Agenda item

(A report by Emily Spicer, Assistant Director – Wellbeing & Community Leadership)

The Portfolio Holder, Councillor John Baxter, presented the South and East Lincolnshire Councils Partnership Private Sector Housing Strategy report which provided details on the strategy which set out the strategic direction for Private Sector Housing within the South and East Lincolnshire Councils Partnership sub region. The strategy set out four key priorities:

·         Raising standards in the private sector, paying particular attention to ensuring fire safety in Houses of Multiple Occupation (HMO) and removing or reducing serious hazards across both single and multiple households.

·         Working with private landlords to encourage and support them to improve standards and increase the supply of affordable accommodation.

·         Taking robust action against landlords who fail to remedy hazards, licence HMOs or comply with property management regulations.

·         Maximise existing housing stock by focused interventions to return empty homes to use with the development of an Empty Homes Policy.

Councillor Baxter provided background information on the formation of the strategy, highlighting the integration of housing standards teams from Boston Borough Council (BBC), East Lindsey District Council (ELDC), and South Holland District Council (SHDC) into a single team.

Member deliberation followed which included:

Various questions were asked regarding the strategy, including the figures used in the report, staffing levels, inspections, and the handling of empty homes and unlicensed HMOs. The Assistant Director – Wellbeing & Community Leadership assured members that the figures and data were current. She added that whilst it would be reviewed as the strategy was implemented, the current team was in a suitable capacity to address this strategy. The Housing Standards Team Leader advised that currently Boston counted with a team leader, one senior officer, two housing officers and one administration officer. The Team Leader advised that it was difficult to put a figure on the number of inspections, as they were, at present, carried out generally on a reactive basis but informed members that the number were around 10 or 20 a month.

A question was asked regarding the 1,315 dwellings in need of repair in Boston and expressed concerns regarding the increasing number of HMOs that were being approved monthly by planning, questioning how these issues could be addressed with the current team. The Assistant Director – Wellbeing & Community Leadership advised that, while the strategy might require further review in the future, the team was well-positioned to meet these targets as the level of needs varied between properties and cases. Additionally, she stated that the team consistently liaised with landlords and registered providers, which made the process effective.

A question was asked about the method of data collection on unlicensed HMOs. The Assistant Director – Wellbeing & Community Leadership explained that there was reliance on community intelligence as well as on staff to report concerns. The Housing Standards Team Leader added that there was also excellent collaborative work with Lincolnshire Police and Fire and Rescue, which assisted in reporting concerns.

The Housing Standards Team Leader further informed members that, as the strategy encompassed the three councils of the Partnership, there was a provision for senior officers from the other two councils to support the Boston team if required.

Appreciation was expressed for the commitment to reducing the number of empty homes and requested further information on the data related to this target. The Assistant Director – Wellbeing & Community Leadership responded that she would provide the relevant numbers. She also noted that identifying empty homes posed challenges for the team, as properties could remain vacant for a considerable period before being noticed. She highlighted the close working relationship with colleagues from departments such as council tax, and mentioned that the numbers were reflected in the Key Performance Indicators, which demonstrated good quarterly performance that they aimed to continue improving.

Clarification was sought on the penalties for keeping a house unnecessarily empty. The Assistant Director – Wellbeing & Community Leadership advised that they were to refer to the Council Tax department to ensure the correct council tax was applied to the owner. The Housing Standards Team Leader informed the members that, regarding prohibition orders, the council tax team conducted annual reviews to monitor these orders, and that the penalties varied depending on the reasons behind the house being empty, including the length and duration of vacancy.

Clarification was sought regarding the term "affordable housing commuted sum." The Deputy Executive S151 explained that this referred to payments made by developers to the Authority under a Section 106 agreement, in lieu of developing affordable housing on their site.

A member inquired about the method used by the team to identify dwellings in need of repair. The Housing Standards Team Leader informed the members that the team maintained a closely collaborative relationship with the police, the fire and rescue team, Lincs well-being services, community teams, and homeowners. This collaboration facilitated the reporting of cases concerning potential disrepair. He added that provisions were in place to work with property owners, conduct inspections, and guide them towards possible grants should they struggle to afford the necessary repairs.

The Housing Standards Team Leader confirmed to the members that the figures concerning empty homes in Boston, which included 265 flats, encompassed properties in the town centre. He advised that a new investigation was to be conducted to develop a new strategy under the policy. He further stated that the team encouraged flats to be brought back into use, provided they complied with all inspections.

Concerns were expressed regarding unlicensed HMOs and suggested that factories could help the team address the issue. The Housing Standards Team Leader advised that intelligence reports were received from commercial premises due to their legal duty to report such activities, which led the team to conduct inspections in liaison with the police and fire and rescue teams.

