing agents.
To ask Her Majesty’s Government whether they will make membership of a Client Money Protection Scheme mandatory for letting and managing agents.
The Government encourages letting and management agents to join Client Money Protection schemes and encourages landlords and tenants to choose agents with Client Money Protection via the Safe Agent Kite Mark. Ministers are reviewing the report of the working group chaired by Baroness Hayter and Lord Palmer of Childs Hill, which considers the available evidence of Client Money Protection in the market today and provides recommendations on whether Client Money Protection should be made mandatory. Ministers will respond to this report setting out next steps in due course.
The Government are committed to introducing legislation as soon as possible to implement the ban on letting agent fees for tenants. We will consult in March/April on the detail of the ban and will consider the views of property agencies, landlords, tenants and other stakeholders before introducing legislation. Impact assessments will follow the consultation and support the detail of banning fees to tenants.
The Government are committed to introducing legislation as soon as possible to implement the ban on letting agent fees for tenants. We will consult in March/April on the detail of the ban and will consider the views of property agencies, landlords, tenants and other stakeholders before introducing legislation. Impact assessments will follow the consultation and support the detail of banning fees to tenants.
To ask Her Majesty’s Government what steps they are taking to implement the ban on lettings fees announced in the 2016 Autumn Statement.
My Lords, first, I pay tribute to the work that the noble Baroness does on this matter. With her background in Shelter, she certainly knows what she is talking about. It is important that we have detailed consultation. I am sure that she will be pleased to hear that officials were in Scotland yesterday to learn lessons from there. I have sympathy with a wide-ranging ban on fees, although we have to be careful to ensure that we get it right through the consultation. For example, if somebody loses their key, it is legitimate that they should pay the letting agent for getting a new one. But I agree with the general thrust of what she says.
My Lords, first, I pay tribute to the work that the noble Baroness does on this matter. With her background in Shelter, she certainly knows what she is talking about. It is important that we have detailed consultation. I am sure that she will be pleased to hear that officials were in Scotland yesterday to learn lessons from there. I have sympathy with a wide-ranging ban on fees, although we have to be careful to ensure that we get it right through the consultation. For example, if somebody loses their key, it is legitimate that they should pay the letting agent for getting a new one. But I agree with the general thrust of what she says.
Does the Minister understand our need to see the small print, given the arguments he made against the proposal during the progress of my Private Member’s Bill? Does he recognise that all fees—up-front, renewal and exit—charged to tenants need to be included in the ban for it to work?