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Question
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Your Response
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Q1 Disposal Consents
Do you agree with the proposals set out in 1) above?
If not, please tell us why.
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Whilst TPAS Cymru would, under normal circumstances, have some concerns that removing the disposals consent regime could weaken the regulatory powers of the Welsh Government, the fact that the ONS explicitly cited these powers as a reason for its reclassification decision means that TPAS Cymru acknowledges the need for the Welsh Government to make these amendments. In light of the potentially significant consequences of reclassification, TPAS Cymru believes that it is vital that Welsh Government does take all necessary steps to reverse the ONS’s decision. We do believe, however, that it is important that any amendments to the current regime make it clear that RSLs will be expected to consult with any tenants affected by any potential disposals, given the significant impact such a disposal could have on them.
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Q2 Disposal Proceeds Fund
Do you agree with the proposals set out in 2) above?
If not, please tell us why.
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As with the removal of disposal consents, TPAS Cymru would, under normal circumstances, have some concerns that the removal of the Disposal Proceeds Fund could weaken the regulatory powers of the Welsh Government. Given that the ONS’s explicitly cited these powers as a reason for its reclassification decision, TPAS Cymru does acknowledge the need for the Welsh Government to make these amendments in the light of the potentially significant consequences of reclassification. We do believe, however, that these potential changes emphasise the importance of ensuring that tenants have an opportunity to adequately scrutinise the way that RSLs spend their rent money and other sums.
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Q3 Restructuring and Dissolution
Do you agree with the proposals set out in 3) above?
If not, please tell us why.
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As with the other proposed amendments, TPAS Cymru, would, under normal circumstances, have some concerns that the removal of certain consent functions over restructuring and dissolution could weaken the regulatory powers of the Welsh Government. Given that the ONS’s explicitly cited these powers as a reason for its reclassification decision TPAS Cymru does acknowledge the need for the Welsh Government to make these amendments in the light of the potentially significant consequences of reclassification. We do believe, however, that it is important that any amendments to the current regime make it clear that RSLs will be expected to consult with tenants before undertaking restructuring or dissolution work. Restructuring and dissolution of an RSL can have a significant and direct impact on tenants and we believe that it is vital that they have an adequate opportunity to share their views and concerns.
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Q4 Regulatory Powers
Do you agree with the proposals as set out in 4) above?
If not, please tell us why.
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TPAS Cymru is broadly supportive of the decision to amend the regulator’s enforcement powers. We believe that the proposed changes do not significantly decrease the regulator’s powers and provides an opportunity to clarify when they are entitled to exercise their enforcement powers. Whilst broadly welcoming the proposed new approach, TPAS Cymru believes that it is important to ensure that steps are taken to strengthen the voice of tenants. In particular, we believe that it is important for the regulator to gather the views of tenants, where practicable, when seeking to decide if a landlord is acting in breach of a statutory provision or a regulatory requirement set by the regulator.
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Q5 Local Authority Controls
Do you agree with the proposal as set out in 5) above?
If not, please tell us why.
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TPAS Cymru believes that it is important that the Welsh Government directly consults with tenants of RLSs that will be affected by the proposed changes to Local Government Controls. Given that a number of tenants were afforded the right to vote on whether they wished to see their properties transferred to RSLs under Large Scale Voluntary Transfer, we believe that it is important that their views are collected before any significant changes are made to the way that their RSLs are run.
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Q6: We would like to know your views on the effects that such legislation could have on the Welsh language, specifically on opportunities for people to use Welsh and on treating the Welsh language no less favourably than English.
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A lack of affordable housing has been identified as one factor that has contributed to a decline in the number of communities in Wales where 70% of residents speak Welsh. If no steps are taken to reverse the ONS’s decision then it is likely to place greater pressure on the availability of affordable housing in these communities, with RSLs not being able to borrow money to construct new homes. The proposed legislation could, therefore, remove one potential hurdle to the construction new, affordable housing in areas where 70% of residents speak Welsh.
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Q7: Please also explain how you believe such proposed legislation could be formulated or changed so as to have positive effects or increased positive effects on opportunities for people to use the Welsh language and on treating the Welsh language no less favourably than the English language, and no adverse effects on opportunities for people to use the Welsh language and on treating the Welsh language no less favourably than the English language.
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All publications relating to the proposed legislative changes should be made available bilingually and easily available in both languages. Consideration should be given as to format and layout of text. Ensuring that both languages are easily identified i.e. block by block, parallel columns or top and bottom, in one document rather that 2 separate documents, is critical in ensuring that the Welsh language is treated no less favourably than the English.
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Q8: We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them
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The Welsh Government’s proposed legislative changes provide an opportunity to consolidate and to clarify the statutory basis for social housing regulation in Wales. At present, the statutory basis for social housing regulation in Wales is set out in Part 1 of the Housing Act 1996. This has been amended 26 times by legislation enacted by both the UK Government and the Welsh Government. It is therefore very difficult for any individual that does not have access to expensive online legal databases to gain an accurate understanding of the law. TPAS Cymru believes that, in the interests of transparency, steps should be taken to improve this situation. This proposed legislation provides the Welsh Government with an opportunity to do so.
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