§ 2.48 p.m.
§ The Question was as follows:
§ To ask Her Majesty's Government what steps are being taken to protect tenants from being evicted from residences occupied by them for over 20 years by speculators who are exploiting loopholes in the Rent Act.
§ The PARLIAMENTARY UNDERSECRETARY of STATE, DEPARTMENT of the ENVIRONMENT (Lord Bellwin)My Lords, I am not aware of a loophole which would enable such longstanding tenants to be evicted from their homes. We have made it clear that we do not intend to reduce the security of existing protected tenants.
Lord JANNERMy Lords, is it not farcical that although the Rent Acts are 600 supposed to protect people with moderate incomes, many are living in properties which are being purchased, and the rent tribunals are not taking the slightest notice of scarcity value in assessing rents, which are being increased every time there is speculation? Does he realise that a large number of people are being deprived of their homes at present because they cannot afford the exorbitant rents which, in consequence of the speculation, are being claimed from them, with tribunals' assessments?
§ Lord BELLWINMy Lords, the Rent Acts make it quite clear that, in fact, the scarcity aspect should not be taken into account when assessing the levels of rents; so there is very little that the Government can do about that, even if it were desirable to do so. As regards the noble Lord's Question, I have read with much interest his earlier Questions on the same subject over the past 18 months or so. From the extensive nature of those Questions, and indeed from the equally extensive replies that he has been given, I doubt that I could add anything to what must by now be the noble Lord's already extensive knowledge of this most complex subject.
§ Lord BOOTHBYMy Lords, is it a fact that under the law as it at present stands tenants who have been occupying their residences for over 20 years cannot be evicted?
§ Lord BELLWINYes, my Lords. The regulations regarding eviction are now, under the Acts, such that there is the same security as has existed ever since the Rent Acts came into force. The noble Lord will probably know that in fact the first of these Acts was dated 1965, and that was followed by the 1968 Act and a series of Acts thereafter. The answer to the noble Lord's question is, Yes, that is so.
Lord JANNERMy Lords, will the noble Lord think again about this matter? Does he realise that people who have lived in their homes for 20 or 30 years —and I have in mind in particular pensioners who rely entirely upon a fixed pension—are being driven from their homes? The result is terrifying and the Acts do not protect them. Will the noble Lord go into the matter carefully and ensure that something like the Leasehold Reform Act or a proper Rent Act 601 is introduced in order to protect such people and ensure that scarcity value is not taken into consideration when fixing rentals?
§ Lord BELLWINMy Lords, this raises a very complex area. There can be few areas that are more complex than the Rent Acts and their workings. It would not be for me to say at this moment in time that the Government will seek yet another review of such Acts. One must, of course, sympathise with the point the noble Lord makes, but there is no evidence as such to show that with the rent allowances and the other protection which is available tenants are being evicted, as the noble Lord suggests.
§ Lord AVEBURYMy Lords, if an appellant to a tribunal had some reason to believe that scarcity value was not being disregarded, would he not have grounds for appeal to the High Court for a prerogative writ?
§ Lord WIGODERMy Lords, yes, he would.
§ Lord AVEBURYMy Lords, could such a person obtain legal aid for that purpose?
§ Lord BELLWINMy Lords, I am grateful for the aside which would seem to indicate that there is such a right. Whether or not legal aid would be available in those circumstances is something I should certainly want to look into.
§ Lord STRABOLGIMy Lords, can the Government do something in the leasehold sector? Bearing in mind that it was largely due to them that security of tenure was put on in the early 1970s, would they look into the leasehold sector? —where people who have had houses on long leases, sometimes for 30 or 40 years, and who would be entitled to leasehold enfranchisement, cannot take it up because of the enormous sums, sometimes over £100,000, that they are being asked to pay for a new lease. That is causing great distress.
§ Lord BELLWINMy Lords, I assume that the noble Lord raised the point with the previous Administration during the last five years, no doubt at regular intervals. I can do no better than make 602 the point I made to the noble Lord, Lord Janner, about the whole workings of these Acts. Yes, the Government are, in fact, looking at certain aspects of the workings of the Acts and I assure the noble Lord, Lord Strabolgi, that the point he has made will be included in those considerations.
§ Lord ROBERTHALLMy Lords, is the Minister aware that a very large number of people who would be prepared to let their houses, or part of their houses, are afraid to do so because of the restrictions of the Rent Acts? If those Acts could be modified in such a way that at least some of this property could come on to the market, it would very much reduce the speculation to which the noble Lord, Lord Janner, referred.
§ Lord BELLWINMy Lords, I am aware of that fact and, as has previously been declared, that is precisely why it is the Government's intention to introduce a form of shorthold lettings.