Renters (Reform) Bill – in a Public Bill Committee am 9:29 am ar 14 Tachwedd 2023.
May I welcome our second panel of witnesses? For the record and for Hansard, can I ask you to introduce yourselves?
Timothy Douglas:
Good morning, Chair. I am Timothy Douglas, head of policy and campaigns at Propertymark. Propertymark is the UK’s largest professional membership body for property agents, with 17,500 members working across the UK. That includes agents working in residential sales and lettings, commercial valuers, auctioneers and inventory service providers.
Theresa Wallace:
I am Theresa Wallace. I am chair of the Lettings Industry Council, founded back in 2015. It is made up of stakeholders across the industry, including agents, professional bodies, tenant groups and so on. I have been in the lettings industry for more than 30 years. I have been a landlord for a few years and a tenant for many years, and I am now a homeowner.
We have until precisely 10.55, at which stage we will call the session to order even if you are mid-sentence, so please be aware of the time.
Q We asked the previous three witnesses a variety of questions and touched on the issue of supply. I want to ask these witnesses about that. Mr Beadle, I was intrigued to read the transcript of an industry webinar earlier this year, in which you said:
“Actually the truth is that while some landlords are leaving the sector, this sector is actually still increasing. That’s not terribly helpful to our argument, to be honest with you. But in the context of cost of living and rising costs we have to tell that story and link the two.”
Is it not the case that all the evidence would suggest that the sector is relatively stable, at about 20% of households, over recent years, and that it may even have grown, and that there is no evidence to suggest that we will see, as some claim, an exodus of landlords from the sector?
Ben Beadle:
I am not going to sit here and say that after looking at the Bill, everybody is going to sell up. We are not scaremongering here. We are saying that some nips and tucks are necessary to give responsible landlords the confidence to deal with the reforms. As far as the webinar is concerned, I have been very clear that the sector is growing, but the reality is that whether landlords are exiting or not—and I would point to the Bank of England, which says that they are, and is a pretty reliable source for the most part—our members tell us that they are reducing their supply, rather than investing.
The reality is that although the sector might have grown, we still have 25 people, on average, applying per property. We have a massive demand and supply imbalance. Is that a result of renters reform? No. Is it a result of a lot of factors, including renters reform? Yes. I can point you towards the uncertainty about energy changes; I know that that has been dealt with, but it might be only a year or so before that comes back. I can point to taxation changes that are punishing individuals and forcing them perhaps to sell, and putting them between a rock and a hard place for their tenants. I can point to mortgage costs, and I can point to the fact that, I am afraid, we are all getting a bit old, and some of my members are selling off their stock because it is time to do that. It is a mix of those things.
Q May I turn to court improvements? We have discussed how the abolition of section 21 is now linked to them. Non-accelerated possessions are not taking significantly longer than the relevant guidelines stipulate, and possession claims are, in relative terms, one of the faster and better administered parts of the criminal justice system. Is that not the case? While we want the courts system to improve, possession cases are not the worst example of the state that the courts system is in. What improvements are you pressing for and telling the Government are required before chapter 1 of part 1 is introduced?
Ben Beadle:
We have been very clear on this. We have not sought to block, or say that section 21 abolition will destroy the market, but we have been very clear that responsible landlords need alternative grounds on which they can rely, and need confidence in the system that underpins them. I sit as a magistrate, and I would be loth to compare different areas of the justice industry, because it is such a low bar that I don’t think it is worth comparing.
We have very grave concerns about how things are recorded. Although you can point to some of the statistics, a lot will depend on how cases are logged and when they come in. I have been involved in a number of discussions with senior members of the judiciary who have exactly the same concerns. Something may have sat in a post tray for three months but get logged as having come in today, for example, and that impacts the overall timings. The overall timings are worsening. I believe that there is a quid pro quo to some of this stuff. I am as frustrated as you that court reform has not happened, because I am very clear: Government should get on with it. They need to deliver something that feels like renters reform. There are lots of issues in the sector. Broadly, there is stuff in this Bill that we can support, but I cannot support section 21 abolition when the courts service is in such a state.
Q Very specifically, you have had access to No. 10. What are the x, y and z that you are going in and saying need to be in place before chapter 1 of part 1 can be introduced? What are the specific metrics, if you like, of court improvement that you are pressing for?
