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My Lords, before we start debate on the first group, I rise to remind the House of the rules on declaring interests. Noble Lords should declare any relevant financial interest the first time they speak at each stage of a Bill. This means that, in Committee, relevant financial interests should be declared during the first group on which a noble Lord speaks. Thereafter, the declaration does not need to be repeated in Committee. Declarations should be specific and brief. Members should briefly indicate the nature of their financial interest and not simply refer to their entry in the Register of Lords’ Interests.
Amendment 1
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My Lords, I begin with an apology for not taking part at Second Reading. My fellow Green Peer, my noble friend Lady Jones of Moulsecoomb, took part but is unable to be here today so we are doing a little tag team effort. I am afraid that I will not be here on Wednesday, but I expect that she will be back on Report.
I also begin with a little bit of explanation, because the groupings today are technically complicated. Clause 1 would abolish the right to buy. To introduce that involves me opposing various clauses in some subsequent groups. I am opposing Clauses 1 to 9. This is all for technical reasons. I have not pulled this out as a separate group. That is how it was arranged. That is why we have this slightly odd-looking arrangement—it is for technical reasons.
Clause 1 provides for the abolition of right to buy. This is heading in the direction that the Government propose for the Bill but going further. Others who are opposing other elements in the Bill are seeking to reverse the Government’s direction, but to be clear: I am aiming for us to go further. The case for abolishing right to buy is not some theoretical proposal. Scotland and Wales have already done it successfully. We have a central question here: should social housing be treated as a long-term public asset or continue to be sold off during a housing crisis?
In Scotland, right to buy ended on 1 August 2016. It has been estimated that since then, 15,500 social homes in Scotland have been saved for the public. That is a lot of housing—a lot of households living in their community and children being able to continue to go to the same school. The sort of stability that social housing has provided has continued in Scotland, but here in England we continue to see families torn out of their communities and a continual turnover. In Scotland, Dr Mary Taylor, the CEO of the Scottish Federation of Housing Associations, said:
“SFHA is delighted that all forms of the right to buy policy in Scotland have now come to an end and this hasn’t come a moment too soon. Right to buy has had its day and has no place in modern Scotland”.
Wales came somewhat after Scotland with the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018. The Labour Welsh Government said that these sales were increasing waiting times for social housing and reducing the access to affordable housing, which is a statement of the obvious. Ministers also argued—I acknowledge that the Government are doing something about this—that councils and housing associations had the confidence to build without fear that they would immediately lose that housing.
The Labour Welsh Housing Minister at the time, Rebecca Evans, said:
“By protecting the stock of social housing in Wales, we are ensuring it is available for the long term to provide safe, secure and affordable homes for the people of Wales”.
This is no longer an experiment. It is established policy across much of the UK.
We discussed the negative impacts of the right-to-buy policy extensively at Second Reading. I do not intend to go over all the same ground but will highlight a couple of points. I draw first on the public wealth aspect of this. A report from the Common Wealth think tank, Wrong to Sell: How Right to Buy Gave Away Billions in Public Wealth, described right to buy as one of the largest giveaways in UK history. It has led to a situation where one in six private tenants in England rents a former local authority home, with much greater cost and often worse maintenance, without the democratic oversight that you get with council housing.
Considering the overall value of that, the report estimated that homes sold by English local authorities through right to buy are now worth £430 billion in 2024 prices. This is only part of the great privatisation, but this estimate says that this a bit more than the £400 billion that we have lost by selling off public land into private hands. This has also meant a structural shift towards higher-cost private renting. We know how much the cost of private renting is affecting so many households—so many communities—particularly the young. There is also increased long-term housing benefit expenditure. I hear from my right a lot of concern about the welfare Bill—this is one of the very significant drivers of it. There is also the exposure to market volatility.
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My Lords, I hope the House will not agree with Amendment 1. I feel a little bit personal about this because the amendment knocks out huge chunks of the Housing Act 1985, which I put on the statute book 40 years ago.
The noble Baroness talked about the erosion of the social housing stock. However, 17% of the housing stock in this country is social housing. That is roughly double the EU average of 9.3%, so already we are way out of line with our European neighbours in our provision of social housing. But I oppose this amendment because if one looks at Clause 9, it makes it clear that 100% of capital receipts from the right to buy will be ploughed back into social housing. So it is exactly the opposite of what the noble Baroness said, that the right to buy would increase the waiting time. What would increase the waiting time is acceptance of this amendment, because it would deny local authorities the capital receipts which would still accrue to them, so I disagree with her fundamentally.
There are other reasons for disagreeing with Amendment 1. For millions of people—1.8 million people—it was a foot on the property ladder for those who simply could not otherwise afford it, and many of those against the right to buy are people who own their own home. It gave people financial security which they would not otherwise have had. It became no longer the preserve of those on middle or higher incomes, and it gave something back after paying years of rent. Also, in the long term, it can reduce dependency, because those who bought their home now have an asset that can be taken into account if and when they move into care. There are wider benefits that we touched on at Second Reading, which I will not repeat. The right to buy helped break down the monolithic nature of some of our local authority estates. I very much hope that the Government, and indeed others in the House, will resist Amendment 1.
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My Lords, it is a pleasure to have the opportunity to take part in this debate in Committee. I will not reiterate the comments I made at Second Reading, because I talked then about family provision in social housing and we will discuss that specific issue in later groups. I begin by congratulating my noble friend Lady O’Neill of Bexley on her promotion to the Front Bench, and it would be remiss not to congratulate the noble Baroness, Lady Curran, on her promotion. I think it is a promotion—anyway, she is back on the Front Bench.
As has already been said by my noble friend Lord Young of Cookham, right to buy was one of the most transformative policies in British political history. It resulted in 58% of people owning their homes in 1981, being boosted to 69% by 2001, although that figure has now fallen back to 63%. Boosting home ownership boosts self-reliance, and 81% of people in most recent polls support the concept of owning their own home and being part of a property-owning democracy. In fact, 1.9 million homes were sold following the Housing Act 1980 to date, affecting 4.5 million social tenants. As we heard at Second Reading, right to buy improves social mobility, especially for those working people on low or modest incomes. We also heard demonstrable, empirical evidence from the London School of Economics about the impact being in homes that were bought under right to buy had on the educational attainment of children and young people. That was a longitudinal study, as noble Lords will remember.
I must say in passing that the views of the noble Baroness, Lady Bennett of Manor Castle, are always sincere and well-resourced with research, but on this occasion I cannot agree with her for the reasons that my noble friend made clear. Capital receipts from right to buy were £51 billion, of which £47 billion was retained and remitted to His Majesty’s Treasury. The most recent sales in England in 2024-25 raised almost £800 million from 7,494 sales.
The important point to remember is that between 2012 and 2025, 48,000 units were replaced directly from recycled right to buy receipts back into the social housing stock. It is also important to nuance the arguments and remember that we had the renaissance of housing associations and alternative housing providers in that period, so it is not altogether correct to look at council housing and social housing just within the context of local authority housing.
