Group 14: Information and guidance (Amendments 25, 26, 47, 53)

Part of the debate – in the Senedd at 6:25 pm on 19 March 2019.

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Photo of Julie James Julie James Labour 6:25, 19 March 2019

Thank you, Deputy Presiding Officer. Amendment 25 amends section 41 of the Housing (Wales) Act 2014, which will help supplement existing guidance given to a licensing authority by the Welsh Ministers so that it may include specific provision about matters to be taken into account by a licensing authority in deciding whether a failure to repay a prohibited payment or holding deposit affects a person's fitness to be licensed under Part 1 of the Housing (Wales) Act 2014. It therefore helps in ensuring an appropriate read across between the provisions of the Bill and the landlord and agent registration and licensing system. Ultimately, a landlord or agent who makes a charge that is a prohibited payment will be risking their ability to hold the licence necessary to carry out lettings or property management work. These provisions will help deter rogue practice by a small number of agents and landlords, which is a blight on the private rented sector.

Amendment 26 will ensure local housing authorities make arrangements for information to be publicly available in their areas in whatever way they think appropriate about the effect of the Act. This will include information on how contract holders can recover a prohibited payment or holding deposit. While we are expecting a high level of compliance by agents and landlords with the Act, there may be some cases where contract holders do need to recover prohibited payments through the court. This amendment will assist any contract holders in finding information and support to assist them with recovering a prohibited payment or holding deposit.

I consider amendments 25 and 26 helpful additions to the Bill, which I hope Members will support. It's disappointing to see amendments 47 and 53 again after Stage 2. They were rightly rejected then for good reasons, and those reasons have not changed. Following Stage 2, I shared my communication plan with the Equality, Local Government and Communities Committee. As they will have seen, it details the extent of the broad communication strategy we will be employing to ensure that all parties are fully aware of the impact of the Bill. We have a direct link to landlords and agents through Rent Smart Wales. They will receive notification of the date that this Bill may come into force. They will also receive specific guidance letting them know what can and can't be charged and what the penalties are for breaches of this legislation. This will not be reserved for those landlords and agents who have signed up to receive update e-mails or letters, every single landlord and agent will receive this information. 

We will publish a revised version of the tenants guide, setting out the rights and responsibilities of tenants, and will encourage landlords and agents to provide these to tenants. The guide is currently available online. We have been and will continue to be in discussion with sector stakeholders. Landlord and agent groups will be useful in reminding their members of their responsibilities, and the prohibitions under the Bill. We expect groups representing the interests of tenants—Shelter Cymru, Citizen's Advice and NUS Wales, for example—to be at the forefront of getting the message out there to tenants and prospective tenants. 

The Rent Smart Wales code of practice will also be updated to reflect provisions in this legislation. This will make it clear that any breach of this legislation will potentially put a licence to operate in Wales at risk. We will, of course, be updating Rent Smart Wales and the 22 local authorities about the dates that this new law will apply, through my officials' regular contact with them, such as through the housing expert panel and the Rent Smart Wales stakeholder group. These activities will be accompanied by more general communications to alert the general public in Wales to the changes we are making, through media, social media and other channels.

At the end of the day, this legislation will not be effective if we do not ensure that we do everything we can to ensure everyone is clear on the new rules. What David Melding is proposing with these amendments is already going to be done. I've made that commitment to the committee and reiterate it to you all here today. To include it in this primary legislation would be unnecessary. It is a one-time-only occurrence and will become redundant after one month. Dare I say it, it's potentially not good law? As such, I urge Members to reject amendments 47 and 53.