Ben Beadle:
I want timings to be much, much faster, and that needs to be supported by digitalisation. To deal with this, we need significant investment in the support team and additional judges. In London, we have seen evictions not take place because the right sort of stab-proof vests for bailiffs were not procured. That does not give me a great deal of confidence that Government is all over this like a rash, and we need to have confidence. Section 21 was brought in to give landlords the confidence to bring their properties to the market. The vast majority of our members can live without section 21 provided the alternative is fit for purpose, but until we see these things come to fruition, I do not think I can recommend that. That is not to say that section 21 should not be abolished. It is just that the alternative needs to work, because otherwise it will hurt the very people you want to protect: the renters.
Timothy Douglas:
First, we have a demand crisis. If we are not looking at supply, we certainly have a demand crisis. Looking at our member data from August 2023, year on year demand is up 32%, based on tenants registering with properties. It is a demand crisis and a housing crisis. It has to be about the tax, social housing, people being able to buy homes and energy efficiency legislation. These are all part of a wider housing strategy. You cannot look at the private rented sector in isolation.
On the courts, bailiffs are an issue; certainly in London, there is an issue around not being able to get personal protection equipment, and that has spread to other parts of the country. It delays proceedings. Should we look at privatising that service—the county courts service—in order to almost remove that funding element from the Ministry of Justice and ensure that we have enough bailiffs? I think we need to provide landlords with an automatic right to a High Court enforcement officer. That is part of the process. Normally, if you cannot get the bailiff, they will have that. We have worked with officials on integrating mandatory notices for possession into the possession claim online. We have also looked at improving the Money Claim Online website and that process, which is important.
I have two final points. There are things in the Government’s antisocial behaviour action plan. The courts need to prioritise dealing with antisocial behaviour; that would help. If that were a directive from the UK Government, that would be helpful. We also need to define low-level antisocial behaviour in statutory guidance, or any guidance, so that courts can see that, deal with the behaviour and get evidence of it.
Theresa Wallace:
I agree with a lot of what Timothy and Ben have said. They have covered a lot of the points that I would have made. There is no question but that we have a shortage of stock. We are experiencing that on a daily basis. More than a million tenants in the private rented sector who are in receipt of income support and benefits to pay their rent should be in social housing. We need to address that to solve the housing crisis.
We need to instil confidence in our landlords. It takes time for trends to feed through, but we are definitely seeing landlords leaving the market. We have a lot more at the moment sitting on the fence, waiting to see what this Bill brings in, before they make their decision. It is crucial that we keep those people in the market. Build to rent fills a gap, but we cannot build in the places where the demand is, because that does not work for the model. We still need the private landlord to provide properties.
There are two recent surveys. A Royal Institution of Chartered Surveyors survey came out last week, which showed that overall there were 43% fewer homes available to tenants to rent in the first 10 months of this year. Research by Hamptons came out yesterday and also showed the 43% reduction. RICS says it is definitely seeing a fall in instructions of minus 18%. We want to find a balance. We want to find more security for tenants; I do not think abolishing section 21 will do that, if I am honest. We still need some fixed-term tenancies for those tenants who really want to stay in a property for three or four years because their children are in school, and where the landlord is happy to grant a tenancy for that length of term.
We could even include a break clause for the tenant, whereby for a month, or throughout the whole time, they could terminate, if their circumstances changed. If the property is not fit for purpose, the local authority should be able to visit quickly and make a decision, and the tenant should be able to get out. That way, we are giving the tenant much more flexibility and security. We still need to let landlords know that they can get their property back if they need it, but many are very happy to commit to a longer term, and I think they should be allowed to.
Timothy Douglas:
I think clause 1 should include the option of fixed-term tenancies. We are not saying that it should be one or the other; I totally agree with Theresa on the option of the fixed term. The previous panel talked about the insecurity of tenants who can be evicted after six months. If a tenant has a 12-month fixed-term tenancy, they have that guarantee at the start of the tenancy that they will be in place for 12 months before a decision can be made on eviction from that property. That is vital for guarantors. If you are going to be a guarantor for a rolling periodic tenancy, you are not sure how long you will be a guarantor. How can you have rent in advance if the tenancy is not for a set period?
