Contribution
My Lords, in moving Motion A I will, with the leave of the House, speak also to Motions E, F, G, G1 and L, which are grouped together.
It is a great pleasure to bring the Renters’ Rights Bill back to the House of Lords to consider the amendments and reasons from the other place. I start by thanking my colleague in the other place, the Housing Minister, for setting out the Government’s position on the amendments agreed by your Lordships. As he outlined, the Government made a clear manifesto commitment to the people to modernise the insecure and unjust private rented sector. The Renters’ Rights Bill delivers on this promise by empowering private renters with more rights, protection and greater security of tenure. I thank the noble Lord, Lord de Clifford, the noble and learned Lord, Lord Keen of Elie, and the noble Baroness, Lady Grender, for their amendments in this group.
I begin with the amendment in lieu tabled by the noble Lord, Lord de Clifford, Amendment 11B, which would allow landlords to require an additional deposit equivalent to one to three weeks’ rent as a condition of their consent to a tenant’s request to keep a pet. A requirement for a further three weeks’ deposit would cost the average tenant in England over £900. This is unaffordable for most tenants and would greatly exceed the average deposit deduction for pet damage of £300.
While I truly appreciate that the noble Lord, Lord de Clifford, has considered these affordability issues to a degree in his amendment in lieu by stating that the additional deposit may be from one to three weeks at the landlord’s reasonable discretion, I am afraid that we still cannot accept this amendment. In practice, this provision would effectively be the same as allowing landlords to request up to three weeks’ deposit, as the original amendment did. Many landlords will charge the full amount, giving rise to the same affordability challenges as the original amendment.
As outlined at Lords Report, the Government have existing powers under the Tenant Fees Act 2019 which will allow Parliament to require a larger deposit where a landlord has consented to the tenant having a pet. We will continue to keep this position under review following Royal Assent. If there is clear evidence that pet damage is exceeding normal tenancy deposits, we have the Tenant Fees Act power, which would allow us to remedy this.
Amendment 39D, tabled by the noble Baroness, Lady Grender, would introduce an annual reporting requirement on the quality of military accommodation. I express my grateful thanks to the noble Baronesses, Lady Grender and Lady Thornhill, for their continued engagement on this issue. I also extend my thanks to the noble and gallant Lord, Lord Stirrup, for his tireless advocacy for service personnel and their families. I am sure that the whole House will agree that our armed service personnel and their families must live in safe and decent homes. The Government acknowledge the vital role that accommodation plays in their lives. We are determined to ensure that our personnel have access to safe, high-quality accommodation that meets their needs and reflects the importance of their service to our nation.
As I have previously outlined, the Government are committed to driving up the standards of military accommodation further. Earlier this year, the Ministry of Defence announced an additional £1.5 billion investment in service family accommodation over the next five years, above that already committed. Later this year, the Government will publish a defence housing strategy, setting out clear renewal standards and further steps to improve the lived experience of our personnel.
I welcome the amendment in lieu tabled by the noble Baroness and can confirm that the Government support this approach in principle. We have therefore tabled Amendments 39B and 39C as amendments in lieu, which will introduce a statutory requirement for annual reporting on the extent to which service family accommodation meets the decent homes standard. This amendment will place on a statutory basis the commitments the Housing Minister made in the other place for greater transparency and accountability on the quality of military accommodation. Alongside the Government’s wider actions that I have already highlighted, this will make a real difference in ensuring that service personnel and their families have homes of the quality they deserve. I have discussed the Government’s amendment in lieu with the noble Baronesses, Lady Thornhill and Lady Grender, and with Gideon Amos MP, to whom I am grateful for his strong advocacy on this issue in the other place. They have indicated their support, and I hope that noble Lords will also support this amendment.
Finally, Lords Amendments 26 and 27, which were tabled by the noble and learned Lord, Lord Keen of Elie, would require local authorities to meet the criminal, rather than civil, standard of proof when imposing penalties for rental discrimination and rental bidding breaches. I am grateful to the noble and learned Lord, Lord Keen, for his constructive engagement on this issue. We believe that local authorities will enforce these measures against the relevant standard of proof effectively. However, we understand the concerns from noble Lords that if this is not the case, there is a risk of an unsatisfactory decision.
With that in mind, I can confirm that the Government will include in the relevant statutory guidance to local authorities advice that a local authority exercises a quasi-judicial function when imposing a civil penalty, and should therefore be satisfied by credible, reliable and sufficient documentary or other evidence on the balance of probabilities that a person has breached a relevant requirement before imposing a penalty. Moreover, the Bill already gives a person against whom a local authority proposes to impose a penalty a right to make representations before a final decision is made, as well as a right to an appeal by way of rehearing against a penalty. I am pleased to have come to an agreement with the noble and learned Lord, Lord Keen of Elie, on this issue. I hope this is sufficient to address the concerns of noble Lords and that they will agree to the Motion not to insist from the other place.
Motion A1 (as an amendment to Motion A)