There are a number of myths about right to buy, which is one of the reasons why I oppose the noble Baroness’s amendment. As my noble friend said, the level of social housing that we have is still high by international standards. I think we are fourth in Europe out of about 25 countries—significantly more than France, Italy, Germany and other large countries.
The fall in public sector housing construction began well before the advent of right to buy in 1980. Social housing waiting lists were, in fact, bizarrely stable when right to buy was at its most popular in the 1980s. There is a reason for that: social housing waiting lists were derived as a function of demand, not supply. So, in the period between 1981 and 1997, social housing waiting lists fell from 1.2 million to 1 million, in a period when we were selling off 100,000 council homes under right to buy. The problem, of course, was that the wider housing market was overheating, with a rise in real housing prices of 108% between 1997 and 2009.
The final myth is about discounts. Yes, you can say that discounted money is dead money to the taxpayer, but that criticism has to be misplaced. If one looks at the cost of, for instance, significant maintenance by local authorities and the payment of housing benefit then those alleged costs are significantly lower than claimed by those who oppose right to buy.
As my noble friend said, by abolishing right to buy we would remove the revenue and income stream for building more social homes, and that cannot be right. We would need to have an alternative if we were going to get rid of right to buy. Although I might not wholly agree with this Government’s objectives as outlined in the Bill, the noble Baroness’s proposal does not make sense because it would mean fewer homes for people who needed them, and that cannot be good. On that basis, I oppose the amendment.
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My Lords, I declare my interest as a vice-president of the Local Government Association and a part-owner of rented property in West Yorkshire.
One of the strikingly important things for me, and I hope for all noble Lords, is the positive outcomes for young people exposed to the right-to-buy scheme from the 1980s. This is not wishful thinking on my part; it is clearly shown in research from the London School of Economics. I referred to this at Second Reading, but it is worth reminding noble Lords about.
The right to buy guaranteed detectable, sizeable school performance gains among young people exposed to it, increasing good grades in high-stakes exams. There is also evidence that there is an income effect, which gives more financial stability to households through home ownership, and there is a crime reduction effect from public housing tenants becoming owners of their own home. It is disappointing that such prejudice against right to buy is likely to remove from social housing tenants the opportunities which right to buy has created for so many.
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My Lords, it is good to kick off our first day in Committee on this important Bill. As noble Lords will know from our comments and speeches at Second Reading, we broadly support the Bill, so I will endeavour not to make Second Reading speeches and to be as brief as possible, given our support for it.
We support tighter restrictions on right to buy—I think the evidence is clear—but we do not believe in its total abolition. As was said over and over by noble Lords at Second Reading, over 2 million houses have been sold this way since 1980 but nearly 1 million more have been sold than replaced. Looking at last year’s figures, 7,500 homes were sold and only 3,600 were replaced. More worrying was the net loss of nearly 4,000 homes last year. Losses outstripped gains. This is not sustainable, yet the need grows. Homelessness rates are growing. The number of families in temporary accommodation is growing. My local authority is now reaching the point that many others have already reached with the impact on their budget of temporary accommodation.
However, we believe that a total ban is not the right answer, which is why we cannot support Amendment 1 in the name of the noble Baroness, Lady Bennett of Manor Castle, because housing need is not the same everywhere and local councils understand their own housing pressures best. In some areas, right to buy should definitely be paused; there should be a moratorium. In others, it should be more tightly controlled, but always—in the view of our Benches—with one condition: homes sold must at least be replaced on a one-for-one basis, if not better.
A blanket ban would remove that flexibility. It would replace local judgment with central diktat, and we believe that some transition to home ownership is aspirational and desirable. We are certainly not coming from the same place as Conservative colleagues in it being a holy grail. A healthy housing market should be able to staircase ownership for some people without the significant loss of much-needed social homes—hence some of our later amendments, which I hope will make sense as we go through. Be assured, we do not mean it to enable some local authorities to abrogate their responsibility to provide social housing of all types. We would definitely encourage more than one-for-one replacement. We want reform, not abolition, and devolution, not central diktat.
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My Lords, I declare an interest as a councillor in Central Bedfordshire. I add my congratulations to those offered to the noble Baroness, Lady Curran, on returning to the Front Bench. I thank noble Lords for their contributions on this first day of Committee. This amendment would abolish right to buy altogether, and, in doing so, would remove one of the most significant routes into home ownership available to social housing tenants. The Conservative Government introduced right to buy, which was founded on the simple belief that ownership should not be the preserve of the wealthy or the fortunate few. Conservatives have long believed that people should have the opportunity to own their own home, build an asset, and enjoy the security and independence that home ownership brings. It is a hand up, not a handout.
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My Lords, before I address the amendment, perhaps I may declare an interest, and in doing so apologise that I neglected to declare it at Second Reading. One of my daughters works for a housing association. I should have said that at Second Reading; it is in the register of interests. I also add my congratulations to those offered to my noble friend Lady Curran, who is appearing on the Front Bench for the first time today. I have already had a chance to welcome the noble Baroness, Lady O’Neill, to her new role, but I also thank the noble Baroness, Lady Scott. She is not in her place today, but we have worked together for all the time I have been in the House on some very long and complicated Bills, and I am very grateful to her. I would like to put that on the record too.
I thank all noble Lords who have spoken in this short debate. Before I respond on the specific amendment tabled by the noble Baroness, Lady Bennett of Manor Castle, let me say that I am pleased to open this first day in Committee on the Social Housing Bill. As I set out at Second Reading, this is critical legislation that goes right to the heart of our current housing crisis. More than 1.3 million families in need of a home languish on local authority housing waiting lists and the number of children growing up in temporary accommodation continues to climb, so we must act now to turn around decades of losing more social homes than we are building.
This legislation brings forward measures to protect much-needed social housing and incentivise new building, as well as groundbreaking reforms to create a safer and fairer system for those experiencing domestic abuse. At Second Reading, I was clear that this Social Housing Bill sits within a much wider programme of social housing action which clearly demonstrates our Government’s ambition and commitment to deliver the hope for the future that decent affordable social housing represents. Together with the Government’s wider package of reforms and the £39 billion of investment, this Bill will ensure that we can provide decent, safe, secure and affordable housing for generations to come. I look forward to getting into the detail of the Bill’s provisions over the course of Committee, and to engaging with noble Lords on these important measures.
Amendment 1, tabled by the noble Baroness, Lady Bennett of Manor Castle, intends to abolish right to buy. The noble Baroness has also given notice of her intention to oppose all the right to buy clauses, with the exception of Clause 6, standing part of the Bill, making it clear that this amendment accompanies that intention. The Government have no plans to abolish the right to buy. The scheme provides an important route for social housing tenants, many of whom may not otherwise be able to access home ownership, to own their own homes, boosting social mobility and opportunity, and supporting aspiration for families across the country.
