Appendix 9 Representations Recieved During the Consultation

APPENDIX 9 LANDLORD LICENSING IN TRINITY REPRESENTATIONS RECEIVED DURING THE CONSULTATION

Before any new designation can be approved, the Council must consult for a period of not less than 10 weeks. The consultation process commenced on the 6th May 2013 using the following methods to ensure that a full consultation exercise was completed:

 Posters in the area, local businesses, schools, community centres, health centres, public buildings etc.  Leaflets to residents through school bags, placed in local businesses, community centres, health centres, public buildings etc.  Resident Questionnaire hand delivered to every household in the area, and block adjacent to the area.  Landlord Questionnaire emailed or posted to every known landlord and agent in the area.  Questionnaire to local businesses.  Public event for Residents.  Consultation of the Private Rented Sector Forum.  Landlord meetings.

Transcriptions of Written Representations received and Responses

Who and how Date Text Respondent 20/5/13 Why aren’t Buccleuch St, Grant St and Weldon Street on the map (telephone call) on the questionnaire? Is there something you aren’t telling us? Are our houses being knocked down?

BBC answer 20/5/13 Explained that it was an error and that the three streets are (telephone call) included in the selective licensing area. There were no plans to demolish those streets. I asked the respondent to complete the questionnaire and if they see their neighbours to reassure them the Streets in question are included.

Respondent 21/5/13 What area is to be chosen next for Selective Licensing? (telephone call) What is the Council’s perspective on current Selective Licensing in Trinity?

BBC answer 21/5/13 Advised the respondent that the Council were not yet looking at (telephone call) another Selective Licensing area, but concentrating on the new designation of Trinity at present. Another area may be looked at some time next year to consider a proposal for Selective Licensing. Advised the respondent that the decision had to go to Executive to seek approval to consult for a new Trinity designation. The approval was given. The new consultation period was to last 11

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weeks (dates given). The Council were confident Selective Licensing had made a significant impact in the Trinity area, particularly regarding Anti-Social Behaviour and reference checking new/prospective tenants and we were hopeful responses received back would reflect this. Advised the respondent to visit the Councils website now further information was available and view proposal documentation/fee structure etc. The respondent said they would and that they were waiting for their questionnaire to arrive.

Respondent 24/5/13 New Licence now received, what happens when this runs out in (telephone call) October 2013?

BBC answer 24/5/13 Advised the respondent that the consultation process was now (telephone call) taking place for a possible new designation of Trinity. This will last 11 weeks. After the consultation has closed the Council will make a decision based on the response received. Advised the respondent of the Landlords Consultation Event on 5th June at Mechanics and advised that they may find this event useful. Asked the respondent if they had received their questionnaire and they said yes and so had x. They will complete the questionnaire and return to us.

Respondent 24/05/13 I require please a breakdown of the costs of Selective Licensing in (email) view of the proposed extension of scheme.

BBC answer 07/06/13 I have attached a document that outlines how we have arrived at (email) the fee.

The budget expenditure to the end of March 2013 is as follows:

Actual Actual Actual Actual Actual 2008/0 2009/1 2010/11 2011/12 2012/13 9 0 Expenditure[Em 27,150 93,003 114,810 116,492 109,775 ployee costs + Other Charges] .25 .34 .66 .38 .81

Selective Licensing – Fee proposal What can the fee cover? When fixing a fee for the application of a licence the Council can take into account all costs incurred whilst carrying out the functions

Page 2 of 69 under Part 3 of the Housing Act 2004. These functions include: • Designating of the area; • Duration review and revocation of designations (inc. monitoring effectiveness against objectives); • Temporary Exemptions; • Processing applications for refusal or approval (inc Fit and Proper Person and satisfactory management arrangements); • Applying both mandatory and discretionary licence conditions; • Variation of licences; • Revocation of licences; • Appeals against decisions; • Dealing with offences in relation to licensing; • Other consequences of operating unlicensed houses (eg rent repayment orders, management orders, prosecutions).

How have we arrived at the budget? Using officer experience, we have identified the tasks involved in the application process from beginning to end. The level of properties and landlords for the area is now known, and we have identified a predicted number of new properties to be licensed within the next 5 years.

It is proposed that the applications are dealt with in the following years:

Proper ty Analy sis Year 1 Year 2 Year 3 Year 4 Year 5 Total Prop Props Props Props Props Props s Renew als 284 57 0 0 0 341 Renew als (Additi onal) 204 41 0 0 0 245 New Apps 6 6 7 7 6 32 New Apps (Additi onal) 4 4 4 4 4 20 Total 498 108 11 11 10 638

We looked at the task timings per application and the total number of applications to be processed per year, this enabled a calculation

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to be made for the total hours required to process the applications. We then looked at all the other functions that are to be covered as part of the designation, and based on officer experience an average task time, per property for the 5 years was calculated, this then gave an indication of the likely level of staffing resources required for the monitoring. The staffing requirements for both elements were then added together to give the staffing requirements for the scheme.

The proposed staffing structure to deliver the required level of work is as follows:

Full Time – Project Assistant from Year 1 to Year 5. Full Time – Project Officer in Year 1 reducing to half time from Year 2 to Year 5. Full Time – Admin Assistant in Year 1 reducing to half time from Year 2 to Year 5.

The associated revenue costs of delivering the project is approximately £490,000 for the 5 years. This has been based on actual costs of the current designation.

Discounts

It is proposed that a 15% discount is awarded to landlords who have joined the Good Landlord and Agent Scheme (GLAS) prior to the designation being awarded by the Executive, in recognition of the standards they have already achieved and their willingness to engage with the Council.

Respondent 25/05/13 Points in favour: (email) 1. They have improved the Accrington Road area (this is not in the licensing area – but money was spent improving this area and it has worked) 2. They are helping source better tenants in the Licensing area 3. Tenants in the area get more attention paid to them by the council – they have meetings, Streetscene goes there more often, better Policing in the area 4. New investors in the area feel more confidence in buying where an area is officially monitored. 5. The scheme has invested 5 years of effort and if abandoned now the bad tenants who were moved on may move back, and the area may go down even further.

Points against:

1. Landlords pay the cost but owner occupiers in the area get the benefit without paying 2. Rents are no higher in the area, so after adding cost of

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licensing it is less profitable for investors to own there 3. The decent landlords who will make improvements, keep yards clear etc get harassed because they will comply, while others who won’t get away with doing nothing. 4. Landlords do not feel the benefit – for example neglected neighboring properties that are ruining a landlord’s house are not being repaired or done up. (example XXXXXXXX) 5. There is a general feeling that this is merely a job creation scheme for the council – it keeps staff busy with fine sounding projects but they don’t have the power to enforce the changes needed – ie CPO the bad houses, evict the bad tenants, put tenants into the empty streets 6. The council is not interested in finding and chasing the bad landlords – except for their license fee. When we ask for help with bad properties we are told it is a civil issue and we need to contact the owner ourselves via land registry search. So what are we paying the license for?

Overall conclusion:

Renew the licensing in Trinity – but put some teeth into it. Chase out the bad landlords and tenants, clear up the empty property areas, force landlords to either refurb or sell the empties – get the council to CPO (at rock bottom prices) the properties that are neglected and let the council itself auction them off to landlords who have proven records of good practice. Demolish streets with no hope for the future. Encourage employment in the area with grants or support for small businesses there. If you cannot enforce improvements in the area then there is no point in continuing and the scheme should not be renewed when it runs out.

BBC answer 14/06/13 I am pleased to hear your thoughts on the positive aspects of (email) selective licensing and agree that if the scheme was to come to an end that we would lose some of the progress made over the previous 5 years.

I will now provide a response to each of your points against in turn:

1. Landlords pay the cost but owner occupiers in the area get the benefit without paying.

Owner occupiers in the area pay Council Tax for the properties in which they live and are making a contribution to the area through this payment and through the personal investment they have made within the properties they own and reside in. When a local authority proposes to introduce a selective licensing designation it can request an application fee be made with the application, it is the processing of the application and the monitoring of those licenses that landlords pay for. Selective licensing is about addressing standards

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within the private rented sector and it is this function that is the primary objective of a scheme. It is of course the case that when selective licensing contributes to the improvement of a neighbourhood then it will be to the benefit of all but this is true of all regeneration activity that is taking place. As an area improves through a well-managed good quality private rented sector, or through the development of new housing, or the reduction of empty properties, the area as a whole will benefit and this is the aim of selective licensing and the other regeneration initiatives that are taking place in Trinity. Selective licensing has made a valid contribution to improving the Trinity area and the proposal for a further designation will continue this progress through its contribution to a wider programme of area Regeneration. It is hoped that through the regeneration of the area owner occupiers are encouraged to invest in the area to create a stable, balanced housing market that makes a positive contribution to neighbourhood.

2. Rents are no higher in the area, so after adding cost of licensing it is less profitable for investors to own there.

The fee charged is of course a reality of selective licensing but it is believed that a further scheme will see continued improvements in the local housing market in Trinity making the neighbourhood a more attractive place to live. This should create more demand for private rented housing as the area becomes more attractive for new tenants, which should in turn impact on landlords being able to attract longer term tenants, reduce void periods, and through referencing of tenants minimise the risk of unsuccessful tenancies. As a key stakeholder in the area landlords will see the benefits of selective licensing through a more stable housing market and be the owners or managers of properties that offer an attractive proposition to prospective tenants looking to rent good quality homes.

3. The decent landlords who will make improvements, keep yards clear etc get harassed because they will comply, while others who won’t get away with doing nothing.

The Council’s Streetscene department have the responsibility to target back yards and are proactive in tackling the issues. There is a condition set out within a licence that landlords must ensure that the yard areas are free from rubbish and when the licensing team is notified of a persistently dirty back yard, then we will notify the landlord. As you are aware it is a condition that landlords inspect their properties quarterly and through regular visits to properties

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landlords should be checking on the rear yards and general condition of their properties to ensure that the tenant is maintaining their home and complying with the tenancy agreement. The partnership between Streetscene and licensing has resulted in the licensing team notifying 109 landlords or agents about the need to address dirty back yards. In addition the team has been involved in assisting residents to organise community skips, assisting Streetscene in carrying out audits of dirty back yards, and organising resident representatives to conduct back yard audits. Through a further licensing scheme it is anticipated that improved management practices will become embedded across the sector to improve the general management of properties and tenancies. Through a selective licensing designation the Council are keen to engage with landlords to improve management standards and in particular any landlords who are not meeting the necessary standards of management.

4. Landlords do not feel the benefit – for example neglected neighbouring properties that are ruining a landlord’s house are not being repaired or done up. (example 9 Every Street)

As you are aware selective licensing only tackles occupied properties, as defined under the Housing Act 2004 a property can only be licensed if it is a rented property. We are aware of the impact that empty properties have within an area, and we are addressing these issues through the linked up scheme and the Clusters of Empty Homes Programme. The Clusters programme totals around £7 million and is set to bring approximately 175 empty homes back into use across three priority areas within the borough. Trinity is one of these priority areas. The Linked up scheme is the name chosen for the Pennine Lancashire Partnership that has been established to bring empty homes back into use as affordable housing under the management of Registered Providers. Through this partnership approximately 68 properties in Burnley will be brought back into use and it is anticipated that a number of these properties will be in the Trinity area.

As you are aware Trinity remains one of the areas across the borough with a significant number of empty properties and this is the reason why the Council have identified this area as a priority for the Clusters of Empty Homes Programme.

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5. There is a general feeling that this is merely a job creation scheme for the council – it keeps staff busy with fine sounding projects but they don’t have the power to enforce the changes needed – ie CPO the bad houses, evict the bad tenants, put tenants into the empty streets.

Selective licensing has given the local authority greater powers to deal with poorly managed privately rented properties. These powers have been used and as outlined in the proposal document we have carried out 326 property inspections in the designation area. The current selective licensing designation has also seen the prosecution of landlords for the failure to licence 14 properties, and one prosecution for a serious breach of a licence condition. In addition 14 licenses have been refused where the standard of management has not been satisfactory and the Council have made use of 4 interim management orders and 1 final management order to address management standards.

The Council have also proposed to refuse a number of licences but as a result of the landlord and the Council working together to improve the management arrangements this action was avoided and a licence was granted.

With regard to the issue of addressing problems associated with tenant behaviour, the selective licensing team act promptly to tackle any problem where a tenant is causing anti- social behaviour in the area. To date the selective licensing team have held over 40 meeting with landlords to address circumstances where serious issues have arisen and the team are committed to progressing this pro-active approach to tackle issues arising from tenant behaviour. Through this approach landlords are made aware of any issues that need attention and support is available to help them deal with the problem, however the Council does not have the power to evict tenants, which remains the responsibility of the landlord. The selective licensing team can support a landlord through this process and then through the promotion and support for referencing can ensure a new landlord is aware of a prospective tenant’s previous behaviour.

In order to support landlords to reference tenants, the team

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offer an informal referencing process that complies with data protection to give landlords information as to whether a prospective tenant has been known to the licensing team for causing anti-social behaviour.

The licensing team have worked hard to inform landlords of best practice, through newsletters, landlord development training and when necessary individual meetings with landlords to discuss specific issues.

6. The council is not interested in finding and chasing the bad landlords – except for their license fee. When we ask for help with bad properties we are told it is a civil issue and we need to contact the owner ourselves via land registry search. So what are we paying the license for?

