2. Questions to the Counsel General & Brexit Minister (in respect of his 'law officer' responsibilities) – in the Senedd on 7 January 2020.
5. What assessment has the Counsel General made of the Welsh Government's legislative powers in relation to leasehold tenures on houses? OAQ54883
The Welsh Government is currently considering options to reform leaseholds. The Law Commission's report, following its consultation on leasehold reform in England and Wales, is expected in the spring of this year and will help inform the Welsh Government's course of action in respect of legislative options.
Counsel General, I'm sure that answer will be very reassuring to many householders throughout Wales, including in my region. For instance, at St Edeyrns Village in Cardiff, many residents there have been in dispute with the housebuilder Persimmon and feel very aggrieved that leasehold tenure is introduced on sites that formerly would have been freehold. Sometimes, you can get a mix of both on the same site, creating a most remarkable difference in liabilities. I do note that the Law Commission's consultation paper on the reform you just referred to said, and I quote:
'The extent to which leasehold enfranchisement is devolved to the Welsh Assembly is unclear. Aspects of enfranchisement have, in the past, been treated as a devolved issue.'
Are you expecting the report to clarify this situation? And once clarified, and assuming that you can act, will you act quickly?
Well, I will make my own assessment of the competence on behalf of the Government in relation to any legislative options coming forward. The Member will know that—. I won't enter into prolonged analysis of the questions of competence, but I think, perhaps obviously, on one hand, whilst housing is expressly devolved, the law of property, broadly speaking, with exceptions, is reserved. And so, it's a question of navigating the boundaries of the relevant parts of the Government of Wales Act.
I think the report of the Law Commission will be important in setting that context for considering legislative options. And I know as well also that the Minister for Housing and Local Government is considering the report of the task and finish group that reported in the summer of last year, and intends to make a statement, I think in the coming weeks, in relation to her reflections on the work of that report, building on the non-legislative measures that we as a Government have been able to take, at least in the short term, which seem to have had some impact in terms of a reduction in the number of new build leasehold houses, specifically. But, obviously, we would share the objective of making sure that that is reduced to the barest minimum possible.