Following the commitment in our manifesto, we are reforming right to buy through this Bill. This will deliver a fairer, better-value and more sustainable scheme, where long-standing tenants who have lived in and paid rent on their homes for many years can buy their own homes—but, crucially, where councils can replace them and contribute to the urgent and rising need for social and affordable homes.
The noble Lord, Lord Young, referred to the long called-for ability for councils to retain 100% of receipts, and this Government have facilitated that. By reforming the right-to-buy scheme, we will protect much-needed housing stock and, as the noble Baroness, Lady Thornhill, said, more homes will be available to house those on waiting lists and those who are homeless.
We have committed to the biggest funding boost for social and affordable housing for a generation. I remind the noble Lords, Lord Jackson and Lord Jamieson, that many of the homes sold have never been replaced. Between April 2012 and March 2025, there were around 133,000 council right-to-buy sales, with only around 51,000 homes replaced over the same period. Not only has this depleted much-needed homes for households in need but it has reduced the motivation and confidence of councils to build, and it has restricted broader investment in council housing. I remind the noble Baroness, Lady Bennett, and the noble Lord, Lord Jamieson, that through the Renters’ Rights Act this Government have significantly strengthened renters’ rights, including with regard to rent increases.
We think we have the balance right here, making sure that we address some of the issues around right to buy but also continuing to give that opportunity and aspiration for those who want to purchase their own homes. We therefore oppose this amendment, and I kindly ask the noble Baroness to withdraw it.
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My Lords, I thank the Minister for her response and everyone who contributed to this short but passionate Committee debate. I join others in welcoming the noble Baronesses, Lady Curran and Lady O’Neill, to the Front Benches.
I think the Minister agreed with me that right to buy and the way it has been implemented up to now have done enormous damage. We are in agreement about the loss without replacement of so much social housing. I also acknowledge her points about the Renters’ Rights Act, which is a step in the right direction, although the Green Party would like to see this going much further, with rent caps.
In saying that, I respond a little to the comment from the noble Lord, Lord Young of Cookham, for whom I have the greatest respect. He compared the percentage of social renters in the UK with other parts of Europe. Of course, the conditions and the arrangements for private renting in many parts of Europe give people far greater security of tenure and far greater security of life than our arrangements do, even with the Renters’ Rights Act.
A couple of other points from the noble Lord, Lord Young, really need to be referred to. On the idea that housing will be sold and then ploughed back, later we will come to Amendment 16 about buyback. If we see an extension of buyback, it is possible to imagine a home being sold under right to buy and, very quickly, the council buying a house so that another one is available immediately. But the more typical situation will probably be that a house is sold under right to buy and maybe 10 years later a new social housing unit appears as a result of that money. That is a very long gap, and of course there is still disruption to the community. It will not often be an immediate response.
In picking up a couple of points from the noble Lord, Lord Jamieson, I will not start a whole debate about where the rise in house prices comes from, but a study from King’s College London in 2018 estimated that, without foreign investment money coming in, prices would have been 19% lower then. Of course, we saw a great financial liberalisation—part of the whole right-to-buy scenario, where we have turned what had been secure and affordable places for people to live into something regarded primarily as a financial asset.
I agree with the noble Lord, Lord Jamieson, who suggested that social housing should be only a short-term replacement until you move on with your life. We want people to have a secure and affordable place to live for life, if that is what they want. That should be the foundation of our communities. We are not stressing enough the impact on communities of right to buy; we are focused very much on the impacts on individuals. The turmoil that right to buy has brought communities should not be ignored.
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My Lords, it is a pleasure to start the debate on this second group of thoughtful and varied amendments. We have just heard a spectacular defence from noble Lords of the right-to-buy scheme, which the Government seem determined to restrict quite drastically throughout the provisions in the Bill. In Clause 1, the Bill proposes to extend the qualifying period for right to buy from three to 10 years. I will focus on Amendment 2 in my name, which is a probing amendment as to the rationale behind this extension.
I already have concerns that tenants of social housing who are able and willing to buy their property should be forced to wait longer. I understand that the Government, in their manifesto, committed to increase the protections on newly built social housing, but this provision would affect existing social housing tenants too. There may be many tenants right now who are on the cusp of reaching the three-year eligibility requirement, with high hopes of finally being able to own their own home, but who will have to wait an additional seven years when the Bill becomes law, unless it is amended. That is a long time to wait and be on welfare. If the Government insist on an extension to the qualifying period, why not extend it to five years rather than 10, as my amendment suggests? Can the Minister explain what evidence base there is behind that number? In addition, exactly how much social housing stock is a 10-year extension expected to protect for us—as opposed to five, say—and how has the impact on existing tenants been assessed, if at all?
We must ensure that 10 years is not just an arbitrary number chosen randomly. If there is a justification, it should be outlined and explained clearly for the House to scrutinise. We must also remember that we are talking about real people living in social housing right now—people with hopes and aspirations, whose rights to buy a property should not be treated carelessly or without thought. What data do the Government have, if any, as to how many tenants are about to reach the three-year qualifying period? Can the Minister please share that data with the Committee? I look forward to hearing the Minister’s response and from other noble Lords who have tabled amendments in this group. I beg to move.
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My Lords, it is a pleasure to take part in this Committee. I apologise to noble Lords that I was not able to be in your Lordships’ House for Second Reading. I declare my relevant technology interests as set out in the register, variously as adviser to the Crown Estate, Endava plc and Simmons & Simmons LLP, and as non-executive director of Avalanche (BVI), Inc and the Avalanche Foundation.
In my set of Committee amendments, I want to assist the Bill by bringing the strands of inclusion and innovation and talent and technology through every possible supportive clause of the Bill. In this group, I speak to Amendments 3, 10 and 13 in my name.
Amendment 3 sets out provisions to establish a digital life-cycle service for right to buy. In doing so, it would provide greater empowerment, knowledge, connection and communication to those who may wish to avail themselves of the right-to-buy service. This would be an effective and important use of digital technology and, through that, could play a positive part in enabling digital inclusion. Critically, the amendment does not seek to rely just on digital; it sets out provisions for alternative means of connection to ensure this life-cycle service could be achieved through systems such as text messaging. Amendment 10 would develop this in the context of fraud requirements, clearly supporting the measures in new Section 124A inserted by Clause 4.
Amendment 13 further seeks to use the benefits of technology to provide an immutable record—an audit trail—which is tamper-proof for all Section 122 applications. In 2017, I wrote a report on blockchain called Distributed Ledger Technologies for Public Good. At that stage, I wanted to set out not just the potential public use cases but the public value cases in which the distributed ledger and other technologies could assist across the state. My fear was that, if these potential use cases and value cases were not set out, the debate would get stuck and, whenever blockchain was mentioned, it would naturally be assumed that it meant just Bitcoin, which had nothing to say on beneficial provision for operations of the state across potentially all government departments and local authorities. Amendment 13 is therefore one such potential use case or value case, where there could be a clear audit trail, available for all, of use to the department, and indeed the regulator, with the safety, security and knowledge that it is a clear, accurate, immutable record of applications and any potential fraud hearings and investigations that have happened around right to buy.
