Group 6: Holding deposits (Amendments 29, 30, 31, 36, 37, 65, 66, 38, 67, 39, 40, 41, 42)

Part of the debate – in the Senedd at 5:29 pm on 19 March 2019.

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Photo of Leanne Wood Leanne Wood Plaid Cymru 5:29, 19 March 2019

Amendments 65 and 66 provide for a 48-hour cooling off period, during which the contract holder can receive a refund of the holding deposit. These amendments were rejected at earlier stages, but with the Government committed to engaging with Shelter Cymru and NUS Wales on the way forward. So, I would like to hear from the Minister what the latest is on that.

Amendment 67 is to clarify that holding deposits cannot be retained as a result of minor discrepancies on the part of the contract holder, such as a failed credit check or referencing. This was rejected as unworkable at Stage 2, but our legal note regarding this says, 'I wouldn't agree with this, but it would place the burden of proof onto the landlord to demonstrate that the contract holder had provided misleading information knowingly or recklessly.' Alternatively, you can argue that the amendment simply gives the contract holder a defence and a means of recouping the deposit if they've made a genuine error when providing their details to the landlord through no fault of their own. So, again, I'd ask the Government: what are you doing to prevent profiteering here?