Meetings

NDM7022 Julie James (Swansea West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Renting Homes (Fees etc.) (Wales) Bill

Renting Homes (Fees etc.) (Wales) Bill

Voting on the motion under this item was deferred until Voting Time.

NDM7022 Julie James (Swansea West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Renting Homes (Fees etc.) (Wales) Bill

 The result was as follows:

The motion was agreed.

4.2a The Committee noted the letter from the Minister for Housing and Local Government in relation to the Renting Homes (Fees etc.) (Wales) Bill.

The amendments will be disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 8 January 2019.

The amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

Group 1: Prohibited payments – termination of contract 

3, 4, 6, 7, 8, 10, 23, 24, 1, 2

Group 2: Drafting clarifications

5, 28

Group 3: Repayment of prohibited payments

55, 57

Group 4: Revoking licenses

56, 58

Group 5: Permitted payments

9, 64

Group 6: Holding deposits

29, 30, 31, 36, 37, 65, 66, 38, 67, 39, 40, 41, 42

Group 7: Default payments

32, 33, 62, 34, 63, 59, 27

Group 8: Regulation making powers

35, 48, 49, 52, 51, 50

Group 9: Enforcement authorities

11, 12, 13, 14, 15, 16, 18, 19,  20

Group 10: Fixed penalty notices

43, 44

Group 11: Enforcement authorities: information sharing

45, 17, 21

Group 12: Power of licensing authority to bring criminal proceedings

22

Group 13: Restrictions on giving notice for possession

46, 54

Group 14: Information and guidance

25, 26, 47, 53

Group 15: Coming into force

60, 61

Supporting Documents
Renting Homes (Fees etc.) (Wales) Bill
Explanatory Memorandum
Marshalled list of amendments
Groupings of amendments

The item started at 17.02

In accordance with Standing Order 26.36, the amendments were disposed of in the order which the sections and schedules to which they relate arise in the Bill.

Amendment 3 was agreed, in accordance with Standing Order 12.36.

Amendment 4 was agreed, in accordance with Standing Order 12.36.

Amendment 5 was agreed, in accordance with Standing Order 12.36.

Amendment 6 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 55:

Amendment 55 was not agreed.

A vote was taken on amendment 56:

Amendment 56 was not agreed.

Amendment 7 was agreed, in accordance with Standing Order 12.36.

Amendment 8 was agreed, in accordance with Standing Order 12.36.

Amendment 9 was agreed, in accordance with Standing Order 12.36.

Amendment 10 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 57:

Amendment 57 was not agreed.

A vote was taken on amendment 58:

Amendment 58 was not agreed.

Amendment 29 was agreed, in accordance with Standing Order 12.36.

Amendment 30 was agreed, in accordance with Standing Order 12.36.

Amendment 31 was agreed, in accordance with Standing Order 12.36.

Amendment 32 was agreed, in accordance with Standing Order 12.36.

Amendment 33 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 62:

Amendment 62 was not agreed.

A vote was taken on amendment 34:

Amendment 34 was agreed.

A vote was taken on amendment 63:

Amendment 63 was not agreed.

A vote was taken on amendment 64:

Amendment 64 was agreed.

Amendment 35 was agreed, in accordance with Standing Order 12.36.

Amendment 36 was agreed, in accordance with Standing Order 12.36.

Amendment 37 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 65:

Amendment 65 was not agreed.

A vote was taken on amendment 66:

Amendment 66 was not agreed.

Amendment 38 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 67:

Amendment 67 was not agreed.

Amendment 39 was agreed, in accordance with Standing Order 12.36.

Amendment 40 was agreed, in accordance with Standing Order 12.36.

Amendment 41 was agreed, in accordance with Standing Order 12.36.

Amendment 42 was agreed, in accordance with Standing Order 12.36.

Amendment 11 was agreed, in accordance with Standing Order 12.36.

Amendment 12 was agreed, in accordance with Standing Order 12.36.