These three amendments look to deploy the benefits of such potential technologies. I believe they would greatly support the provisions set out in the Bill.
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My Lords, I will speak to government Amendments 4, 6 and 122 in my name now and then come back to close at the end, if that is all right with noble Lords.
The Government clearly set out in our response to the consultation on reforming the right to buy that we would prevent existing property owners or those who have previously benefited from the scheme exercising right to buy unless there are exceptional circumstances. This was supported by 91% of respondents to the consultation, including 86% of social tenants who responded. We have already drawn up the latter part of this commitment through Clause 2 of the Bill and intend to add to this by including a provision in new Clause 2 to prevent existing residential property owners exercising the right to buy. The Committee will appreciate that defining residential property ownership is complex, given the many forms that property ownership can take. Capturing this complexity in legal drafting required additional time, meaning that this clause was not present at introduction. Given that the intent behind the right to buy is to enable tenants of social housing to become home owners, preventing existing property owners using the scheme is a fair and rational approach.
We have set out in this amendment what we think is a reasonable definition of a residential property owner. The new clause will apply to anyone who owns a residential property, whether owned outright or with a mortgage. Leasehold and freehold properties will be captured, with exceptions for short-term leases under 21 years, as will joint ownership and any properties owned outside England, including those held in Scotland, Wales, Northern Ireland and abroad. As in Clause 2, exemptions will be made for victims of domestic abuse who have moved from the accommodation that they were occupying for reasons connected to the abuse.
As part of the application process, tenants will be required to declare to the landlord whether they own another property and landlords will be able to check the information that the tenant provides. If tenants are seeking exceptionally to buy under a right-to-buy scheme, where they already own a residential property, because they have been a victim of domestic abuse, they will be required to provide evidence of that to the landlord. Amendment 4 thus follows through on our commitment to exclude existing property owners from using right to buy and is accompanied by Amendments 6 and 122, which are consequential and enable the new clause to operate as intended. I commend these amendments to the Committee.
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My Lords, I want to hear from the Minister about government Amendment 4, to try to understand a bit more about cohabitees. There are other legal rulings which have been made and I am led to believe that the Lord Chancellor will be bringing forward legislation about cohabitees, but the definition is not particularly strong. I want to understand how, in practice, the Government intend to put this in place. The new clause is suggesting that it is somebody who lives with somebody else as if they are married, but there are other benefits rulings where that entitlement was brought in only because of children involved. I want to get a better understanding because, in that particular case, the ruling is that you have to have lived with somebody for only a single day. I hear that the Lord Chancellor may be talking about something like three years. I would be grateful if the Minister, in her final wind-up, would elaborate further on how they will determine accurately whether somebody is a cohabitee.
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I have just a few words on this group. First of all, I failed to observe the social niceties and would like to say that I am pleased that I have already had conversations and emails with the noble Baroness, Lady O’Neill of Bexley, and I formally welcome her to the Front Bench. Her availability thus far has proved that she is going to be a good colleague to work with. I am also pleased to see the noble Baroness, Lady Scott of Bybrook, on the Front Bench, and I echo the kind words that she missed from the Minister regarding her contribution. The noble Baroness—Jane—was a really positive person to work with and I particularly respected the way she understood and respected political difference, and yet we could still have that cup of tea.
I thank the Minister very much for the email that she sent us recently, containing the appendix which outlined all the things that the Government were doing. I was a bit frustrated and had a meeting with the Minister, asking how this fits here and how that fits there. I was pleased that she responded positively. I still like it in diagram form, I must admit, but it really did help.
I have an anecdote on the eligibility period. When we were losing right to buy quite considerably, I noticed the number of homes that were lost within three to five years. It was significant. It had me questioning how people could afford to get social housing in the first place—do not forget that we are in a pretty high-cost housing area. That led us to look at that and we found that it was to do with the number of children, which seemed to be a main factor rather than any issue about household income and how people could afford to pay. I am pleased that we will look at housing allocation again at some point, because I think there are things to look at.
I can only be awestruck by the amendments of the noble Lord, Lord Holmes of Richmond. I have looked through the whole load that he has tabled and I confess that I do not understand most of them. What I do know is that the House has a real expert and champion, and therefore I look forward to the Minister’s answer to the noble Lord.
To put it briefly, we will not support any amendments that are designed to continue right to buy in its current format, given the present crisis situation. We will agree with amendments designed to restrict eligibility and protect any further loss of stock, and thus we completely understand and support government Amendment 4. If someone owns another property, they should not be eligible for right to buy. It is as simple as that.
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My Lords, it is very convenient that my noble friend Lady Scott is in the Chamber, so I can say many thanks for all that she has done and how she helped me come into the House. It is great following someone who is so good, because there is so much to learn and, fortunately, I am still able to access that learning, so I thank her very much.
My noble friend Lady Eaton rightly raises concerns regarding changes to the qualifying period, removing opportunity for many. What is the Government’s evidence that this will work and why is the change being made from three to 10 years? In response to the noble Baroness, Lady Thornhill, who made either a compliment or a back-handed compliment—I am not sure which—it fundamentally comes down to our view that retaining a house with a family in it and not giving them the opportunity to buy it and stay in it, with the proceeds being used to build more social housing, does not remove anyone from the waiting list. Using that resource to build more housing, which could be temporary accommodation, social housing or specialist housing, is an opportunity to reduce the housing waiting list. It is about more homes for more people, and more opportunity.
I will use, if I may, the same pleading as the noble Baroness, Lady Thornhill, that I do not fully understand what my noble friend Lord Holmes of Richmond is proposing. But, certainly, his expertise is far greater than mine and using things such as digital lifecycle services, better technology and encryption technology to support tenants to provide information and to reduce levels of fraud is, surely, a good idea. I look forward to the Minister’s response on those matters.
We have the same concerns about Clause 1, and we are opposed to it until the Government have outlined sufficient evidence on what impact extending the qualifying period will have, not only on housing stock but on tenants who want to own their own home. To many, this, along with other measures proposed in the Bill, would appear to be a deliberate government strategy to undermine right to buy: death by a thousand cuts, so to speak.
Amendment 5 proposes a mechanism to protect existing tenants, and as a result these changes would not affect those who have entered a secure tenancy before this clause comes into force. There is precedent for retrospective protection in legislation, as was done in the Housing Act 2004 passed by the previous Labour Government. There are tenants currently under the impression that they will have the opportunity to own their own home after three years and we should realise the impact that this will have. Alternatively, Amendments 120, 121 and 123 would delay the commencement of Section 1 by three years, thereby giving tenants who are just now entering secure tenancy the opportunity to exercise their current right to buy should they so wish, rather than suddenly snatching it away.