A member inquired about the workings of the health and safety rating system. The Housing Standards Team Leader explained that officers rated the premises based on the Housing Health and Safety Rating System (HHSRS) scoring system, which identified two categories of hazards. These hazards placed either a mandatory or discretionary duty on the authority to take action, potentially involving enforcement options for noncompliance such as emergency remedial works, improvement notices leading to prosecution or financial penalties, emergency property prohibition, or a 28-day prohibition resulting in the property's closure. He emphasized that the team prioritized working with landowners to ensure compliance and stressed that tenants were protected under the Retaliatory Eviction and Deregulation Act 2015.

A question was asked in regards to landlords and unknown HMOs. The Housing Standards Team Leader explained that the team received a constant stream of intelligence on this matter and conducted inspections to verify the occupation as the main home, the tenure, and the right to reside there. He advised that, if proven, the council could take action against individuals found to be subletting.

Concerns were expressed regarding cash payments and the difficulties in tracking individuals engaged in such practices. The Housing Standards Team Leader advised that the team had investigative powers and provisions for conducting unannounced inspections. He emphasized the importance of the Renters' Rights Bill in finding a more robust way to address this issue locally.

A member inquired about the duration for which social housing remained in disrepair and the actions taken to bring these properties up to a safe standard. The Housing Standards Team Leader explained that monitoring the length of time social housing providers had properties in disrepair was challenging due to reliance on occupants' reports for this information. Regarding actions, he added that the team was in contact with registered providers to ensure compliance, and that inspections and enforcement actions were additional options. Furthermore, there was an internal complaints procedure, and the Housing Ombudsman was involved in certain cases.

Further information was sought on licensed HMOs, inquiring whether updates could be provided every six months to assist in identifying unlicensed HMOs. The Housing Standards Team Leader advised that the team had a mandatory duty to publish the licensed record of HMOs, which could be found on the Boston Borough Council website and was updated quarterly. He also offered to send these updates to members should they wish to receive them.

In response to a question regarding planning licensing allowances for potentially unfit HMOs, the Housing Standards Team Leader explained that, although planning and housing legislations lacked some alignment, the teams worked well together to scrutinize potential future problems. He added that specific measurements within the Housing Health and Safety Rating System (HHSRS) superseded other legislation.

In addressing a question about potential license revocation for non-compliance by HMOs, the Housing Standards Team Leader stated that, before taking such action, the team prioritized guiding landlords towards compliance rather than punishing them. He noted that enforcement action was costly and time-consuming for the authority.

A suggestion was made to apply a rating system to HMOs similar to the one used for hygiene in food shops and restaurants.

In response to a question about available provisions or fines for identifying unlicensed HMOs, the Housing Standards Team Leader explained that the housing standards team had the authority to impose financial penalties for housing offenses, currently capped at £30,000 per offense, with an upcoming increase to £40,000. The Assistant Director added that there was a matrix of legislation that could be used to conduct investigations, particularly if there were issues related to the protection of environmental health.

The Assistant Director – Wellbeing & Community Leadership advised the public to contact the team with any concerns via the housing standards email, website, or telephone.

In response to a question on whether regular meetings were held with HMO occupants to gain a closer understanding of the issues, the Housing Standards Team Leader explained that the team collaborated with landlords' forums and DASH, which provided intelligence from both landlords and tenants. He added that changes were anticipated due to updates in new legislation. The Assistant Director – Wellbeing & Community Leadership mentioned that the consultation for the Borough Plan was currently open and encouraged the community to voice their opinions to facilitate improvements.

Addressing concerns about accountability regarding the LHP and properties below standards in terms of repairs reported by occupants, the Assistant Director – Wellbeing & Community Leadership noted that the relationship with LHP had improved compared to the past. She emphasized the importance of following a process for reporting complaints by tenants and highlighted the possibility of contacting the council for support after following the initial process.

A question was asked regarding the allocation process in social housing and voiced concerns about the promotion of property deterioration and the development of modern ghettos. Additionally, clarification was sought on whether there was any authority over these properties or HMOs to tenants prior to identifying any damage. The Assistant Director – Wellbeing & Community Leadership advised that there were positive relationships between the providers and registered providers. Regarding the issues mentioned, she highlighted that there were specific teams, including LSP officers and ASB teams, which liaised with the providers to address these matters. She further advised that the team was committed to supporting vulnerable people in Boston and was actively reviewing available agencies to facilitate this support.

The Chairman advised that the provision of social housing within the borough be added to the work programme, enabling the committee to proceed with a review. He praised the document and suggested modifications to the presentation of the data. Regarding the contents, the Chairman recommended increasing the font size for the commitments and reflecting the greater impact on the community concerning the number of rented houses compared to other councils. Overall, the Chairman highlighted the document as a very impressive one.

Councillor Baxter thanked the officers and councillors involved in this strategy, appreciated the progress made, and noted the comments and concerns raised.