Amendment 13 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 43:

Amendment 43 was not agreed.

Amendment 14 was agreed, in accordance with Standing Order 12.36.

Amendment 15 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 44:

Amendment 44 was not agreed.

A vote was taken on amendment 45:

Amendment 45 was not agreed.

Amendment 16 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 17:

Amendment 17 was agreed.

Amendment 18 was agreed, in accordance with Standing Order 12.36.

Amendment 19 was agreed, in accordance with Standing Order 12.36.

Amendment 20 was agreed, in accordance with Standing Order 12.36.

Amendment 21 was agreed, in accordance with Standing Order 12.36.

Amendment 22 was agreed, in accordance with Standing Order 12.36.

Amendment 46 was agreed, in accordance with Standing Order 12.36.

Amendment 54 was agreed, in accordance with Standing Order 12.36.

As amendment 46 was agreed, amendments 23 and 24 fell.

Amendment 25 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 26:

Amendment 26 was agreed.

A vote was taken on amendment 47:

Amendment 47 was not agreed.

A vote was taken on amendment 48:

Amendment 48 was not agreed.

A vote was taken on amendment 49:

Amendment 49 was not agreed.

A vote was taken on amendment 52:

Amendment 52 was not agreed.

A vote was taken on amendment 51:

Amendment 51 was not agreed.

A vote was taken on amendment 50:

Amendment 50 was not agreed.

A vote was taken on amendment 59:

Amendment 59 was not agreed.

Amendment 27 was agreed, in accordance with Standing Order 12.36.

Amendment 28 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 53:

Amendment 53 was not agreed.

A vote was taken on amendment 60:

Amendment 60 was not agreed.

A vote was taken on amendment 61:

Amendment 61 was not agreed.

Amendment 1 was agreed, in accordance with Standing Order 12.36.

Amendment 2 was agreed, in accordance with Standing Order 12.36.

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.

NDM6910 - Rebecca Evans (Gower)

To propose that the National Assembly for Wales in accordance with Standing Order 26.36:

Agrees to dispose of sections and schedules to the Renting Homes (Fees etc.) (Wales) Bill at Stage 3 in the following order:

a) sections 2 - 4;

b) schedule 1;

c) sections 5 - 9;

d) schedule 2;

e) sections 10 - 26

f) section 1; and

g) long title.

The item started at 17.28

NDM6910 - Rebecca Evans (Gower)

To propose that the National Assembly for Wales in accordance with Standing Order 26.36:

Agrees to dispose of sections and schedules to the Renting Homes (Fees etc.) (Wales) Bill at Stage 3 in the following order:

a) sections 2 - 4;

b) schedule 1;

c) sections 5 - 9;

d) schedule 2;

e) sections 10 - 26

f) section 1; and

g) long title.

The motion was agreed in accordance with Standing Order 12.36.

5.1a The Committee noted the letter from the Minister for Housing and Regeneration in relation to the Renting Homes (Fees etc.) (Wales) Bill

Rebecca Evans AM, Minister for Housing and Regeneration

Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

Helen Kellaway, Lawyer, Welsh Government

Documents relevant to Stage 2 proceedings will be available on the Bill page.

The Equality, Local Government and Communities Committee agreed on 7 November 2018, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings will be:

− Sections 1 to 4

− Schedule 1

− Sections 5 to 9

− Schedule 2

− Sections 10 to 25

− Long title

Paper 1 – Marshalled List of Amendments

Paper 2 - Groupings of Amendments  

Renting Homes (Fees etc.) (Wales) Bill - Stage 2 proceedings

Rebecca Evans AM, Minister for Housing and Regeneration

Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

Helen Kellaway, Lawyer, Welsh Government

Documents relevant to Stage 2 proceedings are available on the Bill page.

