9. & 10. Debate: The General Principles of the Renting Homes (Amendment) (Wales) Bill and the financial resolution in respect of the Renting Homes (Amendment) (Wales) Bill

Part of the debate – in the Senedd at 7:10 pm on 13 October 2020.

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Photo of Julie James Julie James Labour 7:10, 13 October 2020

Recommendation 6 asks that we bring forward an amendment to extend the period within which a landlord's notice can be withdrawn and resubmitted, for example to correct an error, from 14 days to 28 days. Having listened to the arguments put forward on this matter by landlords' representatives, and having taken the committee's conclusions on this into account, I'm happy to accept this recommendation on the basis it will be helpful to good landlords who have made an honest mistake. Furthermore, it will not impact negatively on contract holders, as the reissued notice will still be required to run for a minimum of six months. So, yes, we will bring forward an amendment to make that change.

Recommendation 7 asks that we undertake a detailed feasibility study into how a housing tribunal or court could work in Wales, with a view to establishing such a body as a priority in the next Senedd if the study were to conclude that this was likely to lead to improvements in the sector and would be deliverable. I accept this recommendation in principle. Committee members will know from my evidence that I personally am supportive of a housing court or tribunal for Wales, as are other political parties in the Senedd. Whilst I appreciate that the recommendation relates only to the setting up of a feasibility study at this time, that would still be a significant undertaking at a time when all our available resources are stretched to the limit in managing the impact of the coronavirus outbreak and indeed on this Bill. Furthermore, we only have a very limited time remaining in the current Senedd term. Therefore, it would be unrealistic for me to commit to beginning work on a feasibility study at this time. It is for these reasons that the Government is only able to support this recommendation in principle for now, but I do hope that once we are over the current difficulties and some sort of normality has returned, this is something that a future administration would wish to take forward as soon as resources permit.

Recommendation 8 asks us to issue new guidance to local authorities when the amended 2016 Act comes into force, requiring them to consider any persons served with a notice that is due to expire within 84 days as threatened with homelessness and as such eligible for support under the Housing (Wales) Act 2014. I am happy to accept this recommendation in principle, as I strongly support the principle of engaging households at an early stage to work to prevent homelessness. It would not however be possible to amend the statutory definition of 'threatened with homelessness' as set out in the Housing (Wales) Act 2014 by issuing guidance. We will therefore consider how best to achieve the principle of earlier intervention and support contained in this recommendation as part of our wider homelessness prevention work.

The final recommendation from the ELGC committee asks that we amend the 2014 Act so that those same homelessness duties are only considered discharged if an individual or family are provided with accommodation for 12 months, rather than the current six months. Whilst I understand the rationale behind this recommendation, it is not, I'm afraid, one that the Government can support. Any potential legislative changes could not be made in isolation and would need to be considered as part of the wider policy and legislative considerations in taking forward the transformational agenda set out in our strategy for ending homelessness, published in October 2019. The work to deliver the strategy is being informed by the expert homelessness action group and has moved forward at pace this year, with significant investment in the COVID-19 phase 2 homelessness response. The homelessness action group specifically examined the policy framework and measures required to end homelessness in Wales and their report will inform the wider considerations as to any potential policy and legislative changes required. It is for these reasons that I reject recommendation 9. 

Turning now to the four recommendations from the LJC committee. In relation to the first of those recommendations, a thorough assessment of provisions contained in the Bill has taken place to ensure that they are compatible with human rights. 

The second recommendation is that we should increase engagement and develop more formal links with contract holders in the private rented sector in Wales. This mirrors the ELGC committee's recommendations 3 and 4, which I indicated earlier I am happy to accept, noting that we already support TPAS Cymru in this regard. I trust that the LJC committee will be satisfied with my offer to review the effectiveness of those arrangements with a view to bolstering them where necessary. 

The third of the LJC committee's recommendations asks that, as part of our planned evaluation of the 2016 Act, as amended by this Bill, we should give consideration to the necessity and potential urgency for the full consolidation of housing law as it is applicable in Wales. This is certainly something that the Government can accept in principle, although, by its nature, is a commitment that would be for a future administration to take forward. As I mentioned earlier, though, reviewing the potential consolidation of housing law in Wales is not an exercise that we could conduct as part of any review of the 2016 Act in operation. It would be a separate exercise and it is for that reason I am inclined to accept this recommendation in principle rather then unconditionally.

And finally, recommendation 4 relates to the potential for establishing a housing tribunal in Wales. As I indicated in my response to the ELGC's similar recommendation on this matter, whilst I am personally supportive, this is really now a matter for a future government, rather than this one, so I accept the recommendation in principle on that basis. 

This brings me to the end of my formal responses to each of the committees recommendations. I would like to reiterate my serious thanks to the committee Chairs, members and staff who have worked so hard in exceptionally difficult circumstances to complete the Stage 1 scrutiny process and deliver these reports. I think it is a mark of the effort that has gone into developing this particular legislative approach to improving security of tenure that these reports have generally been favourable, with only limited recommendations for amendments to the Bill itself. 

We have worked hard to develop a Bill that strikes a fair balance between the interests of contract holders to allow them to feel secure and settled in the accommodation that they call home, whilst also respecting the interests of landlords, allowing them to regain possession of their property when there is good reason for them needing to do so.

In closing, I would also like to mention that, following detailed discussions with my Cabinet colleagues over the past weeks, it has become clear to me that we no longer have sufficient legislative time or capacity to complete all of the work necessary to bring the provisions of the amended 2016 Act into force next year, as we had hoped to do prior to the COVID outbreak. We will instead look to complete all of the necessary subordinate legislation guidance and awareness-raising work required in time for a spring 2022 implementation date. I am very disappointed that we have had to take this step, but that is the reality of the situation that we're currently finding ourselves in, with so much of our resource having been focused on the pandemic in recent months, and with little sign of that pressure abating in the foreseeable future. 

I look forward to hearing now from the Chairs of the scrutiny committees and from other Members who wish to speak on the Bill, and I will respond to any further points that I have not already covered in my closing remarks. Diolch, Llywydd.