Amendments 7 and 8 reflect our concerns about Clause 2. These probe whether right to buy should be restricted on the basis that a spouse or civil partner, living or deceased, has exercised it in the past.
Amendment 9 also questions the ability of a landlord to be satisfied that persons not married or in civil partnership were none the less living together in that way. These provisions raise key questions about how the state treats two people living together and whether that should affect their property rights. How do the Government plan to communicate these changes so that tenants are aware how their relationships could affect their right to buy? This is particularly pertinent in relation to the Cohabitation Rights Bill, which has been brought forward by the noble Lord, Lord Marks of Henley-on-Thames, and the Government’s consultation on reforming inheritance for unmarried couples.
Furthermore, the Government have tabled Amendments 4, 6 and 122 to introduce a new clause to prevent the right to buy being exercised if a person, their spouse, civil partner or cohabitee already owns other residential property. There are various scenarios I ask the Government to consider. First, as my noble friend Lady Coffey raised, how are the Government defining a relationship in this instance?
As we have seen recently in Scotland, a wife claimed to be completely unaware of a £125,000 motorhome owned by her husband for three years and parked on her mother-in-law’s drive. In all seriousness, it is an optimistic assumption that all those entering relationships are aware of their partner’s current finances and assets. So, how will the Government be able to justify taking away the right to buy from someone who is unaware of a separate asset that they have no stake in? Do the Government accept that there may be additional and unexpected complexities to this proposal?
It also seems to be a contradictory rationale to ban right to buy for tenants in this situation while simultaneously permitting a lifetime tenancy at below-market rates. That seems slightly puzzling. We are not willing to accept these amendments at this stage, and not until further scrutiny of these proposals has taken place on Report.
Finally, Amendment 35 would require the Secretary of State to issue guidance promoting the right-to-buy scheme and financial literacy among young people. People need to be aware of their options and rights, and young people especially need to be given roots to stand on their own two feet. As the Minister herself has previously said, young people need to be more aware of opportunities that are out there for home ownership. Of course, it is not just the case that young people are unaware; they need to be given the financial skills to help navigate the housing market.
I therefore hope the Government will consider our amendments on how we can better support young people to own their own home and look at delaying Clause 4 until such time as this House has had a greater opportunity to scrutinise it.
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My Lords, I will first refer to Opposition comments about government amendments, as that will probably be the most helpful. Tenants who own another property are, by definition, already homeowners, and the right-to-buy scheme was introduced to support tenants who otherwise would be unlikely to access home ownership. Therefore, they should not be given a discount to buy a second home when so many others have not been given the opportunity to purchase a first home. Existing homeowners can generally not join the housing register for the allocation of social housing, including those who own property outside their local authority or abroad, meaning that the measure to exclude such property ownership aligns with existing allocations guidance.
In response to the question from the noble Baroness, Lady Coffey, there is a very detailed explanation of the exclusion in the amendment itself. I will not read it out, because everyone can look at it in the amendment, but the cohabitee part of the amendment refers to
“the co-habitee of the person, or any of the persons, to whom the right to buy belongs; and, for that purpose, one person is the co-habitee of another person if they live together as if they were a married couple or civil partners”.
However, I will reflect on the noble Baroness’s comments if it is not as clear as we hope it is. But, from looking at it again, though, it seems very clear to me in the amendment we have tabled.
I will now tackle the question of whether Clause 1 should stand part of the Bill. Clause 1 increases the minimum tenancy length required for tenants to be eligible for the right-to-buy scheme from three to 10 years. The core aim of the right-to-buy measures in the Bill is to prevent social homes from being sold off without being replaced. Maintaining the eligibility period at three years would contribute to council homes continuing to be sold off at an unsustainable rate and would reduce the ability of our councils to replace those homes.
Furthermore, increasing the minimum eligibility period has received strong support from stakeholders. The noble Baroness, Lady Eaton, asked me about evidence. In our consultation on reforming the right to buy, 81% of all respondents, of which 62% were tenants, supported increasing the minimum period of tenancy required to at least 10 years. In fact, the majority of respondents, 54%, supported someone having to be a public sector tenant for longer than 10 years before becoming eligible for the right to buy.
This takes me neatly on to Amendment 2, tabled by the noble Baroness, Lady Eaton, which seeks to extend the eligibility period under the scheme to five years, instead of the proposed 10. The Government firmly believe that 10 years strikes the right balance between allowing longer-standing tenants the opportunity to own their own home and protecting our much-needed social housing stock. Increasing the eligibility requirement to 10 years will better support councils to rebuild the stock of council homes and will ensure that it is tenants who have lived in and paid rent on their social homes for many years who are able to own their own home through the scheme. Ten years is also the average length of tenancy of someone buying under the scheme currently, meaning that this will not substantially change the average eligibility period of those buying under the scheme.
Amendment 5, tabled by the noble Baroness, Lady O’Neill of Bexley, seeks to amend Clause 1 of the Bill so that the provision only applies to secure tenancies entered into after the measure comes into force, which would mean that existing secure tenancies would still be eligible for the right to buy after only three years of tenancy. Excluding existing tenancies from the eligibility change would mean that the existing three years’ eligibility would continue to apply to the vast majority of council housing tenants and that we would continue to see homes being sold as early as three years after a tenancy is secured. As set out in the Government’s response to the consultation on these measures, we have been clear that the intention is that this change would apply to both existing and new tenants to protect existing social housing stock. For these reasons, we cannot accept this amendment.
Amendments 120, 121 and 123, tabled by the noble Baroness, Lady O’Neill, seek to delay commencement of Clause 1 by three years. It is imperative that we increase the eligibility requirement for right to buy as soon as practicable to ensure we support long-standing tenants in retaining the right to buy, while ensuring that our councils are not losing homes at an unsustainable rate. As such, we intend to bring Clause 1 into force on Royal Assent. This ensures that we act quickly to protect council housing stock and that we prevent a potential spike in sales as a result of these changes. Allowing a three-year lead-in time for Clause 1 would only increase the loss of social homes to the right to buy. I hope that the noble Baroness will understand the reasons I have set out and withdraw her amendment, and I commend this clause to the Committee.
I turn now to Clause 2, which has been opposed by the noble Baroness, Lady Bennett. Repeat purchases through the right to buy go against the core aim of the scheme, which is to support tenants into long-term home ownership. It also undermines the objectives of maintaining and expanding social and affordable housing stock. The vast majority of respondents to the government consultation stated they would support preventing someone who has previously benefited from the right to buy from being able to exercise the right to buy again. Clause 2 delivers on this, with exceptions for victims of domestic abuse and in cases of irretrievable relationship breakdown. The terms of these exceptions are set out in the clause and will be reinforced by updated guidance when the Act comes into force. It will be for social landlords to be satisfied that the exceptions apply, for which they will be able to ask for evidence from the applicant as part of the application process. This is something councils are well practised at doing, as under the current rules those who have previously exercised the right to buy have their discount reduced if they seek to exercise the right to buy again.
