HOUSING SCRUTINY SUB-COMMITTEE
Date: Tuesday 6 July 2021
Time: 7.00 pm
Venue: Committee Room (B-06), Town Hall, Lambeth Town Hall, Brixton Hill, London SW2 1RW*
*In line with legislation and continuing Covid-19 precautions, committee members will attend the meeting in person at Lambeth Town Hall, with members of the public and press, visiting members and officers invited to attend virtually. Instructions overleaf.
Copies of agendas, reports, minutes and other attachments for the Council’s meetings are available on the Lambeth website. www.lambeth.gov.uk/moderngov
Members of the Committee
Councillor Mary Atkins (Chair), Councillor Rezina Chowdhury, Councillor Ibrahim Dogus, Councillor Pete Elliott, Councillor Paul Gadsby, and Councillor Emma Nye
Substitute Members
Councillor Becca Thackray and Councillor Clair Wilcox
Further Information
If you require any further information or have any queries please contact: David Rose, Telephone: 020 7926 1037; Email: [email protected]
Published on: Monday 28 June 2021
Queries on reports
Please contact report authors prior to the meeting if you have questions on the reports or wish to inspect the background documents used. The contact details of the report author are shown on the front page of each report.
@LBLdemocracy on Twitter http://twitter.com/LBLdemocracy or use #Lambeth Lambeth Council – Democracy Live on Facebook http://www.facebook.com/ How to access the meeting In line with legislation, committee members will attend the meeting in person at Lambeth Town Hall.
Due to public health guidance covering health, hygiene and social distancing, officers, visiting members and members of the press and public are invited to attend virtually. If this is not possible, strictly limited public access can be made available if you contact the clerk before the meeting (details on the front page of the agenda) or [email protected].
For Members of the Public If you just want to watch the live broadcast, this meeting is available to view as a Microsoft Teams Live Event. If you are new to Microsoft Teams, clicking here will take you to the meeting page where you will be prompted to download the app or watch on the web instead. Please follow the instructions to watch on the web. On doing so, you can join our live event anonymously.
Members of the public wishing to make representations at this meeting must inform Democratic Services (see front page for contact details) by 12pm on Monday 5 July 2021.
For Members of the Committee In line with legislation, committee members will attend the meeting in person at Lambeth Town Hall.
For elected Members of the Council Councillors who are not members of the Committee but wish to attend the meeting must inform Democratic Services by 12pm on Monday 5 July 2021. Upon doing so they will be invited to attend the meeting virtually.
Digital engagement We encourage people to use Social Media and we normally tweet from most Council meetings. To get involved you can tweet us @LBLDemocracy.
Audio/Visual Recording of meetings Everyone is welcome to record meetings of the Council and its Committees using whatever, non- disruptive, methods you think are suitable. If you have any questions about this please contact Democratic Services (members of the press please contact the Press Office).
Please note that the Chair of the meeting has the discretion to halt any recording for a number of reasons including disruption caused by the filming or the nature of the business being conducted.
Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis.
Representation Ward Councillors may be contacted directly to represent your views to the Council: (details via the website www.lambeth.gov.uk)
AGENDA
PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING
Page Nos. 1 Declarations of Pecuniary Interest Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.
2 Housing Needs Update 1 - 12 (All wards)
Report authorised by: Bayo Dosunmu: Strategic Director for Resident Services
Contact for enquiries: Lee Georgiou, Assistant Director, Housing Needs, Residents Services, 07541 645368, [email protected]
3 Lambeth Housing Partnership Programme with Registered 13 - 30 Providers (All wards)
Report authorised by: Bayo Dosunmu: Strategic Director for Resident Services
Contact for enquiries: Linda Oginni, Head of Housing Partnerships, Resident Services, 020 7926 9311, [email protected]
4 Private Sector Enforcement and Regulation 31 - 88 (All wards)
Report authorised by: Bayo Dosunmu: Strategic Director for Resident Services
Contact for enquiries: Sandra Roebuck, Director of Infrastructure and Capital Delivery, 020 7926 2594, [email protected]
5 Work Programme 89 - 100 (All wards)
Report authorised by: Interim Director of Legal and Governance: Tasnim Shawkat
Contact for enquiries: David Rose, Democratic Services Officer, 020 7926 1037, [email protected]
Page 1 Agenda Item 2
HOUSING SCRUTINY SUB-COMMITTEE 06 JULY 2021
Report title: Housing Needs Update
Wards: All
Portfolio: Cabinet Member for Housing and Homelessness: Councillor Maria Kay
Report Authorised by: Bayo Dosunmu: Strategic Director for Resident Services
Contact for enquiries: Lee Georgiou, Assistant Director, Housing Needs, Residents Services, 07541 645368, [email protected]
REPORT SUMMARY
This report provides an update to Housing Scrutiny Sub-committee on the work across Lambeth in addressing homelessness and rough sleeping. It reflects on the impact of the Homelessness Reduction Act 20171 (HRA) and the impact of Covid-19 and summarises the level of demand and number of people living in temporary accommodation. It also provides an update on future challenges we face due to the economic fallout of the pandemic and our plans to mitigate the impact on our residents.
FINANCE SUMMARY
There are significant financial risks if the level of demand on the service increases, leading to a further increase in the number of households in temporary accommodation.
RECOMMENDATIONS
1. To note the content of this report.
1 Homelessness Reduction Act: policy factsheets - GOV.UK (www.gov.uk)
Page 2
1. CONTEXT 1.1 The contents of this report are aligned with the current legislative framework and the Ministry for Housing, Communities and Local Government (MHCLG) single departmental plan.2 Our approach to service delivery also supports the following goals outlined in Lambeth’s Borough Plan.3 a. increase community resilience; and, b. providing care and independence by reforming services.
2. PROPOSAL AND REASONS Legislation 2.1 On 3 April 2018 the HRA amended Part VII of Housing Act 1996 and became law. It was the most significant change in the homelessness legislation in a generation. It made substantial changes to the eligibility for homelessness assistance and requires local authorities to assist much earlier. This was a fundamental shift in the culture of statutory homelessness services to ensure that they become much more proactive to maximise opportunities to prevent or relieve homelessness. The HRA intentionally expanded eligibility for a personalised homelessness assistance service to everyone, regardless of whether there is a duty to provide accommodation.
2.2 London Borough of Lambeth (LBL) has long championed this approach, as recognised by Lord Best, who during the second reading of the Bill said in the House of Lords:
“Some exemplary local authorities are already engaged in strenuous efforts to help potentially homeless households. I recently saw the work being done by the London Borough of Lambeth against almost insuperable odds”.
2.3 The intention of the Act is positive as it places a duty on local authorities to support households much earlier, however the complexity and bureaucracy remains a challenge for LAs. The HRA does not address the underlying causes of homelessness, nor the structural challenges that local authorities face such as Welfare Reform and the lack of supply of affordable accommodation.
2.4 The impact of the pandemic has disproportionally affected Lambeth. The longer-term economic fallout is likely to increase the level of demand on the Housing Needs Service. According to the London’s Poverty Profile 2021 report:4 a. Lambeth's unemployment rate of 6.2% is above the rate across London of 4.9%; b. Lambeth has a higher proportion (8.4%) of the working-age population on out-of-work benefits, (the London rate is 7.7%); and, c. as of the end of January 2021 Lambeth had 28,000 people in the borough furloughed (roughly 11.6% of the working population).
Rough Sleepers 2.5 Supporting rough sleepers remains a key priority in Lambeth. Since 2017, the number of rough sleepers found on the streets of Lambeth has increased on average by approximately 20% annually.5 This challenge has been met with a robust response via the implementation of interventions and services under the MHCLG’s Rough Sleepers Initiative,6 which include but are not limited to; an eight-bed night shelter, spot purchased B&B accommodation, Education Training & Employment Workers, Resettlement Worker, Prison Release Navigator & an Outreach Social Worker. The impact
2 Ministry of Housing, Communities and Local Government single departmental plan - GOV.UK (www.gov.uk) 3 Our goals for Lambeth – Lambeth Borough Plan | Lambeth Council 4 London's Poverty Profile 2021: COVID-19 and poverty in London | Trust for London 5 Rough sleeping in London (CHAIN reports) - London Datastore 6 The rough sleeping strategy - GOV.UK (www.gov.uk)
Page 3
of this funding has resulted in positive outcomes across key areas, most notably a 53% reduction in the official rough sleeping estimates in the borough over the past 18 months .
2.6 Whilst Lambeth has achieved measurable success in tackling rough sleeping, challenges remain, particularly in the context of immigration reform and the ending of the European Union Settlement Scheme on 30 June 2021. Of those found rough sleeping in Lambeth in Q4 2020/21, and where nationality was known, 28% were EU nationals, the second largest cohort in the borough.
2.7 According to the Greater London Authority Rough Sleeping database CHAIN:7 a. in 2020/21 383 new rough sleepers were recorded in Lambeth. This is an increase of 41% compared to 2019/20; b. during the height of the Covid-19 Pandemic between April/Sept 2020, 221 new rough sleepers were recorded in Lambeth. In 2019 this figure was 76 during the same period; c. in Q4 2020, 60 rough sleepers found in Lambeth were booked into accommodation, in Q4 2021 this figure was 94; d. in 2019/20, of nationalities recorded, the largest cohorts in Lambeth were UK nationals & EU nationals at 49% & 44% respectively; e. in 2019/20, 17% of rough sleepers in Lambeth were women & 83% men. These figures have remained relatively stable over the past 5 years, and broadly reflect the London average; and, f. in 2019/20, 40.7% of rough sleepers found in Lambeth were evicted from accommodation or asked to leave by friends or family
Impact of Covid-19 Homelessness Prevention Service 2.8 The immediate impact of COVID-19 was that applications made to the Homelessness Prevention Service increased by an average of 23% over 2019/20. The height of demand on the Service took place in September 2020 where demand was 40% higher than 2019-20 and is likely the highest single month period of demand in more than a decade. This put immense strain on the frontline service and officers have been working hard to clear the backlog of cases.
2.9 This increase in demand is despite the government introducing a ban on evictions which lasted from March 2020 until the end of May 2021 which drove down demand from ‘families’, typically our largest cohort. In Q2 2020/21 overall demand rose by 28% over Q2 2019/20, however, demand for temporary accommodation from families reduced by 8% whilst demand from ‘all adult’ households rose by more than 100%. Benchmarking across London Authorities, Lambeth is typical in this regard as demand from singles is within 1% of the London average.
2.10 The National Residential Landlord Association estimate that over 800,000 private sector renters across England are in rent arrears.8 It is estimated that there is a backlog of 500 housing possession claims in Lambeth from both the private and social housing sectors. It is very likely that there are many tenants across the Borough who are, or soon will be, in rent arrears and threatened with homelessness from the private rented sector (PRS).
2.11 An increase in families approaching Lambeth is of concern for the Service, as options are more limited and costs much greater. Where homelessness cannot be prevented, temporary accommodation is often inevitable and the full homelessness Main Duty ‘Acceptance’ owed.
2.12 There are positives to draw from the pandemic in the context of Service provision including:
7 Ibid 5 8 More than 800,000 renters in arrears due to Covid | NRLA
Page 4
a. operating a remote Service has been successful and generally preferred by staff and customers; b. all targets were met or surpassed for the first time since the introduction of the HRA; c. Lambeth secured the second highest number of homelessness preventions in London in 2020/21; d. relationships with stakeholders such as Refuge providers, Hospitals and Social Services are generally more advanced and productive now than any time previously; and, e. a general acceptance across the sector that traditional services do not meet the needs of customers and can encourage the ‘wrong demand’, leading to more flexible and open-minded approaches.
Everyone In 2.13 The Covid-19 Pandemic fundamentally changed the way in which accommodation was provided due to the risks of people sharing spaces. This meant the closure of the GLA-funded No Second Night Out Hubs and the early closure of faith-based night shelters across the capital. Early in the pandemic the Government issued instructions to Local Authorities that all rough sleepers were to be offered suitable self-contained accommodation immediately regardless of eligibility or local connection. This came to be known as “Everyone In”9.
2.14 As a result of this, the GLA and Local Authorities block booked hotels and other suitable accommodation to meet this need. As a result of this the following outcomes were achieved: a. 84 rough sleepers were housed in Lambeth procured hotel provision during the Governments “Everyone In” call of which 35 (40%) were individuals that had no recourse to public funds (mostly CEE/EEA nationals); b. a further 94 rough sleepers were referred by the Lambeth rough sleeping outreach team to GLA-funded hotels (pan-London) 50% of which were CEE/EEA nationals; c. occupants at the Lambeth procured hotels were supported by partners from Thames Reach, St Mungo’s and SHP who were flexible about pre-existing working arrangements; d. food was provided through partnership with Streets Kitchen and security/concierge funded by the Council; e. all 84 rough sleepers who were placed in Lambeth procured hotels were rapidly assessed by Thames Reach staff to ascertain support needs, local connection, benefit entitlement, ID requirements and any immigration issues and were then given an offer of support/move on plan; and, f. all rough sleepers have been successfully moved on from the hotels, into PRS properties, the Lambeth Vulnerable Adults’ Pathway, or reconnected to another local authority or country.
Overview of homelessness and temporary accommodation in London and Lambeth. 2.15 Homelessness is one of the most pressing challenges that London faces. The number of homeless households has increased and remains high in London. London councils account for over 65% of all temporary accommodation placements nationally.
2.16 There has been a significant increase in demand on homelessness services over the past few years and a decrease in the supply of affordable accommodation. The latest data shows that between 2011 and 2018 there was a 26% decrease in the number of social lets made by London authorities. During 2018/19 the proportion of social housing stock re-let in London was only 2% . In addition, the private rented sector has become less accessible for those on low income, the combined effect of this has resulted in London Boroughs increasing use of temporary accommodation.
9 Coronavirus (COVID-19): letter from Minister Hall to local authorities on plans to protect rough sleepers (publishing.service.gov.uk)
Page 5
2.17 Despite the significant challenges in 2020/21 the Service prevented over 1,600 households from becoming homeless, a record number for Lambeth and the second highest in London, though this was not enough to reduce the use of temporary accommodation.
2.18 The success in preventing homelessness ensured that the number of customers placed into temporary accommodation was lower than would have been experienced otherwise. But due to initiatives such as ‘Everybody In’, the broadening of Priority Need due to the threat of serious illness for many groups from Covid-19, temporary accommodation increased by 9.7% from May 2020 to May 2021.
2.19 Due to Covid-19, we have also had to reduce occupancy of our hostels, resulting in increased use of more expensive self-contained accommodation. These Covid-19 related impacts have resulted in increased expenditure of £2m on temporary accommodation in 2020/21 compared to forecasted £12m before the pandemic.
