Part of the debate – in the Senedd at 3:02 pm on 12 June 2018.
Plaid Cymru has been calling for this action to be taken for some time, and I'm pleased and grateful to the Minister for introducing this Bill and for the advance notice she gave us of this information. And I'd like to thank her for taking the time to discuss this with me last week, although I haven't read everything yet in relation to the explanatory memorandum, but I will be taking it home—bedside reading.
In principle, this is a positive and welcomed step forward: renting is no longer a lifestyle choice, but a life necessity for many people, particularly younger people. Given the current state of the housing market and the economic condition that many people find themselves in, renting could well be a lifetime requirement for some, and what is important to recognise is that renting is not a cheap option. The cost involved with moving into a PRS home can be exorbitant. A listing this morning I saw in Cardiff alone had a charge of £318 for the first tenant, plus £18 per extra tenant or guarantor, with no mention of any extra charges for credit checks or ongoing services, and another I saw recently included a fee of 30 per cent of the monthly rent plus extra fees per tenant for credit checks. This is a major barrier for people, particularly those with no savings or access to credit.
We are witnessing a market failure, as I've already seen in your document, and when there is market failure, it needs to be corrected by Government or the sector itself, and since the sector has not been forthcoming, it requires Government intervention. I won't go through all the statistics related to the private rented sector here, as we have discussed these at length, and I'm sure we will again. So, I'd like to seek some clarity on some aspects of the Bill that I believe are unclear.
Payments in default will continue to be permitted under the Bill, which I have some concerns over. I understand that the consultation responses indicated that respondents wished these to continue, but I'm concerned that revenue lost by the removal of upfront fees could be recouped this way over the length of a contract. If someone damages a property during the contract, they should be charged to repair the damage, but how often could charges on top of repairs be levied under this Bill? What if there is a contractual obligation for the—and I quote—'proper maintenance of the property'? That could be subjective, and it could result in unfair charges, so I'd like the Minister to potentially reconsider this during Committee Stage, or at least be open to clarifying these payments and others related to the fault of tenants.
Could you clarify the arrangements relating to tenancies that fall through through no fault of the tenant? Will the landlord or agency get to keep a proportion of that deposit? I welcome the regulation powers under the Bill that seek to ensure security deposits do not rise as a result of this Bill. But perhaps you could confirm whether this will be a six-week cap or a four-week cap. It does seem clear in the Bill what the permitted charges will and will not be, but I would like you to confirm what the situation will be related to ongoing services. For example, if a tenant loses keys, or if there is a change of personal details or circumstances, will fees be permitted? I understand that it is reasonable for a tenant to expect to pay to replace a lost set of keys, however I would like to be assured that the costs related to such services will not rise or be unreasonable.
I understand the biggest worry with this legislation is the redistribution of costs to tenants. I wonder whether or not you could comment on the example from Scotland, where despite fees being abolished in 2012, there was an average rent increase of 5 per cent over the next four years, compared to 9 per cent across the UK. So, actually, Scotland was lower than the rest of the UK. Could I ask whether you expect landlords to pass on all or some of those costs associated with the abolition of fees to tenants in Wales, and if so whether or not you've considered this, particularly when it comes to people renewing a contract who will not see as much benefit in this legislation as those who move frequently?
I just wanted to finish on financial education. I noticed from the beginning of the explanatory memorandum about affordability and about people having to take on loans, and I recognise we are trying to take something away in terms of those barriers in this legislation, although there may be unintended consequences. But I haven't read it all to understand if you're going to be increasing financial education or support to tenants so that they will be able to understand this, they will be able to empower themselves to make any complaints where that needs to happen, and to ensure that they can ultimately afford the tenancy ongoing. I think where we see the possibility of talking about financial inclusion, we should do that, and I think this Bill may be another avenue to be able to do so.