I do not understand some of the Government’s responses. Their idea is that this legislation could put off new providers. I do not know about everyone else’s high street, but we have quite enough in the way of estate agents and letting agents. The notion that they will not be set up because we legislate for them to provide decent treatment for tenants and landlords, and indeed for buyers and sellers, is not one that I accept. I thank the noble Baroness, Lady Bakewell, for her support because there we have it from a real consumer who went to a letting agent and saw what happened. Basically, you keep on paying but you are not sure what it is that you are paying for.

Our amendment would do two things. It would stop estate agents from charging sellers and buyers for the same service and it would stop letting agents from charging tenants what they have already charged landlords for. I wish to test the opinion of the House.

8.43 pm

Division on Amendment 44ZA

Contents 113; Not-Contents 156.

Amendment 44ZA disagreed.

Division No.  3


Adams of Craigielea, B.

Bach, L.

Bassam of Brighton, L. [Teller]

Beecham, L.

24 Nov 2014 : Column 763

Berkeley, L.

Berkeley of Knighton, L.

Blood, B.

Boateng, L.

Bradley, L.

Brennan, L.

Brookman, L.

Browne of Belmont, L.

Campbell-Savours, L.

Carter of Coles, L.

Cashman, L.

Clark of Windermere, L.

Corston, B.

Crawley, B.

Davies of Oldham, L.

Davies of Stamford, L.

Dean of Thornton-le-Fylde, B.

Donaghy, B.

Dubs, L.

Elder, L.

Elystan-Morgan, L.

Farrington of Ribbleton, B.

Faulkner of Worcester, L.

Foulkes of Cumnock, L.

Gale, B.

Gardner of Parkes, B.

Giddens, L.

Golding, B.

Gordon of Strathblane, L.

Gould of Potternewton, B.

Grantchester, L.

Grocott, L.

Hanworth, V.

Harris of Haringey, L.

Haworth, L.

Hayter of Kentish Town, B.

Healy of Primrose Hill, B.

Hollis of Heigham, B.

Howarth of Newport, L.

Howe of Aberavon, L.

Howe of Idlicote, B.

Howells of St Davids, B.

Howie of Troon, L.

Hoyle, L.

Hughes of Stretford, B.

Hughes of Woodside, L.

Hunt of Kings Heath, L.

Jones, L.

Jones of Moulsecoomb, B.

Jones of Whitchurch, B.

Jordan, L.

Judd, L.

Kennedy of Southwark, L.

King of Bow, B.

Kingsmill, B.

Kinnock, L.

Kinnock of Holyhead, B.

Kirkhill, L.

Knight of Weymouth, L.

Lawrence of Clarendon, B.

Layard, L.

Lea of Crondall, L.

Lennie, L.

Liddle, L.

Lister of Burtersett, B.

McAvoy, L.

McFall of Alcluith, L.

McIntosh of Hudnall, B.

MacKenzie of Culkein, L.

Maginnis of Drumglass, L.

Masham of Ilton, B.

Maxton, L.

Mitchell, L.

Monks, L.

Morgan, L.

Morgan of Ely, B.

Morris of Handsworth, L.

Morris of Yardley, B.

Nye, B.

O'Loan, B.

Patel of Bradford, L.

Pendry, L.

Pitkeathley, B.

Prescott, L.

Reid of Cardowan, L.

Robertson of Port Ellen, L.

Rogan, L.

Rooker, L.

Rosser, L.

Royall of Blaisdon, B.

St John of Bletso, L.

Sawyer, L.

Scotland of Asthal, B.

Simon, V.

Smith of Basildon, B.

Snape, L.

Soley, L.

Stevenson of Balmacara, L.

Temple-Morris, L.

Thornton, B.

Tunnicliffe, L. [Teller]

Walpole, L.

Warwick of Undercliffe, B.

Watson of Invergowrie, L.

Wheeler, B.

Whitaker, B.

Wigley, L.

Winston, L.

Young of Old Scone, B.


Addington, L.

Ahmad of Wimbledon, L.

Alderdice, L.

Allan of Hallam, L.

Ashton of Hyde, L.

Astor of Hever, L.

Bakewell of Hardington Mandeville, B.

Bates, L.

Blencathra, L.

Borwick, L.

Bourne of Aberystwyth, L.

Brabazon of Tara, L.

Bridgeman, V.

Brinton, B.

Brooke of Sutton Mandeville, L.

Burnett, L.

Carrington of Fulham, L.