The fixed term is a vital point, and we need to bring that in as an option. It should not have to be one or the other. There could be the option of a periodic tenancy or a fixed-term tenancy. That will be vitally powerful in the student market as well, for any household with a student—and for non-students. Even if the student leaves after 10 months, the tenancy could stay as a fixed-term tenancy until month 12. It could either be renewed for another 12 months, or roll on to the new periodic. We need that flexibility in the system.
Q Thank you to members of the panel. You heard comments from the previous panel on antisocial behaviour. What do you think of the changes that the Government are introducing to the antisocial behaviour grounds? Do they strike the right balance, and ensure that landlords can evict tenants that cause significant disruption? Timothy, you mentioned students. Do you agree that the new possession ground for student landlords will be effective in supporting the operation of the student market?
Timothy Douglas:
I think we need more detail on that ground. I have not seen it, I do not know what it looks like and I do not know how it will work in reality around when it is served at the time of the year. There are myriad student semesters, term times, different types of students and mixed properties. Defining a student let is really difficult. You can do it under an HMO because the licence conditions will be in place, but a lot of students these days rent in a high-rise modern flat. How do we define them as students?
From the point of view of our members, if we retain that fixed term, you have the clarity. A UK student—this is important as well for rent in advance for UK students—can have a letter from the uni. For overseas students, it is the right-to-rent check, the visa and the share code. On the students, we remain sceptical about how that ground works. The simplest and easiest way would be to retain fixed-term tenancies as an option for any household that is either a student or mixed student household, to give that flexibility as a fixed term for 12 months as an option.
On the antisocial behaviour ground 14, I am not sure what the difference between “capable” and “likely” is. That is why I reiterate the point that local partnerships between police and councils will be really important. The guidance, defining antisocial behaviour and prioritising it in the courts will be important for that ground to work.
Ben Beadle:
We like the suggestion around antisocial behaviour. The Secretary of State has been very clear that managing antisocial behaviour is important. This is one of the challenges in section 21 being abolished. Like it or loathe it, section 21 allows landlords to deal with antisocial behaviour effectively. What we are trying to do is to not end up with just the perpetrator of antisocial behaviour in the property.
I would take issue with the comments that were made in the previous session. This will be tested by a judge. It is a discretionary ground. Although the wording is wider, I think that is absolutely right. It goes before a judge to assess the merits of it, and it succeeds or fails based on judicial discretion. That sounds like something that we can all support, because it means that antisocial behaviour can be dealt with. No politician wants to write back to constituents in their area to say, “That noise that is waking your kids at night cannot be dealt with because of this, that or the other.” This strikes a balance, to coin a phrase, between protecting those who are at the hands of antisocial behaviour and not making it too easy so that it is a back door to section 21, which I absolutely get.
The second thing came up around domestic violence in the previous session. I see this as quite different. We have ground 14A, which allows social landlords to evict the perpetrators of domestic violence. I suggest that something like that is more clearly made available to the private rented sector. What happens in practice is that the landlord is working closely with the victim and wants to keep—I would say “her”, but it does not have to be—the victim in the home and to deal with the perpetrator. Anything the Government can do to make that clearer would be very helpful.
The third point is on the student market, which is an area we have been campaigning on vigorously. We support the ground, obviously, and think that it can work, but a lot of good things come as a pair—Ant and Dec, strawberries and cream—and what is missing from the ground is that it does not fully protect against the cyclical nature of the market, which Tim spoke about.
We propose an amendment that would deal with a whole range of matters. In the first six months, landlords cannot give a no-fault reason for repossession; we propose that that moratorium be extended across the sector, to deal with issues in three or four areas. First, it would provide for a fixed period, and that would deal adequately —but not fully, granted—with the need to keep the cyclical nature of the student market, because it is not broken, and we want to protect it, in the interests of both renters and landlords.
Secondly, more widely, outside the student sector, it is a possibility that a tenant will give two months’ notice on day one, and set-up costs hurt landlords. In my briefing, which I sent round to you, I gave an example of that.
Thirdly, the amendment protects against the creation of an “Airbnb lite” in the sector. We do not want the private rented sector to become Airbnb by the back door, and there is a real risk of these periodic tenancies creating that.