Non-Covid-19 Challenges 2.20 Whilst successes achieved from the Lambeth Housing Needs Service have reduced the rate of increase of temporary accommodation, the challenges of 2021/22 and beyond are great and many of the tools used to prevent homelessness are becoming less effective including: a. Discretionary Housing Benefit grant from central Government during 2021/22 has been reduced by 50%, a loss of over £700,000 towards the prevention of homelessness; b. reduction of social lets in the last financial year of 17%. This may increase temporarily as a result of the eviction ban being lifted but the trajectory remains downward as more supply is removed through Right to Buy; c. Lambeth’s ambitious regeneration programme will not deliver new homes for some time, and in the meantime there is a short-term impact on supply as properties are emptied ahead of development. d. in March 2020, LHA levels were increased in response to Covid-19, which is a welcome development.10 However, Benefit Cap levels have not been increased, so the effect of this is that more people are now affected by the Benefit Cap. e. Housing Benefit for temporary accommodation has not been increased, which has resulted in a wider gap between renting in the private and public sectors, which disincentives people to rent privately. Lambeth has one of the most effective private sector solutions teams in London, assisting about 500 people a year to secure private rented accommodation, but finding suitable private accommodation to prevent or relieve homelessness is a significant challenge; and, f. the Benefit Cap and caselaw which prevents Local Authorities from considering tenancies which require non-housing elements of benefits to be ‘suitable’ further reduce supply and in many instances make it not possible to find new homes for families Samuels v Birmingham City Council [2019] UKSC 28.11
Response to the Challenges Structure 2.21 The current Housing Needs Service structure was agreed before the implementation of the HRA. Consequently, there are now three years of learning, from this Authority and others, about the structure’s strengths and weaknesses, and it is widely recognised there are opportunities and efficiencies that can be achieved by working in another way. The current structure has other less tangible deficiencies which affect staff. A widely recognised issue is the gap between officer and
10 Local Housing Allowance (LHA) rates applicable from April 2020 to March 2021 - amendment as instructed by The Social Security (Coronavirus) (Further Measures) Regulations 2020 - GOV.UK (www.gov.uk) 11 Samuels (Appellant) v Birmingham City Council (Respondent) (supremecourt.uk)
Page 6
manager responsibilities and grades. This leads to managers losing strategic focus and they manage operational issues whilst staff become frustrated with the lack of progression opportunity.
ICT 2.22 The speed in which the HRA and H-CLIC (the MHCLG’s monitoring system) that were introduced resulted in few ICT solutions being available at market from April 2018. 12 The chosen system does not integrate with other Housing systems. Work is underway to switch to a new ICT solution which better integrates with other aspects of Housing. With this integration it is hoped that ICT solutions used in other parts of the Council i.e. AskPorter, could be introduced which would provide fantastic opportunities to improve efficiency and information delivery to customers.
Culture Change 2.23 The HRA placed additional duties on local authorities, it also places a requirement on applicants to take reasonable steps to prevent or relieve their homelessness. These new duties require local authorities to assess and complete a personalised housing plan with any applicant that is homeless or threatened with homelessness. The plan sets out practical steps for both parties to prevent or relieve homelessness.
2.24 The Housing Needs Service recognises the importance of early intervention and have been providing a solution focused Service. Wherever possible, we will try and enable residents to remain in the homes they approach from. Where this is not possible, then we will do our best to support them to secure alternative accommodation before they reach a point of crisis. Through our change programme we are seeking to embed these approaches by creating a positive working environment for staff where we; invest and develop them, provide opportunities for career progression, continuously reflect on what we do and focus our efforts and resources on finding solutions.
2.25 We have successfully commissioned Warren Hatter of 'With the Grain' to work with Housing Needs to apply behavioural insights to our communications - information/advice; forms, documentation, letters, all of which will feed into this change in relationship.
Remote Service Delivery & Partnership Work 2.26 Like many London Authorities, the Homelessness Prevention Service has worked exclusively from home since the beginning of lockdown end of March 2020. For a vast majority of customers, moving to a remote model has worked extremely well. However, it is recognised that there is a minority of customers, often the most vulnerable, where a remote service is less suitable. Early indications suggest that up to 80% of London Authorities will move to a ‘hybrid model’ of service delivery with a majority of assessment being conducted remotely. It is the intention of the London Borough of Lambeth to follow this trend.
2.27 Initial discussions to deliver some form of face-to-face Service have taken place with Libraries, the Job Centre Streatham and Solace Women’s Aid. Over the next few weeks these discussions will focus on how the Service can be delivered at these locations and how frequently. Discussions are ongoing with our colleagues in Customer Services to ensure that whilst the Service will not be delivered from Customer Centres, Customer Services will be able to support the most vulnerable customers ensuring access is available to them.
Reviews to be undertaken by the Services 2.28 The following Reviews are to be undertaken by the Services: a. Housing Needs structure – to ensure it meets the strategic priorities as outlined above;
12 Homelessness Case Level Collection (H-CLIC) updates – GSS (civilservice.gov.uk)
Page 7
b. Housing Allocation Scheme – will be reviewed to ensure customers accessing social housing are those most in need, with a specific requirement or need for social housing; c. Private Sector Offers – currently made on a voluntary basis, the increase in demand and short supply necessitate that formal offers are made; d. Placement Policy – to provide better quality accommodation in the current market may require that offers are made further away from Lambeth and our neighbouring boroughs; and, e. Review of the young persons supported housing pathway – ensuring pathway delivers on strategic priorities and better meets the need of this vulnerable cohort.
3. FINANCE 3.1 The HRA was introduced under the assumption by the government that the increase in prevention work would lead to falling costs after three years, and a reduction in the need for Temporary Accommodation.
3.2 In practice, even before Covid-19 it was apparent that costs will continue to rise as a result of the increased workload, administration process and responsibilities for prevention and relief, and costs of delivering the Service. The administrative demands of the HRA are significant and there is a consensus that funding to support Local Authorities has been insufficient
3.3 The 11% increase in the number of households living in temporary accommodation and reduced occupancy in temporary accommodation has resulted in an additional £2m per annum pressure on our budgets.
3.4 In addition, new demands continue to be made on local authorities. The Domestic Abuse Act 202113 presents a number of challenges to the Local Authority, the most significant in relation to Housing Needs is the expansion of ‘Priority Need’ to include all victims of domestic abuse. The London Borough of Lambeth champions all efforts to assist victims of survivors of domestic abuse and has begun to implement this change ahead of the required start date, however, it is estimated that this will initially increase demand by between 100-200 customers per year. As this cohort are single and typically under 35, there are limited options available other than temporary accommodation.
4. LEGAL AND DEMOCRACY 4.1 This report provides an update to Housing Sub-Committee following the introduction of the HRA in April 2018. A summary of the impact of the HRA are laid out in paragraphs 2.1 - 2.3 above. Notably the HRA introduced a duty to carry out an assessment and agree a personalised plan which must include an assessment of the cause of the applicant becoming homeless or threated with homelessness, the housing needs of the applicant and what support would be necessary for the applicant to have and retain suitable accommodation. Once the assessment has been completed the Council and the applicant are then required, where possible, to agree steps each party will take to ensure the applicant secures and retains suitable accommodation.
4.2 Section 149 of the Equality Act 2010 sets out the public sector equality duty replacing the previous duties in relation to race, sex and disability and extending the duty to all the protected characteristics i.e., race, sex, disability, age, sexual orientation, religion or belief, pregnancy or maternity, marriage or civil partnership and gender reassignment.
4.3 The public sector equality duty requires public authorities to have due regard to the need to:
13 Domestic Abuse Act 2021: overarching factsheet - GOV.UK (www.gov.uk)
Page 8
a) Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited under that act; b) Advance equality of opportunity between persons who share a relevant protected characteristic and those who do not share it; and, c) Foster good relations between those who share a protected characteristic and those who do not share it, which involves having due regard, in particular, to the need to: i. tackle prejudice; and, ii. promote understanding.
4.4 Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to: a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it, including, in particular, steps to take account of disabled persons' disabilities; and, c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
4.5 Compliance with the duties in section 149 of the Act may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under the Act.
4.6 The Equality Duty must be complied with before and at the time that a particular policy is under consideration or decision is taken - that is, in the development of policy options, and in making a final decision. A public body cannot satisfy the Equality Duty by justifying a decision after it has been taken.
4.7 There were no further comments from Democratic Services.
5. CONSULTATION AND CO-PRODUCTION 5.1 Not applicable.
6. RISK MANAGEMENT 6.1 The main risks that could impede the successful delivery of this Programme are:
Risk Register Item Risk Likelihood Impact Score Control Measures Government lifted eviction Media campaign to encourage ban at the end of May, residents to approach housing significant number of needs for assistance now, as cases in court system, opposed to at crisis point. 1 4 2 8 likely to result in a Introduce a homelessness forum significant increase in the within Lambeth to ensure that number of households partners and community groups to that become homeless. improve awareness.
Page 9
Reach out to remind statutory agencies that they have a duty to refer cases to Service. Working with the DWP and HB to identified households whose Furlough scheme ending economic circumstances have in September 2021, changed to provide targeted 28,000 people in the 2 3 4 12 interventions. borough furloughed Recruiting additional officers to (11.6% of the working work proactively to identify and population). support households at risk of homelessness Large number of individuals with No Liaising with the home office and Recourse to Public the accommodation provider. Funds, including asylum 3 4 2 8 Working with community groups seekers currently placed to assist individuals to regularise in hotels within Lambeth their immigration status. by the Home Office that may become homeless
Key Likelihood Very Likely = 4 Likely = 3 Unlikely = 2 Very Unlikely = 1 Impact Major = 8 Serious = 4 Significant = 2 Minor = 1
7. EQUALITIES IMPACT ASSESSMENT 7.1 An equalities impact assessment of the work programme has not yet been undertaken. Reports commissioned by the committee will be expected to address any equalities issues. Any recommendations arising from commissions will have equalities implications considered at the drafting stage
8. COMMUNITY SAFETY 8.1 The Service works closely with the Police and Community Safety to address any issues relating to our citizens safety. We have built up strong relationships with a range of organisations which aim to keep vulnerable adults and the wider community safe.
9. ORGANISATIONAL IMPLICATIONS Environmental 9.1 The strategy supports the inclusion of digital solutions, using paperless solutions where possible.
9.2 No vehicles are provided or required by the provisioned services and staff are encouraged to use public transport when required to travel between locations.
Health 9.3 Supporting people who are homeless into accommodation and addressing their wider needs contributes to public health outcomes. Councils have a duty under the Health and Social Care Act 2012 to improve the health of their local population. These services contribute to this outcome.
Corporate Parenting
Page 10
9.4 Not applicable.
Staffing and accommodation 9.5 The Housing Needs Change programme will require a review of the current structure, to focus resources on earlier intervention and prevention. This will be completed in consultation with our staff and in line with HR policy.
Responsible Procurement 9.6 All commissioned service providers pay the London Living Wage (LLW) to all staff and support apprenticeships and targeted employment for priority groups where possible.
9.7 All commissioned service providers are aware of the new General Data Protection Regulations around managing clients’ data and are compliant.
10. TIMETABLE FOR IMPLEMENTATION 10.1 Not applicable.
Page 11
AUDIT TRAIL
Date Comments in Name and Position/Title Lambeth Directorate Date Sent Received paragraph: Cabinet Member for Councillor Maria Kay Housing and 23/06/21 28.06.21 Homelessness Bayo Dosunmu, Strategic Resident Services 23/06/21 23.06.21 Director Andrew Ramsden, Finance Finance and Property 23/06/21 24/06/21 Greg Carson, Legal Legal and Governance 23/06/21 24/06/21 4.1 – 4.6 Services David Rose, Democratic Legal and Governance 18.06.21 21.06.21 Services
REPORT HISTORY
Original discussion with Cabinet Member 23.06.21 Report deadline 23.06.21 Date final report sent 28.06.21 Part II Exempt from Disclosure/confidential No accompanying report? Key decision report No Date first appeared on forward plan N/A Key decision reasons N/A Homelessness Reduction Act factsheet: Homelessness Reduction Act: policy factsheets - GOV.UK (www.gov.uk) MHCLG Single Departmental Report: Ministry of Housing, Communities and Local Government single departmental plan - GOV.UK (www.gov.uk) Lambeth Borough Plan: Our goals for Lambeth – Lambeth Borough Plan | Lambeth Council Lambeth Poverty Profile 2021: London's Poverty Profile 2021: COVID-19 and poverty in London | Trust for London MHCLG Rough Sleeping Strategy: Background information The rough sleeping strategy - GOV.UK (www.gov.uk) National Residential Landlord Association article: More than 800,000 renters in arrears due to Covid | NRLA Valuation Officer, Local Housing Allowance Increase: Local Housing Allowance (LHA) rates applicable from April 2020 to March 2021 - amendment as instructed by The Social Security (Coronavirus) (Further Measures) Regulations 2020 - GOV.UK (www.gov.uk)
Page 12
Home Office, Domestic Abuse Act factsheet. Domestic Abuse Act 2021: overarching factsheet - GOV.UK (www.gov.uk) Appendices N/A
Page 13 Agenda Item 3
HOUSING SCRUTINY SUB-COMMITTEE 6 JULY 2021
Report title: Lambeth Housing Partnership Programme with Registered Providers
Wards: All
Portfolio: Cabinet Member for Housing and Homelessness: Councillor Maria Kay
Report Authorised by: Bayo Dosunmu: Strategic Director for Resident Services
Contact for enquiries: Linda Oginni, Head of Housing Partnerships, Resident Services, 020 7926 9311, [email protected]
REPORT SUMMARY
This report offers an overview of Lambeth Council's strategic relationship with key Registered Providers (RPs) operating in the Borough in response to questions posed by scrutiny panel members. In January 2020, Lambeth signed a Memorandum of Understanding with the ten largest RPs operating in the Borough (L&Q, Metropolitan Thames Valley, Network Homes, Notting Hill Genesis, Optivo, Hyde, Guinness Partnership, Peabody, Wandle and Ekaya). The MoU laid out several high-level strategic priorities and a three-year work plan. Since the MoU was launched, the high-level workstreams have been slightly adjusted to ensure that it is fit for purpose in response to the Covid-19 pandemic. The report provides background information on the Lambeth Housing Partnership (LHP) as well as current priorities.
FINANCE SUMMARY
There are no financial implications arising from this report.
RECOMMENDATIONS
1. To note the contents of this report
Page 14
1. CONTEXT 1.1 The Lambeth Housing Partnership (LHP) is our local strategic programme bringing together ten of the largest registered providers in Lambeth. It was launched in January 2020 as a means to refocus efforts on ensuring that Registered Providers (RPs) are key strategic partners and integral to achieving our borough plan goals. The programme includes a ‘Lambeth Housing Partnership Plan’, which details enhanced strategic outcomes and delivery resulting from deeper collaborative working. This plan integrates with existing and new Lambeth Council initiatives to help the Borough achieve its vision.