The selective licensing team are particularly interested in engage with those landlords that do not meet the required standard of management and the record is clear that this commitment is implemented. As detailed earlier in this response the selective licensing team have engaged with 109 landlords about the need to address problems with dirty back yards and held over 40 meetings with landlords to discuss issues associated with tenant behaviour. The Council have also carried out 14 prosecutions, refused to issue 14 licences and made 4 interim management orders where the Council were not satisfied that the management arrangements in place were satisfactory. Burnley Council is also the first local authority in the country to issue a final management order under a selective licensing designation and again this shows the commitment to address poor management standards where they exist. Working with landlords to improve standards is a fundamental objective of selective licensing and one that can be demonstrated through the activity that has taken place to date. The Council recognise the problem that can be caused by neighbouring properties that are in a poor condition, although directly tackling the condition of properties is not a function of selective licensing and is not covered by the fee. However, the Council more generally do have services that are in place to address this problem. The clusters of empty homes programme that is currently working in Trinity is aiming to return a number empty homes back in to use that will assist with tackling the problem of vacant property. The Council have also carried out 326 property inspections in the current selective licensing designation, this has tackled issues of disrepair and assisted in ensuring that these properties do not

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suffer from serious disrepair. The Council’s private sector enforcement service work to address the problem of poor condition in the private rented sector and this service compliments the activity of selective licensing by dealing with the physical condition of properties whilst selective licensing focuses on the management standards. The Council’s Streetscene department also have powers to address issues caused by neighbouring properties when the property is considered to be causing a statutory nuisance and we have arranged for an officer who deals with this area of work to attend the next Private Rented Sector Forum to discuss the issues with attendees.

Respondent 28/05/13 I started to fill in the questionnaire but stopped as there is an (email) obvious bias toward opting for renewing selective licensing, the questions lead the respondent either being in favour categorically for licensing or not therefore I refuse to participate.

In the five years the Selective Licensing has been in operation in the Trinity area there appears to be only one area of success Burnley Borough Council are claiming, namely the reduction in the amount of ASBO'S awarded to persons involved in anti-social behaviour. As there has been a significant reduction of people willing to live in these areas I surmise the ratio of ASBO'S awarded and reduction of tenants in these areas equates therefore I fail to see how this can be claimed as a success.

In all the correspondence I have received in the past five years there does not appear to any advantage in Selective Licensing I feel I receive very little support from Burnley Borough Council when requested and it seems all the cards are stacked in favour of tenants even for decent landlords who comply with the dictates of the Licence.

As I live so far away from Burnley I am unable to attend your landlord meetings but trust my views are considered.

BBC answer 15/07/13 Thank you for taking the time to respond to the Council’s formal (email) consultation for the proposed designation of the selective licensing area in Trinity.

With regard to your comment on the questionnaire it is our view that the questionnaire asks clear questions, to enable a clear response and includes a section at the end to add additional comments. The assumption is that people will ultimately be in favour or against the proposal. The questionnaire is only one part of the consultation process. The Council are keen to hear all landlords and residents views and with this mind we devised a full

Page 10 of 69 programme of consultation events. Questionnaires have been emailed and posted to landlords, residents in the area, local businesses, councillors and partner agencies. We have sent leaflets to landlords and residents via door to door and email reminding them of the events and to return their questionnaire. We have held 2 resident consultation events in the area, and 2 landlord events. The display stand has been displayed in public buildings, and there are posters displayed in public buildings in the area, display boards, and local businesses. The Council prepared a press release and there is also a web banner on the website. We have also stated in all the consultation documents that any comments or questions can be raised with the team as you have done. All the questions received will be responded to, and will be included in the report that goes to the Council’s executive when making its decision on the future of selective licensing in Trinity.

Anti- Social behaviour and environmental crime is a major concern for local people in the proposed Selective Licensing area. During 2011-12 the Council received a combined total of 585 cases of reported antisocial behaviour and environmental crime in the Selective Licensing area. Of these cases 58% came from private rented properties in the area. Between April 2012 and March 2103 there were a total of 764 reports to the police regarding anti-social behaviour (Safer Lancashire). This constituted a 33.2% reduction in the number of cases of antisocial behaviour in the ward of Trinity compared to the same period for the previous year.

It is accepted that the reduction in ASB is not solely as a result of Selective Licensing, however, Selective Licensing ensures that landlords can be easily identified and can be notified immediately of any complaint. The use of the legislative powers that Selective Licensing provides can also be utilised to ensure that a landlord takes action to deal with breaches of tenancy. Often landlords are not aware of the problems their tenants cause, or are made aware when the situation has escalated. This early intervention allows problems to be tackled.

The police see the Selective Licensing team as their main partner in tackling ASB within the area. A specific example quoted by the police, that demonstrates the use of tools available through Selective Licensing can be seen below:

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closure order to resolve the situation. The Selective Licensing team contacted the landlord, and although they had proper management in place, the landlord still showed a reluctance to gain possession of the property.

This resulted in the licensing team revoking the landlords licence, and making a management order for the property. The Council subsequently gained possession of the property to prevent any further problems of ASB.

The data from Safer Lancashire shows that since the commencement of the active partnership working with all agencies including landlords and residents, reports of calls to the police about ASB has reduced over a three year period, from 1210 calls in April 2010 to March 2011 to 764 in April 2012 to March 2013 demonstrating a 36.86% reduction in reports of ASB to the police in the Trinity ward.(Safer Lancashire).

Selective Licensing only tackles occupied properties, as defined under the Housing Act 2004 a property can only be licensed if it is a rented property. We accept that the number of vacant properties has increased in the area. We are also aware of the impact that empty properties have within an area, and we are addressing these issues through the linked up scheme and the Clusters of Empty Homes Programme. The Clusters programme totals around £7 million and is set to bring approximately 175 empty homes back into use across three priority areas within the borough. Trinity is one of these priority areas. The Linked up scheme is the name chosen for the Pennine Lancashire Partnership that has been established to bring empty homes back into use as affordable housing under the management of Registered Providers. Through this partnership approximately 68 properties in Burnley will be brought back into use and it is anticipated that a number of these properties will be in the Trinity area.

We are starting to see new investors buying and renovating properties in the area. For Example Raglan Road, there are a number of newly renovated properties, therefore void levels reducing, and this area is slowly showing signs of improvement. Selective Licensing in one part of a wider programme of intervention.

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tenant referencing, and advising landlords when know individuals are seeking to move into the area. These practices of referencing will take time to become embedded in some managers procedures. The constant monitoring of the designation highlights when these processes are not being followed by landlords.

The selective licensing team are particularly interested in engaging with those landlords that do not meet the required standard of management and the record is clear that this commitment is implemented. The Council have also carried out 14 prosecutions, refused to issue 14 licences and made 4 interim management orders where the Council were not satisfied that the management arrangements in place were satisfactory. Burnley Council is also the first local authority in the country to issue a final management order under a selective licensing designation and again this shows the commitment to address poor management standards where they exist. Working with landlords to improve standards is a fundamental objective of selective licensing and one that can be demonstrated through the activity that has taken place to date.

It is all of these practices that when combined with the other regeneration initiatives in the area that will create a more stable housing market, and reduce low housing demand.

Respondent 17/06/13 Despite conforming to all Burnley Borough Council's selective (email) licensing rules and regulations I regrettably have to say during the past 5 years I haven't seen any signs of improvement within the Trinity area. In fact, the opposite would appear to be the case.

I am totally disillusioned with the Council. If, as you suggest, the area has seen a decrease in the level of crime, this must be on the basis that the majority of the properties are boarded up!

The future of owning a property in the Trinity area fills me with utter despair.

I understand the Council will be looking to continue with the selective licensing for a further 5 years for which a hefty fee will be levied.

I would be obliged if you would kindly furnish me with a full report including a breakdown of all the costs involved in providing this "service".

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BBC answer 21/06/13 Anti- Social behaviour and environmental crime is a major concern (email) for local people in the proposed Selective Licensing area and this is something that has been recognised and which selective licensing has worked to address. During 2011-12 the Council received a combined total of 585 cases of reported antisocial behaviour and environmental crime in the Selective Licensing area. Of these cases 58% came from private rented properties in the area. Between April 2012 and March 2103 there were a total of 764 reports to the police regarding anti-social behaviour (Safer Lancashire). This constituted a 33.2% reduction in the number of cases of antisocial behaviour in the ward of Trinity compared to the same period for the previous year.

The police were aware of a property where drug dealing was reported as a problem. Drug warrants were executed at the address. However, the tenant returned to the property and issues continued to be reported. The high level of vacant properties in the area surrounding the property meant that the level of complaints from neighbours and local residents wasn’t enough to enable the police to use a closure order to resolve the situation. The Selective Licensing team contacted the landlord, and although they had proper management in place, the landlord still showed a reluctance to gain possession of the property.

Page 14 of 69 demonstrating a 36.86% reduction in reports of ASB to the police in the Trinity ward.(Safer Lancashire).

I have attached a document that outlines how we have arrived at the new proposed fee structure.

The budget expenditure to the end of March 2013 is as follows:

Actual Actual Actual Actual Actual 2008/0 2009/1 2010/11 2011/12 2012/13 9 0 Expenditure[Em 27,150 93,003 114,810 116,492 109,775 ployee costs + Other Charges] .25 .34 .66 .38 .81

The annual accounts are reported in the annual reports which are available on the Council’s website, the annual report for year 4 can be found at: http://www.burnley.gov.uk/sites/default/files/SelectiveLicencingRev iew2013.pdf.

Selective licensing only tackles occupied properties, as defined under the Housing Act 2004 a property can only be licensed if it is a rented property. We are aware of the impact that empty properties have within an area, and we are addressing these issues through the linked up scheme and the Clusters of Empty Homes Programme. The Clusters programme totals around £7 million and is set to bring approximately 175 empty homes back into use across three priority areas within the borough. Trinity is one of these priority areas. The Linked up scheme is the name chosen for the Pennine Lancashire Partnership that has been established to bring empty homes back into use as affordable housing under the management of Registered Providers. Through this partnership approximately 68 properties in Burnley will be brought back into use and it is anticipated that a number of these properties will be in the Trinity area.

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improvement. Selective Licensing in one part of a wider programme of intervention.

Selective Licensing is a tool used to address poor management of privately rented properties. The team is responsible for monitoring the designation and all issues that are reported such as ASB, property in disrepair, illegal activity are dealt with through the partnership working. The Selective Licensing team ensure that any issues that relate directly to how a property is being managed is tackled. One of the key areas that we have been involved in is tenant referencing, and advising landlords when know individuals are seeking to move into the area. These practices of referencing will take time to become embedded in some manager’s procedures. The constant monitoring of the designation highlights when these processes are not being followed by landlords.

It is all of these practices that when combined with the other regeneration initiatives in the area that will create a more stable housing market, and reduce low housing demand.

Respondent 21/06/13 We attended the Landlord’s Forum on Wednesday 12th June 2013 (email) and part of the agenda of the meeting was the extension of the Selective Licence Scheme in the Trinity area of Burnley, which is due to end October 2013.

My email is to inform you that, as a Landlord who rents properties out in this area, I am against this extension of the Scheme as I believe this is a money making scheme for the local council as, since its inception of the Scheme in 2008, I have not experienced any benefit to it whatsoever.

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It was stated that some of your goals, (stated at the inception), of the Scheme was to eradicate anti-social behaviour and reduce the amount of empty properties in the area. Can you tell me if any of these goals have been attained? If so, how was this achieved? We would also like to ask what have the council done with regards to increasing infrastructures within the community to help alleviate the “broken windows” theory.

I do note your email dated 20th may 2013, which denotes a reduction in anti-social behaviour by 54%. Can you provide us with fully structured reports as we believe this has nothing to do with the Licensing Scheme and has more to do with the fact there are significantly more empty properties now than there were in 2008. This obviously decreases the population in the area and as a result of this we feel the area has suffered adversely.

Therefore, as a Licence holder, and an experienced landlord I ask how the Council can justify a five year extension? To that end I request a full structured report indicating the number of properties empty at the inception of the Scheme in 2008 and the number of properties that are empty to date.

BBC answer 17/07/13 When fixing a fee for the application of a licence the Council can (email) take into account all costs incurred whilst carrying out the functions under Part 3 of the Housing Act 2004.

These functions include:

• Designating of the area; • Duration review and revocation of designations (inc. monitoring effectiveness against objectives); • Temporary Exemptions; • Processing applications for refusal or approval (inc Fit and Proper Person and satisfactory management arrangements); • Applying both mandatory and discretionary licence conditions; • Variation of licences; • Revocation of licences; • Appeals against decisions; • Dealing with offences in relation to licensing; • Other consequences of operating unlicensed houses (eg rent repayment orders, management orders, prosecutions).

These are the tasks that are performed by the team during the 5 years of the designation. The Selective Licensing scheme has been funded by the application fees and all the income has been used for this scheme. The annual accounts are reported in the

Page 17 of 69 annual reports which are available on the Council’s website, the annual report for year 4 can be found at: http://www.burnley.gov.uk/sites/default/files/SelectiveLicencingRev iew2013.pdf

The Council have also proposed to refuse a number of licences. This has resulted in either the landlord and the Council working together to improve the management arrangements to enable a licence to be granted or action being taking for having an unlicensed property.

With regard to the issue of addressing problems associated with tenant behaviour, the selective licensing team act promptly to tackle any problem where a tenant is causing anti-social behaviour in the area. To date the selective licensing team have held over 40 meeting with landlords to address circumstances where serious issues have arisen and the team are committed to progressing this pro-active approach to tackle issues arising from tenant behaviour. Through this approach landlords are made aware of any issues that need attention and support is available to help them to deal with the problem, however the Council does not have the power to evict tenants, which remains the responsibility of the landlord. The selective licensing team can support a landlord through this process and then through the promotion and support for referencing can ensure a new landlord is aware of a prospective tenant’s previous behaviour.

In order to support landlords to reference tenants, the team offer an informal referencing process that complies with data protection to give landlords information as to whether a prospective tenant has been known to the licensing team for causing anti-social behaviour.

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Anti- Social behaviour and environmental crime is a major concern for local people in the proposed Selective Licensing area. During 2011-12 the Council’s streetscene team received a combined total of 585 cases of reported antisocial behaviour and environmental crime in the Selective Licensing area. Of these cases 58% came from private rented properties in the area. Between April 2012 and March 2103 there were a total of 764 reports to the police regarding anti-social behaviour (Safer Lancashire). This constituted a 33.2% reduction in the number of cases of antisocial behaviour in the ward of Trinity compared to the same period for the previous year.

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In 2007 the level of vacant properties within the current Selective Licensing designation in Trinity was 210 properties equating to 15.5% of the total properties in the area. Despite fluctuations in this figure the number of vacant properties has remained high with the overall total increasing to 275 properties in October 2012, with 81 of these being vacant for 6 months or more.

Selective Licensing only tackles occupied properties, as defined under the Housing Act 2004 a property can only be licensed if it is a rented property. We are aware of the impact that empty properties have within an area, and we are addressing these issues through the linked up scheme and the Clusters of Empty Homes Programme. The Clusters programme totals around £7 million and is set to bring approximately 175 empty homes back into use across three priority areas within the borough. Trinity is one of these priority areas. The Linked up scheme is the name chosen for the Pennine Lancashire Partnership that has been established to bring empty homes back into use as affordable housing under the management of Registered Providers. Through this partnership approximately 68 properties in Burnley will be brought back into use and it is anticipated that a number of these properties will be in the Trinity area.

Part of the proposed Selective Licensing designation area has been identified as a “cluster” and included in the Clusters of Empty Homes Programme. It is through a combination of interventions that the area will improve.

The Trinity Ward has 3083 properties of which there are 422 vacant properties (Council Tax - May 2013). The figures used for the ward comparison below are based on figures extracted in October 2012 and demonstrate the position at that point in time. They show that Trinity ranks as the area with the highest level of vacant properties in the borough.

Burnley Borough Council – Proposal to Declare a Selective Licensing Designation

Table 3: Vacant 2012 2011 Ranking properties in each ward and ranked. Ward Bank Hall 298 298 3 Briercliffe 85 90 12 Brunshaw 121 90 10 Cliviger with 73 74 13 Worsthorne Coal Clough 77 73 12

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with Deerplay Daneshouse 343 389 2 with Stoneyholme Gannow 156 171 7 Gawthorpe 180 197 6 Hapton with 130 122 9 Park Lanehead 101 128 11 Queensgate 294 318 4 Rosegrove with 149 149 8 Lowerhouse Rosehill with 239 316 5 Burnley Wood Trinity 373 409 1 Whittlefield with 72 79 14 Ightenhill

There are some positive developments taking place through the Clusters of Empty Homes Programme and new housing development by Keepmoat Homes. Selective licensing has a key role to play in this progress by ensuring that private rented properties in the area are well managed and that working together with a range of initiatives the area becomes a more desirable location to live.

Thank you for your views it is a consultation process and we are seeking landlord and residents views on the proposal of a further designation.

Respondent replied to the above response.

Attached is a copy of an Inspection Report we had carried out at XXXXXXXX, Burnley. We are the landlord's for the above property and currently let this to our tenant XXX.

Prior to XX taking up this tenancy on 03rd May 2013, we undertook extensive renovation works which also included internal redecoration throughout. Early on in the tenancy, the tenant reported damp spreading throughout the rear rooms to the property. We have attended the property over the past weeks and months and have also noted that the dampness is spreading; it is black and has also red spores emerging from it.

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We have spoken with your office regarding this situation on several occasions, and on 15th July 2013, our tenant attended Burnley Council and spoke with a Streetscene Officer, who, in our opinion, did not offer sound help nor advice; she was informed by this officer that the damp from the adjacent property did not constitute a statutory nuisance. We do not understand how this can be stated as no one from the council has inspected the condition of the adjacent vacant property. As you can see, (from the attached Inspection Report), the cause of this severe damp is stemming from the vacant property at XXXXXXXXXXXXXXX.

Pursuant to this, Michelle Hall has responded to us, via email, regarding our opposition to the extension of the Select Licensing Scheme and highlighted some "positive developments taking place through the Clusters of Empty Homes Programme" where she states that "Selective Licensing has a key role to play..... by ensuring private rented properties are well managed in the area and that working together with a range of initiatives the area becomes a more desirable location to live". We do not see how this could be successful when Burnley Council are failing to address the current situation regarding the vacant, damp property at XXXXXXXXXXX, which is within the Select Licensing area.

Our tenanted property at XXXXXXXXX is, (obviously), within the Selective License area and we believe we are doing all we can to ensure we are complying with YOUR policies stipulated within those guidlines. However, we feel that Burnley Council is not only letting us down but also letting our tenant down with their lack of action regarding this situation. Tenants like XX, is the calibre of tenant we wish to remain and she is also the calibre of tenant that Burnley Council wishes to retain in order to help improve the surrounding area; she is a hard working, law abiding citizen who attempts to take care of our property given she is battling against spreading damp from the adjacent vacant property.

Our tenant has informed us that she is actively looking for somewhere else to live; she does not want to move as she has spent a lot of money making this property into a comfortable home for herself. But,as she has stated, living with the damp inside the property is detrimental to her health, (she has attended her doctor, who has given her medication), and she cannot afford to constantly replace food stuffs that she has to throw away due to dampness spreading inside her food cupboards. If she is successful in finding another property, we as landlord/owner of the above property will find it nigh impossible in securing a tenancy given the damp conditions, thus we would be adding to your list of vacant properties in your Selective License area; this is something we wish to avoid.

We strongly feel that intervention from Burnley Council is now

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required without delay in order to resolve this matter. Following the above response from the landlord a joint site visit was held with Streetscene, Housing Enforcement and the landlord. A schedule of repair were identified to be remedied by the landlord and to be monitored by the Housing Enforcement team.

Respondent 8/7/13 Following the landlords consultation last week - Can I formally (email) request that the council officers / councillors request information from the Leeds Council and also the Manchester council as to what was considered in the decision making for not requesting a continuation of their schemes ?

What tools they chose instead to tackle their issues.

BBC answer 25/9/13 I have been finalising the responses to the formal consultation and (email) ensuring each one has had a response.

I know that following the email you sent below on the 8th July 2013 that you then had a conversation with Paul Gatrell regarding this issue.

I summarise the response below;

Both Paul Gatrell and Gillian Crawford had spoken with both Leeds and Manchester to find out why they had not continued with Selective Licensing.

Their reasons were complex and multi-layered and based on a mixture of what judgements they took on the outcomes produced by Selective Licensing, balanced with a view on what other interventions might achieve. The views below are those of officers that we spoke with.

Leeds City Council

Leeds have not begun their exit strategy for their current scheme but they see Selective Licensing as a success. They have had 42 prosecutions and crime has gone down however it is recognized that the work in preparing a business case, bureaucracy and post designation needs to be heavily subsidised by the local authority.

They have decided not to go ahead with another designation but in the last month have implemented Neighbourhood Enforcement teams. The work is proactive enforcement and targets are set by their Councillors which have to be met in the twelve months in order to secure further commitment and funding. If it is proven to work this will be the way forward but Selective Licensing remains

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an option.

Manchester City Councils

Manchester outlined that they found the process admin intensive, and that most of the teams time was spent on administration chasing up apps, carrying out prosecutions for failing to get a licence. They found it very difficult and challenging to prove breaches on SL conditions. Manchester were to use other existing tools available.

Respondent 01/07/13 I am requesting a detailed breakdown of costing for SL and (email) business plan please for our members so that they can understand why \ charges per property have doubled in less than 7 years.

Much of the registration work is simply to bring forward existing Licensed Landlords details, most of which you will have on file anyway.

BBC answer 15/07/13 Further to your request below, please find below a breakdown of (email) the budget for 5 years for the proposed scheme in Trinity.

Nov Apr Oct 13 - 18 - 13 - Mar Oct Oct 14 18 18 BUDGET PROJECT 2013/ 2014/ 2015/ 2016/ 2017/ 2018/ IONS 14 15 16 17 18 19 Total Estim Estim Estim Estim Estim Estim Estim ate ate ate ate ate ate ate Descriptio n Total Employee 38,53 79,49 63,61 63,61 63,61 37,10 345,9 Costs 0 9 2 2 2 7 72 Office 1480 Costs 1235 2960 2960 2960 2960 1727 0 Landlords Forum 10,00 Scheme 1,000 2,000 2,000 2,000 2,000 1,000 0 Admin 27,37 Buildings 2,281 5,474 5,474 5,474 5,474 3,193 0 Council 18,61 18,61 18,61 18,61 10,85 93,06 Support 7,756 2 2 2 2 6 0

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Units

Total 50,80 108,5 92,65 92,65 92,65 53,88 491,2 Costs 2 45 8 8 8 3 02 ------Licences 50,79 108,5 92,65 92,65 92,65 53,88 491,2 Income 9 45 8 8 8 4 02

I attach a further copy of the document ‘How we arrived at the fee’. As outlined in that document we have estimated the level of staff required based on the estimate of time to process each application and monitor the proposed designation. We also considered the delivery and as outlined in the document have projected how many applications will be dealt with each year. This then provided a proposed staffing structure.

The budget has been based on that proposed staffing structure and the associated on costs of delivering a proposed designation of this size.

We have considered that we currently hold a lot of information for landlords and that they have already gone through a licensing process. The proposed renewal application process will reflect this and will be requesting landlords to confirm details are correct and amend accordingly. However, if the proposed designation is made it will be a new designation. As outlined in the Housing Act a designation can only run for a maximum period of 5 years, so where there is a new designation all the licences for a new designation will have to be issued. So there is a significant amount of work involved in processing a renewal application, assessing Fit & Proper, and issuing a new licence. The monitoring of a proposed designation is proposed to have the same level of input in terms of monitoring licence conditions, and taking any necessary action.

Selective Licensing – Fee proposal What can the fee cover? When fixing a fee for the application of a licence the Council can take into account all costs incurred whilst carrying out the functions under Part 3 of the Housing Act 2004. These functions include: • Designating of the area; • Duration review and revocation of designations (inc. monitoring effectiveness against objectives); • Temporary Exemptions; • Processing applications for refusal or approval (inc Fit and Proper Person and satisfactory management arrangements);

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• Applying both mandatory and discretionary licence conditions; • Variation of licences; • Revocation of licences; • Appeals against decisions; • Dealing with offences in relation to licensing; • Other consequences of operating unlicensed houses (eg rent repayment orders, management orders, prosecutions).

It is proposed that the applications are dealt with in the following years: Proper ty Analy sis Year 1 Year 2 Year 3 Year 4 Year 5 Total Prop Props Props Props Props Props s Renew als 284 57 0 0 0 341 Renew als (Additi onal) 204 41 0 0 0 245 New Apps 6 6 7 7 6 32 New Apps (Additi onal) 4 4 4 4 4 20 Total 498 108 11 11 10 638

We looked at the task timings per application and the total number of applications to be processed per year, this enabled a calculation to be made for the total hours required to process the applications. We then looked at all the other functions that are to be covered as part of the designation, and based on officer experience an average task time, per property for the 5 years was calculated, this then gave an indication of the likely level of staffing resources required for the monitoring. The staffing requirements for both elements were then added together to give the staffing requirements for the scheme.

The proposed staffing structure to deliver the required level of work

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is as follows:

The associated revenue costs of delivering the project is approximately £490,000 for the 5 years. This has been based on actual costs of the current designation.

Discounts

Respondent 09/07/13 I am e-mailing you in response to the article in the Burnley express (email) last week and the selective licencing in the Trinity area. Whilst I wholeheartedly support your efforts to improve any area and I am happy to shoulder some of the responsibility ie cost in order to achieve this, Landlords are being hammered with increasingly unfair costs and fees. I do not wish to pay more fees to be accredited. I see the accreditation system an insult to good hardworking, decent, honest Landlords. Yet again we are having to cow tow to the lower dominions.

We are not council accredited Landlords but we do take an enormous amount of care and pride in the quality of the homes we provide to tenants. We are very proactive in the maintenance of all our properties and any requests from Tenants are dealt with promptly or immediately if required. Due to the standard of the properties this does not often arise. We do not feel that being accredited Landlords would make any difference to the quality and care that we offer and feel yet again that due to the failings of others we are thrust in having to pay fees to suggest, that being accredited, we would be better Landlords. I feel insulted by this, and the fact that by not being accredited we somehow aren't good enough. We are told many times by our Tenants that we are great Landlords. You will not get rid of the rogue Landlords by forcing others to pay to falsely elevate them to 'Accredited' status and those who are not accredited are not bad Landlords.

This leads me onto a much bigger and unfairer problem for Landlords. Council Tax. I understand this has been brought about to discourage Landlords from purchasing properties as investments and leaving them empty for long periods. I agree

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entirely with this as empty properties are very unsightly, degenerate the area and are unpleasant for those living nearby, however for the above decent, honest Landlords offering quality housing the new council tax system is untenable.

This tax is levied on a Landlord when a house becomes unoccupied. This means the Landlord is not getting any rent at that time. The Landlord is still having to pay a mortgage, in most cases, the insurance etc and now expected to pay full council tax. This is grossly unfair. There is a reduction in tax for a single occupant but when no one is living there we (Landlords) are still having to pay the full amount. This is crippling for a lot of Landlords and should the mortgage rates increase may well put many Landlords out of business. Surely Landlords are needed to assist with social housing not penalised at every opportunity.

Again I would not wish to abdicate myself from any responsibility but would urge those in authority to reconsider this unfair levy and return to the much fairer previous system. A free period of six months which allows the property to be rejuvenated, advertised and re-let. Followed by a 50 percent reduction for the next 6 months in case of more substantial refurbishment work and then followed by full tax after 12 months.

I know this is not an issue dealt with by the licencing team, please would you forward this e-mail to the relevant department as I do not have an e-mail address for them.

BBC answer 25/07/13 Thank you for your response on the 9th July 2013 regarding the (email) Council’s proposals to declare a further designation of selective licensing in Trinity.

I will answer each of your points in turn.

Firstly, I would like to take this opportunity to clarify the differences between licensing and accreditation. The Council operates an accreditation scheme known as the Good Landlord and Agent Scheme, this scheme covers both landlords and agents. This scheme is voluntary, free to join, and is available to all landlords of the borough. The main objective is to work with landlords and agents to raise standards in the private rented sector. It is not to say that those landlords who do not join the scheme are bad landlords, or are in anyway not good enough to operate in the town. But through the promotion of accreditation to landlords, offering free training and advice, it is expected that this would raise the management standards of those landlords that join the scheme. Also as we inspect a percentage of property we are able to say that a landlords portfolio meets the homesure code of standards. A landlord can then promote this to tenants when

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Selective Licensing can be introduced by the Council where an area is showing signs of low housing demand and/or high or persistent levels of Antisocial behaviour linked to the private rented sector. Landlords with properties within that area must apply for a licence to operate the property and there is an application fee.