I now turn to Amendments 7 and 8, tabled by the noble Baroness, Lady O’Neill, which intend to probe whether the right to buy should be restricted if a spouse or civil partner of tenants have exercised the right to buy before. The Government have carefully considered these restrictions and feel it is appropriate that this policy should include where spouses and civil partners exercised the right to buy in the past, as the household in question can therefore be assessed as having already benefited from the scheme. Allowing repeated purchases within married couples or civil partnerships could lead to the gaming of the system and would undermine the objective of preserving and expanding social housing stock.
Amendment 9 seeks to probe how social landlords could be satisfied that, where a tenant is seeking an exemption to be able exercise the right to buy again due to relationship breakdown, the tenant was not married or in a civil partnership but were living as such—that is, that they were cohabiting. As part of the application process, applicants seeking an exemption will be required to provide evidence of their previous situation. If the landlord is satisfied with that evidence, the right to buy could then be exercised. To reiterate and reassure, we will be providing additional guidance to landlords on Clause 2 and how it will operate. With this explanation, I therefore kindly ask the noble Baroness to withdraw her amendments and commend Clause 2 to the Committee.
Amendment 35, also tabled by the noble Baroness, Lady O’Neill, intends to create a separate piece of guidance for the right to buy specifically aimed at promoting the scheme and financial literacy among young people. I point noble Lords to the existing guide Your Right to Buy Your Home, which is accessible on GOV.UK to all tenants regardless of age. This provides comprehensive guidance on the right-to-buy scheme, including on the costs of home ownership. The guidance will be fully updated in light of the reforms to the scheme. The guidance also includes information on how to access the Money and Pensions Service, which provides free, impartial advice to help people make informed choices about managing their money. This service is accessible to young people. As we do not wish to duplicate any existing guidance, the Government cannot accept this amendment. As I have already alluded to, we will continue to update and promote guidance to tenants on the right to buy through usual channels, notably GOV.UK. We will also share relevant information about the scheme and changes to it with local authorities so that they can disseminate it to their tenants.
Finally, I turn to Amendments 3, 10 and 13. I am grateful to the noble Lord, Lord Holmes of Richmond, for these amendments, and for his technical knowledge which enabled him to bring them before the Committee today. They seek to introduce a centralised digital lifecycle service for the right to buy, alongside new requirements for audit and fraud tracking. I recognise the intention behind these proposals—improving transparency, supporting tenants through the process and strengthening safeguards against fraud are all important objectives. However, the Government do not consider that a centrally mandated digital service is the right approach to achieve these aims. The right to buy is fundamentally a landlord-led process. Individual social landlords hold the relevant tenancy information, determine eligibility and manage applications directly with tenants. This reflects the fact that eligibility depends on detailed, case-specific information—such as tenancy history, property type and previous use of the right to buy—which sits with the landlord, not with central government.
These amendments would require a significant shift away from that established model, creating a national service to replicate functions that are already carried out locally. To operate effectively, such a service would depend on the continuous input and standardisation of very large volumes of data from social landlords across the country. That would not be a simple enhancement. It would require the design and delivery of complex digital infrastructure, the resolution of significant data-sharing and governance issues and the ongoing maintenance of accurate, real-time information across a highly diverse sector. In practice, this creates a substantial delivery risk. There is a real danger that such a system could become burdensome, duplicative and inflexible, placing new administrative burdens on landlords while not improving the core experience for tenants.
Similarly, mandating specific technologies, such as a blockchain-based audit trail, risks imposing disproportionate cost and complexity without clear evidence of additional benefit over existing systems. Landlords are already required to maintain accurate records and have processes in place to identify and investigate potential fraud. For these reasons, while I understand the objectives behind these amendments the Government consider that they would introduce unnecessary complexity, cost, and risk into a system that is best administered at the local level. We therefore cannot support these amendments and I kindly ask the noble Lord not to press them.
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I would like some clarification about government Amendment 4. This is an issue of principle, to some extent. This is an amendment of more than two pages; it is not a small technical correction. As the Minister will have heard from me and my noble friend Lady Coffey, we have some concerns about understanding issues such as what is a cohabitee and when is it defined, and so forth. We genuinely believe that there is a principle here that this House should have the opportunity to properly scrutinise government amendments, and this government amendment has come just after the Bill was published. Why was it not in the original Bill, and why should we not be given the opportunity, given that it is quite a large amendment, to take it to Report, which would give the Government and us the opportunity to clarify some of these issues that have been raised here today?
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As I set out in response to the noble Baroness, Lady Coffey, and the noble Lord, Lord Jamieson, a clear definition is set out in the new clause. I accept what the noble Lord says. Perhaps, if he would rather reflect on this between now and Report, I will have further discussions with him on that. Is he suggesting that I should not move the amendment at this stage?
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Yes; we would be very happy if the noble Baroness did not move the amendment. We would prefer that that amendment is moved on Report after we have had the opportunity for clarification and conversations.
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Forgive me, but it was my understanding that it had been agreed through the usual channels that we could move this amendment today.
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That was not my understanding.
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My Lords, I am grateful to the Minister for her response and to all noble Lords who tabled amendments and provided insight in the debate. It is clear that the changes to right to buy need to be properly and thoroughly thought through, not only to ensure that they are backed by sufficient evidence but so that they consider the real-life consequences. This is certainly true for existing tenants of social housing who may not be aware of upcoming changes and who may have hopes of owning their own home for the first time.
I thank my noble friend Lady O’Neill of Bexley and my noble friend Lord Jamieson for considering in their amendments in this group how tenants can be better protected, particularly by promoting greater financial literacy and looking in detail at the commencement of the Bill’s provisions.
I also thank the Minister for her answers, but I hope that the Government will look further into the evidence behind extending the qualifying period to properly assess whether 10 years really is the most effective and necessary number. If the differences in predicted outcomes between five- and 10-year periods are marginal, the period should not be extended more than is absolutely necessary. We should not treat people’s aspirations with contempt and restrict their rights purely to undermine a scheme for the sake of it.
More broadly, therefore, I hope the Government will reflect on what these changes mean for existing tenants, whose hopes and dreams of owning a home should not be treated as chess pieces to be moved, or indeed looked down on. At this point, in Committee, however, I would like to withdraw my amendment.
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I move the amendment formally but I am happy to discuss it further with noble Lords if they have concerns about the definition.
