Agenda item

A Cabinet report of the Head of Strategic and Private Sector Housing to approve the licence conditions for the introduction of an Additional Licensing Scheme across the Borough and Selective Licensing Scheme in Hastings and Lemyngton wards.

A Cabinet report of the Head of Strategic and Private Sector Housing to approve the licence conditions for the introduction of an Additional Licensing Scheme across the Borough and Selective Licensing Scheme in Hastings and Lemyngton wards (item 8a on the agenda filed with these minutes).

The Lead Member for Private Housing and the Head of Strategic and Private Sector Housing attended the meeting to assist with the consideration of this item. It was highlighted the start of the consideration of this item that there was an error in the representation of the survey responses on page 20 of the agenda. The report stated that 43% of respondents opposed the ‘External Areas’ condition and that 44% of respondents supported the ‘Property Conditions’ condition.  These figures should read that 43% of respondents supported the ‘External Areas’ condition and that 44% of respondents opposed the ‘Property Conditions’ condition. The following summarises the discussion:

      i.        It was emphasized that the proposed policies would improve the Southfields ward and that many residents within the Southfields ward would appreciate the policies.

    ii.        In the event that the Licence Holder failed to ensure that any garden, forecourt, yard or passageway within the HMO’s curtilage is kept in a reasonably clean and tidy condition, the Council could issue a notice and ultimately issue a civil penalty against the Licence Holder. The enforcement of the Council would depend on the individual situation. The Council was able to retain funds from the issuing of the civil penalties.

   iii.        In the event that antisocial behaviour had taken place, despite the terms of any tenancy or licence agreement including provisions concerning anti-social behaviour, the Council would assess each case on its work merits and the actions that had to be taken. The Council would be required to identify whether it was the landlord or the tenant at fault and would proceed in the appropriate manner. It was emphasized that antisocial behaviour was subjective and difficult to define, however the Council had a number of measures in place to identify antisocial behaviour. These included advising record-keeping, providing noise capturing equipment and collecting evidence.

   iv.        The Council would monitor compliance with the proposed schemes and work with partners in order to ensure that the policies worked effectively.

    v.        A structure to deliver the proposed schemes had been established and Cabinet had approved a budget to initially recruit two members of staff to implement the schemes. The number of staff members supporting the scheme could increase if service needs required.

   vi.        Issues identified that related to bin allocations would be addressed by informing the Landlord of the appropriate action. This could include advice on what information to provide to tenants in relation to recycling and arranging additional bins or additional collections.

  vii.        The proposed schemes were cost neutral. The licence fee could cover the costs of administering the licence process, inspections, granting licences and enforcement of licence conditions.

 viii.        Landlords and Letting Agents were required to obtain references for prospective tenants. This was to ensure that tenants were more likely to comply with the licencing conditions within the proposed schemes. 

   ix.        Following the consultation period, the responses were analysed and amendments had been made to the Licence Conditions. This was the result of identifying conditions which were covered by the legislation and therefore did not need to be included as a Licence Condition.  

    x.        Condition 24 of the Houses in Multiple Occupation Licensing Scheme stated that Landlords were required to undertake training covering the aw and any legal requirements relating to managing privately rented housing. A list of external training providers was detailed in Appendix 3 of the Houses in Multiple Occupation Licence Conditions.  

   xi.        Members acknowledged that substantial amount of work in developing the proposed licensing schemes and thanked the Officers and Lead Members involved. Members recognised that the schemes would make a significant positive difference to residents within the wards concerned.

RESOLVED that the Cabinet be informed that the Commission supports the recommendations as set out in the report of the Head of Strategic and Private Sector Housing.

Reason

The Commission, having carefully considered the report, felt the Cabinet should approve the recommendations set out.