B

Baroness Thornhill (LD)

Speaking in the House of Lords on 14 May 2025

Debate

Renters’ Rights Bill

Contribution

My Lords, I am working overtime tonight. In moving my Amendment 226 I will speak to my Amendment 257 and support a number of important amendments in this group, including those from the Minister and the noble Baroness, Lady Kennedy, whose contributions I look forward to. As colleagues will know, rent repayment orders remain one of the few enforcement mechanisms that are available directly to tenants. That is the key. They are not just about recompense; they are about ensuring that landlords meet their legal obligations and that tenants are protected when they do not, and recompense is made. Amendment 226 seeks to ensure that rent repayment orders can be applied where a landlord has failed to register on the private sector database established by the Bill. If we are serious about transparency and raising standards, non-compliance with the system we are creating must carry real consequences. I am starting to feel like a broken record, but noble Lords will get the message. Otherwise, the credibility of the database and the wider enforcement regime is seriously undermined. Amendment 257 seeks to extend rent repayment orders further to cover cases where landlords have failed to join a redress scheme or maintain active entries on the new database. This amendment relates strongly to amendments in the previous group and on the enforceability of the database. If we want a rental system that is responsive, accountable and fair, we must ensure that tenants have clear recourse when landlords do not engage with these fundamental duties. I am grateful to the noble Baroness, Lady Kennedy, for Amendment 244A, which adjusts the standard proof in some cases to the balance of probabilities rather than beyond reasonable doubt. This change is both proportionate and pragmatic. We know that gathering evidence can be an enormous burden for tenants. This amendment helps to address that imbalance while preserving important legal safeguards in more serious cases. I also welcome the suite of government amendments in this group, which bring clarity to how rent repayment amounts are calculated and to which offences fall within scope. These amendments, particularly those aligning the repayment period with a two-year window, provide much-needed consistency and support effective enforcement. The inclusion of new categories of offence and consequential changes to the Housing and Planning Act 2016 are helpful and align with the overall intent of the Bill. However, I gently emphasise that, while the government amendments are welcome, they will be significantly strengthened by the additions proposed in my amendments. There is little point in creating systems to register landlords and offer redress if we do not give tribunals the power to act when landlords ignore them. Rent repayment orders are not a silver bullet, but they are an important tool to renters. We should not pass up the opportunity to make them more robust, more comprehensive and more effective in practice. I beg to move.

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