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My Lords, I outlined in our debate on Amendment 1 why I am opposing all these clauses, specifically Clauses 3 and 4 in this group. My opposition to Clause 2 was because I wanted to go further, not to ensure that there is no double-dipping within households or by individuals. I also make it clear that on Clause 3, I am not opposed to the extension of the period of eligibility and on Clause 4, I am not opposed to anti-fraud measures. There are people opposing these clauses for different reasons, but mine is a desire to stop right to buy altogether.
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My Lords, the intention of the Government is to change the discount on right to buy, dropping it from the current 35% rate for houses and 50% for flats all the way down to 5%. Taking Amendments 14 and 15 together, I agree with the intention to add percentages as the number of years of accommodation are covered. However, going all the way down to requiring 95% of the market rate to be paid is somewhat strong, recognising how quickly it is intended for this clause to come into effect. I went for a halfway house of 20%—because for other social housing providers the affordable rent is capped at 80% of market rent—thinking that this might prove a sensible way to help people to acquire a home; this 20% discount is similar to the discount that happens for the same property when it comes to rent.
Why is this? Not everybody who lives in social housing is on benefits—quite a high proportion are not. There is an assumption that it does not matter anyway. I appreciate that not everybody who lives in social housing—in a council house or one provided by a housing association—wants to buy where they live. But I fear that this will put a lot of people out. I am very supportive of some of the earlier clauses where we have extended how long somebody needs to have been living in that home. Would the Government consider something that is in parity? The approach to rent should also be the approach on the discount to buy. I beg to move.
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My Lords, I support my noble friend in her amendment. I should declare this first time in Committee my interests, as recorded in the register, as chair of the Cambridgeshire Development Forum and adviser to other development forums, although all the views I will express will be entirely my own and not attributable to any members of those forums.
We arrived at a position back in 2024 when the Government radically reduced the discount rate for existing tenants. I felt very strongly, as I think my noble friend did, that there were significant legitimate expectations on the part of those who were tenants that they would be saving over a period of time and would have the opportunity to buy at a significant discount. I can see that the Government had the right as an incoming Government to adjust the discount, and they chose to do that, but I think they went too far. I firmly support my noble friend in saying that we want to continue to give tenants the feeling of hope that they will buy and that there has to be a sufficient discount to make it worth their while to do so, especially in many parts of the country where property prices these days are not necessarily increasing. We do not want them to not take the opportunity to buy because they fear that the property they would buy would no longer be of the value they have paid.
The discount that my noble friend is recommending in Amendments 14 and 15 firmly puts us in the right sort of territory for continuing to meet, to some extent, the legitimate expectations of many tenants and is sufficient to make it clear that we are not giving them an undue incentive to buy. When you combine my noble friend’s amendments with some of the Government’s amendments and others, which mean the right to buy is able to be established only over a significant period of time, as we have just recently discussed, that is quite a manageable combination. The Government should be willing to entertain that people who have been tenants for a long time, or are tenants for a long period of time in the future, are given a worthwhile discount of the kind my noble friend proposes.
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My Lords, I rise to speak in support of my noble friend Lady Coffey and to make the simple point that while the Government seem to be trying to reduce right to buy’s ability to give people an astonishingly important way to invest for their retirements, buy a stake in society, provide security for their family and so forth, the key point has been forgotten. Right to buy, when the receipts are recycled, is a very good way of renewing our social housing stock. For somebody who has been living there a long time to buy an older house—and there are provisions in the Bill to lengthen to 35 years the terms under which a new house may be purchased—acquiring it releases incrementally the funds to improve the stock over many years. This is not a bad thing but a good thing.
The purpose of my noble friend Lady Coffey’s amendment is to provide a meaningful incentive but not an overly generous one. It balances the rights of the individual, as my noble friend Lord Lansley said, to save over a long period of time in the expectation that they may acquire the home, which they have previously rented, with sufficient funds, 80% of the value—which is more or less the cost of producing a replacement. It balances that private interest with the public good, and I strongly support my noble friend Lady Coffey’s amendment. It does the right thing in the right way in the right quantum to ensure that there is a source of funding to upgrade and replace that core housing stock. Otherwise, it will fossilise and get old, and that is not in anybody’s interests.
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I will stick to my words at the beginning and be as brief as possible and to the point. If the aim is to preserve existing stock, clearly this is a lever you have to pull. We would not disagree with that, even though it is so low, but let us be clear: if the average house price in my area—actually, perhaps the average is not a good way of looking at it, but if the median house price is about £450,000, you are still getting a discount of £90,000. How many of us would say no to that?
The other question we have to ask ourselves is: who pays for the discount? However much detail we want to get into about finances, the bottom line is that a sale does not build another house and that money has to be added. Those are simple reasons why we support this direction in the Bill.
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My Lords, I add my congratulations to the noble Baroness, Lady Curran, on her return to the Front Bench. I declare my interests as vice-president of London Councils—I will be there tomorrow morning—and as a part-owner of a rented property in Bexley. I also put on record that my parents had a right to buy. My dad was a bus conductor, and I am proud of that.
I am grateful to all noble Lords who have contributed to this debate on what is ultimately a question of proportionality. The Government believe that the current level of discounts is too generous and that they need to be reduced. The question raised by these amendments is whether the reductions proposed in the Bill go further than necessary, and hence we have probed the inclusion of Clause 5. My noble friend Lady Coffey’s amendments do not seek to preserve the status quo; rather, they offer an alternative approach that would reduce discounts while retaining a meaningful incentive for tenants considering home ownership, as my noble friend Lord Fuller said. In that sense, they seek a compromise between the current arrangements and the considerably lower levels proposed by the Government.
Noble Lords have referred to the importance of preserving the viability of the scheme. That is a legitimate concern. If discounts are reduced to the point where the financial advantage of exercising right to buy becomes marginal, there is a risk that the policy ceases to operate as intended. The issue before the Committee is therefore not whether discounts should ever change but whether the Government have adequately justified reductions at the scale proposed in the Bill. Having listened to the debate, I am not yet persuaded that they have. For that reason, I hope the Minister will give further consideration to a more measured approach to better preserve the opportunities that the right-to-buy scheme has offered to many tenants over the years.
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My Lords, I am grateful to the noble Lords who have spoken in this debate: the noble Baronesses, Lady Coffey, Lady Thornhill and Lady O’Neill, and the noble Lords, Lord Lansley and Lord Fuller. First, I will defend why Clause 5 should stand part of the Bill. The right-to-buy scheme continues to provide an important route for social housing tenants to own their own homes. However, we must ensure that the scheme remains sustainable. This includes ensuring that discounts are set at the right level to enable long-standing tenants to buy under the scheme but without depleting levels of social housing stock.
The Government has already taken action to reduce the maximum cash discounts in November 2024 by returning them to pre-2012 levels. We committed to revising the discounts available as a percentage of the property value so that they align better with the revised cash cap amounts. Clause 5 delivers on our commitment to do this by reducing the percentage discounts so that they start at 5% of the property value after 10 years of public sector tenancy, with an increase for every extra year of tenancy up to a maximum of 15%.