Selective Licensing is a tool used to address poor management of privately rented properties. The team is responsible for monitoring the designation and all issues that are reported such as ASB, property in disrepair, illegal activity are dealt with through the partnership working. The Selective Licensing team ensure that any issues that relate directly to how a property is being managed is tackled. One of the key areas that we have been involved in is tenant referencing, and advising landlords when know individuals are seeking to move into the area. These practices of referencing will take time to become embedded in some managers procedures. The constant monitoring of the designation highlights when these processes are not being followed by landlords.

Secondly, Selective Licensing only tackles occupied properties, as defined under the Housing Act 2004 a property can only be licensed if it is a rented property. We accept that the number of vacant properties has increased in the area. We are also aware of the impact that empty properties have within an area, and we are addressing these issues through the linked up scheme and the Clusters of Empty Homes Programme. The Clusters programme totals around £7 million and is set to bring approximately 175 empty homes back into use across three priority areas within the borough. Trinity is one of these priority areas. The Linked up

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scheme is the name chosen for the Pennine Lancashire Partnership that has been established to bring empty homes back into use as affordable housing under the management of Registered Providers. Through this partnership approximately 68 properties in Burnley will be brought back into use and it is anticipated that a number of these properties will be in the Trinity area.

The decision to increase the amount of council tax payable in respect of empty properties was taken by councillors at a meeting of the full council held on 21st December 2012 following a period of consultation. You may want to contact your local councillors if you wish to lobby for a reduction in the council tax that is payable for empty properties as this is a matter of council policy and is not a decision that was taken by officers.

Finally, I have attached a document that explains how we have arrived at the proposed fee structure for the proposed designation of Trinity.

I trust I have answered the questions that you raised.

Respondent 28/7/13 The issue is that I tried to complete the online survey regarding the licencing scheme prior to the deadline to find that it was already closed.

As the owner of a single house, the costs of licencing is crippling as the scheme assumes a portfolio, as indeed your office assumes (as per your email). Consequently, your colleague told me to contact you to get my opinion included on the report.

Without doubt, I have been prevented from investing further in Burnley by the scheme and I am a conscientious landlord.

I have tried hard to get this important opinion included in your report. I look forward to your assurance that it is included and that my voice has been heard.

BBC answer 18/9/13 From your email of the 28th July 2013, it was not clear that it was (email) your intention to make comments regarding the Council’s proposal to introduce a further licensing scheme in Trinity.

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I have made further enquiries regarding your emails, and the online survey system.

The deadline for the consultation was the 4th August, but there may have been an issue with the survey being unavailable on the 28th July 2013.

As your original email was received on the 28th July, and the end of the consultation was the 4th August, then we will include the comment that you have made below.

Respondent ????? What are the proposed licence conditions? (Questionnaire) BBC answer 23/07/13 I have attached a copy of the proposed licence conditions for your (email) information.

BURNLEY BOROUGH COUNCIL SELECTIVE LICENCE CONDITIONS

In these conditions, “Property” is meant to refer to the building or part of a building, which is licensed under Part 3 of the Housing Act 2004 (“the Act”). “Authority” is meant to refer to the Local Housing Authority, namely Burnley Borough Council.

Housing Act 2004 Prescribed Conditions 1. If gas is supplied to the Property, the Licence Holder must produce to the Authority annually for their inspection, a Gas Safety Certificate obtained in respect of the Property within the last twelve months. 2. i) The Licence Holder must keep electrical appliances and furniture provided by him in the Property in a safe condition; and ii) Must supply to the Authority on demand a declaration made by him as to the safety of such appliances and furniture. 3. The Licence Holder must i) Ensure that a working smoke alarm(s) (as per fire brigade recommendations) is installed in the Property and is kept in good condition and proper working order; and ii) Supply to the Authority on demand a declaration made by him as to the condition and positioning of such alarms. 4. The Licence Holder must provide each occupier of the Property with a written statement of the terms and conditions on which they occupy the Property (“the Tenancy Agreement”). The Licence Holder shall provide a copy of the Tenancy Agreement to the Authority on demand. The Licence Holder shall also ensure that the Tenancy Agreement:

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(i) complies with current legislation; and (ii) includes reference to the conduct of tenant, residents and visitors in respect of anti-social behaviour) 5. The Licence Holder must obtain references from all persons wishing to occupy the Property and provide a copy of the said references to the Authority on demand.

Conditions Relating to the Property 6. The Licence Holder must inform the Authority of any changes to the positioning or type of smoke alarm fitted in the Property.

7. The Licence Holder must ensure that the Property is free from serious hazards, and that all facilities and equipment supplied in the Property are fit for purpose and kept in repair and proper working order. 8. The Licence Holder must produce to the Authority a periodic electrical survey inspection report for the whole of the electrical installations within the Property in accordance with current IEE wiring regulations. Such a report should be provided by a suitably trained, experienced and competent person who must be a NICEIC or ECA member. The first such report must be supplied by the Licence Holder to the landlord licensing team of the Authority within the first 12 months of the licence period. 9. The Licence Holder must ensure, throughout the period of the licence, that the Property are covered by a valid periodic electrical survey inspection report. Where a report expires during the term of the licence, an up-to-date report must be provided to the landlord licensing team of the Authority within 28 days of the expiry date. 10. Should any remedial works be recommended on the periodic electrical survey report, the Licence Holder must ensure that all such works are completed no later than 12 months following the date of the report and must inform the licensing team of the Authority upon completion of such works. 11. If accommodation within the Property is provided on a furnished basis or includes electrical appliances, the Licence Holder must ensure that following the carrying out of a Portable Appliance Test (“PAT”), the appliances are clearly labelled with the date of the test and the date on which the next test is due. 12. The Licence Holder shall ensure that any furniture supplied at the start of a tenancy or licence is in a safe and good condition (in line with Furniture and Furnishing Regulations (Fire) (Safety) Regulations 1988) and maintained or replaced as far as is the Licence Holder’s responsibility throughout the tenancy (under the terms and conditions of the Tenancy Agreement). 13. Where the Property is let as furnished, the Licence Holder must ensure that there is adequate and relevant insurance cover

Page 32 of 69 or the appropriate means to replace the furniture provided as part of that tenancy, should it be damaged or stolen by persons other than the lawful occupier of the Property. 14. Where any works are to be carried out to the Property, the Licence Holder must ensure the appropriate consent from Building Control at Burnley Borough Council is obtained prior to works commencing, if the nature of the works requires it. 15. If the Property becomes a Property in Multiple Occupation, the Licence Holder must ensure that the Property is compliant with the Authority’s standards for Houses in Multiple Occupation and notification must be given to the Enforcement team of the nature of the accommodation being offered. 16. Access must be provided to a Technical Officer from the Authority to enable them to carry out an inspection of the Property on a mutually convenient date within the period of the licence. 17. The Licence Holder and/or manager must make regular visits to the Property of a frequency of not less than once per month to ensure that the Property is secure and has not been abandoned.

Management of the licensed Property 18. The Licence Holder must provide the occupiers of the Property, with details of the following: Name of the Licence Holder A contact address and daytime telephone number An emergency contact number.

This information must be supplied within 28 days of receipt of the licence document and must be clearly displayed in a prominent position within the Property. An emergency contact telephone number for the Licence Holder and/or Management Agency shall also be available and notified to the Authority if not already done so.

19. The Licence Holder must ensure that occupants of the Property receive written confirmation detailing the arrangements that have been put in place to deal with repair issues and emergencies should they arise. 20. The Licence Holder must ensure that all repairs to the Property or any installations, facilities or equipment within it, are to be carried out by competent and reputable persons and that they are completed to a reasonable standard. 21. The Licence Holder must provide each occupant of the Property with copies of user manuals for any installations or equipment provided as part of the agreement for the occupation of the Property. 22. The Licence Holder must display at all times it is in force, a

Page 33 of 69 copy of the licence certificate and licence conditions, in a prominent position inside the Property where all occupiers are able to view the said documents. 23. The Licence Holder must arrange to undertake a detailed inventory to be agreed with each occupant upon commencement of their occupation of the Property and kept on file by the Licence Holder at the Licence Holder’s business address. 24. The Licence Holder and/or Manager will not discriminate against prospective occupiers of the Property on the grounds of race, disability, gender, religion or sexual orientation. 25. The Licence Holder must act lawfully and reasonably in requiring any advanced payments from occupiers, in handling rents, in returning deposits and in making deductions from deposits. The Licence Holder must provide any occupiers or prospective occupier with the following information: The amount of rent payable The details of any deposit required Details of what the deposit covers, the deposit scheme it has been deposited into (within 14 days) and arrangements for return The frequency of payments The details of any utilities or other charges included in the rent The responsibility for payment of council tax The responsibility for payment of utilities and arranging provision of such.

26. The Licence Holder (and their agent where an agent has been appointed) must attend one Landlord Development Day during the period in which the licence is in force and must undertake any additional Property management training courses that the Authority from time to time require to be undertaken (save that if their duly appointed agent is accredited by the Authority, the Licence Holder shall not need to attend and the accredited agent may attend on the Licence Holders behalf).

27. The Licence Holder must inform the licensing team of the Authority within ten working days of any changes in their circumstances which would affect the management of the Property, namely;

1) Details of any unspent 1convictions not previously disclosed to the Authority that may be relevant to the Licence Holder and/or the Property manager and their fit and proper person status and in particular any such conviction in respect of any offence involving fraud, dishonesty, violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003;

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1 The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become ‘spent’, or ignored, after a ‘rehabilitation period’. A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex- offender is not normally obliged to mention the conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings.

2) Details of any finding by a court or tribunal against the Licence Holder and/or the Manager that he/she has practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origin, religion, sexual orientation or disability in, or in connection with, the carrying on of any business;

3) Details of any contravention on the part of the Licence Holder or Manager of any provision of any enactment relating to housing, public health, environmental health or landlord and tenant law which led to civil or criminal proceedings resulting in a judgment or finding being made against him/her;

4) Information about any property the Licence Holder or Manager owns or manages or has owned or managed which has been the subject of a control order under section 379 of the Housing Act 1985 in the five years preceding the date of the application; or any appropriate enforcement action described in section 5(2) of the Act;

5) Information about any property the Licence Holder or manager owns or manages or has owned or managed for which a local housing authority has refused to grant a licence under Part 2 or 3 of the Act, or has revoked a licence in consequence of the Licence Holder breaching the conditions of his/her licence;

6) Information about any property the Licence Holder or manager owns or manages or has owned or managed that has been the subject of an Interim or Final Management Order under the Housing Act 2004;

7) Advertising of the Property for sale;

8) Change in Managing Agent or the instruction of a Managing Agent;

9) The undertaking of any substantial works to the Property including conversions and modernisations.

28. The Licence Holder and/or their Manager are required to make no less than quarterly visits to the Property. In the event a payment of rent is missed, a visit must be made to the Property no later than one month from the date payment was due to ensure that the

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Property is secure and has not been abandoned.

29. The Licence Holder must ensure that any persons involved with the management of the Property are “fit and proper persons” for the purposes of the Act. 30. The Licence Holder must ensure that the water supply and drainage system serving the Property is kept clean and maintained in good repair and proper working order. 31. The Licence Holder must not unreasonably cause or permit the water supply or drainage system that is used by the occupiers of the Property to be interrupted. 32. The Licence Holder must not unreasonably cause or permit the gas or electricity supply that is used by the occupiers of the Property to be interrupted.

33. The Licence Holder must ensure that all common parts and fixtures at the Property are maintained and in a safe condition including (but not limited to) handrails, windows, stair coverings, fixtures, fittings and appliances. 34. The Licence Holder must upon request by the Authority during the period of the licence obtain and return to the Authority an Energy Performance Certificate for the licensed Property if a new tenancy has been or is created subsequent to 1st October 2008. 35. The Licence Holder must on demand complete and return to the Authority any correspondence from Burnley Borough Council or its partners regarding the closure of rear alleyways using gating in the vicinity of the Property. 36. Where there are alley gates installed to the rear of the licensed Property, the Licence Holder must: Take responsibility for holding a key for any alley gates, which are in place or installed; and At the time of letting, provide all new tenants with a key for the alley gates. Ensure that any tenant for the time being of the Property is aware of the requirements of the alley gating scheme.

Security 37. Where window locks are fitted, the Licence Holder must ensure that keys are provided to the relevant occupant. 38. Where previous occupants have not surrendered keys, the Licence Holder must arrange for a lock change to be undertaken, prior to new occupants moving in. 39. The Licence Holder will ensure the front and rear doors of the Property are secure and fitted with good quality locking systems.

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40. Where a burglar alarm is fitted to the Property, the Licence Holder will inform the occupant in writing as to how the code may be changed and in what circumstances they are allowed to do so.

Occupation 41. The Licence Holder shall ensure that the Property is not overcrowded and the occupancy level at the Property is in accordance with the criteria as determined by the Rent Officer (Housing Benefits Functions) Order 1997 Schedule 2, Size Criteria.

Environmental Management and Amenity of the Neighbourhood 42. The Licence Holder shall ensure that suitable and adequate provision for refuse storage and collection is made at the Property and that Burnley Borough Council’s arrangements for refuse collection including recycling are adhered to. This shall include the provision of closable bins of suitable capacity as specified by the said Council. Arrangements shall be made immediately for the proper collection and disposal of any rubbish additional to that within the bins and such rubbish shall be stored within the curtilage of the Property and at the rear if feasible. The Licence Holder shall ensure that all tenants are aware that all refuse containers are to be returned within the curtilage of the Property on the same day that they are emptied by the said Council. 43. The Licence Holder shall ensure that the exterior of the Property is maintained in a reasonable decorative order and in reasonable repair. 44. The Licence Holder must ensure that all outbuildings, yards, forecourts and gardens surrounding the Property are maintained, in reasonable repair and ensure that the tenant is aware of their responsibility to keep them in a clean, tidy and safe condition and free from infestations.

