Contribution
My Lords, it is a great pleasure to follow the noble Baroness, Lady Kennedy. I have also enjoyed my encounters with the Minister, with her, to discuss these issues. I rise to speak to Amendment 110 in my name. I am very grateful for the support of the noble Lords, Lord Hogan-Howe and Lord Best, who have added their names. Between them, they bring unsurpassed knowledge of both policing and housing matters, which are both very relevant to this amendment. I am also grateful to the organisations Safer Renting and ACORN for their assistance in highlighting the need for this amendment, and of course to the Bill Office for its clear and effective drafting.
This amendment is distinct from others in this group, as it does not deal with standards of proof. Rather, as I outlined at Second Reading and in Committee, it addresses the difficulties faced by those at the bottom end of the rental market and most at risk from abusive landlords. It is these people, the economically and socially vulnerable, who are the most likely to face illegal and sometimes forcible evictions. They are often also the least equipped to resist such behaviours.
A core problem that emerged in discussions with tenant organisations at the sharp end is insufficient clarity of understanding about what the Protection from Eviction Act 1977 requires of the police. There is a widespread and incorrect belief among police officers that illegal evictions are civil matters. This has resulted in a tiny number of prosecutions for illegal evictions. Indeed, statistics show that the police have not acted in 91% of cases.
I do not want to stretch the House’s patience with detailed case studies, but three quick examples will give colour to the types of incidents we are concerned about. A tenant returned to their flat to find that the landlord had changed the locks. When the police were contacted, they threatened to arrest the tenant for obstruction of the landlord and assisted in the removal of the tenant’s belongings. In other cases, landlords used tactics such as intimidation and turning off the water supply, as well as threatening and actually using force. When tenants called the police, they were told that it was a civil matter and to call back when an actual crime was being committed. In other cases, tenants went to the police station, but were turned away repeatedly on the basis that such evictions are a civil matter.
In Committee, I put down an amendment to clear up this misunderstanding of the law and improve co-ordination between the police and local authorities. It did not gain government support, which I find very disappointing, not least given the Bill’s avowed focus on those most in need of help. The Government’s response did address the co-ordination point, citing extra work for the authorities and police, and the instance of Liverpool, where the Minister has personal experience of such co-ordination working well.
Tenant bodies involved in the issues reflected in my amendment met with the Minister, and afterwards I received a copy of a letter from the Minister to them. I am, of course, very grateful for the Minister’s considerable engagement, but that letter does not address the role of the police in preventing or stopping illegal evictions before or as they happen. Where it does refer to the substance of today’s amendment, it says that the abolition of Section 21 will
“strengthen the tenants’ ability to argue that they were unlawfully forced out of their homes”.
With the greatest respect, that is very wide of the issue. It is a point for legal argument that may come up if the evicted tenant ever manages, or indeed dares, or can afford, to bring a legal claim against the landlord who put them out on the street. I remind noble Lords that we are dealing here with landlords who care little for the niceties of the law—people whom the Minister’s letter refers to as a
“small minority of unscrupulous landlords”.
But we have repeatedly been told that the purpose of the Bill is exactly to tackle these unscrupulous landlords.
This amendment has dropped reference to local authorities and focuses fully on the core legal issue. It requires a report to establish the level of understanding among tenants, landlords and the police of the criminal nature of illegal evictions and clarification of the correct legal situation, and the incorporation of that legal position and how it should be dealt with in the training of the police.
This is a modest amendment, but it is critical for those facing or experiencing illegal evictions or who feel powerless in the face of the violent actions of their landlords and find that the police seem to be against them when they should be protecting them. Not least, it is critical for police officers themselves, who are trying to follow and apply the law and do the right thing.
In Committee, I asked the Government to bring forward their own amendment to address this issue. They have chosen not to do so, instead writing to say that they are
“working towards updating the department’s guidance”.
That is simply not sufficient when we have one of the few opportunities in the Bill to address a real and terrible day-to-day experience of vulnerable renters. On this modest amendment, I believe we should stand firm. Its requirements are clear, deliverable and highly impactful on those most in need of our help through the Bill. I will, of course, listen to what the Minister says in response, but I anticipate seeking the view of the House on this amendment.