Cathcart, E.

Chisholm of Owlpen, B.

Colwyn, L.

Cooper of Windrush, L.

Cope of Berkeley, L.

Cotter, L.

Courtown, E.

Crathorne, L.

Crickhowell, L.

De Mauley, L.

Deighton, L.

Dholakia, L.

Dixon-Smith, L.

Dobbs, L.

Dykes, L.

Eaton, B.

Eccles, V.

Empey, L.

Evans of Bowes Park, B.

Farmer, L.

Faulks, L.

24 Nov 2014 : Column 764

Fearn, L.

Fellowes of West Stafford, L.

Fookes, B.

Forsyth of Drumlean, L.

Fowler, L.

Fox, L.

Framlingham, L.

Freeman, L.

Freud, L.

Garden of Frognal, B.

Gardiner of Kimble, L.

Garel-Jones, L.

Geddes, L.

German, L.

Glasgow, E.

Goddard of Stockport, L.

Gold, L.

Goodlad, L.

Goschen, V.

Grender, B.

Hamilton of Epsom, L.

Hamwee, B.

Harris of Richmond, B.

Hodgson of Abinger, B.

Hodgson of Astley Abbotts, L.

Holmes of Richmond, L.

Hooper, B.

Horam, L.

Howe, E.

Humphreys, B.

Hussain, L.

Inglewood, L.

Janke, B.

Jenkin of Kennington, B.

Jenkin of Roding, L.

Jolly, B.

Kirkham, L.

Knight of Collingtree, B.

Kramer, B.

Lawson of Blaby, L.

Lexden, L.

Lingfield, L.

Livingston of Parkhead, L.

Loomba, L.

Ludford, B.

Lyell, L.

McColl of Dulwich, L.

Mackay of Clashfern, L.

McNally, L.

Maddock, B.

Mancroft, L.

Manzoor, B.

Marlesford, L.

Miller of Chilthorne Domer, B.

Mobarik, B.

Moore of Lower Marsh, L.

Morris of Bolton, B.

Moynihan, L.

Naseby, L.

Neville-Rolfe, B.

Newby, L. [Teller]

Newlove, B.

Northbrook, L.

Norton of Louth, L.

O'Cathain, B.

Oppenheim-Barnes, B.

Paddick, L.

Perry of Southwark, B.

Phillips of Sudbury, L.

Popat, L.

Purvis of Tweed, L.

Randerson, B.

Razzall, L.

Rennard, L.

Ridley, V.

Risby, L.

Roberts of Llandudno, L.

Rowe-Beddoe, L.

Sanderson of Bowden, L.

Seccombe, B.

Selborne, E.

Selsdon, L.

Sharkey, L.

Sharp of Guildford, B.

Sharples, B.

Sherbourne of Didsbury, L.

Shields, B.

Shipley, L.

Shrewsbury, E.

Shutt of Greetland, L.

Smith of Newnham, B.

Spicer, L.

Stedman-Scott, B.

Steel of Aikwood, L.

Stewartby, L.

Stirrup, L.

Stoneham of Droxford, L.

Stowell of Beeston, B.

Suttie, B.

Taylor of Holbeach, L. [Teller]

Teverson, L.

Thomas of Gresford, L.

Tordoff, L.

Trefgarne, L.

True, L.

Tugendhat, L.

Tyler, L.

Ullswater, V.

Verma, B.

Wallace of Saltaire, L.

Wallace of Tankerness, L.

Walmsley, B.

Warsi, B.

Wasserman, L.

Wei, L.

Wheatcroft, B.

Williams of Trafford, B.

Wrigglesworth, L.

8.55 pm

Clause 81: Duty of letting agents to publicise fees

Amendments 44A to 44C

Moved by Baroness Neville-Rolfe

44A: Clause 81, page 43, line 28, at end insert—

“(4A) Subsections (4B) and (4C) apply to a letting agent engaging in letting agency or property management work in relation to dwelling-houses in England.

24 Nov 2014 : Column 765

(4B) If the agent holds money on behalf of persons to whom the agent provides services as part of that work, the duty imposed on the agent by subsection (2) or (3) includes a duty to display or publish, with the list of fees, a statement of whether the agent is a member of a client money protection scheme.

(4C) If the agent is required to be a member of a redress scheme for dealing with complaints in connection with that work, the duty imposed on the agent by subsection (2) or (3) includes a duty to display or publish, with the list of fees, a statement—

(a) that indicates that the agent is a member of a redress scheme, and

(b) that gives the name of the scheme.”

