– in the Senedd at 1:18 pm on 10 February 2021.
Our next group is group 2, which relates to notice periods. The lead amendment in the group is amendment 34. I call on Delyth Jewell to move and speak to the lead amendment and the other amendments in the group. Delyth Jewell.
Diolch, Llywydd. The amendments in this group are also reflective of our position of wanting to end no-fault evictions. We have tabled these in the spirit of seeking to find compromise with the Government, as we would consider supporting the Bill if it extended the no-fault period. So, these amendments extend the period of notice that must be given for a no-fault eviction, and we've provided several options here for Members to consider, which is why we have this series of votes.
So, amendments 34 and 20 extend that period to a year; amendments 35 and 21 extend the period to two years; amendments 36 and 22 extend that period to three years; amendments 37 and 23 extend the period to four years; amendments 38 and 24 extend the period to five years; and, finally, amendments 39 and 25 extend the period to 10 years. So, I want to know what people think is an acceptable notice period to give to tenants when they are not at fault.
Six months, in my view, is not enough notice for people in many circumstances. I take the point that the Minister's made in previous stages that, in effect, it gives a year's security. I still think that this doesn't take into account some of the most complex situations that can face tenants, for example: families with children who attend a local school and need to stay living in the area because moving schools is disruptive; families containing people who don't deal that well with changes in routine, such as people on the autistic spectrum; people who have caring responsibilities for family living nearby; or perhaps people who don't drive but have work commitments where moving home could jeopardise that employment, because the person needs to have access to decent public transport. These are people for whom being evicted will be especially stressful and disruptive. Why should children face the disruption of frequently moving schools because we have failed to provide long-term secure housing? Why should people face massive disruption through no fault of their own? A six-month notice period is simply not enough time for many families in rural or in Valleys communities to find alternative accommodation within the same area. That's something that, often, those who live in large cities with a vibrant rental market don't consider. It's also not enough time for people with disabilities to find suitable alternative accommodation where they need adaptations to the home.
On that basis, I believe the Government's attempted compromise with the landlord lobbyists is incompatible with equalities laws and potentially with the rights of the child. I therefore tabled this series of amendments to correct this, starting with the minimum acceptable period that my group would consider in order to support the legislation. I do hope Members will reflect on the equalities implications of what's been said, and I look forward to the debate. Diolch.
The Minister to contribute to the debate—Julie James.
Diolch, Llywydd. As Delyth has said, amendments 34 to 39 set out a range of longer alternative minimum notice periods that a landlord must give to end a periodic standard contract under section 173 of the 2016 Act. Amendments 40 to 45 do the same in relation to notices issued under a landlord's break clause in fixed-term standard contracts. The Bill, of course, is already increasing notice periods in both these instances from two to six months. The increased notice period represents a balance between the interests of landlords and contract holders, and it is a position previously supported by the Equality, Local Government and Communities Committee in its Stage 1 report on the Bill.
Delyth, I understand entirely, wants to achieve a situation in which the private rented sector gives the sort of security of tenure that people in social housing would ideally get, but I would argue that there will be unintended consequences from some of these amendments, which we would need to take into account were we to try and extend the notice periods in this way, not least that people would simply withdraw from the private rented sector altogether if they had to wait several years in order to get a house back in circumstances where they may need it for perfectly good reasons. So, this is always about the balance between the need of the landlord to retain their property for their own use or for selling on or for whatever, and for the tenant to get a security of tenure that does allow them, as Delyth says and we have a lot of sympathy with that, to stay in the area where their children are at school and where they are established as a family. Absolutely, we want to get the balance right and we believe that what we are setting out in the Bill does get that balance right and will not have any unintended consequences.
Furthermore, and it is a point I've made before but it's worth making again: under the Bill as drafted, tenants in Wales will have a greater security of tenure in relation to no-fault notice than anywhere else in the UK. In Scotland, for example, a tenant does not have to be at fault to receive only 28 days' notice in the first six months of a tenancy and less than three months' notice after that. The alternative minimum notice periods contained in these amendments would upset the balance between the rights of the contract holder and their landlord, and may well have unintended consequences in the private rented sector. As I indicated to the Equality, Local Government and Communities Committee when these same amendments were brought forward at Stage 2, I do not think these increases could be justified, and for these reasons, Llywydd, while I appreciate that they are well intentioned, I cannot support amendments 34 to 45.
