Baroness Taylor of Stevenage (Lab)

My Lords, I thank the noble Baroness, Lady Scott, for her amendment regarding the definition of a landlord and thank the noble Lords, Lord Marlesford and Lord Jackson, for participating. Amendment 206C seeks to remove subsection (4) of Clause 64. This would mean that amendments to the definitions of “relevant tenancy”, “residential landlord” and “dwelling” set out in the Bill could not be made by regulations. This would affect Part 2, which includes the redress and database provisions. I fully agree that any changes to the definition of those who bear responsibilities and benefit from rights under this legislation should be made with proper consideration. The definition of “residential landlord” under Clause 64 of this Bill has been drafted with care to capture the majority of typical private tenancies in England. However, the private rented sector has proven itself to be dynamic. I am sorry to say that the unscrupulous use of complicated arrangements, such as certain types of rent-to-rent schemes, has demonstrated the need for flexibility in how we define who is, or is not, in scope of private landlord redress or the database. We are also aware that other forms of occupation, such as occupation under licence, may benefit from the Part 2 protections in the future. A strong case may be made for expanding who is protected if certain arrangements proliferate following the implementation of the Bill. Our focus at this time, however, must be on getting our reforms right for the millions living in typical private tenancies, rather than extending the redress and database provisions to other kinds of residential occupier whose needs and circumstances may be quite different from the majority. We have included a power to change the scope of Part 2 by regulations in the future if it is considered appropriate. The reason is that the introduction of mandatory landlord redress for the first time is a significant undertaking. The definition of “residential landlord” has been drafted, as I said, to capture the majority of tenancies. We have retained the flexibility to change the scope of rental agreements covered by the database and ombudsman in the future, should that be deemed necessary.