Fourthly, the Bill is about fairness, and striking the balance between protecting tenants from bad landlords, and landlords from bad tenants, so there is no justification for us not being treated in the same way, through that moratorium.
There is a fifth thing: this is quite easy to do through an amendment. For those five reasons, I think that we can make this work.
Q Ben, you propose six months on both sides, but you seem to be suggesting that a student or someone would maliciously come in for a month, and then say, “I’m off.” Is it not the case that people look at the house and say, “This isn’t working for me. The house isn’t quite what I thought it was, or what I thought was advertised.” Perhaps it is very cold at night and expensive to heat. I am not saying that these are enforcement matters for the local authority; they are just things that would lead normal people to say, “I want out of this.” Also, people’s circumstances may change. Why should they, or their guarantor, be stuck with having to pay the bill for six months, when the accommodation might not be appropriate? Surely the best way of getting the market to improve its standards is to have the ability for someone to walk in, realise it is not a very good property, and walk out again.
Ben Beadle:
To turn that on its head, why have the clause one way in the first place? Why not let the market talk for itself? If a landlord wants to sell, why not let them?
Q Because the landlord has the power, and is renting the product out. The consumer is assessing whether they find that product useful. They have a very different relationship to the product, don’t they?
Ben Beadle:
I think the Bill is about fairness, striking a balance between the reforms that we all want, and all the things that have been said about not causing a crisis of confidence in the sector. I do not think that it has to be quite as easy as ordering something from Amazon and sending it back. The reality is that it costs a lot of money to set up a tenancy and get the property in the right condition. Of course, energy performance certificates and other regulatory mechanisms are available, which allow tenants to make a very informed decision about the property that they are moving into. That will be supplemented by the property portal and the register. All that information is available, as it will be in future.
We know that the Government have abandoned the EPC.
Order. Mr Russell-Moyle, we are asking questions, not having an argument.
Usually it is a dialogue, but anyway—
No, we do not want a dialogue. I am the Chair. We ask questions; witnesses answer questions. We take evidence. The arguments come later in Committee.
I am just trying to tease this out.
No, let us not tease anything out. Mr Douglas.
Timothy Douglas:
To build on the points that Ben made, in any legislation, we have to be careful about unintended consequences. In the student market, there would be the option for landlords to rent on a licence or give individual tenancies. That would potentially mean more student properties being rented on a room-by-room basis. If a student leaves within the term, any non-student could come in to fill the property. I am not convinced that all students would be happy with that. If we are talking about reasonable costs for re-let, that is covered by the Tenant Fees Act 2019. We have been through those arguments, and that is already in legislation. There is enough protection for tenants in place, and it is clear there for landlords as well.
Theresa Wallace:
I have just two quick points. First, if the property is not at the correct condition and that is why the student wants to leave, that should be dealt with under the property portal. If the property portal is built correctly, with the right objective or end in sight, and it can ensure that a property is safe to rent, that should take care of that side of it.
We also have to remember that students are often sharers who have come together for the first time. They move into a rented property and some of them very quickly—within the first couple of weeks—think, “Oh my goodness. I don’t like the people I’m sharing with. I’ve made a mistake. I want to get out.” They serve notice, and that serves notice for everybody in that tenancy, so all the students would then have to leave. But I have also found that they can settle down, and after another week they get to know the people they are sharing with, and they end up staying there for that tenancy. I think we have to take that into account as well.
Q First, the Levelling Up, Housing and Communities Committee has called for the creation of housing courts. I would like to know the panel’s opinion on that. Secondly, the new ombudsman does not cover letting agents at the moment. Again, I would like the panel’s assessment of that.
Timothy Douglas:
I will come in on the ombudsman first. I think the UK Government are trying to run before we can walk. I think there has been a misunderstanding of the current redress arrangement for property agents. Whether you are a sales agent, a letting agent, a managing agent, a business agent or an auctioneer, you have to belong to a redress scheme. We have to be very careful about meddling with that current structure. We have a lot of multidisciplinary practices as well—70% of sales agents do lettings. If we are taking lettings out and creating a private rented sector ombudsman, we are meddling with a system that already exists.
I think what we need to look at first are the existing arrangements for redress, and there are gaps in the current arrangements. There are two redress schemes. One works to a code of practice, and one does not; it works to another code of practice and adjudication. The existing adjudication is not there, and it needs more teeth. I think the largest fine the TPO gave last year was £13,000. It needs more teeth in order to enforce.
