Amending Section 21 of the Housing Act 1988

Part of 2. Questions to the Minister for Housing and Local Government – in the Senedd at 2:47 pm on 27 March 2019.

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Photo of Julie James Julie James Labour 2:47, 27 March 2019

Yes. I don't disagree at all with the proposition that Jenny Rathbone puts forward, and I absolutely agree good-quality housing is a springboard from which children and families could create secure and successful futures. It's a human right to have a secure home that you can rely on and that you can build a future on, and I couldn't agree more. All of the evidence suggests that children who live in insecure rented accommodation are twice as likely to suffer from mental health problems than those in the owner-occupied sector, for example, and children who move frequently, as she said, are obviously much more likely to suffer from those kinds of problems.

We are looking to implement the Renting Homes (Wales) Act 2016 to improve the clarity and consistency of housing law. As she said, there is a section in there that specifically prohibits the use of a no-fault eviction, where it's a retaliation eviction for something a tenant has tried to enforce. But I agree with her that that's not sufficient, and the Government would very much like to legislate to strengthen that. There are a number of problems with that, not least that that Act is not yet in force. It's not in force for two reasons: one is that there's one more set of regulations that we need to consult on to make sure that the Act can be implemented; and the second rather more prosaic reason is that the Ministry of Justice is updating its computer system, and we are in discussion with them about the timing of that because, without that, we can't implemented it as it is. The complexity for getting the contracts, the tenancy arrangements and all the rest of it are too much without the computer system. So, we're in discussion about whether we should pay to have the system upgraded in advance of the update or whether the update will take place in good time for us to be able to implement the Act. And that's an ongoing discussion that I'm happy to keep Members updated on.

We do need the other regulations to be put in place. We don't want a situation where we would basically be implementing an Act and then immediately amending it so that everybody has to cope with two sets of changes. So, I'd like to be able to put the change to what's now section 21, which would be section 178—173, sorry; the Member's got a better memory for it than I have—in place, so that when it's commenced, it commences with the new provisions in place. So, there are a number of practical and prosaic issues there, but, on the principle, I have no problem at all, and officials are working very hard to see what needs to be done to put that into place.