44B: Clause 81, page 43, line 31, at end insert “or (where applicable) a statement within subsection (4B) or (4C)”

44C: Clause 81, page 43, line 32, at end insert—

“(6) In this section—

“client money protection scheme” means a scheme which enables a person on whose behalf a letting agent holds money to be compensated if all or part of that money is not repaid to that person in circumstances where the scheme applies;

“redress scheme” means a redress scheme for which provision is made by order under section 83 or 84 of the Enterprise and Regulatory Reform Act 2013.”

Amendments 44A to 44C agreed.

Amendment 44D not moved.

Amendment 45

Moved by Baroness Neville-Rolfe

45: After Clause 86, insert the following new Clause—Student complaints scheme

Qualifying institutions for the purposes of the student complaints scheme

(1) The Higher Education Act 2004 is amended as follows.

(2) In section 11 (qualifying institutions for the purposes of the student complaints scheme) after paragraph (d) insert—

“(e) an institution (other than one within another paragraph of this section) which provides higher education courses which are designated for the purposes of section 22 of the 1998 Act by or under regulations under that section;

(f) an institution (other than one within another paragraph of this section) whose entitlement to grant awards is conferred by an order under section 76(1) of the 1992 Act.”

(3) In section 12 (qualifying complaints for the purposes of the student complaints scheme)—

(a) in subsection (1) for “subsection (2)” substitute “subsections (2) and (3)”, and

(b) after subsection (2) insert—

“(3) The designated operator may determine that a complaint within subsection (1) about an act or omission of a qualifying institution within paragraph (e) or (f) of section 11 is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a particular course or a course of a particular description.””

Baroness Neville-Rolfe: My Lords, I would like to end by thanking the noble Baroness, Lady Hayter, for retabling this important amendment, which seeks to ensure that students in receipt of student support funding can access the dispute resolution scheme run by the Office of the Independent Adjudicator for Higher Education—the OIA. In Committee, the noble Baroness set out a cogent case for ensuring that higher education students receiving public support should have access to this valuable service. We listened carefully to those concerns. As the noble Baroness pointed out, the 2011

24 Nov 2014 : Column 766

higher education White Paper


Students at the Heart of the System

, had already set out our intention to require that all higher education students receiving public support should have access to external dispute resolution. This was part of a wider package of measures aimed at developing a new regulatory framework across higher education that required legislation to implement it.

Increasingly, there are new and different providers offering higher education, not just the traditional university sector. Currently, students at these newer higher education providers do not always have the right to take their unresolved complaints to the OIA. A handful of alternative providers have so far voluntarily joined the OIA’s complaints handling scheme. However, we think that all higher education students receiving student support should be able to access this service, and the only way to achieve this is by requiring it in legislation. We have now tabled a government amendment to enable a much wider group of students in future to have access to the OIA’s complaint handling scheme. In practical terms, it means that full and part-time higher education students in receipt of student support and studying at alternative providers and further education colleges in England and Wales will be able to bring a complaint to the OIA.

In future, these students will be able to ask the OIA to look at unresolved student complaints on issues such as an institution failing to deliver courses as advertised or courses that are not fit for purpose; misleading or untrue information about a course; and complaints about teaching and facilities, bullying and harassment and welfare issues. We should also expect to see an improvement in complaint handling arrangements at those institutions required to join the OIA scheme. A major part of the OIA’s role is also to spread good practice in complaint handling more generally. I beg to move.

Baroness Hayter of Kentish Town: My Lords, it is a genuine pleasure to thank the Minister for responding to the amendment that we tabled in Committee and improving the language somewhat from our draft. We are delighted by that. She may, however, be amused to learn that just yesterday, Which? published a new report. It is entitled A Degree of Value: Value for Money from the Student Perspective, and it calls for all higher education students to have access to the OIA. The report was published yesterday; students are going to get it in about 30 seconds’ time. I am not sure whether Which? will claim the credit, but it is nice that it will seem a quick win for it. We are delighted, and I know that the adjudicator is also very pleased that this will treat all students in the same way. I thank the Minister and we look forward to that being enacted.

Amendment 45 agreed.

Amendment 46 not moved.

Consideration on Report adjourned.

Buckinghamshire County Council (Filming on Highways) Bill [HL]

Returned from the Commons

The Bill was returned from the Commons agreed to.

House adjourned at 8.59 pm.