Delyth Jewell to respond.
Diolch, Llywydd. I do realise that the Minister has sympathy with the motivation behind these amendments. I thank her for the response. In politics, I think that obviously we always need to find a balance—the art of what is possible. I still feel that the balance here needs to be tipped more in favour of the people with the kind of either vulnerabilities or very precarious situations that are all too common, which I've noted. For those reasons, although I do appreciate what the Minister says, we will be pushing these amendments to the vote, and I thank her for the response. I hope that Members will consider what we've said when it comes to voting. Diolch.
That brings us to the vote. And if amendment 34 is agreed, amendments 35, 36, 37, 38 and 39 will fall. The question, therefore, is that amendment 34 be agreed. Does any Member object? [Objection.] Yes, I see that there are objections, and we will therefore move to a vote on amendment 34. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 34 is not agreed.
Amendment 35, Delyth Jewell, is that moved?
[Inaudible.]
It is. Perhaps we should confirm orally too, in case a thumbs up isn't recorded on the official Record. Is it moved, Delyth Jewell?
Yes, formally.
Thank you. So, amendment 35, the question is that amendment 35 be agreed. Does any Member object? [Objection.] Yes, there are objections. We'll move to a vote on amendment 35. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 35 is not agreed.
Amendment 36, Delyth Jewell.
Moved.
A vote, therefore—. Are there any objections to amendment 36? [Objection.] Yes, there are. We will move to a vote on amendment 36. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 36 is not agreed.
Amendment 37, Delyth Jewell.
Move.
Are there any objections to amendment 37? [Objection.] There are. We will therefore move to a vote on amendment 37 in the name of Delyth Jewell. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 37 is not agreed.
Amendment 38, Delyth Jewell.
Move.
Are there any objections to amendment 38? [Objection.] Yes, there are. We will therefore move to a vote on amendment 38 in the name of Delyth Jewell. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 38 is not agreed.
Amendment 39, Delyth Jewell.
Move.
Are there any objections to amendment 39? [Objection.] Yes, there are. So, we'll move to a vote on amendment 39 in the name of Delyth Jewell. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 39 is not agreed.
Amendment 40, Delyth Jewell.
Move.
Are there any objections to amendment 40? [Objection.] There are. We will therefore move to a vote on amendment 40 in the name of Delyth Jewell. Open the vote. Close the vote. In favour eight, no abstentions and 41 against. Therefore, amendment 40 is not agreed.
Amendment 41, Delyth Jewell.
Move, please.
Are there any objections to amendment 41? [Objection.] There are. We'll therefore move to a vote on amendment 41. Open the vote. Close the vote. In favour eight, no abstentions, 41 against. Therefore, amendment 41 is not agreed.
Amendment 42, Delyth Jewell.
Move, please.
Are there any objections to amendment 42? [Objection.] Yes, there are. Open the vote. Close the vote. In favour eight, no abstentions, 41 against. Therefore, amendment 42 is not agreed.
Amendment 43, Delyth Jewell.
Move, please.
Any objections to amendment 43? [Objection.] Yes, there are objections. We'll move to a vote on amendment 43. Open the vote. Close the vote. In favour eight, no abstentions, 41 against. Therefore, amendment 43 is not agreed.
Amendment 44, Delyth Jewell.
Move, please.
Any objections to amendment 44? [Objection.] Yes, there are. We'll therefore move to a vote on amendment 44 in the name of Delyth Jewell. Open the vote. Close the vote. In favour eight, no abstentions, 41 against. Therefore, amendment 44 is not agreed.
Amendment 45, Delyth Jewell.
Move, please.
Any objections to amendment 45? [Objection.] There are. We will therefore move to a vote on amendment 45. Open the vote. Close the vote. In favour eight, no abstentions, 41 against. Therefore, amendment 45 is not agreed.