Housing and Regeneration Bill

moved Amendment No. 110YA: 110YA: Clause 237, page 96, line 33, at end insert— ““( ) an applicant for social housing, or each member of a class of such applicants, who has applied to the registered provider for an allocation of its housing.”” The noble Baroness said: The amendment brings us to the provisions for compensation and seeks to add a category of persons to whom an award can be made. Clause 237(1) states: "““Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure””." The amendment is the result of a matter that was brought to my attention by the Housing Law Practitioners Association, which does what its title suggests and practises housing law. Other amendments, to which we will come on Monday, also arise out of its practice and experience. The amendment is designed to allow the regulator to award compensation to anyone who has applied to a registered provider but has been treated unfairly by the provider. The circumstances under which a provider may be required to pay compensation include cases where the provider fails to meet a standard. The one which is most relevant here is the criteria for allocating tenancies. The clause as drafted benefits existing tenants and occupiers and does not extend the possibility of compensation to someone who has applied for housing. I foresee problems with regard to actions taken by tenants as a group; on the other hand, someone who has not been allocated may have suffered as a result of a failure. Existing tenants and occupiers should not have any problem with an extension. Those who might be affected by such a failure are people on the provider’s waiting list or on the housing register. If the Minister will not accept the amendment, can she explain why someone who has suffered a loss or hardship in such circumstances should not be included in this category? If this is not the way to deal with the issue, is there another way of extending compensation to those who have suffered? I beg to move.