1.2 The ten RPs that are signatories to the Memorandum of Understanding (MoU) collectively hold around 25,000 properties in Lambeth, with ownership listed below in descending order of property ownership: a. Metropolitan Thames Valley Housing (MTVH); b. London and Quadrant Housing (L&Q); c. The Peabody Group; d. Notting Hill Genesis; e. Optivo; f. The Hyde Group; g. Network Homes; h. Wandle Housing Association; i. The Guinness Partnership Limited; and, j. Ekaya Housing Association.
2. PROPOSAL AND REASONS Lambeth Housing Partnership Objectives and Priorities 21-22 2.1 The LHP strives to strengthen and improve Lambeth Council’s strategic engagement with its main registered providers in the Borough. It enables us to engage closely and collaboratively with housing providers by using our collective knowledge and skills and mitigating risk and expense in high-priority areas. It involves working together to maximise value for our residents and working towards our shared vision for Lambeth.
2.2 Three high levels objectives agreed as part of the MoU: a. Creating inclusive growth: We want all of Lambeth to benefit from the investment and regeneration of the Borough; b. Reducing inequality: We want to take action to address inequalities across the Borough, including issues to do with health, job opportunities and quality of life; and, c. Building strong and sustainable neighbourhoods: We want to maintain safe, clean and cohesive communities across the Borough.
2.3 The LHP is organised around three high-priority corresponding workstreams that have been recognised as the pillars of the Lambeth Housing Partnership Plan: a. Housing Growth: i. Exploring opportunities for partnership working to deliver the Council’s housing growth objectives; ii. Identify opportunities for the development of new homes and the regeneration of existing estates; provide high-quality new homes; and, iii. To build a shared evidence base for building current and future housing needs across a range of tenures; b. Neighbourhoods and Community Safety:
Page 15
i. To collaborate to review and develop improved shared housing management practice and community engagement models based on resident defined neighbourhood; and, boundaries, specifically considering the Council’s new neighbourhood working model. ii. Complementing the Lambeth Made Safer Environments and Public Places/Response and Support workstream to work together to tackle violence across the community; and, c. Homelessness, Health and Resilience: i. Collaborate to develop access routes for vulnerable households to access housing advice and support services/supported housing, health & advice, employment, and skills, focusing on supporting residents in post covid recovery.
Governance of the LHP 2.4 Lambeth RP members remain subject to the Regulatory Social Housing regulatory framework, and RP boards retain primary responsibility for determining the strategy and direction of their businesses.
2.5 The establishment of the LHP is intended to harness the skills, experience and resources of all parties around a set of agreed outcome based workstreams to deliver mutually agreed housing and related objectives.
Steering Group 2.6 The LHP Steering Group (SG) meets quarterly and was established to monitor and further improve the MoU, as well as to oversee the implementation of the LHP strategy, by providing the following: a. Leadership, strategic oversight and direction to the LHP; b. Coordination of activities through either direct leadership of the priority workstreams or support to workstream leaders; c. Review and accept recommendations from the LHP work streams; d. Appraise the impacts of outcomes on Borough Plan, Lambeth and local housing markets; e. Ensure consistency with the wider programme of activity as set out in the MOU; and, f. Provide proactive management of the timescales within the plan.
2.7 The partnership programme is reviewed on a three-month basis by Lambeth Council and Lambeth RPs to ensure the work programme and aims are delivered within the timescales set.
Figure 1.1. Structure of the partnership
Page 16
3. FINANCE 3.1 There are no financial implications arising from this report.
4. LEGAL AND DEMOCRACY 4.1 No comments arise from this report.
4.2 There were no further comments from Democratic Services.
5. CONSULTATION AND CO-PRODUCTION 5.1 Prior to the formation of the Lambeth Housing Partnership, Lambeth Council requested that Savills conduct an independent review of the Council's current relationships with its RP partners. This would be accomplished through a series of conversations with Lambeth RPs to identify barriers to more effective partnership working and opportunities to reframe structures and relationships to provide better outcomes for residents.
5.2 Savills’ approach was to schedule face-to-face or telephone calls with CEOs, and relevant senior leaders, of the top 10 RP landlords by the scale of stock in Lambeth. Savills also arranged telephone/face-to-face interviews with key Council officers to explore the Council’s experience of working with RP partners, and views on the potential for change.
5.3 Savills facilitated a round-table discussion with RP partners and Council officers to share the review findings and discuss future opportunities to strengthen partnership working.
6. RISK MANAGEMENT 6.1 The risks associated with the delivery of various projects and initiatives via the workstreams will be assigned to project owners and documented in the appropriate departmental/divisional risk registers.
Table 6.1 – Risk Register Item Risk Likelihood Impact Score Control Measures All partners agree to the Poorly defined shared vision shared vision of the 1 2 2 4 and objectives for LHP partnership as documented in the MoU. LHP have defined the collaborative benefits of Collaborative benefits for working together and the 2 working together not clearly 2 2 4 processes required to defined ensure a successful partnership. The LHP is dynamic to Changes in policy within the respond to potential policy government and/or partner 3 2 2 4 and government changes, organisations that impact the and it is reviewed regularly delivery of the partnership. by the programme lead. Lack of effective and A programme lead is 4 consistent leadership for the 1 2 3 assigned to the LHP to partnership
Page 17
facilitate and lead all assigned workstreams. Key stakeholders were involved in the development and Failure to engage key implementation of LHP. 5 2 2 4 stakeholders However, to communicate ongoing benefits, a communication strategy must be developed. Continued engagement with partners on the LHP is critical to ensuring Relationship with LHP partners continued buy-in from all 6 deteriorates and/or partner 1 4 5 key stakeholders, as failure withdraws to do so could jeopardise the long-term partnership objectives. The LHP lead will constantly monitor the risk, and an alternative strategy 7 Withdrawal of LHP Partner 1 4 5 will be developed in the event that an RP partner withdraws.
Key Likelihood Very Likely = 4 Likely = 3 Unlikely = 2 Very Unlikely = 1 Impact Major = 8 Serious = 4 Significant = 2 Minor = 1
7. EQUALITIES IMPACT ASSESSMENT 7.1 Not applicable as this report offers an overview of the Council’s strategic relationship with key Registered Providers, and the Partnership Programme is integrated into existing Council strategies that are individually assessed. However, the LHP will have significant positive implications on overcoming social and economic barriers for Lambeth Residents.
8. COMMUNITY SAFETY 8.1 One of the key workstreams focuses on community safety as a key strategic priority to promote social cohesion and the reduction of violence impacting children and young people as well as anti- social behaviour.
9. ORGANISATIONAL IMPLICATIONS Environmental 9.1 It is intended that the partnership will take into account the Council's 2030 net-zero carbon targets and the environmental impact of housing development and regeneration on its residents.
9.2 A detailed list of environmental implications can be found on the Corporate Carbon Reduction Plan: Becoming a Carbon Neutral Council by 2030, noted in the list of background documents below.
Page 18
Health 9.3 As stated in the Housing Strategy 2017-20, housing impacts both mental and physical health. Homelessness, Health, and Resilience is a workstream that has been created to address how partners can improve their collective approach to supporting resident health and wellbeing, particularly in light of Covid-19.
Corporate Parenting 9.4 Not Applicable.
Staffing and accommodation 9.5 Not Applicable.
Responsible Procurement 9.6 Not Applicable.
10. TIMETABLE FOR IMPLEMENTATION 10.1 Not Applicable.
Page 19
AUDIT TRAIL
Date Comments in Name and Position/Title Lambeth Directorate Date Sent Received paragraph: Cabinet Member for Councillor Maria Kay Housing and 18.06.21 22.06.21 Homelessness Bayo Dosunmu: Strategic Director for Resident Resident Services 23.06.21 23.06.21 Services Neil Eusden: Director Housing for Resident Resident Services 18.06.21 18.06.21 Services Lynette Peters: AD for Housing, Strategy, Resident Services 18.06.21 18.06.21 Performance & Partnerships Andrew Ramsden, Finance Finance and Property 23.06.21 23.06.21 David Thomas, Legal Legal and Governance 23.06.21 23.06.21 4 Services David Rose, Democratic Legal and Governance 18.06.21 21.06.21 Services
REPORT HISTORY
Original discussion with Cabinet Member 27.04.2021 Report deadline 23.06.2021 Date final report sent 23.06.2021 Part II Exempt from Disclosure/confidential No accompanying report? Key decision report No Date first appeared on forward plan N/A Key decision reasons N/A Future Lambeth: Our Borough Plan Lambeth Made Safer Strategy -2020-21 Background information Corporate Carbon Reduction Plan: Becoming a Carbon Neutral Council by 2030 Housing Strategy -2017-2020 Appendices Appendix A – LHP Memorandum of Understanding
This page is intentionally left blank Page 21
Lambeth Housing Partnership
Lambeth Housing Partnership Memorandum of Understanding
January 2020
Lambeth Housing Partnership – Memorandum of Understanding January 2020 1 Page 22
Lambeth Housing Partnership
Contents
1. Introduction 3 2. Vision 4 3. Principles 5 4. High Level Objectives 6 5. High Priority Work Streams 7 6. Leadership and Delivery Arrangements 8 7. MoU Governance Arrangements 9 8. Review 9 9. Signatories 10
Lambeth Housing Partnership – Memorandum of Understanding January 2020 2
Page 23
Lambeth Housing Partnership
1. Introduction
Andrew Travers (CEO – Lambeth Council), Councillor Paul Gadsby (Cabinet Member for Housing), and the Lambeth leadership team want to build strong partnerships between public, private and third sector organisations in the borough. Partnership is more important than ever and by working together we can provider better services, innovation, and investment.
The creation of the Lambeth Housing Partnership will help us work more closely together to find more effective and cost efficient ways of providing services and collaborating to deliver the objectives of the Borough Plan.
This understanding (MoU) is between:
Lambeth London Borough Council London and Quadrant Housing Trust Metropolitan Thames Valley Network Homes Notting Hill Genesis Optivo The Hyde Group The Guinness Partnership Limited The Peabody Group Wandle Housing Association Ekaya Housing Association
This MoU sets out how Lambeth London Borough Council (the Council) will work in partnership with local Registered Providers (Lambeth RPs) through the Lambeth Housing Partnership (LHP).
The MoU includes a ‘Lambeth Housing Partnership Plan’ (LHPP) that will be completed by March 2022 which will set out the enhanced strategic outcomes and delivery resulting from deeper collaborative working. The plan also captures the enhanced outcomes and outputs that both parties will make to meeting needs and aspirations in future, whilst providing scale and flexibility in order to respond to future local challenges.
All Parties agree to act in good faith to support the objectives and principles of this MoU for the benefit of all Lambeth residents. All Parties to this MoU recognise that individual Housing providers will take decisions on the extent of their role in implementing the LHPP in line with Section 7 of the MoU.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 3
Page 24
Lambeth Housing Partnership
2. Vision
Future Lambeth: Our borough plan is the council and our partners' vision and priorities up to 2021, building on the enormous improvements that have been made across Lambeth in recent years.
It sets out three strategic priorities that all partners will work towards in order to make Lambeth a stronger, fairer and more prosperous borough. The Plan sets out our three priorities:
Creating inclusive growth: We want all of Lambeth to benefit from the investment and regeneration of the Borough
Reducing inequality: We want to take action to address inequalities across the borough including issues to do with health, job opportunities and quality of life
Building strong and sustainable neighbourhoods: We want to maintain safe, clean and cohesive communities across the borough
The Borough Plan is about working in partnership to ensure that Lambeth is a great place for everyone. The Council commits and describes its vision for the future partnership working of RPs working across Lambeth as:
Enable Growth and development in the borough. This will provide opportunities for our residents to improve their life chances and make best use of our core revenue streams to help our most vulnerable and our key services.
Ensure that the benefits of growth increase community Resilience, and that we target our investment in early help and preventative services.
Reform the way we commission and deliver services with partners to provide and promote care and Independence.
Promote and support Lambeth as a Place where people want to live, work and invest.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 4
Page 25
Lambeth Housing Partnership
3. Principles
The delivery of the joint vision will be based on the following principles agreed jointly between Lambeth Council and RP partners:
1. There is a shared commitment to collaboration to create and deliver the outcomes set out in the Lambeth Housing Partnership Plan.
2. We will, subject to GDPR limitations, collaborate to share intelligence and insight, skills, (and by agreement), financial and human resources to deliver greater outcomes in support of the Borough Plan and LHPP. Digital services will be a key enabler to delivering objectives.
3. Spending decisions relating to LHP will be evidenced based and outcomes focused, to deliver real improvements to residents and communities throughout Lambeth.
4. Partners share a commitment to collaborate to deliver services, programmes and interventions to reduce inequality, support vulnerable people, and prevent homelessness in the borough through the provision of suitable and affordable homes.
5. Ensuring our residents have safe and secure homes is at the heart of the mission of all members of the LHP. Partners are therefore committed to collaborating to improve service outcomes and value for money for residents, recognising the pressures on all landlords’ business plans in balancing investment in existing stock and neighbourhood services, whilst increasing the supply of new homes.
6. Partners are committed to collaborating to make the Borough a safer place, by reducing violence in all its forms with a focus on serious youth crime. Tackling the causes of anti-social behaviour and making community spaces places where people can enjoy a good quality of life.
7. Partners share a desire to aim to using, conserving and enhancing the community's resources so that the total quality of life, now and in the future, can be increased without compromising the health of the environment.
8. Partners will work together to create opportunities for training and employment for young people and adults, to reduce inequality of access.
9. The overall quantum of affordable housing including homes at social rent levels, will increase across Lambeth, notwithstanding external political, legislative and market forces beyond its control.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 5
Page 26
Lambeth Housing Partnership
10. Partners support meeting aspirations as well as need through the creation of pathways to homes of all tenures and financial incentives which remove the barriers, with a focus on Welfare Reform, for lower income groups to be able to operate in the market.
These principles reflect the vision of the LHP and do not supersede the stated aims and principles of individual RPs.
4. High Level Objectives
The following High Level Objectives seek to create social value to area of Lambeth and will be further developed through this MoU:
Inclusive Growth
To explore ways to deliver increased investment and regeneration in the borough, ensuring this creates benefits for residents and communities.
To build on the work RPs do in leveraging the existing asset base, to support delivery of increased new home supply of homes for sale and rent to cross subsidise the provision of affordable housing including homes for social rent.
Leverage the collective asset base and financial capacity of partners to sustain and increase the supply of homes, recognising the independence of individual members, through increased efficiency through collaboration, to secure increases in the supply of homes of all tenures, with an emphasis on affordable homes for rent and sale.
