Housing Tenure (Hansard, 26 March 2001)

§ Mr. Raynsford

Following clearance by the Lord Chancellor, the Law Commission has today been asked to undertake a major review of the law surrounding housing tenure in both the social and private rented housing sectors. The referral is in response to a Law Commission paper ("Reform of Housing Law: A Scoping Study Paper") which the Commission has also published today. Terms of reference reflecting the ground covered by the Scoping Paper areTo consider the law relating to the existing forms of housing tenancies in the rented sector and their creation, terms and termination, with a view to its simplification and reform; and in particular to review the law on:

(1) the forms of housing tenancy let by:
(a) local authorities and other social landlords;
(b) private landlords,

with a view to providing a simple and flexible statutory regime for both the social and the private housing sectors;

(2) the remedies available in respect of harassment and unlawful eviction;
(3) tenants' statutory rights of succession; and
(4) such other aspects of housing law as may be agreed between the Law Commission, the Department of the Environment, Transport and the Regions, and the Lord Chancellor's Department."

Today's referral asks the Law Commission to undertake work on the ground covered by item (1) of the terms of reference and which the Commission's Scoping Paper refers to as the "first phase" of work. This in itself represents a substantial piece of work on which the Commission has undertaken to deliver a report and draft Housing Bill by July 2003. A further referral covering items (2) and (3) of the terms of reference (referred to in the Scoping Paper as the "second phase" of work) will be considered in the light of progress on first phase work.

The Law Commission's scoping paper represents an excellent piece of work. It highlights a long overdue need for a simpler, less complex framework for housing tenure law—one that will be more transparent and better understood by landlords and tenants alike; one that will enable social landlords to make better use of their stock; and one that will facilitate greater choice and diversity in the housing sector along with tenant participation.

We also intend to look to the review as the sensible vehicle within which to take forward our intention, announced in the Housing Policy Statement ("Quality and 433W Choice: A decent home for all—The Way forward for Housing") to look at a single form of tenure for the social housing sector and other tenure flexibilities. The Law Commission's continued readiness to work with DETR and other key housing interests, and to involve a wider range of landlord and tenant interests in taking forward this substantial piece of work will ensure an inclusive approach.

I am arranging for a copy of the Law Commission's Scoping Paper to be placed in the Library of the House.