8. Will the Cabinet Secretary make a statement on the use of notices served under section 21 of the Housing Act 1988 in Wales? (OAQ51195)

We do not collect specific data on section 21 notices. However, we have introduced new requirements regarding their use, and landlords must be registered with Rent Smart Wales. In addition, the Renting Homes (Wales) Act 2016 will provide additional protection to contract holders on the use of landlords’ notices.

Thank you, Cabinet Secretary. As you’ll be aware, the use of section 21 notices—the so-called no-fault eviction notices—can be served at any time on a tenant who is not protected by a fixed-term contract. The notice can be served without any grounds being given or proven and can bring an abrupt end to tenancies and total disruption to the lives of tenants. Not surprisingly, the increase in the use of section 21 notices is causing concern to Shelter and other housing and homelessness organisations. Whilst this is a pre-devolution piece of legislation that is still applied in Wales, can I ask the Cabinet Secretary if he would give consideration to reviewing the operation of section 21 of the Housing Act 1988, and, if necessary, more to disapply its provision in Wales so as to remove the unfairness and to provide greater security for such tenants?

This was a long discussion piece of the Housing (Wales) Act 2014 as we took it through the Assembly in the previous term. Can I say to the Member that the Renting Homes (Wales) Act 2016, whilst retaining the ability for a landlord to serve a two-month notice, will offer greater protection for contract holders through the Act’s retaliatory eviction process? So, there is a part of the Act that does give protection to tenants as well. But I’ve heard the Member and I’ve heard her strong views, and I will give that some further consideration with my team.

Cabinet Secretary, I agree with the Member who has just raised this question that tenant protection does need to be looked at carefully. In England, as a result of the Deregulation Act 2015, section 21 notices cannot be served by landlords to residents if the housing is of a poor standard and doesn’t meet legislative standards. This does seem to be perhaps an appropriate way to now regulate this area in Wales also.

That’s where we are placed at the moment, with the consultation on the fit-and-proper person and fit-and-proper accommodation consultation that we are undertaking.