As is the case now, these percentage discounts will be subject to the cash caps which set out the maximum cash discount that a tenant can receive in their local authority area. Aligning the discounts available as a percentage of the property value with the cash caps ensures that those who have been in their homes the longest benefit the most, while also avoiding disproportionately large discounts in high-value areas. The revised percentage discount levels aim to strike a balance between the responses received during the right to buy consultation, where many respondents supported setting the percentage discounts lower than is proposed by this clause.
We are also simplifying the rules by applying a single set of discount arrangements to houses and flats, making the scheme clearer and more consistent for tenants. This clause also extends the discount repayment period to 10 years after the original sale from the current five years, during which a purchaser looking to resell the property will be required to repay all or some of the discount on a sliding scale. This measure was supported by 72% of all respondents to our consultation. It will ensure that there is less of an incentive for early resale, which can undermine the purpose of the scheme, and will encourage people buying under the scheme to retain the property and discourage some of the profiteering that we have seen. With this explanation, I therefore ask the noble Baroness, Lady Bennett, to withdraw her opposition to the clause standing part of the Bill.
I turn to Amendments 14 and 15, tabled by the noble Baroness, Lady Coffey. The intention of these amendments—to set the minimum percentage discount at 20% and the maximum at 30%—would undermine the core aims of the clause that I have just set out and would keep the percentage discounts too high. In practice, the lower maximum cash discounts would take effect over the percentage amounts, as the cash cap would often be the lesser of the two discounts and would determine the discount that the tenant would receive. This would also mean that tenants with longer tenancies would be less likely to benefit, because the cash cap would bite sooner on the actual discount received. I therefore kindly ask the noble Baroness to withdraw her amendment.
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I am grateful to the Minister for her response. I do not think we can base every decision or amendment on exactly where one lives—recognising that there are parts of the country where there are significantly lower costs and low market prices to be had. I also go back partly to what I said at Second Reading; there is a risk that, as people retire, they will start to claim benefits to continue to live in the places where they are currently social housing tenants. I think it would be worth looking at the maths again, but with that I beg leave to withdraw my amendment.
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My Lords, I would like to begin this debate by stating our concerns with Clause 6. Perhaps they are the same concerns that the noble Baroness, Lady Bennett of Manor Castle, has.
The right of first refusal dictates that, if you bought a property through the right-to-buy scheme and decide to sell it within 10 years, you are required to offer the property back to your former social landlord before putting it on to the open market. The current measure provides an opportunity for previous social landlords to reacquire. However, extending it indefinitely raises a number of potential complexities and practical issues. It also undermines the principle of property ownership. What happens if you leave the property to your children? Does it impact any subsequent sales if the landlord decides not to reacquire it the first time?
Many owners will decide to stay on their properties well beyond the 10 years before they even think of selling, or they may decide, as I mentioned, to pass it on to their children. If the right of first refusal is extended in perpetuity, what happens if a former social housing landlord has changed? A council may have merged with another or split into two—or in some cases three, under the current local government reorganisation—and it is not clear who the former landlord is. The housing association may have closed. Have the Government considered these practicalities and scenarios, and who is responsible in each of them for ensuring that the right of first refusal is upheld? Perhaps that is one for my noble friend Lord Holmes of Richmond to consider with technology and blockchain.
Turning to Clause 7, we have several concerns. Amendment 17 in my name probes the necessity of replacing the specific and widely understood term “warden” with the general and less specific term “manager”. I would appreciate the Minister providing some justification for this change.
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My Lords, on Clause 6, I have a contrary view to that of the noble Lord, Lord Jamieson. I start by reminding the Committee that I have a registered interest as a councillor on Kirklees Council, which directly manages council housing in the borough.
The amendment in my name is related only to Clause 6, which is about social landlords’ right of first refusal to buy back properties. My reason for this amendment is that, first, there is wide agreement that there is a national housing emergency—despite what we have heard in debates on earlier amendments—due to a chronic lack of properties at a social rent. As we have heard from my noble friend Lady Thornhill, we on the Liberal Democrat Benches support the principles underpinning the Bill. Although the primary purpose of the Bill relates to constraining the right to buy, there is, unfortunately, very little ambition to rapidly increase the supply. A rapid increase is desperately needed, given the numbers—over 1 million people on housing waiting lists, the increasing number of people who are homeless, and the absolute scandal of over 170,000 children living in temporary accommodation for long periods.
Clause 6 provides a route by which councils can relatively quickly increase their supply of housing at a social rent. The changes it makes to the right of first refusal are significant. By removing the previous 10-year time limit, the Bill grants local authorities an indefinite right to repurchase former council homes every time they are resold on the open market. That is a powerful mechanism to reclaim lost stock and ensure that these homes return to the social housing sector, where they are so desperately needed.
However, a right is only as effective as the resources available to exercise it. Clause 9 helpfully allows the Secretary of State to let councils retain more of their right to buy receipts by modifying pooling requirements. Although welcome, I am afraid that it is but a drop in the ocean. Retention of receipts alone is not enough. For the following reasons, a dedicated additional funding stream is needed to support Clause 6 repurchases.
The first reason is market value realities. Clause 6 allows councils to buy back homes at market value. Homes sold decades ago have appreciated significantly, meaning that the retained receipts from a limited number of current sales under Clause 9 will be insufficient to buy back a meaningful volume of older stock. In other words, there is not enough cash available.
The second reason is that significant financial savings by both councils and the Government can be achieved by investing in repurchases. Local authorities currently spend £1.7 billion on temporary accommodation every year. That figure, which is from two years ago, has increased by 62% in just five years. Providing additional central funding to buy back permanent social homes would drastically reduce this unsustainable cost to local government.
The third reason is to stop the private transfer of homes. Currently, four in 10 homes sold under right to buy end up in the hands of private landlords, which rather undermines the argument we heard earlier. When they are sold to private landlords, rents inevitably rise significantly and support for tenants is much reduced. Without additional funding beyond the provisions in Clause 9, councils will be forced to watch as these homes are sold to the highest private bidder because they lack the immediate capital to exercise their new indefinite right to first refusal—which we support.
Clause 6 is a positive change, and Clause 9 provides a helpful start for self-funding, but to truly end the housing emergency and deliver the 90,000 new social homes every year that advocates such as Shelter call for—let alone the 150,000 that the Liberal Democrats want—councils must be given access to supplementary grant funding specifically for repurchases. It would be a win-win. Having the funding to buy back former social houses would rapidly increase desperately needed supply and enable families in temporary accommodation to be housed permanently, which both saves expenditure on temporary accommodation and provides families, and especially children, with the stability of a permanent home, which is very important to young people. I hope that the Minister will provide a positive response and open those government purses so that we can achieve a greater number of former council homes being bought back to house folk who desperately need them.