Group 13: Restrictions on giving notice for possession (Amendments 46, 54)

– in the Senedd at 6:21 pm on 19 March 2019.

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Photo of Ann Jones Ann Jones Labour 6:21, 19 March 2019

The next group of amendments relates to restrictions on giving notice for possession. The lead amendment in this group is amendment 46. I call on David Melding to move and speak to the lead amendment and other amendments in the group. David.

(Translated)

Amendment 46 (David Melding) moved.

Photo of David Melding David Melding Conservative 6:22, 19 March 2019

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 amendment.

The amendment stems from one that I brought forward at Stage 2, and has been expanded to ratify some anomalies from the Renting Homes (Wales) Act 2016 that also relate to this issue. These amendments prevent the landlord from issuing a possession notice to the tenant when a prohibited payment has been issued and has not subsequently been repaid. I think these amendments strike a necessary balance, even when a prohibited payment has been issued by mistake, because this restriction ends at the point of that being repaid. Additionally, we found out at the Committee Stage that there are some circumstances set out in other housing legislation when a landlord is prevented from terminating a tenancy because they have not complied with the law. So, at the very least, these amendments provide consistency with other pieces of legislation, and offer tenants protection, and I thank the Minister for reaching across party boundaries to get these important changes incorporated. And I urge Members to support these amendments.

Photo of Julie James Julie James Labour 6:23, 19 March 2019

I want to express my thanks to David Melding for tabling amendments 46 and 54, which address an issue he helped identify at Stage 2. I've been very pleased to work with David to produce an amendment that works alongside existing provisions to limit a landlord's right to possession of a property should they charge prohibited payments to contract holders. The Bill currently includes provision to restrict the giving of a possession notice under section 173 of the Renting Homes (Wales) Act 2016 in respect of a periodic standard contract and giving a notice under a landlord's break clause. Those restrictions will apply if a landlord requires a prohibited payment and does not return it, or if a holding deposit is not repaid in accordance with the Bill.

Amendment 54 also provides a restriction on giving notice in connection with the end of fixed-term contracts under section 186 of the 2016 Act, which is welcome, and provides a further protection to contract holders where there are breaches of the Bill. All of these amendments are best placed together in the Bill given they all amend the Renting Homes (Wales) Act 2016, and I commend them to the house, and thanks to David Melding again for his co-operation.

Photo of Ann Jones Ann Jones Labour 6:24, 19 March 2019

David. No? Thank you. If amendment 46 is agreed, amendments 23 and 24 fall. The question is that amendment 46 be agreed to, does any Member object? No, therefore, amendment 46 is agreed to and amendments 23 and 24 fall.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

(Translated)

Amendments 23 and 24 fell.

(Translated)

Amendment 54 (David Melding) moved.

Photo of Ann Jones Ann Jones Labour

The question is amendment 54 be agreed to. Does any Member object? No. Therefore, amendment 54 is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.