Diolch, Llywydd. I move Government amendments 1, 23, 29 and 30, which clarify when a notice under section 173 can be served upon a contract holder by re-titling section 175 so that the heading matches the section itself. This will remove the potential for ambiguity regarding a situation where the occupation contract doesn’t permit the contract holder to start occupying the property immediately. This can often be the case with student lets where the contract permits the contract holder to start occupying from a date in the future. In these and similar circumstances, a landlord cannot serve a section 173 notice during the period that starts with the day the contract is made and ending six months after the occupation date, and the amendment ensures that the heading of section 175 reflects that fact.  

Amendments 2, 24 and 31 clarify when a landlord’s break clause notice can be issued to a contract holder by re-titling section 196 so that the heading matches the text of the section. It will remain the case that a landlord is prevented from serving a break clause under a fixed-term contract until 18 months after the contract has elapsed, starting with the occupation date of the contract. This restriction will apply regardless of when the fixed-term contract was entered into.

Amendments 3, 4, 8 and 15 remove references to the Housing (Wales) Act 2014 within this Bill. Such action is necessary, following detailed consideration of the Jarvis v Evans Court of Appeal judgment in 2020, relating to the Housing (Wales) Act 2014. The judgment has proven to be quite complicated in its application, not only to the 2014 Act, but how this is expressed with the Renting Homes (Wales) Act 2016. I have some concerns that any amendments brought forward at this stage to account for this judgment may not be accurate and would be difficult to correct. Therefore, I consider it prudent to remove these references to the 2014 Act so that the matter can be fully considered and provisions confidently brought forward.

Amendments 11, 12, 13 and 22 provide further clarity on serving a section 173 or 186 and a break clause notice by a landlord who has not provided a written statement to the contract holder. Amendments 11, 12 and 13 remove any potential uncertainty around the ability of a landlord to issue a notice where a written statement has not been provided to the contract holder. Where a written statement has not been provided by the landlord, regardless of whether this is during the 14-day period provided for under sections 31(1) and 31(2), the landlord will be prevented from serving a notice set out under schedule 2 until a written statement is provided.

Section 31(1) provides a period of 14 days for the landlord to provide a written statement to the contract holder, starting with the occupation date of the contract. Section 31(2) provides a period of 14 days, from the date of occupation or where the landlord becomes aware, for the landlord to provide a new written statement to the contract holder should the contract holder change during the life of the contract. A landlord who provides a written statement within this 14-day period is not subjected to further sanction. Amendment 13 clarifies that a landlord who has failed to comply with this requirement is prohibited from giving a notice under section 173 or 186 under a landlord’s break clause for a period of six months, starting with the day on which the landlord provided the written statement to the contract holder.

Amendment 14 provides clarification that a landlord is restricted from serving notice when they are in breach of the security requirements in relation to the occupation contract.

Amendment 28 deals with those existing tenancies and licences, which will convert to an occupation contract upon implementation of the Renting Homes Act. An existing landlord, upon implementation of the Act, will have a period of six months from the appointed day—the date of implementation—to provide the contract holder with a copy of the written statement. During this six-month period, the occupation contract is in force and applies to both landlord and contract holder equally. Amendment 28 clarifies that a landlord is not prevented from serving a notice under section 173, section 186, or a landlord’s break clause during this period, whether or not the written statement has been provided to the contract holder.

I therefore urge Members to support all the amendments in this group. Diolch, Llywydd.