Agenda item

(a)       That the Committee note the changes proposed to the way all landlords in Wales rent their properties for implementation from 1 December 2022;

(b)       That the Committee has serious concerns on the removal of introductory tenancies from the policy; and

(c)        That the Senior Manager review consultation previously undertaken and enquire with the WG and legal partners on whether a review of the Act was planned, and provide this information, if available to Cabinet when considering the report in November, 2022.

The Senior Manager - Housing Management introduced the report to provide an overview of the new Renting Homes Act and the changes that would be brought into effect from 1^st December, 2022.  The Act aimed to simplify the process of renting a home in Wales and to provide parties with more information about their rights and obligations.     

            The Senior Manager explained that once fully enacted, the Act would create a completely new system for residential tenancies in Wales.  It was intended to entirely replace the secure, assured shorthold and assured agricultural occupancies tenancy regimes which currently operated under the Housing Act 1985 and Housing Act 1988. 

            In highlighting the fundamental changes within the Act, the Senior Manager advised that under the new law tenants and licensees would become ‘contract-holders’ and tenancy agreements would be replaced with ‘occupation contracts’.  The Occupation Contracts would have to be set out in a ‘written statement’ and its purpose was to confirm the terms of the contract.  There would be two types of contract, as follows:- 

1.    Secure – which Flintshire will adopt as landlord.

2.    Standard Contract – Which will be mainly used in the private sector.

The implementation in Flintshire from 1^st December would see any new contract holders receiving a new contract, and any existing contract holders would be entered into a period of consultation to encourage them to convert from their existing tenancies to a contract to comply with the new regulations.  A series of roadshows would take place from February 2023 to explain the new Act to tenants. 

Councillor Bernie Attridge raised concern around the role of the Scrutiny Committee in considering the report and providing feedback prior to the Cabinet meeting the following week.  He did not feel that there was any opportunity to amend the changes proposed within the Act as it would become law from 1^st December.  He said that he could find no background information on consultation undertaken and asked what consultation had been carried out by the Cabinet Member and Leader of the Council through the Welsh Government (WG) on the proposed changes and was consultation carried out with the tenants ahead of the changes being brought into effect from 1^st December 2022.  He also raised concerns around the removal of the introductory tenancies which were in pace to the Council to remove bad tenants.

The Senior Manager said that she was not aware of the consultation process but explained that the Act became law in 2016 with WG delaying the roll out and implementation of the law until 1^st December, 2022.  She explained that it was an Act of law which the Council had to implement and that the consultation with residents and tenants would ensure that they understood what the changes meant.  There were some positive changes within the Act, around giving tenants greater rights and holding landlords to account if property repairs were not undertaken. 

The Chief Officer (Housing and Communities) advised that feedback from the Committee would be provided at the Cabinet meeting next week.  The Cabinet Member for Housing and Regeneration reiterated the comments that the Act became law in 2016 and suggested that those Members who were elected Members of the Council at that time could recollect the consultation process during that time.  He said that he would feedback the concerns of Councillor Attridge to Cabinet. 

Councillor Rosetta Dolphin spoke in support of the comments made by Councillor Attridge around keeping Introductory Tenancies and gave an example of a tenants within her own ward who had caused thousands of pounds worth of damage but could be removed quickly due to being on an Introductory Tenancy. 

Councillor Dale Selvester raised concerns that the changes to Introductory Tenancies would allow tenants to request transfers more often, which could have a negative impact on the number of void properties in the County.  He also raised concerns around the changes to Abandonment Notices and the responsibility now resting with the Council.  He was concerned around the issue of such a notice and the potential for criticism if for some reason a notice was issued, and it then transpired that a property was not abandoned.

The Chair commented on changes to Enhanced Succession Rights and gave an example of a young person left in a property following the death of their parents.  She raised concerns that given the spare room subsidy, this person could be set up to fail and asked would there be an opportunity for this person to move to a smaller property.  

In response to the questions raised, the Senior Manager explained that the reason they were not recommending having an Introductory Tenancy was because under the new law there was no difference between the Tenancies, and this did not allow a fast track for eviction.  In response to the comments on an increase in void properties, she explained that transfer requests were managed daily and would continue to be managed in the same way.  She welcomed the change to Abandonment Notices and commented on the frustration of knowing a property was abandoned and the previous lengthy time taken for the property to be returned to the Council.  The new Policy and Procedure would see properties being taken back only once the Council was satisfied they had been abandoned.  She also advised that conversations would continue to be had with tenants following a succession to ensure that the property was affordable but ultimately this was their decision on whether to remain in the property or request a transfer.

The Chair asked if as part of the Enhanced Succession Rights, if a person was to succeed to the occupation contract, would they be put on an Introductory Tenancy.  The Senior Manager said that she would clarify this following the meeting. 

In response to further questions raised by Councillor Attridge, the Senior Manager said that she was unsure whether representations on the Act would be accepted and said that by looking at the previous consultation process it maybe that the concerns raised by Members of the Committee had already been made and taken into consideration by WG.  She said that she would enquire with WG and legal partners on whether a review of the Act was planned, and provide this information, if available to Cabinet when considering the report in November 2022. 

Cllr Attridge proposed an additional recommendation to those listed in the report, that the Senior Manager review consultation previously undertaken and enquire with the WG and legal partners on whether a review of the Act was planned, and provide this information, if available to Cabinet when considering the report in November 2022.  This was seconded by Councillor Rob Davies. 

            Councillor Dave Evans, following clarification from the Senior Manager proposed that recommendation 2 as listed in the report be amended to read:-

• That the Committee has serious concerns on the removal of introductory tenancies from the policy.

In response to further questions around Introductory Tenancies the Senior Manager explained that the Council’s powers would be reduced as part of the new Act and that it did not give the Council a quicker right to terminate.  She said that it was important to note that the Council did not undertake many evictions and that the majority of Introductory Tenancies were successful in becoming Secure Tenancies.

The Facilitator advised that all comments made by Members of the Committee would be compiled and sent to the Cabinet Member and Officers ahead of the Cabinet meeting.

The recommendations, as amended by Councillor Bernie Attridge and Councillor Dave Evans were moved by Councillor Attridge and seconded by Councillor Rob Davies.  

RESOLVED:

(a)       That the Committee note the changes proposed to the way all landlords in Wales rent their properties for implementation from 1 December 2022;

(b)       That the Committee has serious concerns on the removal of introductory tenancies from the policy; and

(c)        That the Senior Manager review consultation previously undertaken and enquire with the WG and legal partners on whether a review of the Act was planned, and provide this information, if available to Cabinet when considering the report in November, 2022.