The tragedy of the death of Awaab Ishak as a direct result of the poor conditions in his social rented home has rightly awakened a storm of protest about the state of rented housing in this country. It is shaming to have to admit that our rented housing is failing so many people, but particularly the public sector stock that many of us are so proud of.
Michael Gove’s attempt on the Today programme on 24th November to lay the blame for mouldy walls and damp conditions entirely on social housing providers is unfair and just does not hold water. The Tory Government should take some responsibility for where we are now – but it won’t, of course.
Firstly, the point should be made that the housing sector has had to deal with massive funding pressures since the Tories came into power in 2010. This started with the Spending Review of 2010 which saw investment in building new housing association homes cut by two thirds. Caps on subsidy, followed by rent caps (to save on Housing Benefit expenditure), and the end of funding for Decent Homes improvements meant that the sector stopped putting enough cash into maintenance. We also saw continual extensions of the Right To Buy reducing incomes from rents, and housing providers diverting funds into work to support tenants to cope with shrinking incomes through welfare “reforms”. The plain truth is that the failures in the stock are systemic and were predictable, and Gove’s attack on the sector is totally opportunistic and hypocritical.
It is really shattering to hear so many tenants still saying that their landlords are not listening to them, but Gove’s claim that the current government is on the side of the tenant does not compute. He said they are bringing forward legislation “to allow us to hear the voice of tenants more clearly”, but he clearly does not remember that it was the Tory-led Coalition Government which, in short order after their election in 2010, as well as abolishing the Tenant Services Authority and the Audit Commission, thereby reducing the regulation of social landlords, also abandoned both National Tenant Voice (NTV) and the National Tenant Council, leaving tenants with no national representation at all. NTV would have had 4 distinct roles:
- advocacy
- research
- communication
- support
By contrast, as Marianne Hood pointed out in LHG’s recent In Conversation session, Robert Jenrick (former Secretary of State) saying he wanted tenants to feel more empowered did not mean, as Marianne comments, that tenants will be more empowered under the Tories’ plans. Indeed, the Social Housing (Regulation) Bill currently going through Parliament contains no mechanism to hear the collective voice of tenants, gives powers to the regulator but none to tenants, and provides tenants with little by way of accountability or redress, despite claims made by the Tories. Tenants – seen as consumers with a range of choices – will have no additional sanctions; only the Social Housing Regulator has these powers.
Marianne also pointed out that genuine effective participation can lead to better design, better policies, and better use of scarce resources, and indeed to the avoidance of costly mistakes. The diminution of the tenant participation movement by the Tories from 2010 onwards – along with the end of tenants being required to be on Housing Association Boards – is part of the story of the tragic waste of life at Grenfell and elsewhere, as shown in Rochdale and sadly, likely in other places too.
As I show below, some responsibility has to be taken by architects keen to use the latest but untested ideas of new design and new materials. We can also guess that structural problems, becoming rife in the private house-building in recent years, are likely to affect social housing too, since the problems are largely due to cost-cutting, under-supply of building inspectors, and poor regulation of the construction industry.
It is also shattering to hear that landlords are still alleging that their “lifestyle” is to blame for the damp and mould. 46 years ago, one of my first tasks as a new housing aid worker covering the North East of England was to help families living in a fairly new council estate who were lumbered with electricity bills of £200-300 a quarter, an unthinkable amount in the mid-1970s. The ceiling heating installed there was simply not suitable for the concrete “scissor” blocks, and many of the maisonettes were not only cold but had green and black walls, furniture rotting from the mould, and soaking wet carpets. As happens today, tenants were told they were not managing the heating properly, should stop drying clothes inside the rooms, and to turn up the heating and open the windows. The estate was demolished in the 1990s, with no-one in any doubt that the cheaply-built mass-produced concrete homes, and the ceiling heating, had not met the council’s original vision of the estate as a “bold pioneering showpiece development”.
Of course the many stories about damp and mouldy homes heard since the inquest have been these problems in the private rented sector too. Michael Gove tries hard to persuade us that they are taking action to make life safer and more secure for private tenants. The abolition of S.21 no-fault evictions, first promised by the Tory Government in April 2019 is still awaited: the Renters’ Reform Bill will not go before the House of Commons until well into 2023, if we are lucky. Legislation to prevent retaliatory evictions will be included: surveys done by Shelter in 2014 led to the conclusion that around 200,000 private tenants had been evicted after asking for repairs to be carried out.
The cut in the numbers of Environmental Health Officers employed by local councils is also a huge contributor to the lack of enforcement on poor housing conditions. In 2019, Unison found that EHO budgets per head of population had more than halved – falling by 52.92% between 2009 and 2018 – and enforcement visits by EHOs had dropped by nearly a half. CIEH (the environmental health professional body) reported in 2021 that 9 out of 10 EH teams had used agency staff in 2020 because of lack of resources or recruitment problems, and 56% of councils had vacancies left empty for 6 months or more. Teams which now cover Covid-19 planning and contact tracing, food hygiene, emergency planning, trading standards, and business advice, in addition to their housing work, are widely said to be struggling to deliver some of their statutory environmental health duties.
Finally, Gove’s statement on the radio that everyone has the right to a home fit for habitation would be great if it were true. Whilst the Homes (Fitness for Human Habitation) Act 2019 introduced by Karen Buck MP gives landlords a duty to make sure that homes are safe, healthy and free from hazards that could cause the tenant and their household serious harm, there is as yet no right to a home enshrined in UK law. LHG and the Labour Campaign for Human Rights are together doing our level best to ensure that this right is built into English law when we have a Labour Government in place. This would indeed ensure there is effective enforcement, redress for tenants, accountability of all landlords, and a voice for tenants, both individually and collectively.
As Karen Buck herself points out, “with the Human Rights Act itself once again under attack by this Government, we must remain focused on what can be achieved and must be demanded right now, to end the misery endured by so many people trapped in unfit homes.”
Sheila Spencer is the Secretary of the Labour Housing Group.