Minutes:
The Executive Member for Regeneration and the Director
for Adult Social Care and Health Integration submitted a report for the
Executive’s consideration. The purpose of the report was to present and consider
the outcome of the ten week public consultation and to recommend that the area
of North Ormesby, shown in Appendix A of the submitted report, be re-designated
for Selective Landlord Licensing.
An Executive decision was made on 1 September 2020 to
commence consultation on the re-designation of a Selective Landlord Licensing
Scheme in the North Ormesby Ward.
During the 10 week consultation the following were
received:
·
7 telephone calls;
·
22 emails; and
·
60 proforma online responses.
The report attached at Appendix D of the submitted
report showed a summary of the e-mail and telephone call responses.
In summary, the majority of the 29 email/telephone
responses came from landlords/managing agents with 12 objecting to the scheme
for a range of reasons including:
·
the cost of the scheme/landlords should not be
required to pay it;
·
the Selective Landlord Licensing scheme was not
effective;
·
landlords did not see the expected outcomes;
·
landlords did not get enough support from the Council;
and
·
good landlords
were penalised for the behaviour of irresponsible landlords.
The document attached at Appendix E of the submitted report provided a full breakdown of the 60 proforma responses, which were received during the consultation process. An analysis of the 60 questionnaires showed they originated from:
·
3 business owners;
·
8 interested parties;
·
18 landlords in the proposed licensing zone; and
·
31 tenants/residents in the proposed licensing
zone.
In summary, the tenant’s proforma responses showed
support for the scheme by stating that:
·
Selective Landlord Licensing would tackle some of the
issues in North Ormesby;
·
they agreed with the proposed licence conditions,
proposed programmes of inspections and the tenancy support arrangements;
·
they agreed that properties were not maintained to a
good standard; and
·
they agreed
that landlords behaved irresponsibly in the letting of their properties.
In summary, the landlord’s proforma responses mostly
stated objections to the scheme by stating:
·
they disagreed that it would tackle issues in North
Ormesby;
·
56% disagreed with the licence conditions;
·
there was no clear indication of favour for the
inspection programme;
·
they supported the additional penalty for late payment
of fees;
·
there was no clear indication on whether landlords
maintained their properties to a good standard; and
·
44% did not agree that the private rented sector was
an issue.
Whilst all responses had been fully considered, and
responded to, there had been two objections which had received significant
consideration. Those were:
·
The exclusion of the “Keepmoat” estate area of North
Ormesby from the Scheme (see paragraphs 76 to 82); and
·
The response from the National Residential Landlords
Association (see paragraph 83).
OPTIONS
Other potential
decisions were presented and rejected at the Executive meeting on 1 September.
Re-designate an
amended area within the area of North Ormesby for Selective Licensing and
request approval for consultation.
That was not
recommended as the current area was considered to cover the locations with the
highest density of rented properties in the ward as well as incorporating other
factors such as potential displacement of tenants and anti-social behaviour.
Do not renew the
Selective Landlord Licensing designation and carry out alternative
interventions to replace of a formal scheme
Alternatives to
Selective Licensing were considered in 2014 prior to the designation of the
current Selective Licensing areas. Those courses of action had been considered
and were explained in detail in paragraphs 49-64. Whilst selective landlord
licensing was not intended to be indefinite, a shift to an alternative
non-regulatory approach or only relying on traditional reactive enforcement
tools was not considered appropriate to sustain outcomes or achieve the
Council’s objectives. Traditional interventions did not provide the level of
engagement with landlords necessary for the desired improvements. Short-term
proactive enforcement projects had only a limited impact and were not
sustainable without significant investment from existing revenue budgets or
grant funding. Selective landlord licensing delivered in a coordinated
approach, working in partnership and utilising a wide range of powers was
considered to be the most effective means of delivering the Council’s
objectives.
In considering the
responses received to the consultation it was maintained that the recommended
action to re-designate the Selective Landlord Licensing Scheme in North Ormesby
was the most appropriate course. The area met the legal criteria for the
designation of a selective landlord licensing scheme which was the most
effective solution to improving management standards in the private rented
sector.
ORDERED
That the results of
the consultation and the statutory tests referred to in the report be
considered and the re-designation of Selective Landlord Licensing within the
proposed area of North Ormesby ward (Appendix A) be approved.
REASONS
The North Ormesby
area met the legal requirements for the designation Selective Landlord
Licensing area and re-designation would require all privately rented properties
within the identified boundaries, subject to statutory exemptions, to apply to
be licensed for 18 up to five years and comply with the licence conditions. The
Selective Landlord Licensing scheme in North Ormesby had resulted in
improvements in the living and environmental conditions for those living in the
area and contributed to reductions in antisocial behaviour.
The scheme would
continue to ensure that property standards were maintained, antisocial
behaviour issues related to tenants were reduced and managed and that landlords
were held accountable for the costs of both licensing and the property
management improvements. The existing Selective Landlord Licensing scheme
designation was self-financing and, in line with the recommended changes to the
scheme, the new designation would work in the same way.
The proposed fee of
£745 (plus £20 for the Fit and Proper Person check) enabled the Council to
ensure the scheme was self-financing, it was calculated on the staffing
requirements for the administration and regulation of the selective landlord
licensing scheme.
The current boundary
for the Selective Landlord Licensing scheme was to be maintained to ensure
complete coverage of the area in relation to improved housing standards,
improving environmental conditions and reduction in crime and anti-social
behaviour and to avoid any issues of displacement.
The re-designation would
allow the continuation of the achievements the scheme had achieved to date,
improving living and environmental conditions, reducing anti-social behaviour
as set out in the Evaluation Report (see Appendix B of the submitted report).
Supporting documents: