David Melding: Move.
David Melding: Move.
David Melding: I know that amendment 25 is key to the Government's central narrative and that, here in Wales, the ultimate deterrent for deviation from the law is that a landlord could lose their licence under Rent Smart Wales, and this is reflected in this amendment, specifically in relation to the failure to repay a prohibited payment. As I've said, I believe we've missed a trick in not ensuring that the...
David Melding: Move.
David Melding: Thank you, Deputy Presiding Officer, and I'm very happy to move both of the amendments in this group, which have been developed in close collaboration with the Minister and her team. And I know I've said a few sharp things, but I hope I've said many more constructive things about this legislation, and I do think it's a good sign when the Government gets behind an opposition-inspired...
David Melding: I move.
David Melding: Thank you, Deputy Presiding Officer. The lead amendment in this group, amendment 45, places a duty on local authorities to notify Rent Smart Wales when a fixed penalty is paid. During the Committee Stage of this Bill we agreed with Rent Smart Wales that the process needs to be tightened to ensure that, when a fixed-penalty notice is paid, Rent Smart Wales is informed. This will help with...
David Melding: Thank you, Deputy Presiding Officer. You know, at certain points in Stage 3, we get to the heart of the matter, and this legislation, this Bill, is supposed to be about protecting tenants from unlawful payments. The one thing it doesn’t do efficiently is refund the illegal payment, and I just think that anyone watching this would be mystified. At least in England, whatever the deficiencies...
David Melding: Thank you, Deputy Presiding Officer. I'm happy to move both of my amendments in this group, namely 43 and 44. Amendment 44 stems from the same one that I brought forward at Stage 2 and builds on the amendments that the Government has already put in place, increasing the fixed-penalty notice from £500 to £1,000. My version increases the fixed-penalty notice from £1,000 to £2,000. I do...
David Melding: Can I just welcome these amendments, which will give Rent Smart Wales the power to issue fixed-penalty notices? I brought these amendments at Stage 2, and we were pleased to hear that the Government would bring in a more suitable version at Stage 3. I do believe that there's a need to give Rent Smart Wales additional powers to strengthen this legislation, as we're considering today, and...
David Melding: Section 7, firstly, provides Welsh Ministers with the power to use the regulations to amend the list of permitted payments. The power is a Henry VIII power, as it will enable section 1 to be amended by subordinate legislation. The objective behind the regulation-making powers is to enable regulations to reflect any unforeseen changes in landlord behaviour and practice, and the Welsh Ministers...
David Melding: I hope the Assembly will indulge me now as a former Chair of the Constitutional and Legislative Affairs Committee. I do think this is a very important part of the legislation, and when it comes to regulation-making powers, it's natural that other Members perhaps glass over a bit. But this really matters. The way this Bill, if it becomes an Act, will function and will be adapted is pretty much...
David Melding: Object.
David Melding: On 34, we object.
David Melding: Can I again place on record why we'll not be supporting Plaid Cymru's amendment 62 in this group? Again, I don't think it strikes the right balance between tenants and landlords, and, as I said previously, trying to build a housing market that is fair to everyone ought to be central to what we are doing. By defining default fees as specifically as this amendment does and by deleting a breach...
David Melding: If I can discuss the Plaid Cymru amendments in this group, which I'm not prepared to support, because I think that balance is not well-struck between the interests of tenants and landlords. I spoke to these amendments at Stage 2, but I think it's appropriate that I air my opposition to the whole Chamber at this stage. By implementing a 48-hour cooling off period for the holding deposit, as...
David Melding: Dirprwy Lywydd, if I could quickly speak to Plaid Cymru’s amendment 64 in this group, which clarifies the uncertainty around Green Deal payments. I recall that there was some confusion at Stage 2, because I too brought forward an amendment in relation to this issue. I decided to withdraw the amendment to avoid any overlap. For similar reasons, I didn't resubmit the amendment at this stage,...
David Melding: Again, I have a lot of sympathy with Leanne's position here, but I will not be supporting this amendment. As I said at Stage 2, in Wales, we're in a unique position to have Rent Smart Wales in place, and the Welsh Government pushed and promoted this body to be transformative in the private rented sector. One of my later amendments—amendment 45 in group 11, which Plaid Cymru supported at...
David Melding: In regard to these two amendments, relating to the court ordering the repayment of prohibited fees, I already have an amendment further into this Bill in group 10, amendment 44, that will achieve this at the same point that a fixed-penalty notice is paid, whoever issues that fixed-penalty notice. Under the Government's amendments in group 9, the licensing authority, Rent Smart Wales, will...
David Melding: What financial assistance has the Welsh Government given to local authorities to support fire safety improvements on high rise buildings?
