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Moves to clarify grounds for a “no-fault eviction” rejected

Owen Donovan by Owen Donovan
February 11, 2021
in Fifth Senedd Housing, Society & Justice
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(Title Image: Pixabay, copyright free)

At a Glance Guide

  • Stage 1 report (summary)

In summary, the Bill will increase the notice period for “no-fault” evictions from 2 months to 6 months. Despite political pressure to do so, “no-fault” evictions won’t be abolished altogether.

Also, the Bill proposes that “break clauses” can’t be included in tenancies shorter than two years in length. For those tenancies which do include a break clause, the clause can’t be activated until 18 months into the tenancy.

Major Changes at Stage 2

The Communities Committee was responsible for Stage 2 amendments, along with the member in charge, Local Government & Housing Minister, Julie James (Lab, Swansea West).

Changes agreed at Stage 2 include:

  • Notice periods and time restrictions for break clauses etc. will apply to fixed-term tenancies agreed after the first tenancy ends.
  • Landlords will have 28 days (rather than 14 days in the original text of the Bill) to withdraw and reissue a Section 173 notice (aka. Section 21/no-fault eviction) without being penalised for serving multiple notices within the six month notice period.
  • Housing association tenancies can be converted to secure occupation contracts whilst retaining fair rent protections under the Rent Act 1977.

The Key Amendments at Stage 3

Amendment 15 – Minister for Local Government & Housing, Julie James
Landlords who are unregistered or have failed to be licenced can’t issue an eviction notice except when the landlord’s interest has been transferred.
Vote: Approved – 36 for, 1 against, 12 abstentions

Amendment 32 – Delyth Jewell MS (Plaid, South Wales East)
Sets out a mechanism by which landlords need to have specific grounds to initiate a “no-fault” eviction. These grounds include (but aren’t limited to) mortgage requirements, disruptive works which require tenants to move out, to take possession of the property for themselves or a family member, HMO overcrowding or to sell a property. The Conservatives tabled a similar amendment.
Vote: Rejected – 8 for, 32 against, 8 abstentions

Amendment 53 – Laura Anne Jones MS (Con, South Wales East)
Specifically includes properties where the landlord is a member of the armed forces – and has been asked to leave service accommodation – in the list of properties which can be subject to Section 173 notices or break clauses for the landlord to the property back for their own use.
Vote: Rejected – 14 for, 35 against

Tags: ConservativesLabourPlaid Cymru
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Copyright

Creative Commons Licence


Senedd Home by Owen Donovan is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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