Group 6: Withdrawal of notice (Amendments 47, 48, 49, 50, 55)

– in the Senedd at 2:01 pm on 10 February 2021.

Alert me about debates like this

Photo of Elin Jones Elin Jones Plaid Cymru 2:01, 10 February 2021

(Translated)

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.

(Translated)

Amendment 47 (Laura Anne Jones) moved.

Photo of Laura Anne Jones Laura Anne Jones Conservative 2:02, 10 February 2021

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50 and 55 in my name, which require a landlord to explicitly give notice to the contract holder that a notice has been withdrawn.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 This amendment assures that tenants are notified when a notice has been withdrawn, so both landlord and tenant are clear about their rights and obligations.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.

Photo of Elin Jones Elin Jones Plaid Cymru 2:03, 10 February 2021

(Translated)

The Minister to contribute to the debate. Julie James.

Photo of Julie James Julie James Labour

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the intention behind these amendments is to clarify, through being more explicit, that the relevant notice is being withdrawn.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.

Photo of Laura Anne Jones Laura Anne Jones Conservative

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.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 47: For: 9, Against: 36, Abstain: 4

Amendment has been rejected

Division number 3062 Amendment 47

Aye: 9 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 11 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru

Laura Jones, is it being moved?

(Translated)

Amendment 48 (Laura Anne Jones) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 48: For: 9, Against: 36, Abstain: 4

Amendment has been rejected

Division number 3063 Amendment 48

Aye: 9 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 11 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 2:06, 10 February 2021

Forty-nine. Amendment 49, Laura Jones, is it being moved?

(Translated)

Amendment 49 (Laura Anne Jones) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 49: For: 9, Against: 36, Abstain: 4

Amendment has been rejected

Division number 3064 Amendment 49

Aye: 9 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 11 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 2:06, 10 February 2021

(Translated)

We move now to amendment 50.

Photo of Elin Jones Elin Jones Plaid Cymru

Laura Jones, is it being moved, amendment 50?

(Translated)

Amendment 50 (Laura Anne Jones) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 50: For: 9, Against: 36, Abstain: 4

Amendment has been rejected

Division number 3065 Amendment 50

Aye: 9 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 11 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru

Julie James, is it being moved?

(Translated)

Amendment 16 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 16: For: 45, Against: 0, Abstain: 4

Amendment has been agreed

Division number 3066 Amendment 16

Aye: 45 MSs

Absent: 11 MSs

Aye: A-Z by last name

Absent: A-Z by last name

Abstained: 4 MSs

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 2:08, 10 February 2021

(Translated)

Amendment 17, Julie James.

(Translated)

Amendment 17 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 17: For: 45, Against: 0, Abstain: 4

Amendment has been agreed

Division number 3067 Amendment 17

Aye: 45 MSs

Absent: 11 MSs

Aye: A-Z by last name

Absent: A-Z by last name

Abstained: 4 MSs

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 2:09, 10 February 2021

(Translated)

Laura Jones, amendment 51.

Photo of Elin Jones Elin Jones Plaid Cymru

Amendment 51, is it being moved?

(Translated)

Amendment 51 (Laura Anne Jones) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 51: For: 10, Against: 36, Abstain: 3

Amendment has been rejected

Division number 3068 Amendment 51

Aye: 10 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 11 MSs

Abstained: 3 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

(Translated)

Amendment 52 (Laura Anne Jones) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

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.

(Translated)

Amendment 52: For: 11, Against: 36, Abstain: 2

Amendment has been rejected

Division number 3069 Amendment 52

Aye: 11 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 11 MSs

Abstained: 2 MSs

Absent: A-Z by last name

Abstained: A-Z by last name