Matthew Pennycook

I start by congratulating my hon. Friend the Member for South Shields (Emma Lewell) on securing this important debate, and I thanking my hon. Friend the Member for Bexleyheath and Crayford (Daniel Francis) and the hon. Member for Bridgwater (Sir Ashley Fox) for their contributions. I fully appreciate the concerns my hon. Friend the Member for South Shields raises about houses in multiple occupation, and in particular about their excessive concentration in two parts of her constituency, and the many problems that flow from that, which she described so vividly. HMOs can play an important role in the housing market, providing relatively low-cost accommodation for rent, as my hon. Friend acknowledged. However, it is right that local planning authorities can act, where appropriate, to minimise any negative impacts that such houses may have on local communities. My hon. Friend made a number of points about the interaction between HMOs and the planning system. As she rightly said, larger HMOs always require an application to the local planning authority for planning permission. However, nationally permitted development rights allow for existing homes to change use and become a small HMO for up to six people without the need for a planning application. Such small HMOs are also able to change back to standard family homes under similar rights. We recognise that the free operation of these nationally permitted development rights is not always suitable for all areas, which is precisely why local planning authorities can remove permitted development rights in a specific area by introducing an article 4 direction, following consultation with the affected local community. As my hon. Friend made clear, South Tyneside council has introduced a borough-wide article 4 direction, which means that all new HMOs in its area will need a planning application, regardless of their size. She has previously drawn attention to the impact of the growth of HMOs in her constituency, and will therefore welcome that change; I know the role that she played in pressing her local authority to make it. All planning permission applications are considered by the local planning authority in question in line with the development plan for the area, and in consultation with the local community. It is therefore key that local planning authorities have relevant and up-to-date policies in place. As my hon. Friend will be aware, South Tyneside council last adopted a local plan back in 2007, which means that the policies in the plan are significantly out of date. It is one of the oldest plans submitted in the legacy planning system. Following the council’s repeated failure to agree to submit its new plan for examination by an independent inspector, I intervened to ensure that the plan progressed to examination. I am pleased to report that the examination hearings have been completed, and we await the inspector’s final report. Following receipt of the inspector’s report, and in line with my intervention direction, the council will need to consider adoption of the plan. Adopting the plan will ensure that the council has up-to-date planning policies in place for South Tyneside, which is hugely important. My hon. Friend will be aware that the Government recently consulted on a new national planning policy framework. The consultation included proposals for a more flexible policy on the use of article 4 directions, so that local planning authorities can remove nationally permitted development rights where that is necessary to safeguard the amenity or wellbeing of an area—where, for instance, there is an over-concentration of small HMOs. We are analysing the feedback received on that consultation, and will publish our response in due course. It is essential that HMOs are safe and well managed, which is why all HMOs are subject to management regulations. These regulations place duties on managers of HMOs to take safety measures, supply and maintain gas and electricity, and maintain common parts, fixtures and fittings. In addition, all local planning authorities must license HMOs with five or more people from two or more households who share facilities such as a kitchen or bathroom. Local authorities also have the power to require HMOs to be licensed where there are three or more people from two or more households sharing facilities. This means in practice that most HMOs can be licensed, where necessary. Local authorities can impose licence conditions to ensure that landlords effectively manage HMOs, and also have the power to inspect properties without notice, where they believe an offence has been committed under HMO legislation. Furthermore, the licence holder must undergo a fit and proper person test to assure a local authority that they can manage the property responsibly, safely and lawfully. I note my hon. Friend’s concerns about the operation of that test and its potential shortcomings, and I am more than happy to sit down with her and work through some of the examples she provided, so that we can learn more about its operation. If a local authority finds that the licence holder is no longer fit and proper—for instance, where they have committed a serious or repeated breach of licence conditions—it can revoke their licence. Local authorities have additional robust powers to tackle landlords who breach HMO regulations. That includes civil penalties of up to £40,000, rent repayment orders.