Proposed Housing Tenure Law Legislative Competence Order

Alun Ffred Jones

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

The proposal is that the following matter be added to Government of Wales Act 2006, schedule 5, part 1, field 11:

Provision about and in connection with tenancies and licences which give the right to occupy premises as a home.

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

In May 2006, the Law Commission published Renting Homes: The Final Report. The proposals contained in the report amounted to a fundamental reform of housing tenure law in Wales and England.

The report was published before the Government of Wales Act 2006 had received Royal assent. The draft bill was therefore based on the devolution settlement under the Government of Wales Act 1998.

The Commission’s preferred means to implement the reforms would by in a single Act covering both Wales and England; but that that Act should extend legislative competence to allow the National Assembly to legislate for housing tenure matters in the future;

but that if the Department for Communities and Local Government either rejected the proposals in England, or accorded them a low priority for legislation, then a legislative competence order should be sought to allow the proposals to be implemented in Wales alone, or in Wales first.

The purpose of this proposed order is to extend legislative competence to allow the National Assembly to implement the proposals in the Renting Homes report.

Stakeholder support

Stakeholders who broadly support Renting Homes include Community Housing Cymru; Welsh Tenants Federation; Chartered Institute of Housing – Cymru, Shelter – Cyrmu and Cymorth Cymru.