Decision No:

CAB0054-2005SEP26

This record relates to A1 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

26TH SEPTEMBER 2005

DECISION-MAKER:

CABINET

PORTFOLIO AREA:

Housing and Homes

SUBJECT:

New Enforcement Powers for Private Sector Housing

REPORT OF:

Robert Norley

Tel: 023 8083 2530                    

Email: robert.norley@southampton.gov.uk

THE DECISION

Having read the report, including its recommendations and proposals, and following consideration of all other relevant matters, the decision-maker made the following decision:

1.

To recognise that Southampton has over twice the national average of privately rented housing and support the need for positive action to ensure decent homes for all.

2.

To approve the Private Sector Housing Enforcement Policy;

3.

To approve the Enforced Sale Procedure;

4.

To delegate authority to the Head of Housing, Strategy, Development and Private Sector Housing to make minor or necessary revisions of the above Enforcement Policy and Procedure as need arises;

5.

To delegate authority to Environmental Health Officers, and other authorised officers (deemed to have sufficient qualification, knowledge and experience to act by the Head of Housing, Strategy, Development and Private Sector Housing), using their delegated powers under paragraph 6.9.1 and 6.9.2 of the Officers Scheme of Delegation, to take all enforcement action, powers and provision as appropriate, under the Housing Act 2004, subordinate legislation, amendments, orders and regulations, in accordance with the Private Sector Housing Enforcement Policy and the Cabinet Office Enforcement Concordat.

6.

To delegate authority to the Head of Housing, Strategy, Development and Private Sector Housing after consultation with the Executive Member for Housing and Homes to:

a.

determine and alter as necessary a scale of reasonable charges in respect of enforcement action under S.49 of the Housing Act 2004;

b.

determine and alter as necessary a scale of reasonable fees in respect of the licensing of houses in multiple occupation under S.63(3) of the Housing Act 2004;

c.

determine and alter as necessary an administrative fee for works carried out in default of notices.

7.

To give approval to the Head of Housing Strategy, Development and Private Sector Housing to seek confirmation from the appropriate national authority of a designation for an Additional Licensing Scheme under S.56 of the Housing Act 2004, covering the whole area of the local housing authority district, after due consultation of persons likely to be affected by any such scheme.

8.

To delegate authority to the Head of Housing Strategy, Development and Private Sector Housing to seek confirmation from the appropriate national authority of a designation for a Selective Licensing Scheme under S.80 of the Housing Act 2004 in relation to properties within an area of or likely to be of low housing demand, or where there is significant and persistent problems of anti-social behaviour associated with that housing.

9.

To delegate authority to the Head of Housing Strategy, Development and Private Sector Housing to approve the use of the Enforced Sale Procedure.

REASONS FOR THE DECISION

The Housing Act 2004 signalled a major change in the way local authorities tackled poor housing conditions in the private sector, replacing many of the existing powers under the Housing Act 1985.  In particular it introduces the following enforcement powers:

·         Replacing the existing housing fitness standard with the evidence-based Housing Health and Safety Rating System (HHSRS) as a more effective basis for enforcement against unacceptable housing conditions;

·         Improving the controls on Houses in Multiple Occupation (HMOs), including a mandatory national licensing scheme, to tackle poor physical and management standards;

·         Giving local authorities powers to license all landlords in areas of low housing demand or similar areas where the growth and poor management of the private rented sector frustrates efforts to create sustainable communities.

·         Empty Dwelling Management Orders, which enable a Local Housing Authority to take management control of a dwelling so that it can secure occupation of it. The legislation is intended to operate alongside existing procedures for securing occupation of empty homes.

The Officer Scheme of Delegation will need to be revised to allow Environmental Health Officers and suitably qualified Environmental Health Practitioners to use these new powers, which come into force on 24th October 2005.

The new powers are an enhancement, and the route of appeal to these powers is to the new Residential Property Tribunal it is likely that the Council will face more challenges to its enforcement decisions.  Existing Enforcement Policy has been enhanced and revised to bring together all enforcement operation procedures under one over-arching Enforcement Procedure to provide officers with very clear framework.

In addition to these new powers, an Enforced Sale Procedure has been developed to draw together existing powers as an effective tool for dealing with problem properties where the Council has incurred substantial costs in carrying out works in default of notices and the owner refuses to pay these costs.

DETAILS OF ANY ALTERNATIVE OPTIONS

The Council has a legal duty to use many of these new powers particularly in relation to the Mandatory Licensing of larger HMOs and dealing with Category 1 Hazards.  In addition, on 22 September 2004 Council passed the following resolution:

“That the Executive be urged to apply for a discretionary licensing scheme for Houses of Multiple Occupation (HMOs) at the earliest possible opportunity, following the 2004 Housing Act receiving Royal Assent to cover areas of the City where there are poorly managed properties or significant anti social behaviour problems caused by tenants”.

OTHER RELEVANT MATTERS CONCERNING THE DECISION

It was noted that because new enforcement powers were to be delegated to Environmental Health Officers (EHOs), for which there are post both within the Housing, Strategy, Development and Private Sector Housing (HSD&PSH) and Environment Divisions, the decision would be in association with the Cabinet Member for Environment and Transport, as indicated in the Forward Plan.  Subsequently, this plan changed as in practical terms it would be the EHOs in HSD&PSH who would be using these new tools, as an Enforcement Policy for the HSD&PSH Division was already developed which was compatible with the Environment Division. Hence the Cabinet Report makes mention of consultation with Legal Services and Finance and no other. For these reasons consultation was also confined to Housing, Communities & Regeneration Standing Scrutiny Panel, which called in the report on 13th September.  Notification of the change in the consultation process and decision making has been given to the Cabinet Member for Environment and Transport, the Chair of the Environment and Transport Standing Scrutiny Panel and relevant officers in the Environment Directorate.

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the Matters set out in the report.

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

26^th September, 2005

Councillor A Vinson

Proper Officer:

Dale Sumner

SCRUTINY

Note:  This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council’s Scrutiny ‘Call-In’ provisions.

Call-In Period

28th September 2005 to 4th October 2005

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (if applicable)

Results of Call-in (if applicable)