Preventing and Reducing Antisocial Behaviour 45. The Licence Holder must take all reasonable and practicable steps for preventing and dealing with antisocial behaviour. The Licence Holder and/or his manager must undertake an incremental process of investigation of any complaints which have been made either directly to them, or via the Authority, regarding their occupiers. For the purposes of these conditions, antisocial behaviour is taken to comprise behaviour by the occupants of the Property and/or their visitors, which causes a nuisance and/or harassment, alarm or distress to other occupants of the Property, to lawful visitors to the Property or to persons residing in or lawfully visiting the locality of the Property. 46. The Licence Holder is required to provide the Authority upon request the full names and dates of birth of each occupant of the

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Property. 47. The Licence Holder must ensure that the occupants of the Property are aware of the services available to them and how they can report nuisance and antisocial behaviour to the Authority. 48. The Licence Holder and/or their nominated agent must have the facilities to receive and respond to initial complaints about their occupiers’ behaviour. 49. The Licence Holder must provide free of charge an honest and accurate reference relating to existing or past tenants to other potential landlords.

Fees 50. The Licence Holder must ensure that any monies are paid in respect of the licensing fee including an annual monitoring fee to the Authority, in line with the Fee and Charging Structure.

Respondent ??????? With a lot of properties still empty in Trinity area I or we ask where (Questionnaire) has the licensing money gone? Baker Street, Piccadilly area to us requires clearing.

BBC answer 23/07/13 When fixing a fee for the application of a licence the Council can (email) take into account all costs incurred whilst carrying out the functions under Part 3 of the Housing Act 2004. These functions include: • Designating of the area; • Duration review and revocation of designations (inc. monitoring effectiveness against objectives); • Temporary Exemptions; • Processing applications for refusal or approval (inc Fit and Proper Person and satisfactory management arrangements); • Applying both mandatory and discretionary licence conditions; • Variation of licences; • Revocation of licences; • Appeals against decisions; • Dealing with offences in relation to licensing; • Other consequences of operating unlicensed houses (eg rent repayment orders, management orders, prosecutions).

As can be seen the cost of demolishing properties is not something that the licensing fee can pay fee.

We accept that the area suffers from vacant properties and there are areas with higher levels of vacants. We are also aware of the impact that empty properties have within an area, and we are addressing these issues through the linked up scheme and the Clusters of Empty Homes Programme. The Clusters programme

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totals around £7 million and is set to bring approximately 175 empty homes back into use across three priority areas within the borough. Trinity is one of these priority areas. The Linked up scheme is the name chosen for the Pennine Lancashire Partnership that has been established to bring empty homes back into use as affordable housing under the management of Registered Providers. Through this partnership approximately 68 properties in Burnley will be brought back into use and it is anticipated that a number of these properties will be in the Trinity area.

Respondent ??????? I am unsure whether the properties are inspected on a regular (Questionnaire) basis to ensure that they are maintained to a decent standard throughout the 5 year licence period.

BBC answer 25/07/13 At the beginning of the selective licencing scheme it was agreed (email) that all the properties be inspected during the designation. As the actual number of properties identified that are licensable are 33% higher than previously anticipated, this task has obviously increased. The function to inspect properties is not one of the functions covered by Part 3 of the Housing Act 2004 that relates to selective licensing. Therefore, the licensing fee does not cover the cost of carrying out these inspections. This has been a function that has been funded by the Council and has supported the licensing scheme.

It is anticipated that when a property is inspected and a landlord is made aware of the standards, that the landlord would continue to ensure that the property is free from any hazards that may put the occupants at risk of serious harm. Through the landlord development day training course the requirements are re-enforced as part of the training. Though our involvement with agencies in the area, and resident newsletters it also anticipated that if tenants do have any issues with disrepair, they are clearer on how to report the issues.

If disrepair is reported within the selective licensing area, we do adopt a less formal approach and try to work with the landlord.

It is felt that this approach should encourage landlords to maintain their properties to a decent standard.

Respondent ??????? Has the problem just moved elsewhere? (Questionnaire)

BBC answer 25/07/13 In tackling some of the anti-social behaviour cases there have (email) been a number of cases where landlords have taken action to evict a tenant and the tenant has moved outside of the selective licensing area. We haven’t identified a direct link to anti-social behaviour relocating to other areas of the Borough.

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Through the selective licensing designation and working with agencies such as the police, we have been able to monitor households that have displayed anti-social behaviour, through referencing we are attempting to ensure that landlords factor in an applicant’s ability to manage a tenancy when allocating a property. We have seen tenants trying to relocate within the Trinity area, when tenants have been faced with being refused properties because of previous behaviour we have seen changes in behaviour.

We are aware of a number of cases where a landlord has taken action and the tenant has relocated within the area, through monitoring on a number of occasions we have notified the landlord of the previous issues, met with them to explain the situation, and then monitored the situation. The licence holder will at that point have been notified of the licence conditions and the potential breach for the failure to reference.

Respondent ??????? How come charges have more than doubled since the first failed (Questionnaire) licensing attempt?

BBC answer 25/07/13 The fee structure that has been calculated for the proposed future designation for part of the Trinity ward as a Selective Licensing area is attached, together with a document that details the fee structure for the current designation.

As can be seen from these documents the overall proposed fee for a licence for the 5 year period for non-accredited landlords is lower than it is for the current designation. However, the proposed fee structure for a further designation does include as part of the proposal a lower discount for accredited landlords than that which is contained within the current fee structure.

Proposed Fee and Charging Structure for the Implementation of Selective Licensing Introduction 1. Part 3 of the Housing Act 2004 outlines that the Authority may require the application to be accompanied by a fee fixed by the authority.

2. The Authority is not permitted to make a profit from the introduction of selective licensing programme and any surplus must be ring-fenced for use on the scheme. The fees should, however, take account of all costs incurred in carrying out all duties under this part of the Act.

3. The Council has approved the new proposed fee, for the implementation of Selective Licensing in Trinity.

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Role of charging structure 4. The purpose of this document is to establish a transparent charging policy.

5. The fees have been reviewed in line with the above recommendation; this has considered the revised staffing structure for the proposed designation of the Trinity area, and that there will be a renewal application.

6. Applications will be charged the full amount to accompany the application form. At the Council’s discretion a payment plan or direct debit may be established to agree to payments to be made over an agreed period of time.

Reduced Fees 7. Applications for licences in the last six months of the designation will be eligible for a reduced fee of 50%, this is where properties have not been licensable prior to the 6 month deadline.

8. Applications for a property during the designation will be based on the agreed fee structure.

9. Applications resulting from a change in ownership of a licensed property will be charged the full standard fee.

Fee Reimbursements 10. Applications will be charged the full amount to accompany the application form. At the Council’s discretion a payment plan may be established to agree to payments to be made over an agreed period of time any such plan/agreement can only be repaid by direct debit.

11. Where a licence is refused or revoked, the applicant or licence holder will not be entitled to any refund of fees and will still be required to pay any outstanding charges linked to the application.

Fee Amounts 12. The structure is based on: a) The staff time taken to process the application; b) The costs of delivering the designation, including staffing, on costs, and internal recharges.

Fee Discounts An accredited landlord will be entitled to a 15% discount, a landlord must be accredited at the time of the Council’s decision to make a designation.

Payment Methods 13. Payment in full should be made with the application

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14. Where the applicant experiences difficulty in paying the full amount, a payment plan may be agreed, enabling the full amounts to be paid in instalments, at the Council’s discretion any such plan/agreement can only be repaid by direct debit.

Proposed fee Renewal Application for an existing Trinity landlord Renewal Application Fee : £815.00 Renewal Additional property £759.00 Fee : New Application for a new Trinity landlord New Application Fee : £875.00 New Application Additional £793.00 Property Fee : Discount for Accredited landlords is 15%

Fees for Selective Licensing of Landlords in Trinity Ward

Application Fee: £447 (25% reduction for accredited landlords)

Additional Property Fee: £179 (25% reduction for accredited landlords)

Annual Monitoring Fee: £111 per property per year (Accredited landlords do not pay this)

Examples:

A non-accredited landlord with 1 property:

£558 due on application (application fee plus first year monitoring fee)

£111 annual monitoring fee to be paid in years 2, 3, 4 and 5

An Accredited landlord with 1 property:

£335 due on application (application fee with the 25% discount)

A non-accredited landlord with 2 properties:

£848 due on application (application fee plus additional property fee plus first year monitoring fee)

£222 annual monitoring fee to be paid in years 2, 3, 4 and 5

An accredited landlord with 2 properties:

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£470 due on application (application fee with the 25% discount plus additional property fee with the 25% reduction)

A non-accredited landlord with 3 properties:

£1,138 due on application (application fee plus two additional property fees plus first year monitoring fee)

£333 annual monitoring fee to be paid in years 2, 3, 4 and 5

An Accredited Landlord with 3 properties:

£604 due on application (application fee with the 25% discount plus two additional property fees with the 25% reduction)

To benefit for the accreditation discount, the applicant of the licence must have been accredited in July 2008. This was to provide a benefit to accredited landlords with properties in the Licensing area. Landlords accredited since July 2008 are required to pay the full fee.

To work out exactly what your licence fee will be, please log on to the website www.burnley.gov.uk/landlords and click on the Fee Ready Reckoner.

Respondent ??????? Why are we paying fees to the Council, it is a money making (Questionnaire) scheme for the Council, I have had same tenant for 5 years and never had any problems. Tenants pay Council Tax, well you have no other need to interfere, stop ripping off landlords to fill your own pockets. If I could I would sell my house to get out of getting ripped off… We would like to know how many have not paid?

BBC answer 26/07/13 There are 601 active properties identified as requiring a licence. 542 are licensed and have paid the fee, or made arrangements to pay the fee. 21 have on going applications, 38 are being dealt with as either refused applications or prosecutions. It is these 38 where full fees have not been received.

Respondent ??????? As a member on the board I recommend that landlords visit the (Questionnaire) properties more and, Selective Licensing do the same.

BBC answer 26/9/13 It is our intention to inspect a property of each landlord by the end (email) of the designation. At the end of year 4 326 (57%) properties had been inspected. Respondent ??????? People and areas are getting better respect because of licensing. (Questionnaire) Why take it away? It is only handful of bad tenants spoiling areas.

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BBC answer 26/9/13 A Selective Licensing area can last a maximum of 5 years. As the (email) current scheme is due to end in October this year the Council needs to consider whether a further licensing area is required The questionnaire is part of the consultation we have a process to follow, it is not decided at this stage the future of licensing Respondent ????? I only agree if there is to be significant improvement. It is just not (Questionnaire) good enough that the area has got how it has got. These types of houses are not in demand (Herbert Street), (Pritchard Street) & (Grange Street). Why invest efforts to improve tenancy agreements and landlords? Compulsary purchase is required to regenerate the area

BBC answer 26/9/13 The Council does not have the resources to demolish properties (email) on Herbert, Pritchard and Grange Street. In order to address the problems of vacant properties the Council does have funding available to tackle empty properties in these streets. The work of selective licensing will support this regeneration through ensuring the properties are properly managed. The work of monitoring tenancies is important to ensure that landlords manage tenancies to reduce any anti-social behaviour in the area. Respondent ????? More needs to be done on both landlords and tenants and drug (Questionnaire) pushers Burnley council just allocating anybody and every drug addict to the area, when you make a complaint to any one the only answer you get is we are aware of it but still nothing is done and it has been like this for years now Piccadilly is a real disgrace now to what it was fifteen years ago . Regards very disgruntled resident ,

BBC answer 26/9/13 Burnley Council do not allocate properties to tenants, it is the (email) responsibility of a private landlord to ensure that they have thoroughly referenced a tenant. This is also a mandatory condition of the licence that landlords must reference check new tenants. The team actively monitors that landlords are reference checking tenants. Respondent ???? Stop alchol and drug abusers, stop bringing ex prisoners into the (Questionnaire) area in volume. Enforce your licensing rules. BBC answer 26/9/13 Burnley Council do not allocate properties to tenants, the Council (email) is not bringing ex –prisoners in to the area. It is the responsibility of a private landlord to ensure that they have thoroughly referenced a tenant. This is also a mandatory condition of the licence that landlords must reference check new tenants. The team actively monitors that landlords are reference checking tenants.

The Council will work with landlords where they do rehouse ex- offenders to ensure that the necessary support packages are in place to manage the tenants.

Respondent ???? Concerned that unless Selective Licencing is pro-actively enforced

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(Questionnaire it can have the opposite affect to what is intended eg tenants know it is not worth the paperit is printed on. I agree with question 8, but I do not agree that it should be any way funded by landlords. Landlords should not have to pay extra on top of the council tax. It is not fair that landlords have to pay for this licensing. All landlords in Burnley should be treated equally and fairly.

BBC answer 26/9/13 When the Council introduced selective licensing it made the (email) decision that the scheme should be 100% funded by a licence fee. This fee is paid by the applicant for the licence which is normally the landlord.

Respondent ???? I would also like to take this opportunity to complain about how (Questionnaire) husband and wife couples have to register separately. During a court proceedings, the solicitor for the council confirmed that it did not need separate licenses as in our case. This directly contradicts Michelle Hall’s understanding of the Act.

BBC answer 25/9/13 We have sought a legal opinion on the matter of properties being (email) owned by husband and wife.

Where two properties have been owned by a husband and wife and land registry has had Mr Smith as leasehold for one and Mrs Smith for the other, we have taken the view that they are owned by separate interests and should be separate applications, and not as an additional property. The only exception to this is where there is a deed of trust in place between both parties. On account that these two parties will have clearly agreed that they jointly own the properties, despite the land registry details only recording one name, the Council’s decision would be to then treat these cases as joint ownership.

Where one property was owner by ‘Mr’ and one owned by ‘Mr and Mrs’ – we have treated this as an additional property given that there was an owner in common.

This approach is one that has been followed consistently during the 5 year designation.

I have also spoken with the Council’s legal representative who attended the court at the time of the hearing and her notes do not indicate that the applications being requested were incorrect.

Respondent ???? The questions not asked are – Has selective Licensing had a (Questionnaire) positive impact on the area and has it been value for money – In my opinion its not worth £500k!

BBC answer 25/9/13 The selective licensing designation has been monitored over the 5

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(email) years, and the annual report for the end of year 4 highlights that have been some positive changes in the area, most importantly the significant reduction in anti-social behaviour.