To identify opportunities to leverage external funding (including GLA and central government) to invest in infrastructure, transport and housing in the borough, in support of the Lambeth Plan.
To deliver homes which meet the needs and aspirations of a growing economy and population which is located in the right place, at the right time, and for the right price.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 6
Page 27
Lambeth Housing Partnership
Reducing Inequalities
To create education and training opportunities.
To address homelessness through integrating housing and health policy and practice with an emphasis on prevention.
To provide support to families and households who are most impacted by Welfare Reform by helping to secure a pathway for them to increase self-reliance and get into employment.
Strong Sustainable Neighbourhoods
To support neighbourhood and place based working to ensure investment and a high quality neighbourhood management in areas experiencing social, physical, environmental and economic stress.
To drive up the quality of housing in Lambeth through reinvestment in the existing housing stock, the provision of high quality new build and collaborative interventions where necessary in the low value Private Rented Stock.
To work with residents to understand what the important attributes of a community contribute to empowering its members and providing community resilience and capacity.
To work together to tackle violence and make Lambeth’s communities places where people can enjoy a good quality of life.
5. High Priority Work Streams
In support of the above objectives a number of high priority workstreams have been identified which will provide the foundations for the Lambeth Housing Partnership Plan including:
Growth and Housing Need: Explore opportunities for partnership working to deliver the Council's housing growth objectives. To identify opportunities development of new homes and regenerate existing estates; provide high quality new homes.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 7
Page 28
Lambeth Housing Partnership
To build a shared evidence base for building for current and future housing needs across a range of tenures. The process could provide a platform for political engagement on the short, medium and long term needs of the borough and to inform the next update of the Local Plan.
Neighbourhood and Community Safety: To collaborate to review and develop improved shared housing management practise, including allocations, and community engagement models based on resident defined neighbourhood boundaries. Working together to tackling domestic and street violence. Health and Housing Stability: Collaborate to develop access routes for vulnerable households to access to homeless advice and support services/supported housing, health advice, employment and skills.
6. Leadership and Delivery Arrangements
The MoU provides clarity around how partnership arrangements between Lambeth Council and Lambeth RPs will be structured to limit the duplication of effort and simplify communication.
The shared high-level objectives will drive a defined programme of activity across different Workstream groups which will continue to evolve respond to opportunities as they arise.
Participation in all work-stream groups is not mandatory, and providers will self-select in according with their expertise, and the scale and nature of their operations.
LHP members will self-assess their category of participation in Workstream groups based around three definitions, and in doing so will determine their level of membership to this MoU:
Lead: where a Housing provider takes the lead in an LA area or a service area and provides strategic direction around resource requirements to support the MoU objectives.
Support: To be a contributing organisation at a local level or have significant expertise in a specialist service area.
Other: Smaller scale or specialised Housing provider which will participate in areas of activity of relevance to their core objectives and business activity.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 8
Page 29
Lambeth Housing Partnership
7. MoU Governance Arrangements
It is recognised that different ways of working will be required to achieve the transformational ambitions shared by LHP partners. Governance of the LHP will operate in the following context:
Lambeth RP members will remain within the RSH regulatory framework; RP Boards will retain their core role of determining the strategy and direction of their businesses; The introduction of LHP is intended to harness the skills, experience and resources of all parties around a set of agreed outcome based workstreams to deliver mutually agreed housing and related objectives.
A Steering Group (SG) of lead representatives will be established to monitor and further develop the MoU, and to oversee the delivery of the LHPP by providing:
Leadership, strategic oversight and direction to the LHPP; Coordination of activities through either direct leadership of the priority work streams or support to work stream leaders; Review and accept recommendations from the LHPP work streams; Appraise the impacts of outcomes on Borough Plan, Lambeth and local housing markets; Ensure consistency with the wider programme of activity as set out in the MOU; Provide proactive management of the timescales within the plan.
Associate members will be sought for consultation and input as and when required or requested.
8. Review
The MoU will be reviewed on a three monthly basis by Lambeth Council and Lambeth RPs to ensure the work programme aims are delivered within the timescales set out.
Lambeth Housing Partnership – Memorandum of Understanding January 2020 9
Page 30
Lambeth Housing Partnership
9. Signatories
Lambeth London Borough Council ……………….. London and Quadrant Housing Trust ……………….. Metropolitan Thames Valley ……………….. Network Homes ……………….. Notting Hill Genesis ……………….. Optivo ……………….. The Hyde Group ……………….. The Guinness Partnership Limited ……………….. The Peabody Group ……………….. Wandle Housing Association ……………….. Ekaya Housing Association ………………..
Lambeth Housing Partnership – Memorandum of Understanding January 2020 10
Page 31 Agenda Item 4
HOUSING SCRUTINY SUB-COMMITTEE 06 JULY 2021
Report title: Private Sector Enforcement and Regulation
Wards: All
Portfolio: Cabinet Member for Housing and Homelessness: Councillor Maria Kay
Report Authorised by: Bayo Dosunmu: Strategic Director for Resident Services
Contact for enquiries: Sandra Roebuck, Director of Infrastructure and Capital Delivery, 020 7926 2594, [email protected]
REPORT SUMMARY
This report provides an overview of the activity undertaken in relation to the private rented sector.
FINANCE SUMMARY
There are no financial implications arising from this Housing Scrutiny Sub-Committee report.
RECOMMENDATIONS
1. To note the report and appendices, as this paper provides an update on progress the following specific areas have been identified: a. Landlord Licensing Scheme; b. Rogue landlords and Inspections; c. Rogue Landlords and Fines; and, d. Private Renters’ Charter.
2. To note proposals to report back on 01 March 2022.
Page 32
1. CONTEXT 1.1 The Private Sector Enforcement and Regulation Service promotes and enforces standards in private homes (includes Registered Provider homes) and covers the following services and activities: a. Reactive Complaints (requests for service) about housing conditions and overcrowding private renters, social tenants and owner/occupiers. b. Emergency Reactive Complaints (requests for service) about housing conditions - private renters, social tenants and owner/occupiers. c. Public Health and Nuisance: i. Accumulations of refuse on private land. ii. Harbourage for pests on land in in homes - private renters and owner/occupiers. iii. Drains and sewers in private ownership. iv. Pests in private rented accommodation. v. Reports of housing related issues between dwellings, e.g. damp/leaks affecting neighbours - private renters, social tenants and owner/occupiers; and, vi. Filthy and Verminous property - private renters, social tenants and owner/occupiers. d. HMOs (private rented sector): i. Reporting unlicensed HMOs. ii. The licensing of mandatorily licensable HMOs. iii. Enforcement in licensed HMOs. iv. Proactive identification of HMOs; and, v. Maintaining Public Registers of HMOs and temporary exemptions from licensing. e. Rent Repayment Orders (RRO) - We offer advice to private sector tenants about how to apply for a Rent Repayment Order. f. Immigration Inspections (all tenures) - Inspecting the standards of homes subject to person wishing to emigrate to the UK. g. BABIE Inspections (now known as STS) - Bed and Breakfast Information Exchange – now known as Setting the Standard. Inspections of properties used for temporary accommodation in the borough to ensure they meet standards. h. cladding and Fire Safety in High Rise Buildings (privately owned tower blocks containing flats): i. Survey and identification of affected blocks. ii. Liaison with owners, agents and other interested parties. iii. Updating Delta (the MHCLG information portal); and, iv. Enforcement where required (at survey stage and to achieve compliance); and, i. Empty Homes Service - We monitor and use powers to bring private empty homes back into use.
1.2 Included with this paper is a reference guide on the work the Private Sector Enforcement and Regulation Team does.
1.3 With regard to tenants of Registered Providers (Housing Associations), these have their own internal complaints process and where their tenants are unsatisfied with this response, they have recourse to the Housing Ombudsman (https://www.housing-ombudsman.org.uk/). It is our policy that we would expect tenants of Registered Providers to exhaust these processes before we will intervene. This allows the Council to target their limited resources on tackling rogue landlords in the private sector as private tenants don’t have the same recourse to a Housing Ombudsman as social tenants have. The Council have in place an online reporting form for tenants wishing to make a request for service about their housing conditions - www.lambeth.gov.uk/dealing-with- problems-in-rented-properties This form guides social housing tenants through this policy. The exception to this policy is where there is an imminent risk to health and/or safety, such as
Page 33
sewerage within the home, rat infestations, a lack of drinking water, dangerous electrics etc. In these cases, we will always look to respond within one working day.
1.4 Improving conditions in the PRS is a major focus for the Council. The Council has stated that it will: a. expand our landlord licensing scheme to double the number of HMOs covered. b. name, shame and prosecute rogue landlords who fail to provide decent homes, doubling the number of inspections of private rented homes over the next four years so dodgy landlords have nowhere to hide. c. use powers to levy fines of up to £30,000 and to ban rogue landlords from operating in Lambeth. d. introduce a new private renters’ charter setting out renters' rights and Lambeth's powers to intervene.
1.5 This paper provides an update on progress in meeting these commitments and a review of performance in relation to KPIs and financial targets.
Designation Report – Proposed Additional Licensing Scheme of Houses in Multiple Occupation for the London Borough of Lambeth’– Cabinet Member Delegated Decision.
1.6 The Infrastructure and Capital Delivery team are supporting the delivery of the Designation Report –Proposed Additional Licensing Scheme of Houses in Multiple Occupation for the London Borough of Lambeth’ via Cabinet Member Delegated Decision which aims to deliver from the consultation Proposed Additional Licensing Scheme for Houses in Multiple Occupation for the London Borough of Lambeth – Consultation Report (consultation). This decision was added to the Forward Plan on 07 June 2021 and is due for decision after 6 July 2021. In particular this report will aim to: a. Summarise the findings of the consultation and propose any changes as a result to the licensing. b. Request approval of a new suite of conditions to be attached to Licences c. Request approval of a new Enforcement Policy to support licensing and wider enforcement d. Request approval of the fee and discount structure e. Request approval for the new HMO Amenity Standards f. Seek approval to expand our licensing scheme. (If approved, there is a 3-month cooling off period before additional measures can be implemented).
2. PROPOSAL AND REASONS Summary of Achievements. 2.1 In summary the following has been achieved this financial year: a. launched a consultation on proposals to introduce Additional Licensing of Houses in Multiple Occupation, which if approved will require every operator of an HMO in the borough (over 5,000) to license it with Lambeth b. began the work needed to consider the introduction of Selective Licensing (licensing of private rented homes that aren’t HMOs). c. exceeded our revenue target for HMO licensing, bringing in £214,000 against a target of £200,000. d. introduced new licensing software and back-office database to make it quicker and more efficient for applicants to apply and pay for their licences, whilst significantly reducing the processing time needed to deal with licences. e. ramped up our enforcement activity: i. served 208 enforcement notices, against a target of 30 enforcement notices for the year.
Page 34
ii. issued five (5) civil penalties for a variety of housing offences worth an additional £60,000 in revenue to Lambeth. iii. carried out a raft of Works in Default (where Lambeth do the works landlords were supposed to do) and issued invoices to reclaim those costs. iv. prosecuted one rogue landlord for multiple housing offences. and, v. dealt or are dealing with seven (7) appeals against enforcement action taken by the service. f. introduced a Renters Charter providing a one stop source of information for private renters in Lambeth about their rights and responsibilities - www.lambeth.gov.uk/your-renting-rights; g. taken on the Empty Homes Service and restructured it so that it can act quickly to secure and clear empty homes at risk of vandalism, squatting and anti-social behaviour. h. adapted the Service to operate under the umbrella of Covid-19 restrictions, resulting in a more efficient service that is still able to respond and improve homes. i. the service had made 382 homes safer and healthier to live in, exceeding our annual target of 220 homes improved. j. the Service is now entirely operating as a remote service. k. taken on two significant enforcement cases (Dorchester Court (privately owned) and the St Martins Estate (owned by housing associations)). Combined, these blocks of flats provide homes for over 1,400 households. Each is presenting significant issues to residents in terms of health and safety, with a lack of intervention for several years (in the case of Dorchester Court over a decade); and, l. introduced a High-Rise Taskforce (using existing resources) to tackle privately owned high- rise blocks with dangerous cladding. Taken enforcement on two (2) out of three (3) buildings with dangerous ACM cladding (the third has already remediated). Completed and reported back to the Ministry of Housing, Communities and Local Government on a survey of non- ACM clad buildings. Risk rated the non-ACM clad buildings and are programming inspections and interventions on the highest risk buildings.
Progress towards meeting the Council’s commitments – Landlord Licensing Scheme 2.2 We will expand our landlord licensing scheme to double the number of HMOs covered.
How is this being met? 2.3 This is being met to two ways, increasing the number of HMO licences the service is targeted with issuing and exploring using discretionary powers to introduce Additional HMO Licensing, which can seek HMOs not covered by the mandatory HMO licensing (something every English local authority has to do).
Progress 2.4 The target for the number of licences issued was significantly raised to 200 licences in 2018/19. The services performance is as follows: a. 2018/19 - 84 licences issued (includes an estimate for Quarter 4), against a target of 200; b. 2019/20 - 205 licences issued against a target of 200; and, c. 2020/21 - 199 licences have been issued, just falling shy of our annual target of 200. Even though there has been a significant impact due to Covid-19, the service has effectively managed to meet the annual target.
2.5 Significant resources have been utilised to bring forward proposals to introduce Additional HMO Licensing. This resulted in a consultation being launched on the proposals on the 18 December 2020, which ended on 12 March 2021. If approved a scheme is likely to be in place by September/October 2021. This is a significant achievement and involved: a. a completely new set of licensing conditions that better meets the desire to see homes improved in the borough. This includes a condition requiring licence holders to respond to
Page 35
infection outbreaks in the HMO, which is a direct result of the issues faced by tenants of HMOs due to Covid-19. Believed to be the first of its kind in the country. b. a new set of standards for HMOs, which set out the room sizes, requirements for amenities and other expectations of operators of HMOs. c. the introduction of a bespoke piece of software to manage the licensing application process. This will ensure we can ramp up our action, streamline the application process and maximise revenue; and, d. introduced a new online reporting form to report suspected unlicensed HMOs.
Moving Forward 2.6 The following steps have been proposed for moving forward: a. KPI – the KPI for 21/22 has been increased to 250 licences issued. However, this will need to be reviewed again if the proposed Additional HMO Licensing scheme is introduced. b. the evidence for proposals to introduce Selective Licensing (the licensing of privately rented homes that aren’t HMOs) is now being analysed to see where in the borough schemes could be introduced. Any proposals will be brought forward in early 2021/22; and, c. we will grow our pro-active targeting programme for HMOs and mailshot owners and tenants of suspected HMOs to encourage landlords to licence their HMO and tenants to report an unlicensed HMO.
