Part of the debate – in the Senedd at 3:30 pm on 11 February 2020.
Thank you for that series of remarks and questions. I completely agree with you that the vast majority of landlords and tenants in Wales are perfectly reasonable people having a perfectly reasonable life in a perfectly good arrangement, one with the other. And you mentioned part of my own constituency, where you're absolutely right—we have very few problems that I'm aware of with the private rented sector, in good-quality housing, with decent people living in it.
This Bill is around sorting out the provisions for both rogue landlords and rogue tenants. And as I've emphasised, if your tenant is badly behaved, then this Bill does nothing to take away your right to evict a tenant who hasn't paid their rent, or is indulging in anti-social behaviour, or is damaging the property, or a large number of other things. Those routes to possession are still there.
In terms of how you characterise a no-fault eviction, the point is all of those things—if you want the house back because you want to sell it, or you want the house back because you want to live in it, that is a no-fault eviction, because the tenant won't have done anything wrong. The fact that you're proving a ground doesn't take away from the fact the tenant won't have done anything wrong and is being evicted through no fault of their own. So, it's just not possible to have no circumstance in which a tenant that's perfectly well behaved themselves cannot be evicted, because, actually, the landlord, in circumstances where they might be homeless, for example, would have the right to possession of their own property, and I don't think any of us would really see that as a problem.
And the problem is this business about getting the balance right between the two issues. The vast majority of landlords in Wales have one house. Of course, we have many landlords that have more than one house, but the vast majority of them only have one house. And so we need to make sure that the private rented sector is fit for purpose, both for those who want to rent that house out—we very much want them to rent their houses out and to get a reasonable rate of return, and to afford good-quality accommodation who want to rent—but also, should they find themselves in circumstances where they need that house, or their circumstances change and they need the money from a house, they can do that, and it doesn't put them off putting the house on the market, and we just have another empty home on our street, which does nobody any favours either. So, this is all about the balance about how we do that. And rather than have complex legal circumstances in which you have to prove a certain set of circumstances, which we know are causing real problems in other jurisdictions with what the level of proof is and what you have to do, we think this is a better compromise.
The six months is around the way that the 2016 Act works, so that it gives somebody a full 12 months from the start of their contract to the end. So, actually, you'll get a full 12 months. The six months then only kicks in once you're over that 12 months. So, if you're already there for two years, for example, you then have six additional months. So, it's all around how the new standard contracts in the 2016 Act actually function.