Welsh government faces backlash for ‘piggybacking’ on Renters’ Rights Bill

Members of the Senedd have accused the Welsh government of “piggybacking” on the Renters’ Rights Bill.

They warn that by allowing Westminster to legislate on renters’ rights in Wales, a policy area that is devolved, the Welsh government is avoiding scrutiny.

The Renters Rights Bill makes changes to two housing laws that were already passed by the Senedd, but Members of the Senedd say it’s being done with little input.

A regrettable and unwelcome approach to devolution

Mike Hedges, Chair of the Legislation, Justice and Constitution Committee, described the Welsh government’s approach to renters’ rights legislation as “disappointing”.

He said: “We are concerned and disappointed, at the approach the Welsh government has taken to legislating on renters’ rights. The varying and sometimes contradictory evidence the committee received provided no clear rationale for using a UK government bill to legislate in the devolved policy area of housing.

“The committee expressed concern that the provisions for Wales simply ‘piggyback’ on provisions initially designed for England with some modifications, and despite differences in the approach to enforcement between Wales and England.

“As a result, the committee expressed its frustration that two housing Bills, subject to detailed scrutiny, that became Senedd Acts are now being amended using legislation considered at Westminster, and with minimal input of elected Members of this Senedd.”

He adds: “The Senedd is in effect being provided with a fait accompli: vote in favour or risk losing important legislation on housing. This is even though the bill’s provisions for Wales have not been the subject of rigorous policy development, detailed scrutiny by Members of the Senedd with knowledge of Welsh housing issues, or consultation with stakeholders.

“The approach of the Welsh government to using the Renters’ Rights Bill to legislate for Wales in the area of housing policy, which excludes the Senedd as a legislature and stakeholders in Wales, represents a regrettable and unwelcome approach to devolution.

Tenants will pay the price

Laura Anne Jones, shadow housing secretary for the Welsh Conservatives, warned tenants will pay the price if landlords leave the market.

She said: “During a housing crisis, a shrinking market where families, students and young people are priced out and pushed aside is the last thing that we need.

“Let’s not ignore the economic reality: less supply means higher rents and people stuck in temporary accommodation, and so forth, like bed-and-breakfast accommodation. If we scare responsible landlords out of the market, it’s the tenants who pay the price.”

She adds: “The Welsh Conservatives warned against this bill, not to oppose renters’ rights, because of course every tenant deserves safety, fairness and dignity in their home, but to sound the alarm on the deeply concerning direction that this Bill is taking, particularly with the ban on section 21.”

Ms Jones warns that if the Renters’ Rights Bill passes, it will be replicated in Wales. She says similar proposals in Scotland have caused chaos in the private rented sector, with growing hostility towards landlords and 22,000 private rented homes being taken off the market last year.

Not prepared to make tenants in Wales who are being discriminated against wait

However, Jane Byrant, Housing and local government secretary, defended the Welsh government’s decision to use the Renters’ Rights Bill.

She said: “I completely understand the concerns about using a UK government bill to legislate in a devolved area. Practically, we could not deliver within the time frame of this bill without making sacrifices elsewhere.

“We could have looked to deliver a discrete bill, but it would have been delivered further down the line, and I’m not prepared to make tenants in Wales who are being discriminated against wait for a legislative time slot, and nor did I want to jeopardise other important legislation that we’re looking to deliver during this term of government. By making provision in the bill, tenants in Wales are placed on a similar footing to tenants in Scotland and England at the same time.”