Progress towards meeting the Borough Plan commitments – Rogue landlords and Inspections 2.7 We will name, shame and prosecute rogue landlords who fail to provide decent homes, doubling the number of inspections of private rented homes over the next four years so dodgy landlords have nowhere to hide.
How is this being met? 2.8 This is being met in two ways; by increasing the number of prosecutions taken by Service and increasing the numbers of inspections carried out of privately rented homes.
Progress 2.9 A target of 12 prosecutions/Civil Penalties to be taken/issued by the service was introduced in 2018/19. A Civil Penalty can be issued as an alternative to prosecution for certain housing related offences. The services performance is as follows: a. 2018/19 – 3 prosecutions were taken, against a target of 12. b. 2019/20 – 5 prosecutions were taken and 1 Civil Penalty was issued against a target of 12. c. 2020/21 – 1 prosecution and 5 Civil Penalties have been issued, with more in the pipeline. Levels have been significantly affected by Covid-19.
2.10 A target of 600 inspections of privately rented homes (which includes HMOs) was introduced in 2018/19. The services performance is as follows: a. 2018/19 – 614 inspections against the target of 600 (includes an estimate for Quarter 4) b. 2019/20 – 764 inspections against the target of 600 c. 2020/21 – 144 inspections against a target of 600. The Service has been severely fettered by the effects of Covid-19 and as result has stopped all inspections of HMOs prior to the issuing of licences and will only inspect where there is an imminent risk to health and safety of the public.
Moving Forward 2.11 Two new KPIs are being introduced which better reflect the Council’s commitments in this area, being:
Page 36
a. Supporting our zero-tolerance approach to criminal landlords by assessing every criminal investigation against the public evidential tests within 90 working days of the date of breach/offence: i. Officers have now been trained in how to issue Civil Penalties and how to conduct criminal investigations. This new KPI will therefore result in an increase of the number investigations completed and therefore turned into a prosecution or the issuing of a civil penalty. b. Promote success and highlight our zero-tolerance approach to criminal landlords by publicising all successful civil penalties issued, rent repayment orders made, appeals defended or prosecutions taken. i. This new KPI really focuses the service on ensuring that all its enforcement successes are widely publicised to promote the work of the service and publicly discourage landlords from committing offences.
2.12 We will continue to monitor the number of inspections carried out however, partly due to the ongoing impact of Covid-19, a new KPI has been introduced that demonstrates the services commitment towards a more enforcement led service, being: a. To support our vision of becoming an enforcement led agency, increase the number of enforcement notices/orders issued. i. We have set ourselves an ambitious target of 200 Notices/Orders being issued to reflect the commitment to ridding Lambeth of rouge landlords.
Progress towards meeting the Borough Plan commitments – Rogue Landlords and Fines 2.13 Use our powers to levy fines of up to £30,000 and to ban rogue landlords from operating in Lambeth.
How is this being met? 2.14 This is being met by issuing civil and financial penalties or applying for Banning Orders where it is appropriate to do so. A Banning Order is an order that bans someone from being a landlord/managing agent for a defined period of time. Only a Tribunal can issue these. The LA makes an application to the Tribunal to do so. This can only be applied for in very specific cases.
Progress 2.15 There has been a need to introduce a new framework in the service for issuing civil and financial penalties. Officers have now been trained and new procedures and guidance introduced to support these. This has resulted in 6 Civil Penalties being issued, 5 of which have been issued in this financial year.
2.16 This marks a significant achievement for Lambeth. Civil penalties have been available since 2016 and because of the re-focus on enforcement, 2020/21 marks the year when Lambeth really begins to tackle rouge landlords.
2.17 There haven’t yet been any cases that were appropriate to consider the application for a Banning Order. However, Lambeth will apply for a Banning Order when a suitable case comes forward.
Moving Forward 2.18 In order to provide the foundation for the framework for the issuing of Civil and Financial Penalties already introduced and to ensure that there is an adopted policy for using Banning Orders it is necessary to review and revise the Enforcement Policy for the service. This will solidify the legal and policy grounds that Lambeth can use to support their enforcement work. This will be brought before Cabinet for approval in 21/22 and will also support the changes in the Licensing work and
Page 37
enforcement approach of the Council. An initial draft of this new policy has already been written and will be brought to CMB for consideration.
2.19 As set out above new KPIs are to be introduced that support the use of Civil and Financial Penalties and other enforcement work.
Progress towards meeting the Borough Plan commitments – Private Renters’ Charter 2.20 We will introduce a new private renters’ charter setting out renters' rights and Lambeth's powers to intervene.
Progress 2.21 A comprehensive charter has been produced and agreed. This has been added to the website as an interactive guide here - www.lambeth.gov.uk/your-renting-rights.
2.22 A designed and printable pdf version of this is also available and provided with this briefing note.
Moving Forward 2.23 A single point of contact for users wishing to get more advice on their rights and responsibilities is being procured to deliver a ‘one stop’ contact point for users.
3. FINANCE 3.1 In 2019/20 over £261,000 of income was achieved by the service. This included approximately £75,000 of recovered licence income that had been not been invoiced for, in previous years. In 2020/21 we have met and exceeded the target for the year, bringing in £214,000.
3.2 However, this doesn’t demonstrate the breadth of revenue sources for the service. The service is also able to achieve revenue from Civil Penalties, WID and charges for enforcement. The chart below sets out where the revenue is achieved:
Revenue for 2020/21 £70,000
£60,000
£50,000
£40,000
£30,000
£20,000
£10,000
£0 Septemb Novemb Decemb April May June July August October January February March er er er HMOs £8,275 £64,386 £0 £7,502 £21,002 £9,369 £30,943 £16,035 £39,405 £0 £0 £17,111 WID £0 £0 £0 £0 £0 £0 £0 £6,317 £542 £0 £0 £0 CPN £0 £0 £24,500 £0 £0 £0 £0 £0 £35,000 £0 £0 £0 Other £0 £0 £1,894 £0 £0 £1,144 £0 £0 £0 £0 £0 £0
HMOs WID CPN Other
Page 38
3.3 Please note that the lack of licensing revenue in January and February reported was due to the introduction of new software.
4. LEGAL AND DEMOCRACY 4.1 The legal powers to take action in respect of housing standards are set out in the Housing Act 2004: Chapter 1: enforcement of housing standards; Chapter 2: Improvement Notices, Prohibition Orders and Hazard Awareness Notices; Chapter 3: Emergency measures; and, Chapter 5, Part 2: Licensing of houses in multiple occupation; and, Part 3: Selective licensing of other residential accommodation etc.
4.2 The Housing and Planning Act 2016 introduced powers to enable to Council to tackle rogue landlords in part 2 of chapter 2 of that act. Banning Order offences are set out in regulations under the Act and apply to amongst other offences, unlawful eviction and harassment of an occupant (Protection of Eviction Act 1977); Violence for securing entry (Criminal Law Act 1977); Failing to comply with Improvement Notice, Prohibition Order, offences in relation to licencing of a HMO, Contravention of Overcrowding Notice, False and Misleading Information (Housing Act 2004); Fire Safety offences (Regulatory Reform (Fire Safety) Order 2005); Gas Safety Offences (Health and Safety at Work etc Act 1974); Residential Tenancies – Landlord offences (Immigration Act 2014); Fraud (Fraud Act 2006) etc.
4.3 There were no additional comments from Democratic Services.
5. CONSULTATION AND CO-PRODUCTION 5.1 The licensing proposals were recently the subject of consultation as described in the report above. any further extension of licensing will also be the subject of consultation prior to any changes being made.
6. RISK MANAGEMENT 6.1 There are no risks arising from this report.
7. EQUALITIES IMPACT ASSESSMENT 7.1 An EIA was completed as part of the preparation of the CMDDR. It was presented to the EIA panel and will be published in due course.
8. COMMUNITY SAFETY 8.1 A series of case studies are attached to this report that illustrate the impact on community safety.
9. ORGANISATIONAL IMPLICATIONS Environmental 9.1 A series of case studies are attached to this report that illustrate the impact on environmental.
Health
Page 39
9.2 The work in relation to the private rented sector seeks to improve the quality of living accommodation for a large and increasing population who wish to live in the borough. Housing is widely known to be a key contributor to health and well-being.
Corporate Parenting 9.3 The work in relation to the private rented sector seeks to improve the quality of living accommodation for care leavers and other young people in the Borough.
Staffing and accommodation 9.4 Not applicable from this report.
Responsible Procurement 9.5 This report does not include any proposals for procurement, so this section is not applicable.
10. TIMETABLE FOR IMPLEMENTATION 10.1 Not applicable.
Page 40
Audit Trail Date Comments in Name and Position/Title Lambeth Directorate Date Sent Received paragraph: Cabinet Member for Councillor Maria Kay Housing and 25.06.21 28.06.21 Homelessness Bayo Dosunmu, Strategic Resident Services 25.06.21 28.06.21 Director Andrew Ramsden, Finance Finance and Property 25.06.21 28.06.21 Greg Carson, Legal Legal and Governance 28/06/21 28/06/21 4.1 & 4.2 Services David Rose, Democratic Legal and Governance 24.06.21 25.06.21 Services
Report History Original discussion with Cabinet Member 12.04.21 Report deadline 24.06.21 Date final report sent 28.06.21 Part II Exempt from Disclosure/confidential No accompanying report? Key decision report No Date first appeared on forward plan N/A Key decision reasons N/A Background information N/A Appendix A – Private Sector Enforcement and Regulation Service Appendix B – Tenants Charter Appendices Appendix C – Progress against Key Performance Indicators Appendix D – Case Studies
Private Sector Enforcement and Regulation Service
Service Description Guidance
Reactive Complaints Responding to private sector tenant’s requests for service In general a HMO is a building occupied by three (requests for on housing conditions (standards and disrepair) and or more people living in two or more households service) about overcrowding. This can be in Houses in Multiple (being a cohabiting couple or a family) where they housing conditions Occupation (HMOs) or single family dwellings. share one or more amenities (e.g. a bathroom or and overcrowding kitchen) Responding to social housing tenants (housing association tenants) requests for service on housing conditions For requests for service about standards and (standards and disrepair) and overcrowding. This can be in repairs we have an online reporting form to Houses in Multiple Occupation (HMOs) or single family complete (private and social). The form Page 41 dwellings. Only carried out where the tenant can show provides guidance and methods for they have exhausted their own complaints system, protecting the tenant rights - including housing ombudsman. https://www.lambeth.gov.uk/housing/living- in-rented-accommodation/dealing-with- problems-in-rented-properties
Emergency Reactive Where a private sector tenant is complaining about a Examples would be: Complaints situation that could seriously affect their health or safety. (requests for Sewage in the home service) about Dangerous electrics housing conditions Structural collapse or falling parts of the building Rotten floors Gas leaks Complex rental There is a variety of rental models in play in London, which models the team deal with:
Page 1 of 6
Service Description Guidance Rent to Rent – landlord rents to a tenant who in turn sub-lets creating a HMO
Beds to Rent – often bunk beds in rooms and the bed is rented
Beds in Sheds – the renting of structures (usually in back gardens) or garages.
Guardians – empty buildings (commercial and residential) occupied by short term letters to act as
‘trespass prevention’ Page 42
Flatlets – standard rooms in a home converted to small flatlets with a shared kitchen (to avoid planning) and rented to over 35’s on universal credit to attract the studio flat rate of Local Housing Allowance (LHA)
Co-living – tenant matching service for shared HMOs
Mixed use – commercial (such as air bnb) mixed with room rents.
Public Health and Accumulations of refuse on private land Nuisance Harbourage for pests on land in in homes - private Harbourage – overgrown land, or renters and owner/occupiers accumulations of putrefied matter, e.g. vegetation/animal products
Drains and sewers in private ownership
Page 2 of 6
Service Description Guidance
Pests in private rented accommodation
Reports of housing related issues between dwellings, e.g. damp/leaks affecting neighbours - private renters, social tenants and owner/occupiers
Filthy and Verminous property - private renters, social Filthy and Verminous – where someone is tenants and owner/occupiers and/or lives in conditions that are severely dirty and unhygienic, which might also involve the presence of pests, such as mice, rats, cockroaches, bedbugs, etc. This situation is
often linked to the mental health condition of Page 43 hoarding, where someone is compelled to collect either multiple types of things and or very specific items and can’t dispose of them.
HMOs Reporting unlicensed HMOs Online reporting an unlicensed HMOs - www.lambeth.gov.uk/forms/report-an- The licensing of mandatorily licensable HMOs unlicensed-property
Enforcement in licensed HMOs Standards needed for HMOs - www.lambeth.gov.uk/HMO-guide Proactive identification of HMOs Applying for a licence - Maintaining Public Registers of HMOs and temporary www.lambeth.gov.uk/Apply-HMO-Licence exemptions from licensing HMO register - www.lambeth.gov.uk/HMO- Licensing-Guide-&-HMO-Register
Page 3 of 6
Service Description Guidance Rent Repayment We offer advice to private sector tenant’s about how to A Rent Repayment Order is a method by which a Orders (RRO) apply for a Rent Repayment Order. tenant can apply for up to 12 months’ rent to be repaid by the landlord where they have committed certain housing related offences.
Immigration Inspecting the standards of homes subject to person This applies to people making an application to the UK Inspections wishing to emigrate to the UK Border Agency for entry clearance into the United Kingdom – they are asked to get an independent assessment of the number of rooms and occupants for the proposed accommodation to be used.
This is a charged for service - The inspection is carried Page 44 out and determines whether:
the property is safe, in a good state of repair and doesn't pose a health and safety risk the property has adequate kitchen and bathroom facilities (shared facilities with another family is not acceptable) the property is owned or occupied exclusively by the sponsor/sponsor's family (the property is not suitable, if it is shared with members of another family) the property if rented has a copy of a current gas safety certificate (your landlord should provide a copy to you every 12 months) the property has a sufficient number of rooms of adequate sizes so that an assessment can be made on whether or not the property will
Page 4 of 6
Service Description Guidance become overcrowded if more people were to move in.
BABIE Inspections Bed and Breakfast Information Exchange – now known as (now known as STS) Setting the Standard. Inspections of properties used for temporary accommodation in the borough to ensure they meet standards. Overseen by London Councils and inspections uploaded to a central database
Cladding and Fire Working with the Ministry of Housing, Communities and Council owned blocks or social housing blocks are Safety in High Rise Local Government (MHCLG) on High Rise buildings with dealt with by the STRATEGIC PROGRAMMES Buildings (Tower cladding issues. (HRA) (DIVISION).