As the scheme comes to an end the final report will be produced that will consider the overall impact that selective licensing has had on the area, and the total costs for operating the scheme. The document for the proposal for the further designation does highlight that there have been improvements made in the area but that there are further improvements that can be made through continuing with selective licensing.

As can be seen in the annual report for year 4, the highest costs for the scheme has been the staffing costs, the scheme does require a significant level of staff resource in order to prepare, approve and issue the licences. In addition to these functions there has been a significant amount of time spent to monitor the area, meet with landlords, take the necessary actions for breaches of conditions, prosecutions for the failure to licence, make management orders etc. Through carrying out these tasks we have been able to use the tools available, which are resulting in improvements in the management of properties in the area.

Respondent ???? Can Burnley Council provide tangible evidence of improvements in (questionnaire) all the KPI’s detailed in the original criteria for implementing selective licensing 5 years ago?

BBC answer 25/9/13 The selective licensing area has been monitored for the (email) performance against the agreed targets set for the scheme. The annual report for year 4 provides the detail of the progress made. I have attached a copy for your information.

Respondent ???? I have recently received a Council Tax bill for XXXXX dated from (Questionnaire) the tenant’s unannounced departure in April, even though she didn’t officially acknowledge that she had left until this month. I inquired via email 2 weeks ago about it being her responsibility to pay until this month, and my query has yet to acknowledged.

I have spent some time relating my own experience here, and I would therefore appreciate a direct response to my concerns.

BBC answer 25/9/13 I have contacted our Council tax department and they have (email) confirmed that they received your email on 10th June which was responded to on 28th June.

In relation to the problems with properties on Ellis Street, we are aware that the block has suffered from problems of theft and vacant properties. However, we are now aware that one property is currently being renovated and another has recently changed

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ownership. This should result in 2 of the properties being brought back into use which should significantly improve the appearance of the block.

We are seeing a number of properties that are in close proximity to Ellis Street that have also recently been refurbished, this should have a knock on effect to further stabilise Ellis Street. Through the work we do on tenant referencing we are seeing that landlords are attracting tenants who look after their property and do not cause problems of anti-social behaviour. It is this joint work and monitoring by the licensing team that can assist in improving the area of Trinity. Respondent ???? “.. why should the landlords be burdened with baby sitting duties. (Questionnaire) We would not buy to let in a licensed area. Our properties are acquired through forfeiture. Also why would we need to go through CRB checks etc, it is like a reverse snoopers charter.

BBC answer 25/9/13 Landlords have a responsibility to ensure that properties are (email) properly managed and that tenants adhere to the conditions of their tenancy. The area has suffered from high levels of anti-social behaviour (ASB) linked to private rented properties. Licensing requires landlords to visit properties quarterly in order to identify if there are any issues, and to also deal with anti social behaviour promptly.

The selective licensing team has been involved in tackling ASB cases with the police and ASB officer, this has involved meets with landlords to ensure that landlords are managing the tenancy appropriately and tacking any necessary action. We have seen a reduction in ASB during the 5 year designation, and the police outline that our partnership working is vital to tackling these types of issues.

The licensing application process requires the Council to assess the licence holder against the fit and proper person criteria. A Disclosure Scotland is requested in order to identify whether the person has been convicted of any relevant offences in determining whether the person is fit and proper.

Respondent 1/8/13 Mr X is very busy with his own business, he has one property Telephone which has been refurbished and managed by (a local letting response agent). His tenants are really good and help neighbours and Mr X feels his tenants are well looked after. The fee is adding cost and a layer of complication to him renting out a property and if its to continue for another five years, he fears that he may have to sell this and another potential rental property which belongs to his partner. (the second house is not in Trinity) The proposed fee of almost £900 will take a third of his income

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after letting agents fee and insurance fees. Do I need to attend the Development Day? Do I need a managing agent? The proposed fee should be broken down over five years and not payable immediately, it is good business practice that there is a contract in place so that landlords pay over the length of the proposed designation in case the property is sold.

BBC answer 1/8/13 I explained why Selective Licensing was originally introduced and explained that the consultation was in progress and his comments and questions would be passed on to be included in the exec report. If Mr x cannot attend a development day he must have his property managed by an accredited agent or complete online. A list of accredited agents will be emailed. A managing agent is required if a landlord lives further than 40 miles away. Re the fee I explained the proposed fee was a one off fee and it may be that Landlords can pay in instalments/direct debit, it will be considered at a later date if it was to go ahead. I explained that once the consultation is ended that all questions, comments raised and queries would be considered by the exec to help them decide whether to rolling out a new designation . I said the comment highlighted above which Mr x raised would be included in the report for the exec.

Landlord Consultation Event Held at Mechanics Theatre - 5.30 pm on Wednesday 5th June 2013

Present: Mike Cook Director of Economic Regeneration Paul Gatrell Head of Service for Housing and Development Control Michelle Hall Project Officer, Selective Licensing Coun Howard Baker Executive Member for Housing and Enjvironment Gillian Crawford Project Assistant – Note taker Mark Hogg Landlord and Agent

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Sandra Clegg Landlord Bob Clegg Landlord Nissa Scott Landlord and Agent Ivan Scott Landlord and Agent Vanessa Robinson Landlord and Agent

Mike Cook opened the meeting and introduced himself and each Council Officer explaining what the officers roles were.

Mike explained that a proposal had been put together for selective licensing and consultation had begun comprising of questionnaires being sent out to each resident and business of Trinity. Questionnaires had also been sent via email and the post to Landlords. Consultation events had been arranged for residents, landlords and agents. The findings will be presented to the Councils Executive Committee in September.

Mike asked each landlord how many properties they owned in the Selective Licensing Area. Each Landlord present informed the meeting on the number of properties they owned and managed.

Paul Gatrell explained about the role of Selective Licensing, the reasons why it was introduced, the statistics and evidence that are considered and the reasons why the proposal for another designation had been put forward. Paul explained this was due to low property value and low demand. He explained that Selective Licensing wasn’t carried out in isolation and progress had been made with the 7m Empty Homes Programme that was tackling vacant properties. Through this programme loans were offered to Landlords which were intended to help bring empty homes back into use.

Vanessa Robinson stated that if Selective Licensing was working there shouldn’t be any properties which are not up to the expected standard and if after 5 years there still are we have failed.

Mike’s response We were one of the first schemes nationally

Vanessa explained that East Lancashire Landlords Association (ELLA) had challenged Selective Licensing in the beginning and meetings had been held in Manchester. Vanessa felt it was a waste of time challenging it.

Mike’s response It was a good dialogue and the Private Rented Sector in Burnley is valued. In Burnley there are negative pictures painted but it was recognised that Landlords are business people who do run good businesses. In 2008 prior to the recession, because of worklessness, turnover of properties, residents leaving in droves, vacant property and a community which had become de stabilised, a power was introduced to regulate standards through selective licensing with a number of indicators which had to be met.

Lessons had been learnt and progress had been made, however we had been naïve in thinking it could be changed in five years. There was a danger that if the area wasn’t to have a designation in place that all progress made to date would be jeopardised and slip backwards.

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Mike understood about Landlords not wanting to pay.

Vanessa responded Looking at the fees it is not encouraging people to become accredited and expressed how she was amazed by the fee for accredited landlords and asked how many accredited landlords there were

Michelle Hall responded There are 150 in the Borough of which 40 were in the Trinity area.

Vanessa asked if people had dropped off?

Michelle responded They had and some had not renewed their accreditation even though the application process had been simplified and forms had been sent out.

Vanessa felt accreditation was intrusive and a landlord who had contacted her wouldn’t buy property because he didn’t want to appear on a register. There was a fear factor.

Mark Hogg felt that landlords didn’t want to be penalised by having the inspections done that then resulted in having to spend more money. He felt Landlords didn’t feel there were any incentives.

Vanessa said she was incensed by the lack of discount for accredited landlords and agents.

Mark asked whether the Licensing team were aware of every property in the area that was required to be licensed.

Michelle responded An exercise has been carried out checking records and land registry information to ensure that any properties in the area that were required to be licensed but were not currently licensed were identified.

Empty properties were discussed and questions asked about long term vacants and the effect on decent neighbouring properties. The vacant property cluster programme and the 150% Council Tax charge on empty properties were discussed.

Vanessa felt more pro-action was required than reaction. 60% properties have been inspected Vanessa felt there should have been 90%.

Mike explained about the Cluster programme and the aims of the project and the criminals who have targeted empty properties stealing boilers and vandalising properties.

Terraced housing was discussed and it was felt there would always be a market, a lot of people were happy to live in a two bed property and didn’t want gardens.

Mike asked if the landlords present had stable tenancies in the area?

All landlords said they were fortunate to have long term tenants however they lived in fear of losing them and having vacant properties.

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Tenant referencing was discussed and Landlords felt that it was useful that the team could help. A lot of landlords were contacting the team if they were not sure about prospective tenants.

Michelle explained that tenants do change behaviour if Landlords give tenants who have caused problems at other addresses a chance. Vanessa explained about a recent situation she had with a reference where she approached the Selective Licensing Team and said that now landlords were giving honest references, tenants face rejection and move onto another area and feels referencing works.

Michelle explained that all Landlords details were contained in a public register. Charging for references was discussed and Michelle explained that as a result of the Private Rented Sector Forum highlighting the issue it has now been built into the Licensing Conditions that Landlords should not charge.

Vanessa sees the Selective Licensing Team as the Hub and Michelle thought that Landlords could use the team more if they have issues and problems that could be referred to other agencies.

Vanessa had frustrations about of how long it takes the Council to do things and that this needs to improve. If the Council were a private company they would be more efficient.

Mike responded that delays which occur may be due to legal frameworks we have to be adhere to.

Vanessa explained that ELLA were holding a meeting and would ask the landlords to attend the next consultation event

Mike explained the questions raised would be answered and fed back to the Executive Committee

Summary of Questions asked Question: Vanessa Robinson asked about the number of landlords that were accredited in the Borough Question: Vanessa Robinson asked if we could look at the fee Question: Mark Hogg asked if the licensing team were aware of every rented property in the area Question: Mark Hogg asked why the money wasn’t used to check unacceptable standards in properties and take action Question: Bob Clegg asked about empty properties on either side of decent rented properties and also those that had been empty since before the designation began Question: Vanessa Robinson asked about the fee and asked about accredited discounts Question: Mark Hogg asked what the Council could do about tenants who run up rent arrears and move from one property to another. He asked whether the info could be released and tenants name and shamed Question: Mark Hogg asked about how many landlords there are in Trinity Question: Vanessa Robinson asked why the fees have increased Question: Vanessa Robinson asked how many attended the resident’s consultation and what were their thoughts on the area

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There was also a general feeling and concern raised by landlords whom felt that good landlords were paying for bad landlords

Mike thanked everybody attending for their time.

Notes from Consultation Event for Landlords and Agents Wednesday 3rd July 2013

Present Mike Cook (MC) Director of Economic Regeneration Paul Gatrell (PG) Head of Housing and Development Control Michelle Hall (MH) Project Officer, Selective Licensing Gillian Crawford Project Assistant, Selective Licensing

Landlords, Agents and Landlords Organisations Mrs Sheena Townrow Mr John Bailey MrSteven Townrow Mrs Hodge Mr Bob Hale Mrs Vanessa Robinson Mr Kutereba Mr Chris Town Mrs Kutereba Coun Liz Monk Mr Michael Green Coun Howard Baker Mr Martin Green Mr Derek Pilling Mr Martin Gallagher Mr Graham Mews Mr Osman Ali Mr Shahid Yousaf Representative from Kes Mr Steven Cheetham Mr Ellis Mr Luke Robinson Mary Brooks Mr Richard Ashton Colleague/friend of Mary Brooks Mr Julian Leese Andrew Senior Mr Bill Swift Mrs Tracie Maude Mr Robert Frost Mr Maude Mr Andrew Ogden Mrs Collette Bailey

Mike Cook introduced himself, Paul Gatrell and Michelle Hall. Mike explained the meeting was being held to consult with Landlords to put forward a proposal to reintroduce Selective Licensing for the Trinity area of Burnley. Mike informed all present that they would have the opportunity to ask questions and get answers, but asked for it to be orderly.

Mike explained that consultation is part of a legal process contained within the 2004 Housing Act. Landlords and Residents are consulted with and the results of the consultation will be brought together and presented to the Council Executive in late August/Early September. All information from the consultation and meetings held will be fed back to the executive.

Mike explained that the private rented sector was crucial to Burnley and that 40% of Burnley properties were in the private rented sector. He emphasised that Landlords are valued and he understands there are problems in Burnley with a range of issues and that areas are not changed overnight. He explained that we are not there yet and stabilising Trinity with a programme of licensing has improved the area but we need to see further improvements. The

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Council’s Executive has asked us to consult on the proposal. Mike then explained the consultation process and the decision making process and that it was a legal requirement that it was undertaken.

Question asked Are our exec in favour of renewing? Response (MC): They can see the benefit of Licensing but not sure if it has met all expectations.

A concern is how can you represent us as landlords if consensus as landlords we don’t want to do it. Gillian Crawford was introduced as note taker and Mike said Response (MC): we are professional officers of the Council we will summarise what has been said

How on earth can you be impartial? Response (MC): we had not made our minds up, no decisions made and we will reflect your views

Will Landlords have a chance to look at the report before it goes to the exec committee? Response (MC): It is a public report and will be published on the website before the executive meet. Landlords can request the right to speak if they contact the Council prior to the meeting.

Why Trinity again, are there not other areas in Burnley? Is it not better than other areas, why run it again we will have had ten years of it?

Response (MC): We could stop now or reintroduce and stabilise the area

Response by Vanessa Robinson As a member of the Private Rented Sector Forum and a representative of Ella I’m saying if Selective Licensing is agreed, the Council will look at other areas such as Queensgate, Leyland Road area, Gannow and the cluster areas

MC continued to respond: What Vanessa has speculated is not going to happen today or tomorrow only if the executive decides in the future.

Why Trinity? Response (MC) There is low demand for housing and there are community safety and environmental issues such as anti-social behaviour, the exec have to have evidence, there is a need for it and it’s a legal process which we have to follow.

