Baroness Taylor of Stevenage (Lab)

My Lords, I will respond first to the intention of the noble Baroness, Lady O’Neill of Bexley, to oppose Clause 14 standing part of the Bill. I understand that this is a probing amendment seeking more detail on the Government’s rationale for repealing the powers. It is essential that local housing authorities have flexibility to manage their stock in a way that best enables them to meet the needs of their local communities. Clause 14 therefore removes provisions in the Housing and Planning Act 2016 that would have forced councils to sell their highest-value council homes whenever they became vacant. I say “would have forced” because these provisions were never implemented. Even so, the presence of the provisions on the statute book had a very negative effect on local authorities’ spending plans, since they could not be certain of the income streams from these properties. The policy was intended to raise capital to supply new social homes but would ultimately have led to a net loss in social housing. The last Government chose never to implement these measures due to the negative impact they would have had on local authorities. We are now going one step further by repealing the provisions altogether. That time is now, and Clause 14 fulfils that commitment, so I commend it to the Committee. I turn to Clause 15 and Amendments 66, 77 and 78. All these relate to the Government’s intention to repeal uncommenced provisions in the Housing and Planning Act 2016, which would have required most new secure tenancies offered by local authorities to be fixed term. I agree with much of what the noble Baroness, Lady Thornhill, has just said. The Government fundamentally believe that people, families and communities all benefit from secure homes. That is why we enabled this for private renters through the Renters’ Rights Act. It would be entirely counterintuitive to remove that security from social housing tenants. The probing amendment from the noble Lord, Lord Young of Cookham, explores alternatives to lifetime tenancies, and Amendment 77, tabled by the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson, seeks to clarify that social landlords can continue to grant fixed-term tenancies. Nothing in the Bill prevents local housing authorities from granting fixed-term tenancies where they consider it to be appropriate—for example, to support time-limited resettlement schemes for Afghan and other refugee cohorts. The Bill does not change that. Schedule 3, paragraph 1 repeals uncommenced provisions that would have required most new secure tenancies to be granted on a fixed-term basis. Those provisions were never brought into force, and we are removing them to provide clarity. We want to make it clear that we support lifetime tenancies because they provide stability and security for tenants and help people put down roots in their communities. It is not right to require that most new tenants be offered fixed-term tenancies, as this would reduce their security. Amendment 78 would require a review of the provisions in the Housing and Planning Act 2016 which would have replaced lifetime secure tenancies with fixed-term tenancies for new tenants. However, as we discussed, those provisions were never commenced, and the Bill repeals them. It is therefore not possible to review the measures. The Government already collect data on new social housing lettings, including tenancy type and length of fixed-term tenancies. We therefore already have an established source of information on how fixed-term tenancies are being used. The stock management review, which we are currently undertaking, is the right place to consider the issues highlighted for proposed review, rather than requiring a separate statutory review of provisions that were never brought into force. For those reasons, I ask that the amendments be withdrawn. Turning to Clause 16, I thank the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson, for Amendment 80, which would allow higher rents to be charged to higher-income social housing tenants. I note that the noble Baroness, Lady O’Neill, has set out her intention to oppose Clause 16 standing part of the Bill. The Government are reviewing both the statutory social housing allocations guidance and how social landlords are making effective use of their existing stock. Taken together, these amendments would, in effect, reintroduce the pay-to-stay policy, which was included in the Housing and Planning Act 2016 but never implemented. In fact, Amendment 80 would go even further than the current provisions in the Housing and Planning Act 2016 by requiring registered providers, as well as local housing authorities, to charge higher rents to higher-income tenants. As I previously noted, these pay-to-stay provisions were never implemented, and the original provisions in the Housing and Planning Act 2016 received strong objections from noble Lords during the passage of that legislation. Indeed, the previous Government chose not to commence them as the costs outweighed the benefits. Social landlords already have flexibility to run discretionary schemes for higher-earning tenants, and it is right to maintain that approach. I echo what the noble Baroness, Lady Thornhill, said: we want to avoid creating disincentives for tenants to increase their earnings, and avoid curtailing their aspirations and ambitions, through this process. For those reasons, these amendments are not necessary. I ask that they be withdrawn, and I commend Clause 16 to the Committee. Finally, I turn to Amendment 70, from the noble Baroness, Lady O’Neill, and the noble Lord, Lord Jamieson. This would require a social landlord to conduct a tenancy review where a tenant is engaged in persistent anti-social behaviour. During the passage of the Renters’ Rights Act, I spoke about the challenges of tackling anti-social behaviour and drew on my 27 years of experience as a local councillor. No tenant should feel unsafe in their home as a result of the behaviour of others. Where behaviour is persistent and has a serious impact on neighbours and communities, landlords must be able to respond quickly and appropriately.