Before we look at bringing in landlords, we need to sort out the existing redress system for agents. Actually, before looking at conversations with the housing ombudsman, I think we should be looking at the capacity of the two existing schemes in the private rented sector to bring in landlords, because they understand the issues, they understand the sector, and I think that would be a more positive way to go.
There is then another conversation, which is littered across the legislation, about who manages the property. There has to be a greater understanding of the three or four different management types and of who is the primary contact that the tenant is going to complain to. Is it the letting agent that is fully managing the property? That is easy to do. But what about that landlord-letting agent relationship where it is let only and rent collection? They might do other services, or they might just do let only.
This is a really complicated area. It is not simply about bringing landlords into the redress schemes and giving it to the housing ombudsman. We need to sort the existing schemes first—strengthen them, give them teeth, adjudication, and a statutory code of practice for the sectors—and then we need to look at the management practices of landlords and letting agents and those relationships in order to build in a complaints function that can happen.
Theresa Wallace:
I agree with a lot of what Tim has said, but we actually support an ombudsman for landlords. We have the ombudsman for agents at the moment, so if a landlord or a tenant wants to complain about their agent and the service they are receiving, they can go to the ombudsman. If they have a complaint about their landlord, they cannot. They need to go to court, and that costs money. I can see that there is a place for a landlord ombudsman for a tenant to refer their complaints to. Dealing with it and resourcing it will be the biggest issue, because they will need to qualify exactly what a complaint is to be able to deal with it.
Ben Beadle:
I just want to touch on what Mr Russell-Moyle said about students, and then I will come to this question. If a student leaves a property, and that property is re-rented to a family, for example, you lose your status as an HMO, and you have to reapply, typically through article 4. This is a very heavily regulated area; it is not quite as simple as is made out.
As far as the ombudsman and the PRS portal are concerned, we are very supportive. With anything that can help reduce the flow to the courts and resolve problems informally, I am like a rat up a drainpipe. It is absolutely, exactly what we need. The overriding issue, though, is that all those things need to join together. At the moment, I cannot quite see how the existing schemes will work with the landlord scheme, how the mediation service will fit into this and how the courts will fit in if there is a breach.
With the portal and the different elements of licensing that exist, we must not fall into the trap of thinking that, somehow, the private rented sector is the wild west. There is a lot of regulation and enforcement, but that enforcement requires investment, and we have grave concerns about the things that underpin some of this stuff. It is all well and good to have lots of rules and regulations but, at the end of the day, if we do not have the means to enforce them properly, that is problematic. We know from our research that over half of local authorities are not using the powers that they have.
There are no issues from our side, but we want to have some comfort and a bit more of a vision about how these things fit together and how it will be priced, because that is a sensitive issue and there has been no detail about it so far.
Timothy Douglas:
Just to come back in on that quickly, the key point is that, in the current redress system for agencies, the consumer has to go through the agent’s complaints procedure first, but it is not mandatory in the regulation to have a complaints procedure. All complaints procedures are different, and there are no set timescales for responding to those complaints. That is the first issue.
The second issue is that, yes, we can bring in landlord redress and the ombudsman, but are we expecting the 50%—as quoted in the levelling-up White Paper—of landlords who do not use an agent to have a complaints procedure and to be able to respond in a timely way? There are lots of avenues, as Ben alluded to. We have simply said that, with landlord redress, there are layers and layers of complications involved in making sure that the consumer knows where and how to complain and that issues are dealt with. There are lots of issues to be looked at.
I did ask about housing courts.
Ben Beadle:
Let me deal with that. We like the principle of a housing court, and the Select Committee obviously likes it as well. Given where we are, I guess there is a realism in terms of what we can do with the existing system to improve it rather than carving out a new housing court. We support the concept, but I think we might be able to do a number of things that end up meaning we see change more quickly. That includes playing with the civil procedure rules, for example. Those are things that can be done and timed so that we can assess improvements. Rather than having one measure of an element of a possession case, there ought to be different measures. Everybody ought to know what the measures and targets are. Otherwise, how do we know what reform looks like and whether it has worked?