Will it say in the report what has worked and what hasn’t? Response (MC): Mike confirmed the executive will want to know everything about the scheme

What do we get for the monitoring fee? The landlord answered the question stating Nothing before a response could be given and the next question was asked

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Why are the nicer streets such as Netherby and Prestwich included in the area?

Response (PG) Paul said it was a fair question and agreed there were areas with more vacants however the area we are looking at is the same area, we look at it as an area not an island.

Coun Baker Responded Evidence will be gathered and will be looked at, that is what consultation is

Response (MC) Areas change month by month, people can leave an area which results in low demand and people don’t want to live there

How do you think facelifting Westmorland St has improved the area, lots of money has gone in, nothing has changed and licensing fees have paid for facelifting

Response (MC) It stabilised the area but didn’t stop problems and emphasised no money from licensing fees have gone into face-lifting. Facelifting aims weren’t solving problems just improving the image of an area.

Facelifting improves the streets, will it be rolled out further, is it Council funding? Do you get any funding?

Response (MC) Public money is no longer available; I don’t think this would change even if there was a change at Westminster. There’s no money anymore

Is compulsory purchase on the agenda?

Response (MC) There are currently four active compulsory purchase orders, there has been a public enquiry which we are awaiting the results of then the boarded up problems will be gone.

Look at the state of Herbert St, there are boarded up properties, rats everywhere, rubbish everywhere?

Response (MC) We are not pretending it’s all okay. Licensing is about residents and landlords, equally about all parties, Landlords, Residents, Tenants and standards. Facelifting and CPO’s are a different thing. Licensing is about standards and functions and is not the only tool, the empty homes programme, clearance and private sector investments are other tools and functions

I have lived in Netherby Street for twenty years and rented my property out for the first time last year. It’s no different on the street, it’s nice. I know Prestwich St has landlords who don’t treat their tenants properly. You are penalising good people and we are paying for bad people when our tenants are looked after

Response (PG)

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The point of the proposal is it consolidates the private rented property in the area, we will make a note. Rationale is that it is looked at reasonably

I have a slightly different view I have no interest, I sell and manage property and take people to the area who want to invest £20000 rather than £35000. The yield will be higher but there is greater risk and landlords are prepared for greater risk of being vandalised. The area is boarded up because Landlords are protecting their investments, struggle to get tenants because people don’t want to live there because it’s boarded up and have to pay £800 for the privilege. It’s a high risk area there needs a monitoring exercise. I’ve seen five people moving wheelie bins around with scrap metal, there are drug dealers and police don’t give a monkeys and Landlords are investing their money in that area .

Response, MC asked the following (MC)

Can I ask a question is there anyone in the room who is in favour of licensing?

No person put their hand up or said they were in favour.

However comments made to the question:- One good thing is an independent view is given on a prospective tenant to which another landlord stated the Good Tenant Scheme was scrapped when that worked perfectly

You skilfully haven’t answered my question We Hate it!! , it’s a terrible idea, and emphasised when he asked

Is it possible that even though all the Landlords hate it you are still going to recommend it?

Mike didn’t get chance to respond as another landlord stated that:-

He had a constructive conversation with a Council Officer that morning due to him suspecting his property was not heated properly. I had shown the officer some derelict properties which were dangerous and had full back yards and asked what could be done. The officer had said there was nothing that could be done, the properties have been abandoned and dangerous and Landlords are expected to pay £1000 and maintain their properties inside and out.

Another Landlord stated before a response could be made Pendle Borough Council bid for 7 million pound why haven’t you?

Response (MC) What was reported wasn’t absolutely true and explained all authorities had bid for the Cluster programme two years ago which Burnley had received funding for the empty property initiative. A former Housing minister Grant Schapps did not like demolition and appointed the restoration man to find a way of bringing properties back into use.

Steve Cheetham said you still haven’t answered my question

Response (MC)

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Politicians make all the decisions we put forward a proposal and during consultation we hear both sides and engage in discussions and then present it to the executive. You have my absolute assurance you will see what we have said and impartial advice.

Is it possible that you could?

Response (MC) Yes it is possible I could suggest but it’s equally possible that on the basis of what we have heard – we don’t. . We are minded to go out to consultation and will listen to what you say.

It doesn’t matter what is recommended to a politician they are not forced to listen they will do what they want

No value we pay money and see nothing for it. We pay the agent. It is a rip off how can it improve the area. What can improve an area is demolition which will visually improve it.

Response (MC) If I was talking to a different audience such as residents they have a radical view to demolition. Members are faced with taking decisions that aren’t popular and Howard and his colleagues will exercise a decision

Representatives from the Residential Landlords Association (RLA) introduced themselves as Richard Ashton and Chris Town the Chairman and vice chairman of the RLA it is a pre-determined decision. I’ve worked on Local government and these are doing politicians dirty work. It’s pre-determined and a tick box exercise. Selective Licensing is a form of intensive care. Salford renewed their scheme and lost £250,000. Burnley say licensing has worked so why renew? It’s a way of keeping officers from being made redundant. How many Landlords have been prosecuted? Council has to show there is a plan for inward investment. What is the point of Selective Licensing? The RLA Response will be public and there is a contradiction here, Burnley are saying there is low demand however they are saying they can fill houses. If you have empty properties they incur 150% Council Tax. Landlords are being shafted. Bournemouth are the only authority who introduced Selective Licensing then didn’t go ahead, they went with Accreditation

Would you live in the Trinity Area?

Response to RLA (MC)

It’s about the Landlord and control, who owns properties and who is in that house. I have worked in Burnley a long time; this is not about anything being pre-determined.

I have never been accused of doing a politicians dirty work. I do not agree with that statement and I am saying on behalf of Burnley Borough Council, we are listening to you! I hope I have conveyed how a decision will be made. The ~Questions on prosecutions will be answered by Michelle Hall.

Can I ask if the RLA are opposed to Selective Licensing? (MC asked)

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RLA response Yes we don’t agree with Selective Licensing.

The same Landlord who interrupted prior to Mike responding to the RLA

You still haven’t answered my question would you live in Trinity?

Response (MC) No, I wouldn’t live in that area

I do not have problems finding tenants conforming to the conditions, you can solve demand but you are not getting decent tenants and run the risk of failing conditions.

Response by MH 14 prosecutions had been carried out for failing to apply for a licence and 1 prosecution for breach of licensing condition.

Response by RLA Only 14 prosecutions and 1 for breach over five years

Response by MH Rather than prosecute a landlord the team would rather work with Landlords to sort out the issues.

Response to MH by RLA 1 million pound and 1 prosecution?

Response (MH) Improving standards of management and working with the private sector is preferred

RLA We did an audit and there are 100 pieces of legislation and 400 regulations that Landlords must comply with. There is the power and authorities can use it there is no need for Selective Licensing. You have failed only 40% of inspections and 1 prosecution.

MC asked Would the RLA be happy with more prosecutions?

There was no response

Streetscene are prosecuting and chasing landlords and not tenants when a dirty back yard is discovered. Response by MH At the Private Rented Sector Forum today Streetscene said they do take action against the tenant. Response by VR It is a landlord’s responsibility when the property is vacant that Streetscene would write to the landlord.

There was a report on the RLA website regarding a House of Commons briefing paper that states that a Landlord is not responsible for their tenant’s behaviour.

Response by Coun Baker

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As a landlord you have a responsibility and all tenancy agreements there is a clause re ASB and they could be in breach and get rid of them

RLA Response You cannot get rid of them you cannot evict anyone for ASB outside of fixed term.

RLA asked what powers have you got as a result of Selective Licensing?

Response by MH Landlords had their licence refused resulting in an appeal at the Residential Property Tribunal If there is no possibility of a suitable licence holder then management orders can be made. Michelle gave a brief background of four management orders which have been made. Landlords have sold up because they know they will not meet the fit and proper criteria. Michelle emphasised again that we do want to work with Landlords and ensure tenants are safe in their homes. A lot of landlords have been assisted and we have worked with them.

Why have you got rid of the Good Tenants Scheme?

Response by MC This was an externally funded project, funding ended.

I would rather pay £600 or £700 and put it in a pot to fund another scheme

Response by MH Landlords must contact the team if they need help with referencing and we can contact agencies.

Is this offered across the Borough? Response by MH No licensing funds my salary and I only work in Trinity

I can see both sides and there have been valid points raised and I want to know if you are only looking at licensing of Trinity. Areas which worry me are Leyland Road and seem equal or if not worse than Trinity. Selective Licensing may have pushed the tenants down to Leyland Road. There are 300 students looking for accommodation and 10,000 people enter that area to go to football. Can you manage two areas and I recommend that inner Burnley should be licensed. We will achieve more with the money in other areas and I suggest you find priority areas. I think you have done a great job in Trinity but need to prioritise areas rather than get a marginal area.

Response by MC We need to evidence where crime is in other areas

It would be easier if we have licensing across the town and there would be a bigger budget and there would be less to pay and other areas aren’t paying it all.

The Council is frightened to take on the whole Borough and are using the Landlords of Trinity as a kicking board. There isn’t any Anti-Social Behaviour in Trinity but areas such as Pine St and Leyland Road are much worse and we are being used as whipping boys

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Mike Cook asked the Landlords to summarise in one sentence what they want

 Cast the net wider  More Value for money and room for improvement  £500,000 officers have been paid  Property prices are the problem  Reduce the problem and cast the net wider  If it goes Borough wide I’m off to Pendle they do not embrace Licensing. I’ve had two properties for one year and look after tenants and properties  I’ve had a poor experience recently getting overcharged on invoices and passed around to different departments. The Council don’t know what they are doing and I pay their wages. I pay tax, I pay an Accountant and I’m paying a tax to you  Not one single Selective Licensing scheme has been successful they have been introduced because of Government Cuts no such thing as a renewal of a scheme it’s a new scheme, it’s a tax on Landlords and tenants.  Would you outsource it?  Scrap it , them two are brilliant get them working in benefits  What decision are you going to make and what are you going to report  Many of the ideas are on their way. I’ve gone on the dark side I was against it in the first three or four years as an agent. I haven’t made my mind up  You should be very careful there’s a pecuniary interest here – to which Mike Cook responded Howard is not going to be making a decision  If it is truly balanced go to Leeds and Manchester and ask why their schemes have been abandoned – MC responsed and asked if it would be true to say that their organisation (the RLA) are opposed to Licensing. Our website explains and we lobby for Landlords. We will submit a response as part of the consultation. Good Landlords pay for bad landlords I favour a two sided approach and Landlords should sign up for national accreditation so that those who won’t comply could be dealt with Mike again asked so just so we are clear your organisation have never actively supported Selective Licensing to which the RLA responded – we don’t, Mike said Selective Licensing Improves landlords, we raise standards to which the RLA responded It’s a tax , if it worked we would support it  Accreditation is a good scheme  Too damned dear and want value for money  If Selective licensing is to be continued why should landlords have to pay again. What is the new fee why do we start again? – Response by MH it’s a new scheme and we have to reissue all the licences again

Mike closed the meeting and thanked everybody for attending, he said it was the second consultation event and was a good discussion, very useful for you to advise us and re- confirmed it is a public open exercise and documents and reports would be on the website prior to the Executive meeting and if Landlords wanted to attend they must inform the Town Hall that they wish to attend.

Burnley Private Rented Sector Forum – 3rd July 2013 Questions and Answers

Respondent Person 1 expressed the view that the crime statistics put

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(BPRSF) forward by the Police had not reduced, the level of vacant properties had increased, and asked was selective licensing value for money? What are the benefits compared to a non- selective licensing area.

BBC answer Officers noted the comments and explained that the anti-social (BPRSF) behaviour statistics had reduced and the benefits were the improvements of a more stable area.

Respondent Person 1 also asked what the Councils targets were, what was (BPRSF) the council aiming to achieve and how was the progress being measured?

BBC answer Officers responded that the performance measures were (BPRSF) contained within the annual reports that were available on the Council’s website.

Respondent Concerns were raised that there was no benefit/discount in (BPRSF) terms of pricing structure for accredited landlords. The proposal to reduce the discount for accredited landlords had taken away the incentive to join GLAS.

BBC answer Officers noted this comment. (BPRSF)

Respondent Person 2 highlighted concerns that we were hitting the same (BPRSF) landlords again, and that other landlords in other areas should face selective licensing.

BBC answer Officers explained that this consultation process was only (BPRSF) considering the proposal of a further designation in Trinity and not the option of licensing other areas of the town.

Respondent Person 3 outlined that it was the landlords paying for the (BPRSF) scheme, that after 5 years and half a million pound what benefit can they see?

BBC answer Officers mentioned the reduction in anti-social behaviour and a (BPRSF) more stable area and explained that the whole purpose of another designation would be to build on the progress to date.

Respondent Person 1 outlined that it wasn’t value for money and asked that (BPRSF) we look at the scheme and the fee. That the processes should now be in place and should therefore be cheaper to deliver. If it was being run by a private company the costs would have reduced. The real issue is with the fee.

BBC answer Officers noted these comments. (BPRSF)

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Respondent Person 2 outlined that the area would now continue to (BPRSF) improve, that landlords will continue to manage in the correct way.

BBC answer Officers noted this comment. (BPRSF)

Respondent Person 3 asked how the outcomes of the scheme were being (BPRSF) measured and could the outcomes be justified?

BBC answer Officers explained about the performance targets that were set (BPRSF) out in the annual reports and that the annual reports were available on the Council’s website.

Respondent Person 1 outlined that the landlord’s funds have reduced, that (BPRSF) the increased fee would mean that the money would not be spent on their properties. That there could have been £6000 of improvements to the property had they not had to pay the fees.

BBC answer Officers noted this comment. (BPRSF)

Respondent The final points made during the discussion were, what has (BPRSF) licensing really changing? That the good landlords are paying for the bad landlords and why aren’t the good landlords receiving a discount on the fee.

BBC answer Officers noted this comment. (BPRSF)

Residents Consultation Drop in event held at Howard Street on Tuesday, 4th June 2013, 2.30 pm – 6.30 pm

3 Residents attended 2 of the residents were owner occupiers lived in the area and 1 person who rented who lived on the perimeter of the area.