The Equality, Local Government and Communities Committee agreed on 21 September 2017, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings will be:

·         Sections 2 to 6

·         Schedule 1 (introduced by section 6)

·         Sections 7 to 12

·         Section 1 (Overview of the Bill)

·         Long title

2.1 In accordance with Standing Order 26.21, the Committee disposed of the following amendments to the Bill:

Amendment 30 (David Melding AM)

Amendment 15 (Leanne Wood AM)

Amendment 16 (Leanne Wood AM)

Amendment 31 (David Melding AM)

Amendment 17 (Leanne Wood AM)

Amendment 18 (Leanne Wood AM)

Amendment 1 (Rebecca Evans AM)

Amendment 2 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 3 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 4 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 5 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 19 (Leanne Wood AM) was not moved.

Amendment 32 (David Melding AM)

Amendment 51 (David Melding AM)

Amendment 10 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 11 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 12 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 13 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 21 (Leanne Wood AM)

Amendment 22 (Leanne Wood AM)

Amendment 23 (Leanne Wood AM)

Amendment 24 (Leanne Wood AM)

Amendment 25 (Leanne Wood AM)

Amendment 26 (Leanne Wood AM) was not moved.

Amendment 52 (David Melding AM)

Amendment 6 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 27 (Leanne Wood AM)

Amendment 28 (Leanne Wood AM)

Amendment 14 (Rebecca Evans AM)

Amendment 29 (Leanne Wood AM)

Amendment 33 (David Melding AM)

Amendment 34 (David Melding AM)

Amendment 7 (Rebecca Evans AM)

Amendment 35 (David Melding AM) fell.

Amendment 36 (David Melding AM)

Amendment 37 (David Melding AM)

Amendment 38 (David Melding AM)

Amendment 39 (David Melding AM)

Amendment 40 (David Melding AM)

Amendment 8 (Rebecca Evans AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 41 (David Melding AM) was not moved.

Amendment 42 (David Melding AM)

Amendment 43 (David Melding AM)

Amendment 44 (David Melding AM)

Amendment 45 (David Melding AM)

Amendment 9 (Rebecca Evans AM)

Amendment 46 (David Melding AM) fell.

Amendment 47 (David Melding AM) fell.

Amendment 20 (Leanne Wood AM)

Amendment 48 (David Melding AM)

Amendment 49 (David Melding AM)

Amendment 49 (David Melding AM)

Amendment 50 (David Melding AM) was not moved.

CLA(5)-29-18 -Paper 17 - Letter from the First Minister response to the Committee's report on the Renting Homes (Fees etc.) (Wales) Bill

7.2.1 The Committee noted the letter.

6.1. The Committee agreed the order of consideration for the Renting Homes (Fees etc.) (Wales) Bill ahead of Stage 2 proceedings.

NDM6851 Julie James (Swansea West)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Renting Homes (Fees etc.) (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The item started at 18.21

NDM6851 Julie James (Swansea West)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Renting Homes (Fees etc.) (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The motion was agreed in accordance with Standing Order 12.36.

NDM6850 Julie James (Swansea West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Renting Homes (Fees etc.) (Wales) Bill.

The Renting Homes (Fees etc.) (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 11 June 2018.

The report of Equality, Local Government and Communities Committee on the Renting Homes (Fees etc.) (Wales) Bill was laid before the Assembly on 26 October 2018.

Supporting Document
Report of the Finance Committee
Report of the Constitutional and Legislative Affairs Committee

The item started at 17.19

NDM6850 Julie James (Swansea West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Renting Homes (Fees etc.) (Wales) Bill.

The Renting Homes (Fees etc.) (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 11 June 2018.

The report of Equality, Local Government and Communities Committee on the Renting Homes (Fees etc.) (Wales) Bill was laid before the Assembly on 26 October 2018.

The motion was agreed in accordance with Standing Order 12.36.

Paper 1 – Draft report

6.1 The Committee agreed the draft report with minor changes.

6.1. The Committee discussed and agreed the draft report, subject to minor changes.

CLA(5)-25-18 – Paper 4 – Draft report

7.1 The Committee agreed the draft report.

1.1. The Committee discussed and agreed the draft report, subject to minor changes.

4.1.a The Committee noted the letter from the Minister for Housing and Regeneration in relation to the Renting Homes (Fees etc.) (Wales) Bill.