So there are things that we would—not necessarily substitute—for a housing court, but there is not a lot of money to go around. Although we love the idea, we are pragmatists in the sense of asking, “What would a housing court do differently that we could not do with the existing regime?” That is where we are focused.
Timothy Douglas:
I would certainly agree with that and would also perhaps move towards a tribunal structure, which is less intimidating, less informal and does not necessarily have to use court buildings—any public building can be used across the country. But essentially, in an ideal world, this needs to incorporate the powers of the county court and the first-tier tribunal. You would then be able to appoint specialist judges, surveyors and so on. In an ideal world, yes, we totally need to get there, but I agree with Ben that it is about perhaps looking at a dispute resolution and those sorts of issues within the existing system before we get to the ideal. But that certainly would be welcome in the long run.
Q Theresa floated the idea of longer-term tenancies, which would provide security for landlords because they would know how long their tenant would be in there. Do you think that there would be significant uptake on those from renters given that the proposed solution—periodic tenancies—would give them as long as they wanted provided that there was not a reason for the landlord to evict them? Do you think that would provide the extra security that they need?
Theresa Wallace:
I think so, because I do not think we are giving them any security with the current proposals because a landlord can serve a notice either to sell their property or move back into it. The majority of section 21s are served for rent arrears, or because the landlord is selling or they want to move back in, or for antisocial behaviour. You do not have to give a reason but those are the main reasons that section 21s are used.
We will still continue to have those reasons, and by starting off with periodic tenancies with no fixed term at all, okay, the landlord cannot serve a notice for six months, but that is the most that tenants are being told that they will be secure for. Last week, I had tenants saying to me, “I want to be able to secure a long-term tenancy. My children are in the local school. I don’t want my landlord to suddenly say that he is going to sell the property or move back into it.” There are definitely tenants who want longer secure terms and there are landlords who want to do that for their own security. As I said earlier, I still think that they would be happy to include the two months’ notice for the tenant from six months in case the tenant’s circumstances changed. That gives the tenant the flexibility of knowing that they can have the tenancy for however long they agree to it, but if their circumstances change after six months, they can also move out.
Q Just to clarify, would you not allow the landlord to serve any of those types of no-fault evictions after six months?
Timothy Douglas:
I totally agree with that, and I think it is not an either/or, as has been stated. Let us have the option. The beauty of the private rented sector is that it is built on that flexibility. Without the flexibility of that option, we are closing that down. Of course, you can have a fixed term for up to three years—otherwise, it then becomes a deed, as we understand it. You can have it for longer. So in theory, it is already there and that 12-month fixed term, or longer, with break clauses could offer lots more flexibility and the security that certain tenants want, and we know that agents are hearing that.
Q I am interested in this. Are you saying that in the fixed period, the landlord would not be able to execute any eviction grounds, or just not grounds 1, 1A and 1B?
Q So 1 and 1A are basically the only protections. Is there a danger that this will become the default tenancy and landlords will not offer periodic tenancies, or would you require them to have an option and they would have to advertise both?
Theresa Wallace:
It is an option, yes. I still believe that there should be a minimum term of six months with any tenancy to make it financially viable for landlords. That is why we have so many landlords waiting to hear what the Bill will bring, and more of them will exit the sector if they are going to have only periodic tenancies from day one. I have landlords telling me that.
Q I asked this question of the last panel. Putting aside whether the six months is on both landlords and renters or one or the other, should there be a protection every time a rent increases that that six-month protection restarts, or it is the case that you can never get the protection back once the six months is done?
Q In most assured shorthold tenancies at the moment, when you redo rent, you sign a new contract that then gives someone a six to 12-month protection. What we are now saying is, because it is rolling, that rent increase will just be within the rolling contract, so you are not then given the extended protection.
Yes. If we can get that, yes. [Laughter.]
Unless there are any further questions from colleagues, I thank our three witnesses for their evidence, which will be very useful to the Committee in the deliberations that lie ahead.
I will ask the last set of witnesses to take the stand as soon as possible, without too much further delay, but just before our next panel, I ask Dean Russell to make a wee declaration of interests.
Thank you, Chair. I just want to declare that my wife works part time at an estate agent that also does lettings.
Mr Gray, I should also have said that I sit on the legal working group for a radical housing co-operative association.
What is the radical bit about?
That is its title; I did not choose it.