2 Residents were interested in joining the residents group

Resident 1 Thought that Licensing had quietened down the area. They lived around St Matthew St.

Resident 2 Felt that there were too many cash points which were charging 1.5% for each transaction, they wanted to know if there were regulations on how many should be located in the area and wanted more machines which didn’t charge for withdrawals. They felt the vulnerable in the area are being targeted.

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They felt the area had quietened down whilst walking through, loved the shops and the area.

Resident 3 Reported two teenagers who are a nuisance in the area and responsible for the broken windows. They described them as one tall and one small. Reports of stone slabs on a roof on a property in Queensberry Road and Pritchard Street which was reported to Building Control. They thought the area was quiet at the moment.

Second Consultation event for Residents Held on Tuesday 2nd July 2013 2.30 – 6.30

Eight Residents attended:

Seven of the residents who attended were owner occupiers One resident was living in a rented property

Two ward Councillors attended, Howard Baker and Liz Monk

Two members of the Licensing Team attended Gillian Crawford and Wayne Keating

Issues which were discussed

Vacant Properties at 16 Westmorland Street and 23 Coal Clough Lane were causing issues

Dry Rot affecting owner occupier’s property

Fly tipping to the rear of 2 – 12 Howard Street

All the attendees were asked what they thought about living in the Selective Licensing Area – They all responded that it was quieter and there was not much anti-social behaviour, however it was also reported that there were a lot of undesirable people who loiter about and that the fear of crime was a huge issue with them.

One attendee who lived in the consultation area but not within the Selective Licensing area stated that they now feel safer walking around the designation.

Feedback from Agencies

Fire Service

We would support an extension in Trinity and beyond, as this is one of our main problem wards. As the scheme requires working smoke alarms and HFSC's to be carried out this is of great help in our aim to reduce risk in the community, particularly around deliberate firesetting. However, a number of vulnerable people inhabit these properties and this scheme gives us some assurance that minimum standards are being met, which would not otherwise. Accidental dwelling fires are always likely to occur due to the

Page 62 of 69 circumstances, however, if we can make a difference and at least mitigate any serious outcomes, then this would be a success.

You, as the LA, are able to respond quicker to deal with open to access properties, monitor wheelie bin issues and generally hold landlords to account. The landlords have to respond quicker to deal with issues than normally would be the case.

Having a co-ordinator for the scheme who responsible for implementing the conditions etc, is of great assistance for us in partnership working/liaison etc.

Housing Enforcement

Comments for the SL conditions as follows:-

Point 7. – ‘Free from serious hazards’. Do you have a definition for this/can you expand on this? I.e. CAT 1s only, or CAT 2s as well? Something along the lines of:

‘The Licence Holder must ensure that the property is free from disrepairs which includes serious Category 1 hazards and high Category 2 hazards. The Authority may carry out an assessment of the property using the government’s Housing, Health and Safety Rating System (HHSRS) to determine any potential hazards and provide a report detailing any required repairs and include a timescale within which they should be completed.’

Does this help with the inspections and the non-compliance that Wayne has to deal with? Also see point 20 below.

Point 8. – A reasonable request. However, need to be careful in how it is administered as it could open a ‘can of worms’ and be very bureaucratic to administer. As we are dealing with old properties almost all will have recommendations unless refurbished recently. I’m concerned that this may give your staff a big headache in keeping track with all the periodics especially if you are giving 12 months to supply. Could it be no license was granted before a periodic had been provided? I’m sure Sally from Blackburn said this was the case over there. It might be worthwhile speaking with her. Also is the ‘periodic inspection report’ the up-to-date terminology for this – I can check with building control.

Point 9. – ‘Valid’ periodic electrical survey. – again what’s a definition of a valid certificate? There is usually a box in the periodic inspection form which states when next test is due but this is a recommendation of the electrician (and subjective), do you want to enforce this?

Point 10. – Recommendations to be completed within 12 months – again how to administer. What recommendations need completing? Periodics can be different formats with different codes and the lower codes are usually about ‘careful consideration’

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Also to note, we (Enforcement Team) would not enforce for non-compliance of the provision of an electrical certificate alone. If there was an electrical hazard and we deemed it necessary that there was a need for a periodic to be completed then we could apply this. However, in reality I think we have ended up paying for a Cert to be completed and then charge the landlord back through a notice (ie. Improvement notice).

Do you want to send Wayne on additional training about electrical safety etc? – I don’t know what’s available.

Points 17 and 28. – one says one month the other qtly?

Point 20. Add ‘The licence holder must ensure that all repairs are carried out within a reasonable timescale which can stipulated by the Authority’

Point 25. – Do you want details of the tenancy deposit scheme, ref no.’s etc? – In mention this as it appears to be quite a big problem locally.

Point 33. – what does ‘common parts’ mean?

Point 39. – add ‘each locking system should be lockable both internally and externally’

Points 37-40 – something to clarify whose responsibility it is for the replacement of keys and potential costs – often crops up as a source of argument – you’ve them shelter file notes which you could refer to?

For non-compliance of gas/ epc’s do you want say you will refer to the appropriate enforcing bodies if the certs are not forthcoming i.e. HSE/Trading standards.

Response

Further to your comments made about the licence conditions as part of the formal consultation, and our conversation yesterday, I have amended the conditions in relation to electrical surveys. Please have a look at the amended conditions below and confirm that you are now happy with these. Wayne, Please can you have a look at 10. And confirm that you are ok with the 28 day deadline. As these would need following up to confirm the repairs are completed. Thanks Michelle

8. The Licence Holder must produce to the Authority a valid periodic electrical survey inspection report or electrical installation condition report for the whole of the electrical installations within the Property in accordance with current IEE wiring regulations. Such

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a report should be provided by a suitably trained, experienced and competent person who must be a NICEIC or ECA member. The first such report must be supplied by the Licence Holder to the landlord licensing team of the Authority within the first 12 months of the licence period. 9. The Licence Holder must ensure, throughout the period of the licence, that the Property is covered by a valid periodic electrical survey inspection report or a Electrical installation condition report. Where the report expires during the term of the licence, an up-to-date Electrical installation condition report must be provided to the landlord licensing team of the Authority within 28 days of the expiry date. 10. Should any urgent remedial works identified as category 1 or 2, be recommended on the periodic electrical survey report, or any urgent works identified as C1 or C2 on the Electrical installation condition report, the Licence Holder must ensure that all such works are completed no later than 28 days following the date of the report and must inform the licensing team of the Authority upon completion of such works. Final amendments to be made

I’ve had a chat with Wayne and have made a few amendments as below, these relate to:- - Competent person – summarised this, also taken out NICEIC or ECA member. Not really for us to decide this as long as they comply with Part P. - Split up each report and detailed appropriate timescales for dangerous urgent actions I.e 48 hrs.

8. The Licence Holder must produce to the Authority a valid Periodic Inspection Report or Electrical Installation Condition Report for the whole of the electrical installations within the Property in accordance with current IEE wiring regulations. Such a report should be provided by a competent person (to comply with Part P of the Building Regulations). The first such report must be supplied by the Licence Holder to the landlord licensing team of the Authority within the first 12 months of the licence period. 9. The Licence Holder must ensure, throughout the period of the licence, that the Property is covered by a valid Periodic Inspection Report or an Electrical Installation Condition Report. Where the report expires during the term of the licence, an up-to-date Electrical Installation Condition Report must be provided to the landlord licensing team of the Authority within 28 days of the expiry date. 10. Should any remedial works be identified the licence holder must ensure the following actions are carried out for whichever report is applicable:- Periodic Inspection Report - a. Code 1 recommendations – which are imminently dangerous, should be remedied within 48 hours following the date of the report. b. Code 1 recommendations – which are less serious, and Code 2 recommendations should be remedied within 28 days following the date of the report. Electrical Installation Condition Report - a. Classification Code C1 – ‘Danger present and immediate remedial action required’, should be remedied within 48 hours following the date of the report.

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b. Classification Code C2 – ‘Potentially dangerous and urgent remedial action required’, should be remedied within 28 days following the date of the report. The Licence Holder must inform the licensing team of the Authority upon completion of such repairs/works. Police

I am Mark Driver PC1140 and am the anti-social behaviour Officer for Burnley. Part of my role is to oversee issues of ASB and act as intermediary between the Police area teams and Partner Agencies to formulate action plans against perpetrators of ASB. As a result I work closely with Michelle Hall and Gillian Crawford at Burnley Borough Council, particularly regarding issues within the Trinity Ward of Burnley where the selective licensing designation is in operation. Myself and colleagues within the Trinity area team see this partnership working as a valuable tool in combatting ASB within the Ward which has historically been blighted by issues of ASB. Selective licensing gives us far more control over tenants in that we are able to provide advice on prospective tenants under the reference scheme and known perpetrators of ASB can be effectively kept out of the area. Landlords are held more accountable for their tenants and have a duty to act when issues of ASB from their properties are brought to their attention and from experience are far quicker to act and do so more effectively than in other areas of town where we only get a response when we go for Closure Orders on premises which is costly, time consuming and a lengthy process extending the victims misery of ASB.

From a Police perspective selective licensing is an invaluable tool in combatting ASB and has had a huge impact upon the quality of life of the residents of Trinity since its inception and assisting in the reduction of ASB within the Ward. If the scheme was to cease the lack of regulation and accountability would be detrimental to the fight against ASB in the Ward and known “problem families” would be able to move back into the area causing alarm and distress to the decent residents of Trinity Ward potentially undoing the progress made in the fight against ASB.

I cannot stress too much what a vital tool selective licensing is to the Police and partner agencies within Trinity, and I believe that if this scheme were to be rolled out across Burnley and Padiham then it could only assist other area teams in combatting the problem.

Floating Support Feedback

Selective licencing

Due to working with the selective licencing team, in 2 different job roles, I have found it to very beneficial.

I was currently working within the South west Burnley, dealing with families and young people who was causing Anti-social behaviour, some of the issues that was raised by the families I worked with was , disrepair to their homes and Landlords not completing the repairs. Some of

Page 66 of 69 the families identified that empty homes were being emptied of boilers, radiators and any lead pipes that could be found, this was causing a massive impact on the neighbourhood, and it was also leaving properties vulnerable to other youths in the area.

I was trying to re house some of my service user’s in the trinity area and found that, after viewing the properties, they declined; some said it was due to the condition of the property and some said it was because of the Anti-social behaviour in the area.

However over time some families that wanted to leave the area had, had repairs completed and some of the back yards had been cleaned from fly tipping, they decided to stay in the area and some other families were updated on the selective licencing scheme and the community beat officers that were tackling any ASB in the area and decided that they would live in that particular area.

The selective licencing also gave a great amount of support for the tenants, as the landlord had to provide, gas safety certificates, electrical items had to be safe, the property had to have working smoke alarms and the tenant has to have a tenancy agreement, plus the landlord has to obtain references from the perspective tenants, this in turn gave some security for both tenant and landlord.

Regular meetings were organised by the team for tenants, landlords and partner agencies, this ensured all involved were updated. I feel without the selective licencing the wards would decline, in repairs, void properties, ASB and crime.

Feedback from a Resident Representative

Here are my thoughts about the future of SL.

Almost five years ago, the Selective Licensing scheme got under way in Trinity to start to address the issues that residents were having with the increasing availability of private rented property in the Ward, a large proportion of which were owned or let by speculative buyers, some of which had never even been to Burnley. The actions of some of these landlords turned our once close knit communities in pockets of the Ward into places where no one wanted to live. Landlords who were only interested in the rent, from properties that were not really fit for purpose, with outstanding repairs that often affected neighbouring properties, and no procedure in place for vetting new tenants. There was no commitment to our town, just a purely financial interest, often targeting the more vulnerable members of society. Over time, the combination of poor standards of houses on offer and the increase in anti social behaviour from tenants, turned long term residents daily lives upside down and altered the face of Trinity.

Those that could move away - did just that, leaving an area that they would never have dreamed of leaving prior to the disruption that some of these people caused. But, many others were unable to move and have been living in limbo ever since, trapped in homes that have devalued and in many cases a once treasured home has become like a noose.

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The decline in our area didn't happen overnight, but slowly over many years, and trying to put things back on an even keel will be a slow process. Since the introduction of the licensing scheme, with a dedicated team targeting the issues that we have here, things are changing. There is a system in place that residents can easily access and get results from. Anything reported to the team is dealt with regardless of what that issue is. So, it is inevitable that Trinity residents want to keep the scheme here. Although a lot of ground has been covered, there is still a job to be done here. The implications for the Ward and the residents living in it without licensing don't bear thinking about. I have lived in the Ward for over fifty years and seen it at its worst. We are now on the up thanks to the hard work of the SL team and the residents who have stuck with it through the bad times to see Trinity turning the corner. Most long term residents of Trinity will have their own nightmare tales to tell, they really have had first hand experience of 'neighbours from hell'. As a resident rep. I want to do all I can to support residents and the SL team to carry on and finish the job, seeing landlords maintain their properties, do proper checks on tenants and in turn restore the peace here that we once had. This is by no means a 'rose tinted glasses' pipedream, but a target we all want and deserve to achieve.

Response from the RLA

Available at the Council’s Town Hall Offices. c/o Tom Forshaw, Head of Chief Executive’s Office. Tel no. 01282 477260 [email protected]

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Response to the RLA

Richard Ashton Residential Landlords Association 1 Roebuck Lane Please ask for: Clare Jackson Sale Telephone ext: 7231 Manchester Date: 6/09/13 M33 7SY

Dear Sir,

Re: Burnley – Proposal to declare a selective licensing designation in part of the Trinity Ward

Thank you for your representation to Burnley Borough Council’s recent consultation event for the proposal to declare a selective licensing designation for part of the Trinity Ward.

Officers have carefully considered your representation but were unable to find any substantive comments that were material to the proposal to declare a selective licensing area that was the subject of the consultation.

It is our opinion that the content of your document of the 3rd August relates entirely to a member complaint and this is currently being dealt with through the Council’s complaints procedure.

Yours sincerely

Clare Jackson Private Sector Housing Manager Housing and Development Unit

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