Blocks) Page 45 This relates to privately owned blocks containing flats (or This relates to works to tower blocks following mixed use). We will the Grenfell incident. Survey and identification of affected blocks Intel gathering Liaison with owners, agents and other interested parties Updating Delta (the MHCLG information portal) Enforcement where required (at survey stage and to achieve compliance) Work with LFB colleagues to achieve solutions
Empty Homes We monitor and use powers to bring private empty homes Empty home online reporting form - Service back into use. https://www.lambeth.gov.uk/forms/report- an-empty-property A home is only considered empty if it has been empty for 6 months or more, though we concentrate on the long term
Page 5 of 6
Service Description Guidance empty homes that are also causing issues in the From 1 April 2019 any property that has been neighbourhood they are in. We: empty for more than two years will be charged a 100 per cent premium council tax Work to clear gardens rate meaning you will pay double the amount Secure buildings (managed by Council Tax) Deal with squatters (in partnership with the police) Take enforcement Encourage and enforce to get properties back into use.
Page 46
Page 6 of 6
Tenants’ Charter Page 47
101788 (1.21) Tenants’ Charter 2021 / page 2 Foreword
We believe that The vast majority of private landlords are and Lambeth’s powers to intervene where we can. everybody deserves responsible, and we’ll continue to support and At the time of writing, October 2020, the country
a safe, decent and well actively work with them. However, there are some is in the midst of the Covid-19 epidemic, and Page 48 managed home. landlords who are unaware of what they should be temporary changes to housing law have been doing, and a very small minority who completely put in place; it’s more important than ever that The number of Lambeth residents renting flout the rules. tenants keep themselves informed, and the council privately has more than doubled over the last has an important role in raising awareness and 20 years, and more Lambeth residents are They ignore their legislative requirements and providing advice. private renters than are homeowners or council commit housing related crimes, letting out homes tenants. Supporting private tenants is an in unfit conditions and harassing their tenants. What we can do as a local authority is constrained increasingly important priority for us. We have wide ranging powers to tackle this kind by the existing legal framework. We will continue to of behaviour. lobby government on our private tenants’ behalf to change the rules, improving the quality and security We will support private-sector tenants to ensure for private renters. that their home reaches the standards required by law, with a priority given to those facing the Finally, we are supporting new development in worst conditions and standards. As this charter is Lambeth to give more and better choices, including launched, we are also increasing the size of our a range of affordable housing options and purpose enforcement team and strengthening our capacity built-to-rent developments with longer tenancies for inspecting and regulating homes. and good management.
We know that many tenants are unaware of their Councillor Jenny Brathwaite rights. This charter clearly sets out what they are Deputy Leader (Housing and Homelessness) Tenants’ Charter 2021 / page 3
Finding your new home
Are you a lodger? Property information
You are a lodger if: When you have found a home, you should ask the landlord or letting agency the following • your landlord lives in the same flat or house as questions: you • shares a bathroom, kitchen or living room with • when is the home available? you. • what is the rent and how often do I have to pay it? • how much is the deposit? Page 49 You are not a lodger if: • are any others bills included in the rent, for example: water bills, energy bills, Council Tax? • your landlord moved in after you first moved in; or • is the landlord or letting agent trying to charge any • your landlord keeps a room for themselves but additional fees? does not live there. • is anyone else living in the property? • are any facilities shared and with whom? Because a lodger is sharing their landlord’s home, • what kind of tenancy is this? the rules are different, so some parts of this • are children, smoking, pets or bicycles allowed? Tenants’ Charter will not apply to you. • does the letting agent belong to a client money protection scheme? It is always against the law for your landlord to • who to contact about repairs and other issues? intimidate or harass you – even if you are a lodger. Your landlord is not allowed to touch or throw your You should also ask for a copy of: possessions out. In an emergency, call the police on 999. • any proposed tenancy agreement • the most recent landlords gas safety certificate, For further advice, please see Shelter’s information a record of electrical inspections, the Energy for lodgers. Performance Certificate and if applicable the landlord’s licence.
Check if the landlord or agent have been convicted of a housing offence. Tenants’ Charter 2021 / page 4
Finding your new home
or housing association flat. Council or housing your landlord must have a HMO licence from the Permission to rent association tenants who sublet their flat can face a council. Note: There are certain exemptions to these fine, an Unlawful Profit Order or up to two-years in rules and if in doubt seek advice. Before handing over any money, you should prison. If you are renting someone else’s council or confirm that they are the owner, and not housing association flat, there is also a high risk that The council publishes a register of licensed HMO scamming you. your landlord will be evicted, leaving you homeless properties in the borough. and unable to recover rent you have paid. Scams Licences ensure that landlords meet basic
You can check who owns any property and who standards, including: Page 50 You should be careful about scams. Always make is their mortgage provider for just £3 at the Land sure that anyone claiming to be a landlord or an Registry. • your home is not managed or run by any person agent is genuine. For example, when would-be or organisation with certain criminal convictions or tenants are tricked into paying an upfront fee to Read more about rental fraud. landlord sanctions rent a property that in reality does not exist, or has • your bedroom is a reasonable sizew already been rented out, or has been rented to Does your landlord have permission from • your home has enough bathrooms and kitchen multiple victims at the same time. There are also their lender? facilities cases of people renting out properties that they • your home is managed properly, e.g. maintained, have no connection to. If your landlord is breaking the terms of their common parts are kept clean, waste removal mortgage agreement by letting out their property as arrangements If you are renting on an estate or in a former council a House in Multiple Occupation without permission, • your home has fire safety precautions; or housing association flat, please confirm that your they may be at risk of having it repossessed by the • you have a written tenancy agreement; landlord owns the property rather than rents it. It is mortgage lender. This could make your tenancy against the law for a tenant to rent out a council less secure. There are consequences for your landlord should they not have any required licence; and you could Should your landlord have a House in apply for up to one year’s rent to be returned to you Multiple Occupation (HMO) licence? by the landlord through a Rent Repayment Order. The council can offer advice on this and some If you live in a privately-owned shared flat, building private companies and charities that will assist converted into flats or bedsits, a shared house, or tenants too (although some may charge a fee for rent a room in a house – with five or more unrelated doing so). people sharing a toilet, bathroom or kitchen – then Tenants’ Charter 2021 / page 5
Finding your new home
If your landlord will not give you a written If there is a change of landlord, the new landlord Tenancy agreement agreement, the law says that they must give you must provide you with her/his name and address certain information in writing within 28 days of in writing within two months after the transfer. If If you are a lodger, the information in this section asking: not, the previous landlord will remain liable for any does not apply to you. breach of the tenancy agreement until either s/he or • the date your tenancy started the new landlord provides the tenant with the new You should have a written tenancy agreement. • the rent and when it is to be paid landlord’s name and address. This must be clear, understandable and fair. • any provision for rent increases • the length of your agreement. Find out how to find your landlord. An assured shorthold tenancy will provide you with Page 51 the most rights and protections. A landlord should Your landlord must give you their name and contact For more information, please see: not normally be using a licence as an alternative to address. If your landlord does not provide you in an assured shorthold tenancy unless they also live writing with their name and an address in England • Government model tenancy agreement and in the property. or Wales where you could send them notices writing guidance within 21 days, the law says that you do not have • Shelter information on types of renting Any good landlord will give you a written tenancy to pay rent. However, as soon as an address is agreements agreement so that you are both clear about the provided, backdated rent then becomes due from • Citizens Advice on whether the tenancy nature of any legally binding agreement. It is hard the start of the tenancy. agreement is fair. to trust a landlord who will not give you a written tenancy agreement. Tenants’ Charter 2021 / page 6
Finding your new home
Deposit protection The three deposit schemes are: Inventory 1 DPS If you are a lodger, some of the information in Always agree an inventory with the agent or 2 TDS this section does not apply to you. landlord when you move in. An inventory should 3 MyDeposits describe everything that is provided with the Most private landlords ask new tenants to pay a accommodation, and details about the condition Your landlord must give you proof, in writing, tenancy deposit to cover damage or unpaid rent. that the accommodation is in. It should be signed that the deposit is protected, including: You pay this deposit to give your landlord protection by you and the agent. Do not agree an inventory in case you leave without paying the rent or cause that says something is in good condition when Page 52 • the amount of deposit paid and the property damage to the property or its contents and protect it is not. address it relates to you by ensuring at the end of your tenancy that the • contact details of your landlord or agent and deposit is returned to you. If your landlord won’t do an inventory, make one deposit protection scheme used yourself. It is a good idea to take dated photographs • scheme leaflet explaining the rules Deposits must be less than the equivalent of five and videos of any damage or wear and tear on the • how to get your deposit back and when weeks rent. day you move in – that way you have proof if later deductions can be made the landlord claims that you caused the damage. • what happens if you can’t agree or if your landlord Your landlord must protect your deposit with one of or agent doesn’t respond. three schemes, and provide you with proof, within For further advice about inventories, please see: 30 days of taking your deposit money. Your landlord faces penalties if they don’t protect • Shelter advice on how to check and agree an your deposit, including compensatory payment of inventory between 1 and 3 times the amount of your deposit • TDS guide to check in and out reports, inventories and/or not allowing the landlord to give you notice and schedules of conditions to leave in the normal way. • RLA deposit protection information For further advice on deposit protection rules, please see:
• Shelter’s advice on deposit protection rules • MyDeposit tenant deposit guides • TDS deposit protection guides Tenants’ Charter 2021 / page 7
Finding your new home
• late payment of rent if your tenancy agreement Ask whether your letting agent belongs to a client Letting agency fees specifies a charge. You can’t be charged more money protection scheme. These schemes protect than 3 per cent APR above the Bank of England any money you pay to the agent as deposit and Most tenant fees charged by landlords and agents base rate rent – even if the agent closes down. Client money are now banned. This ban applies to both landlords • lost keys or fobs if specified in your tenancy protection schemes include: and agents, including online property portals. The agreement. You can only be charged the ban applies to most private tenancies, including reasonable costs of a replacement • Royal Institute of Chartered Surveyors (RICS) assured shorthold tenancies, student housing and • ending your tenancy early – and no more than • Safe Agent lodger agreements. what it costs the landlord or agent • ARLA Propertymark
• changing or assigning your tenancy – and no • UKALA Page 53 Before you move in, you can only be asked more than £50, unless they can prove it cost to pay: them more. Get further information about your rights when dealing with letting agents. • a holding deposit equivalent to no more than a Any other fees, including fees for references, credit week’s rent, and with clear rules about how you checks, check-in, and administration are banned. get it back If you have paid a banned fee to your landlord they • a tenancy deposit; or can’t evict you using a section 21 notice until the • rent in advance. money is repaid.
You can only be charged for: Letting agents must prominently display a list of their fees on their website and at each of their • rent, at the amount agreed in your tenancy offices. agreement What if a landlord or agent charges you an unlawful fee?
If your landlord or agent charges you an unlawful fee, please try to keep evidence and report them to Lambeth Council. Tenants’ Charter 2021 / page 8
Finding your new home
and provide you prescribed information about it. If your landlord does not give you any of these when Information for the tenant Make sure you get the official information from your tenancy is started or renewed, they are not your landlord, and that you understand how to get allowed to give you Notice Requiring Possession If you are a lodger, the information in this section your money back at the end of the tenancy. Keep under section 21 Housing Act 1988. This means it does not apply to you. this information safe as you will need it later is much harder for a landlord to evict you. • a copy of the government’s how to rent guide At the start of your tenancy and whenever you renew the tenancy, the landlord or letting agent must give you: Page 54
• an electrical installation condition report, and have rectified any deficiencies (unless they are only recommendations) • a gas safety certificate if your home has gas appliances • an energy performance certificate unless the property is a house in multiple occupation. Properties let on tenancies entered into after 1 April 2018 must have a rating of at least ‘E’ (unless a valid exemption applies) • deposit documentation. If you have provided a deposit, the landlord must protect it in a government approved scheme within 30-days Tenants’ Charter 2021 / page 9
A decent home
You have a right to a home that is fit for human • walls habitation before you start your occupation and • stairs and bannisters that your home is kept that way. This doesn’t • roof cover wear and tear and any damage caused by • external doors your occupation. This was brought into force under • windows the Homes (Fitness for Human Habitation) Act 2018. • sinks, baths, toilets and other sanitary fittings, In reality this means your home must be free of including pipes and drains serious hazards that might affect your health and • heating and hot water safety, which is assessed using the Housing, Health • chimneys and ventilation
and Safety Rating System (HHSRS). • electrical wiring. Page 55
This covers: Most landlords want to know as soon as something needs fixing and want to fix things as promptly. • inadequate heating Always tell your landlord when something needs • insufficient hot water repairing. • bad ventilation • bedrooms that are too small When you ask your landlord to make repairs, you • bedrooms without natural light must ask in writing – even if that is an email or text • damp and mould – and keep a copy. • dangerous electrics or gas • fire risks If your landlord needs to get into the property to • rats, mice or other pests inspect it and do repairs, they should give you at • structural or internal disrepair least 24-hours written notice and arrange a suitable • broken locks or windows time to visit (unless there’s an emergency). • unhygienic toilets, bathrooms or kitchens. You must allow them at least 14 days to let you Your landlord is also responsible for repairs to know what they are going to do about the problems. the exterior and structure of your home. This If they don’t respond or their response isn’t applies to all Assured Shorthold Tenancies and satisfactory then it’s time to contact the council includes: using the online reporting form. Tenants’ Charter 2021 / page 10
A decent home
The council will assess the issues found and if they your landlord, you can complain to the Housing The council will assess the issues found and if they present an unreasonable risk to health and safety Ombudsman if you believe that your home falls present an unreasonable risk to health and safety then the council will take action to remedy those below minimum legal standards. then the council will take action to remedy those issues. Following the process of notifying your issues. Following the process of notifying your landlord in this way before contacting the council If you think the conditions are putting your health or landlord in this way before contacting the council helps prevent a revenge eviction. safety at risk and your landlord is not a Registered helps prevent a revenge eviction. Social Landlord, the council can assess whether What you can do if your home your home is safe and take action if it is not. If you Read more about responsibilities for repair. show us that the conditions present an immediate Page 56 is unfit to live in? risk to your safety or your health, we will arrange to Gas safety inspect your home. You can take court action if you think your home Your landlord must arrange for a gas safety check is unfit to live in. The court could order your Most landlords want to know as soon as something to be carried out every 12 months by a Gas Safe landlord to: needs fixing and want to fix things as promptly. registered engineer. They must keep a record of Always tell your landlord when something needs the safety check for 2 years and issue a copy to • carry out any work needed repairing. each existing tenant within 28 days of the check • pay you compensation. being completed and issue a copy to any new When you ask your landlord to make repairs, you tenants before they move in. If your landlord is a Registered Social Landlord, must ask in writing – even if that is an email or text such as a Housing Association, there is a simpler, – and keep a copy. Make sure you know how to operate the boiler and less costly, and less risky route that court action. other appliances and know where the stopcock, Once you have submitted a formal complaint to If your landlord needs to get into the property to fuse box and any meters are located. inspect it and do repairs, they should give you at least 24-hours written notice and arrange a suitable If you smell gas, think you have a gas leak, or are time to visit (unless there’s an emergency). worried that fumes containing carbon monoxide are escaping from a gas appliance, call the You must allow them at least 14 days to let you free Gas Emergency Services emergency line know what they are going to do about the problems. immediately – 0800 111 999. If they don’t respond or their response isn’t satisfactory then it’s time to contact the council using the online reporting form. Tenants’ Charter 2021 / page 11
A decent home
If your landlord has not fitted alarms, you could ask For more details, please see: Alarms your landlord to install them. Where mains powered detectors and alarms are not required, a 10-year • Electrical Safety First guide to staying safe in your At the start of your tenancy lithium battery powered smoke alarm should be rented home used. You should ask in writing and keep a copy • Shelter advice on electrical safety in rented homes All private landlords must make sure that working – it’s best to use either an email or a letter. Ask smoke alarms are fitted on each floor of their rented politely. Most landlords will want to help. properties. If you have a coal or wood fire in your rented home, your landlord must also fit a carbon If your landlord will not fit alarms, contact the monoxide detector. If you live in a block of flats or council. Page 57 in a House in Multiple Occupation a higher level of smoke or heat detection is often required. If in doubt check. Your landlord must ensure that the Electrical safety alarms provided are in working order at the start of Your landlord must arrange for an electrical any new tenancy. installation condition report, usually no less than every 5 years, before your tenancy starts (or by Once you have moved in 1 April 2021 for existing tenancies). Any works or further investigation required must be carried out Regularly test your smoke alarms and carbon by the landlord within 28 days (unless they are only monoxide detectors – at least once a month. If an recommendations). alarm stops working, first check if it needs new batteries and if not contact the landlord to arrange The wiring and any electrical items supplied with a replacement alarm to be fitted. your home must be safe. This doesn’t cover electrical items provided by you.
