Part of the debate – in the Senedd at 4:25 pm on 12 July 2022.
Diolch, Dirprwy Lywydd. There are three sets of regulations being debated under this motion today. Members will be aware that I had originally also tabled a set of consequential amendments to primary legislation as part of this package of subordinate legislation, but, given the number of reporting points received from the Legislation, Justice and Constitution Committee, I have withdrawn that statutory instrument so that the necessary corrections can be made. I will retable it, hopefully later this week, so that it can be debated as soon as we return in September.
Turning to the three SIs that we are considering today, I will take a few moments to explain as concisely as I can the purpose and effect of each of these, although Members will appreciate that, as is often the case with subordinate legislation, some of the provisions are quite complex and technical, so please indicate if there's anything that's unclear and I will do my best to clarify it.
I will start with the Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022. This SI will ensure that housing association tenancies that currently benefit from rent protection will retain that rent protection when converted into occupation contracts.
Next, the Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022. Schedule 12 sets out arrangements for current tenancies and licences that will convert into occupation contracts when the 2016 Act comes into force. The purpose of Schedule 12 is to ensure that this transition is as seamless as possible and that the parties to existing tenancies and licences are treated fairly when their tenancy or licence converts into an occupation contract, with the correct balance being struck in respect of both parties' rights and obligations. To this end, the amendments being made by this SI include protecting the existing rights of 16 and 17-year-olds who currently hold certain types of tenancy or licence; provisions ensuring, amongst other things, that current tenancies and licences relating to supported accommodation will convert into occupation contracts and that any tenancy or licence relating to supported accommodation that has already been in place for more than six months cannot convert into a standard supported contract; providing for starter tenancies to automatically convert into introductory standard contracts; ensuring that a landlord is only liable to pay compensation in relation to any failure to provide the contract holder with information on the protection of any deposit paid in relation to a converted contract that was, before conversion, an assured shorthold tenancy; ensuring that where a converted contract was, before conversion, an assured shorthold tenancy that included a rent variation term, that term will be carried over into the converted contract and not be supplanted by the rent variation term at section 123 of the 2016 Act; protecting as far as possible the rights of any current holder of an assured agricultural occupancy; and ensuring that for fixed-term tenancies, where the fixed term ends after 1 December and the contract becomes periodic, the six-month no-fault landlord's notice will apply to that contract.
Finally, the Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022. These make a series of amendments to ensure that certain kinds of accommodation related to bail or probation, or to immigration and asylum, are not occupation contracts. This effectively maintains current arrangements for these types of accommodation.
I have noted the points raised by the LJC committee in relation to all three of these SIs, and my officials have made the changes necessary where required. I've also responded to the committee in writing on those points requiring a Government response. Can I pass on my thanks, as ever, to the committee and its support staff for their diligent and comradely approach, which has been much appreciated?
Dirprwy Lywydd, that concludes my opening remarks. I will do my best to respond to any points that Members wish to raise, and I will say a little more about what will be happening next, ahead of implementation of the Act in December, in my closing remarks. Diolch.