CLA(5)-24-18 – Paper 6 – Draft report

CLA(5)-24-18 – Paper 7 – Impact Assessment Gateway document

6.1 The Committee considered the draft report and will consider a revised version of the report at the meeting on 15 October.

9.1 The Committee considered the evidence received.

Rebecca Evans AM, Minister for Housing and Regeneration

Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

Huw Charles, Bill Manager, Welsh Government

Renting Homes (Fees etc.) (Wales) Bill

Explanatory Memorandum

4.1 The Committee took evidence from Rebecca Evans AM, Minister for Housing and Regeneration; Emma Williams, Deputy Director, Housing Policy Division, Welsh Government; and Huw Charles, Bill Manager, Welsh Government on the Renting Homes (Fees etc.) (Wales) Bill.

The Committee considered the evidence received and discussed issues to include in its draft report.

Rebecca Evans AM, Minister for Housing and Regeneration

Emma Williams, Welsh Government

Helen Kellaway, Welsh Government

CLA(5)-22-18 - Briefing

Renting Homes (Fees Etc.) (Wales) Bill, as introduced

Explanatory Memorandum

Statement of policy intent

The Committee took evidence from Rebecca Evans AM, Minister for Housing and Regeneration.

6.1 The Committee agreed the key issues

4.7a The Committee noted the letter from the Minister for Housing and Regeneration in relation to the Renting Homes (Fees etc.) (Wales) Bill

4.6a The Committee noted the Joint letter from stakeholders in relation to the Renting Homes (Fees etc.) (Wales) Bill

·         Rebecca Evans AM, Minister for Housing and Regeneration

·         Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

·         Helen Kellaway, Lawyer, Welsh Government

·         Huw Charles, Bill Manager, Welsh Government

3.1 The Committee received evidence from:

·         Rebecca Evans AM, Minister for Housing and Regeneration

·         Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

·         Helen Kellaway, Lawyer, Welsh Government

·         Huw Charles, Bill Manager, Welsh Government

3.2 At the meeting the Minister for Housing and Regeneration agreed to provide:

·         an overview of what will be included in the guidance to tenants and landlords ahead of the Bill coming into force. The Minister committed to providing this overview before the Stage 2 scrutiny of the Bill.

·         a note on why the provisions relating to Right to Rent that are currently in the Bill are required.

·         further information on how the Act will be evaluated once it comes into force.

·         clarification on why the Bill doesn’t give powers to local authorities to assist contract-holders in recovering prohibited payments.

Jim McKirdle, Housing Policy Officer, Welsh Local Government Association

Gareth Williams, Accommodation Agency Manager (Environmental Health, Temporary Accommodation, Social Lettings and Private Sector Development), Carmarthenshire County Council

2.1 The Committee received evidence from:

·       Jim McKirdle, Housing Policy Officer, Welsh Local Government Association

·       Gareth Williams, Accommodation Agency Manager (Environmental Health, Temporary Accommodation, Social Lettings and Private Sector Development), Carmarthenshire County Council

7.1 The Committee discussed the evidence received under items 2, 3 and 4.

Matt Dicks, Director, Chartered Institute of Housing Cymru

Matthew Kennedy, Policy and Public Affairs Manager, Chartered Institute of Housing Cymru

3.1 The Committee received evidence from:

·         Matt Dicks, Director, Chartered Institute of Housing Cymru

·         Matthew Kennedy, Policy and Public Affairs Manager, Chartered Institute of Housing Cymru

Jennie Bibbings, Campaigns Manager, Shelter Cymru

Alun Evans, Senior Campaigns and Advocacy Officer, Citizens Advice

Jamie Matthews, Senior Policy Officer, Citizens Advice

2.1 The Committee received evidence from:

·         Jennie Bibbings, Campaigns Manager, Shelter Cymru

·         Alun Evans, Senior Campaigns and Advocacy Officer, Citizens Advice

·         Jamie Matthews, Senior Policy Officer, Citizens Advice

Bethan Jones, Operational Manager, Rent Smart Wales

4.1 The Committee received evidence from:

·         Bethan Jones, Operational Manager, Rent Smart Wales

5.6.a The Committee noted the letter to the Minister for Housing and Regeneration in relation to the Renting Homes (Fees etc.) (Wales) Bill.