Your landlord should arrange regular basic safety checks for the electrics and appliances such as cookers, washing machines and fridges. Electrical appliances that have been checked by an electrician should have a PAT (portable appliance test) sticker on the plug. This shows the date it was tested. Tenants’ Charter 2021 / page 12
A decent home
There are many things you can and should do to text or a letter – and then keep a copy. Tell your Damp and mould help: landlord what the problem is and where it is. Explain what you have done to try to solve the Your home should be free from damp and mould • keep a lid on pans when cooking problem if you can. Ask politely. Most landlords problems. Most homes in the UK will get small • use extractor fans provided will want to help. isolated patches of mould spots during the winter. • dry clothes outdoors if possible It is very important that you try to stop damp • keep the door closed and window open when You may find it useful to use Shelter’s how to report problems getting so bad that they damage your drying clothes indoors repairs to a private landlord template letter health. Severe mould growth can be a health • keep your home properly and evenly heated. Page 58 problem for people with asthma and other chest Regular heating keeps the walls and other The law says that your landlord must fix damp problems. surfaces warm and reduces the risk of caused by problems such as: condensation Stage 1: Stop mould from becoming a • don’t try to brush or vacuum mould. This releases • a leaking roof, gutter or cracked wall problem it into the air and could make breathing problems • leaking pipes worse • rotten window frames Condensation is the most common form of damp • treat mould growth to remove it and stop it getting • broken heaters in rented properties. Condensation appears when worse. Use a fungicidal wash, available from DIY • damp-proofing that is old or defective - this moisture in the air comes into contact with a cold shops or supermarkets. is often the cause of damp on ground-floor and surface, such as a window or a cold wall. Mould can basement flats. then grow on damp walls and window frames. For more information please see: Your landlord should do something to improve the • Shelter advice on damp and mould in rented situation even if your tenancy agreement doesn’t homes say anything about their responsibility for conditions • MyDeposits guide to understanding damp and in your home. For example, your landlord could: mould • provide a de-humidifier Stage 2: Ask your landlord for help • install ventilation; or • improve the insulation of your home. If you follow the advice in stage 1 and that does not solve the problem, ask your landlord to help. You should ask in writing – it’s best to use an email, a Tenants’ Charter 2021 / page 13
A decent home
Stage 3: Get help Most landlords want to know as soon as something needs fixing and want to fix things as promptly. If you have written to your landlord telling them Always tell your landlord when something needs about the problem and they have not done anything, repairing. you need further help. When you ask your landlord to make repairs, you It may be possible to take legal action against your must ask in writing – even if that is an email or text landlord to force them to carry out repairs or to – and keep a copy. compensate you.
If your landlord needs to get into the property to Page 59 If you think the conditions are putting your health at inspect it and do repairs, they should give you at risk, you can report a disrepair to the council, who least 24-hours written notice and arrange a suitable can assess whether your home is safe and take time to visit (unless there’s an emergency). action if it is not. You must allow them at least 14 days to let you After inspecting your home, we will take action. The know what they are going to do about the problems. action we take will depend on the kind of problem If they don’t respond or their response isn’t you have, but if we find conditions that are a risk satisfactory then it’s time to contact the council to your health, it is likely that we will issue a formal using the online reporting form. notice to the landlord. The council will assess the issues found and if they present an unreasonable risk to health and safety then the council will take action to remedy those issues. Following the process of notifying your landlord in this way before contacting the council helps prevent a revenge eviction. Tenants’ Charter 2021 / page 14
A decent home
Sometimes the leaseholders can own a proportion if you follow a certain process you can get certain Repair of the freehold. Sometimes a freeholder appoints a protections from this type of action by: block management company to oversee the day to If you are a lodger, living in temporary day management of the block. • reporting your concerns to your landlord or accommodation or have a licence agreement managing in writing rather than a tenancy, the information in this You can check who owns any property and who • giving your landlord or managing agent 14 days section does not apply to you. is their mortgage provider for just £3 at the Land to respond Registry. • informing the council, if they don’t respond or Freeholder responsibilities
their response doesn’t address your worries. Page 60 Although a lot of the issues between leaseholders If you live in a block of flats, your landlord and freeholders are not matters that the council If as a result of the council’s involvement we take is responsible for carrying out repairs and can help with, the council can assess the safety of action in the form of a notice requiring works, then maintenance in your flat, but the freeholder is the common parts of blocks and where necessary the landlord cannot evict you using section 21 responsible for the lifts, communal areas, the overall require the freeholder to carry out repairs. An eviction powers. safety of the building and sometimes for managing example of this would be making sure external the estate too. cladding on privately-owned blocks are safe. Even If your tenancy started or was renewed on or after when the council gets involved in common part 1 October 2015, you have some legal protection Almost all flats are owned on a leasehold basis – issues of blocks of flats it is likely that the freeholder from eviction after reporting repairs. Get advice on a kind of long-term rental agreement. The freeholder will look to the leaseholders to fund the works. revenge evictions if you reported repairs and your owns the block itself. In some cases, freeholders landlord has told you to leave – or if you are worried are housing associations or the council’s Housing Further advice and information can be found on the they might. Department – for example if you are renting an governments guide to leasehold property. ex-council flat. If your landlord seeks to evict you without taking Revenge evictions (also known as legal proceedings, they may be committing a retaliatory evictions) criminal offence.
Sadly, some landlords start legal action to evict their tenants if they ask for repairs. This is called retaliatory or revenge evictions. The government have put in place measures to try and stop this happening under the Deregulation Act 2015 and Tenants’ Charter 2021 / page 15
A decent home
If you think your landlord is responsible, report the If the problem is coming from a Pests problem to them as soon as possible. Make it clear neighbour’s home: why you think they are responsible. Allow your Any home can have a problem with pests or vermin, landlord reasonable time to do the work once you • ask your neighbour to deal with pests no matter how clean your home is, but you can have reported the problem. They should: • report the problem to their landlord or freeholder, reduce the chances of infestation, by: if they rent their home too • pay for pest control specialists • report it to the council. • not leaving food or rubbish lying around • fix any holes in the wall or floor that allow rats, • keep your garden tidy mice or other pests to enter • asking your landlord to block up any holes in the • fix any problems the pests have caused, such as Page 61 brickwork, roof, skirting boards and floorboards to damage to electrical wiring, pipes or brickwork prevent pests getting into your home. that have been chewed through. Your landlord is responsible for dealing If they won’t sort it out, report it to the council. If the with infestations of pests and vermin if: infestation is a serious risk to your health or safety, the council can: • pests can get in because of disrepair such as a hole in the wall or badly fitted pipes; or • get rid of the pests and charge you or your • you live in a furnished home and the pests were landlord for the work there before your tenancy started. • serve a notice ordering your landlord to deal with the problem • warn your landlord that they are aware of a problem • advise you of the best way to deal with the problem.
You may also be able to take your landlord to court and obtain a court order:
• requiring them to remove the pests • pay you compensation. Tenants’ Charter 2021 / page 16
A decent home
You must also: • provide the manager reasonably required Your responsibilities information • take good care of the property, for example turn • take reasonable care to avoid causing damage; You should give your landlord access to the off the water at the mains if you’re away in cold • hygienically store and dispose of waste as property to inspect it or carry out repairs. Your weather required by the manager landlord has to give you at least 24 hours’ notice • not block flues or vents • comply with the manager’s reasonable requests and visit at a reasonable time of day, unless it’s • use the heating and hot water system correctly; for prevention of fire, protection of safe means of an emergency and they need immediate access. • keep it clean escape and use of fire equipment.
• carry out minor maintenance tasks expected of Page 62 Coronavirus has not changed these rules, so you you, such as renewing sealant, replacing smoke should work with your landlord to make sure that alarm batteries, etc. any visits are for an urgent reason (for example, you • pay the agreed rent, even if repairs are needed do not have hot water, heating or toilet facilities). or you’re in dispute with your landlord Follow NHS guidelines if the visit must happen. You • pay other charges as agreed with the landlord, can read the coronavirus and renting guidance for for example Council Tax or utility bills tenants and landlords. • repair or pay for any damage caused by you, your family or friends • only sublet a property if the tenancy agreement or your landlord agrees • continue to pay rent to the best of your ability and speak to your landlord if you cannot.
Your landlord has the right to take legal action to evict you if you do not meet your responsibilities.
Every occupier of the HMO must:
• conduct themself in a way that will not hinder or frustrate the property manager’s duties • allow the manager entry at all reasonable times Tenants’ Charter 2021 / page 17
A decent home
house from being used because the stairs leading Councils Powers up to it are dangerous. The council has a range of powers available to help This can be appealed to the First Tier Tribunal (a make properties safe and healthy. The main powers type of court). If it is appealed the order can be are contained in the Housing Act 2004. The main changed, kept the same or dismissed. If it is kept powers are outlined below: the same or changed by the FTT, then the order doesn’t take effect until the FTT agree this. Improvement Notice – this identifies the issues
and sets out the works needed and requires the Failure to comply (by anyone, e.g. the occupants Page 63 responsible party to complete these in a reasonable and and/or the landlord) with the order is an offence time frame. For example, requiring a boiler and which the council can prosecute. radiators to be installed where a home lacks proper heating. Emergency Powers – where there is an imminent risk to health and safety, we have the This can be appealed to the First Tier Tribunal (a power to order a property be prohibited or restricted type of court). If it is appealed the notice can be in its use immediately or we can immediately do changed, kept the same or dismissed. If it is kept works to deal with the imminent risk and then claim the same or changed by the FTT, then the notice the cost of the works back from the responsible doesn’t take effect until the FTT agree this. party. This can be appealed to the First Tier Tribunal
(a type of court). Failure to comply with the notice is an offence which the council can prosecute for or issue a civil penalty. Failure to comply with an order restricting or The council can also do the works the responsible prohibiting use (by anyone, e.g. the occupants and party was supposed to do and charge them for it. and/or the landlord) with the order is an offence which the council can prosecute. Prohibition Order – this is an order that either restricts of prohibits part or all of the home. This sets out why the order is necessary and the works (if any) that need to be done to remove the order. An example would be stopping a top floor in a Tenants’ Charter 2021 / page 18
Fair treatment
If you believe that you have been discriminated The ‘Right to Rent’ against as a result of a ‘Right to Rent’ check, you immigration check can find guidance about challenging it.
Landlord and letting agents must check the For further information about ‘Right to Rent’, please immigration status of any prospective tenant other see: adults who will be living with the tenant by asking for original documents showing that prospective • Shelter information on right to rent immigration
tenants: checks Page 64 • CIH information on migrants rights • are a British citizen, or • are a citizen of a country in the EU or EEA, or • are a citizen of another country but you have no time limits on your permission to live in the UK (indefinite leave to remain, for example), or • have a time limit on your permission to stay in the UK, for example, a study or work visa, or you are a partner of someone settled in the UK, or you have humanitarian protection, limited leave or discretionary leave to remain.
Landlords and agents must take a copy of your documents – but they are not allowed to keep them. This is against the law.
