– in the Senedd at 2:01 pm on 10 February 2021.
The next group is group 6, and the amendments relate to withdrawal of notice. The lead amendment in the group is amendment 47, and I call on Laura Jones to move and speak to the lead amendment and the other amendments in the group. Laura Jones.
Diolch, Llywydd. I speak to all amendments 47, 48, 49, 50 and 55 in my name, which require a landlord to explicitly give notice to the contract holder that a notice has been withdrawn. Section 8 allows landlords to withdraw a defective section 173 notice and reissue it in the correct form, with the proviso that the notice period begins from the date of reissuing. In written evidence to the Equality, Local Government and Communities Committee, Shelter Cymru argued that the provision under section 8, as drafted, is unclear. Shelter have also suggested that, whilst the implication will be that the new notice replaces the former notice, this leaves room for confusion. Shelter provides an example of when such confusion may occur: a contract holder might not understand which notice is the correct one or a landlord might seek to rely on either/or if one has a defect. This amendment assures that tenants are notified when a notice has been withdrawn, so both landlord and tenant are clear about their rights and obligations. As Shelter contend, if we want compliance, then clarification is needed. I hope Members will support our amendments, and I look forward to the debate.
The Minister to contribute to the debate. Julie James.
Diolch, Llywydd. I appreciate the intention behind these amendments is to clarify, through being more explicit, that the relevant notice is being withdrawn. We can see there is merit in making some adjustments to the provisions in the 2016 Act, but, unfortunately, we don't think these provisions work as they stand. Unfortunately, these weren't raised at Stage 2, where we would have welcomed an opportunity to work with you on the wording, but, unfortunately, that's not now possible.
However, I'm confident that we'll be able to prevent any potential confusion by making the requirements absolutely clear in supporting guidance, and I'm very grateful to you for drawing the matter to our attention. Further, I'm also mindful that we have a power in section 236(3) of the 2016 Act to prescribe the form of notices, and this could also be used, if necessary, to ensure there is no confusion about withdrawal notices. Therefore, I'm afraid the Government is not supporting these amendments, albeit I entirely understand the intention behind them. Diolch.
Laura Jones, do you wish to respond?
I appreciate those, and thank you for your kind comments earlier, Delyth. And thank you for contributing to that debate. But, without going over the debate again, there is—. We do still feel that these are necessary amendments, and I do hope that Members will support them. Thank you.
So, the first amendment is amendment 47. Does any Member object to amendment 47? [Objection.] There are objections. We will therefore move to a vote on amendment 47. Open the vote. Close the vote. In favour nine, four abstentions, 36 against, therefore amendment 47 is not agreed.
Amendment 48.
Laura Jones, is it being moved?
The question is that amendment 48 be agreed. Does any Member object? [Objection.] There are objections. We'll therefore move to a vote on amendment 48. Open the vote. Close the vote. In favour nine, four abstentions and 36 against, therefore amendment 48 is not agreed.
Forty-nine. Amendment 49, Laura Jones, is it being moved?
The question is: is there any objection to amendment 49? [Objection.] Yes, there is. We will therefore move to a vote on amendment 49. Open the vote. Close the vote. So, in favour nine, four abstentions and 36 against, therefore the amendment is not agreed.
We move now to amendment 50.
Laura Jones, is it being moved, amendment 50?
The question is that amendment 50 be agreed. Does any Member object? [Objection.] Yes. We'll therefore move to a vote on amendment 50. Open the vote. Close the vote. In favour nine, four abstentions, 36 against, therefore the amendment is not agreed.
Amendment 16 is next.
Julie James, is it being moved?
The question is that amendment 16 be agreed. Does any Member object? [Objection.] Yes. We will therefore move to a vote on amendment 16. Open the vote. Close the vote. In favour 45, four abstentions and none against, therefore amendment 16 is agreed.
Amendment 17, Julie James.
Are there any objections to amendment 17? [Objection.] There are. We will therefore move to a vote on amendment 17. Open the vote. Close the vote. In favour 45, four abstentions and none against, therefore amendment 17 is agreed.
Laura Jones, amendment 51.
Amendment 51, is it being moved?
The question is that amendment 51 be agreed. Does any Member object? [Objection.] Yes. We will therefore move to a vote on amendment 51. Open the vote. Close the vote. In favour 10, three abstentions, 36 against, therefore amendment 51 is not agreed.
Laura Jones, amendment 52.
The question is that amendment 52 be agreed. Does any Member object? [Objection.] We will therefore move to a vote on amendment 52. Open the vote. Close the vote. In favour 11, two abstentions, 36 against. Therefore, amendment 52 is not agreed.