7.1 The Committee discussed the evidence received under items 2, 3 and 4. 

Liz Silversmith, Campaign Director, Let Down in Wales

Cerith D. Rhys Jones, External Affairs Manager, National Union of Students

Hannah Slater, Policy and Public Affairs Manager, Generation Rent

4.1 The Committee received evidence from:

·         Liz Silversmith, Campaign Director, Let Down in Wales

·         Cerith D. Rhys Jones, External Affairs Manager, National Union of Students

·         Hannah Slater, Policy and Public Affairs Manager, Generation Rent

Douglas Haig, Vice-Chairman and Director for Wales, Residential Landlords Association (RLA)

Chris Norris, Director of Policy & Practice, National Landlords Association (NLA)

3.1 The Committee received evidence from:

·         Douglas Haig, Vice-Chairman and Director for Wales, Residential Landlords Association (RLA)

·         Chris Norris, Director of Policy & Practice, National Landlords Association (NLA)

David Cox, Chief Executive, Association of Residential Letting Agents (ARLA) Propertymark

Isobel Thomson, Chief Executive, National Approved Letting Scheme (NALS)

Charlotte Burles Corbett, Managing Director, Parkmans / RICS

2.1 The Committee received evidence from:

·         David Cox, Chief Executive, Association of Residential Letting Agents (ARLA) Propertymark

·         Isobel Thomson, Chief Executive, National Approved Letting Scheme (NALS)

·         Charlotte Burles Corbett, Managing Director, Parkmans / RICS

5.1 The Committee discussed the evidence received under item 2.

Rebecca Evans AM, Minister for Housing and Regeneration

Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

Neil Buffin, Senior Lawyer, Welsh Government

Huw Charles, Bill Manager, Welsh Government

Renting Homes (Fees etc.) (Wales) Bill

Explanatory Memorandum

2.1 The Committee received evidence from:

·         Rebecca Evans AM, Minister for Housing and Regeneration

·         Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

·         Neil Buffin, Senior Lawyer, Welsh Government

·         Huw Charles, Bill Manager, Welsh Government

2.2 During the evidence session, the Minister agreed to provide:

·         An assessment of the  evidence considered in Westminster while scrutinising the Tenants Fees Bill that there was a 4.2% increase in rent in Scotland when equivalent legislation was passed compared to a decrease of 0.7% in England over the same time period.

·         Further consideration of whether the provision in Schedule 2, paragraph 3, sub-sub-paragraph (b), is sufficient to cover incidences whether a landlord/agency breaches this agreement, in particular in instances when students secure properties months before they move into the property and the agreement is pending further works by the landlord.

·         Further consideration as to whether fines issued by the Courts given to those in breach of the Bill should go to local authorities, as with fixed penalty notices.

2.3 At the end of the session the Chair agreed that the Committee would write to the Minister with questions not reached during the evidence session.

Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

Helen Kellaway, Lawyer, Welsh Government

Huw Charles, Bill Manager, Welsh Government

2.1 The Committee discussed and agreed the scope and approach to its consideration of the Renting Homes (Fees etc.) (Wales) Bill.

Emma Williams, Deputy Director, Housing Policy Division, Welsh Government

Helen Kellaway, Lawyer, Welsh Government

Huw Charles, Bill Manager, Welsh Government

1.1 The Committee received a technical briefing on the Renting Homes (Fees etc.) (Wales) Bill.

The item started at 14.45