Landlords and agents cannot discriminate in applying these rules – see the government’s right to rent landlord’s code of practice. This means that they must check everyone’s documents, not just those of people who might look like new migrants. Tenants’ Charter 2021 / page 19
Fair treatment
• Citizens Advice on taking action about If the person discriminating against you is a landlord, No discrimination discrimination in housing put the complaint in writing, tell them what you want • CIH help on challenging discrimination in housing them to do, and give them 21 days to respond. It is against the law to treat somebody less favourably just because of their: Take action You may also be able to take legal action against the landlord or agent. You may be able to get legal • age help from a solicitor through Civil Legal Advice • being or becoming a transsexual person If you believe that you have been discriminated (CLA) or a solicitor. You should emphasise that • being married or in a civil partnership against you should: your complaint is about discrimination (not primarily • being pregnant or on maternity leave about housing) as you may then be able to get Page 65 • disability • ask for any decisions to be in writing free advice. • race including colour, nationality, ethnic or • get the names and job titles of the people involved national origin • make a careful, detailed record of what has happened – including what was said, by whom, Step 3: Complaining to a member • religion, belief or lack of religion/belief organisation or ombudsman • gender (whether they are male or female) with dates and times. Think about why you have • sexual orientation. been discriminated against and on what grounds, for example, was there another person of If formal action fails (step 2 above) and your complaint is about a landlord who is a member, you For further information on discrimination, please a different nationality who was treated more can complain to the National Residential Landlords see: favourably? Association. • Government advice on discrimination in the provision of goods and services and public Step 1: Informal action If your complaint is about an estate or letting agent, functions you can complain to: • Equality Advisory Support Service (EASS) If you feel that you can, talk to the landlord or estate agent informally about your complaint. They may want to put things right. • The Property Ombudsman • The Property Redress Scheme Step 2: Formal action • Ombudsman Services Property • If the estate agent is a member, you can also If the complaint isn’t resolved, you can make a formal complain to: National Association of Estate complaint. If the person discriminating against you is Agents or the Association of Residential an agent, follow their complaints procedure. If there Letting Agents. isn’t a complaints procedure, go to step 3 below. Tenants’ Charter 2021 / page 20
Fair treatment
if you rent a room in a house or flat, though the Report hate crime It’s your home landlord may have a right of access to the common parts in order to clean and maintain them. Crimes committed against someone because of If you are a lodger, the information in this section their disability, gender identity, race, religion or does not apply to you. Your landlord (or anyone employed by them, such belief, or sexual orientation are hate crimes and as an agent) should not harass you in your home should be reported to the police. It’s your home. Your landlord or agent must not or make it difficult for you to stay there. For further disturb or harass you. Your landlord can only information on what constitutes harassment and Hate crimes can include: visit when it is convenient for you unless it’s an what you can do about it, visit the Shelter website. Page 66 emergency. • threatening behaviour The Protection from Harassment Act 1997 applies • assault If your landlord is harassing you or trying to force to landlords and tenants as much as to anybody • robbery you out without going to court first, get advice. else. This law makes it a criminal offence for any • damage to property person to repeatedly (on at least two occasions, • inciting others to commit hate crimes, or Landlords must let you live in the home you rent or on one occasion to each of two or more people) • harassment. without unnecessary interference. For as long as harass another person. Harassing someone you live there, it is your home. That means you have includes threats of violence or other unacceptable a right to say who comes in and who does not. behaviours that deliberately causes alarm or distress. This might include ‘stalking’ such as You have a responsibility as a tenant to give following, watching or spying on a tenant, or reasonable access to your landlord when there is repeatedly arriving unexpectedly or at unreasonable something that needs repairing. You should always hours. If your landlord is harassing you, you should be reasonable and polite to your landlord in the report the matter to the police. If your landlord same way that you can expect of them. threatens you with violence, you should always call 999 and report them immediately. Your landlord should give you at least 24 hours’ notice in writing if they plan to come to your home – unless it’s an emergency.
Your landlord should never let themselves into your home without your permission. This is also true Tenants’ Charter 2021 / page 21
Fair treatment
Rent increases A ‘fixed-term’ or a ‘periodic’
Your landlord can’t increase the rent during a fixed- tenancy? term tenancy unless: When you agree a tenancy, the agreement is usually for a fixed ‘term’. Often this term is the first six • there is a clause in your agreement that says months, year, or three years of the agreement. when and how the rent can be increased. The After the fixed-term ends, your tenancy does not clause must be fair and understandable, or end. Instead, it automatically becomes ‘periodic’ • you agree to the increase. – it continues, rolling on from period to period. The Page 67 length of that period is either a month or a week, Your landlord can give you one month’s notice of a depending on whether you are due to pay rent rent increase if the fixed term has ended. monthly or weekly. For further help, please see Shelter’s information on Sometimes there is no fixed-term – you and the rent increases. landlord just agree from the start that you will rent for an indefinite period, from month to month or Financial Help week to week.
If you are struggling to pay your rent or you are If your tenancy is periodic from the beginning of the at risk of becoming homeless please contact the tenancy, your landlord is generally unable to evict council’s Housing Advice Service. you during the first six months. Even if your tenancy has become periodic, your landlord cannot end it If you are struggling with debt, then you might be without serving formal legal notice. Read Shelter’s able to get some advice from the National Debtline information on tenancies. Service. If you are having difficulties paying the rent, get help as quickly as you can from one of the agencies signed up to the charter. You may well be entitled to housing benefit to help with the rent. You can claim housing benefit on the council website. Tenants’ Charter 2021 / page 22
Fair treatment
Two organisations investigate complaints against Complaints lettings agents, and your agent can decide which scheme to join: Agents must be registered with an independent organisation for dealing with complaints. The logo of 1 TPOS the complaints redress scheme they belong to must 2 PRS be displayed. Every letting agent must belong to one of these Making a complaint about your letting
complaints redress schemes. The agent must Page 68 agent display clearly which scheme it belongs to.
If your agent does not treat you fairly and with The council can fine agents up to £5,000 for not respect, you can complain to their ‘redress belonging to one of these schemes, or for not scheme’. The redress scheme can investigate your displaying which scheme they belong to, or for complaint and order the agent to change their falsely displaying membership of a scheme which behaviour or pay you compensation. If the agent they do not belong to. does not do what they say, they can disqualify the agent – which makes it illegal for them to trade. For further information about your rights when dealing with letting agents, please see:
• Shelter information on letting agent fees for tenants • Citizens Advice Bureau renting from a letting agency advice
Take action
The council can fine agents £5,000 if they do not properly display their membership of a redress scheme. If your agent is not displaying a logo, or if you discover they are displaying a logo of a scheme do not belong to, please report this to the council. Tenants’ Charter 2021 / page 23
Leaving
The law allows a landlord or their agent to ask During the COVID pandemic, different rules apply to Eviction a tenant to leave by serving the correct legal evictions. These rules are changing frequently, so form of notice, i.e.: please refer to Shelter guidance for the latest, most If you are a lodger, the information in this section up-to-date advice. does not apply to you. • a section 21 notice of at least two months’ duration – when the fixed term tenancy period has Landlords must follow a strict legal process if ended and the landlord does not have to give a Voluntarily ending your they want you to move out – and that process reason for eviction, or takes time. If your landlord or agent wants you tenancy • a section 8 notice of at least two weeks’ notice to move out, get immediate advice. (and sometimes more) – at any time during the Unless you have a break clause in your agreement, Page 69 tenancy, but only for a limited number of legally if you request to end your tenancy early your The best way to prevent your landlord asking you allowable reasons - for example rent arrears or landlord or letting agent may ask you to pay to leave is to be a good tenant, look after your antisocial behaviour. compensation. They cannot be unreasonable home, be considerate to neighbours, don’t take or attempt to charge prohibited fees on top of in a lodger and pay the rent on time. You might Your landlord can issue both types of eviction notice reasonable compensation. need to unblock a sink, change lightbulbs and at the same time. After any notice has expired, if the clean windows. Simple day-to-day jobs are your tenant does not leave, the landlord can ask a court A break clause is a term in the tenancy agreement responsibility, not your landlord’s. to order the tenant to leave. After this, the court can that gives the landlord and/or tenant the right to end appoint bailiffs to evict a tenant. a fixed term tenancy before the expiry of the fixed Your landlord or their agent can never harass you term period. or threaten you with violence. A landlord can never If your landlord has to go to Court to evict you, they You don’t need to give notice to say you’ll be evict their tenant – only a court can do that. can ask the Court to order you to pay the costs. leaving on the last day of your fixed term, unless This is likely to be hundreds of pounds. your tenancy agreement says you must. But it’s best to give your landlord notice to avoid problems. Cambridge House, a local charity, offer Safer Renting, an established service providing direct It is advised to give your landlord or agent written specialist advice and support for tenants and notice either via a letter or email. Other than victims of landlords. reasonable wear and tear you should return the property in the same condition you received it, or you are likely to lose some or all of your deposit. Tenants’ Charter 2021 / page 24
Leaving
Try to be present when the property is inspected to check whether any of the tenancy deposit should be deducted to cover damage. If you do not agree with proposed deductions contact the relevant deposit protection scheme.
Do not leave bills unpaid. This might have an impact on your references and credit rating. Page 70 Remove all your possessions, clean the house, take meter readings, return all the keys and give a forwarding address. Dispose of any unwanted furniture via a local collection service. The landlord is usually entitled to dispose of possessions left in the property after, typically, 14 days. The landlord must let you know, or try to let you know, that they intend to dispose of possessions you leave behind. The landlord also has the right to charge you the cost of storage. Appendix C – Progress against Key Performance Indicators
1.1 Table 1, below, sets out the Services performance against its Key Performance Indicators (KPIs) over the last three years.
2018/19 Performance 2019/20 Performance 2020/21 Performance Description Target Achieved Target Achieved Target Achieved
Number of PS Inspect 600 600 614 (includes 600 600 homes and HMOs private sector homes/HMOs an estimate for homes/HMOs 764 homes/HMOs 144 inspected homes inspected Quarter 4) inspected inspected (evidenced) Support private sector tenants
– Improve 220 Page 71 Private Sector 220 private sector 220 improved 220 improved 240 improved Homes and dwellings/HMOs HMOs/PS 182 HMOs/PS 397 HMOs/PS 382 HMOs to improved homes homes homes comply with Housing Act 2004 standards Notices/Orders Serve 30 served that relate 17 (includes an 30 30 30 enforcement could result in a estimate for 184 208 Notices/Orders Notices/Orders Notices/Orders notices criminal Quarter 4) investigation 12 Prosecutions and prosecutions / or civil penalties 12 Prosecutions/ 12 Prosecutions/ 12 Prosecutions/ 3 6 6 civil penalties issued for housing CPNs CPNs CPNs in the year related offences 84 (includes an License 200 New of Renewal 200 licences 200 licences 200 licences estimate for 205 199 Mandatory licences issued issued issued issued Quarter 4) Licensable HMOs Maximise Income raised £75,000 £63,985 £200,000 £260,555 £200,000 £214k income from licensing Number of empty N/A (empty N/A (empty homes (over 6 Empty Homes homes managed N/A homes managed N/A 50 56 months) returned by others) by others) to use
1.2 Table 1 demonstrates the significant progress the services have made against the KPIs. The effects of Covid-19 have severely restricted performance against certain KPIs in 2020/21, such as our ability to inspect and take prosecutions. The services has adapted to the impact of Covid- 19 and as a result have been able to achieve and exceed in the areas that have the greatest impact to improving the lives of the people of Lambeth, such as issuing licences, bringing empty homes back into use, improving homes and taking enforcement action.
Page 72 1.3 These KPIs do not adequately demonstrate the work of the service and therefore a new set of KPIs has been agreed with Members (that incorporates the existing Corporate Target). The KPIs are informed by the objectives for the Directorate, looking at outcomes rather than outputs (though some will necessarily have outputs), with a particular focus on what the priorities are, i.e.: a. Consistently excellent customer services; and, b. Commercial focus.
1.4 The KPIs do not demonstrate the volume of work the service deals with nor the complexity of that work. The service deals with over 1,000 requests for service (which includes ME referrals) per annum. This is increasing year on year as the private rented sector swells across London. In 2020/21 1,149 requests for service were received. Some complex cases such as enforcing in High Rise blocks can take up significant staffing hours and in one case involved posting over 400 copies of enforcement notices. Other examples include properties left empty for decades, with entrenched issues of vandalism, squatting, nuisance, drug use, pests and impacts on neighbouring homes, which can take years to fully resolve.
1.5 The increase in enforcement activity has resulted in an increase in the number of appeals against our action and the amount of works in default (WID) the service does (where Lambeth undertakes required works that the landlords should have done). This has both positive and negative impacts. Negatively, officers’ workloads increase, but is balanced by less work trying to deal with cases informally (as has been past practice). Positively, WID can lead to a small revenue stream, and each success at an appeal bolsters the work of the Service, for example the team have had recent success at the Upper Tribunal in securing a point of law regarding the variation of licences. Page 73
Appendix D - Case Studies
A number of cases studies, written by the case officers, are set out below that go to reflect the work of the service over the last year.
1. Empty Homes Service 1.1 The property was reported to Empty Homes Service in July 2019 following a fire and subsequent fly tipping and drug use to front of property. The boarding put up by fire brigade was taken down by intruders who were accessing the property through the front bay window.
Page 74
Front Bay window secured with metal sheeting
Hedges trimmed from overhanging the pavement
Front garden cleared
Page 75
Front door secured
1.2 Two notices were served on the owner of the property to secure and remove rubbish from the front of the property and for prevention of damage by pests. This was due to complaints about pests, trespassing, fly tipping and illegal drug use.
1.3 No response was received from the notices and therefore the Council did works in default and organised for the clearance and boarding up. The costs are being recovered from the owners.
1.4 The property was attended by the next of kin acting on behalf of the owner, who had moved to another part of the country. We work closely with the Partnership Plus team who also attended to check whether there was anyone in the property before the boarding up with metal sheeting commenced. The front door and bay window were then secured and the front garden cleared of rubbish.
1.5 The Empty Homes Service worked with the next of kin to devise a final solution and advice was given on the best way to dispose of a fire damaged property via auction. This has resulted in the property being sold at auction for over £1m.
2. Responding to request for service from private renters Background 2.1 We received this complaint from a neighbour living next door to the subject address via a Ward Councillor.
2.2 It was alleged that bed bugs had infested the subject address in both flats. The top flat, according to the complainant was the worst affected.
2.3 The insects were coming into the complainant’s premises, particularly her daughter’s bedroom which is situated at the first-floor rear of the property and directly adjoining the rear bedroom of top flat at the subject address. Page 76
2.4 The subject address is owned and managed by a Registered Social Landlord (RSL) – London & Quadrant Housing Association.
Gathering Data and Information 2.5 Environmental Health Officer visited and inspected all three properties to gauge the extent of the bed bugs infestation with a view to finding the best course of action in eradicating the problem and reducing the health hazards to all concerned.
2.6 Photographic evidence of bedbugs, both live and dead insects and their eggs was taken. These pests are usually nocturnal so it was the sign of a heavy infestation to see the insects roaming freely.
Page 77
Page 78
Risk Assessment and Development of a Case Management Strategy 2.7 The main risks identified and dealt with in this case was that the presence of bed bugs at the premises concerned was prejudicial to the health of all the residents, both complainant’s and tenants of the source address.
How the matter was pursued and resolved 2.8 As the infestation was materially interfering with the normal use and enjoyment of the complainant’s premises; and could be potentially prejudicial to their health, or a nuisance, an abatement notice was served on the RSL of the subject address under Section 80 of the Environmental Protection Act 19990 requiring the abatement of the said nuisance within a stated time frame; and specifying works to be done to eliminate the bed bugs infestation.
2.9 The abatement notice was fully complied with and the bed bugs infestation appeared to have abated. This was confirmed upon reinspection of all the affected premises.
Reflection 2.10 We would have pursued further enforcement options, such as serving an appropriate Prohibition Notice under the Housing Act 2004, had the S80 notice not succeeded in resolving the issue of the resident’s concerns.
3. Unlicensed and sub-standard HMO: 3.1 We received a complaint in October 2019 about a property which was reported as a House in Multiple Occupation with disrepair issues. The higher number of households will generally place a greater strain on shared amenities compared to a single household. Houses in Multiple Occupation tend to require a high standard of safety provisions to protect the various occupiers.
3.2 Following an inspection of the property, we were able to identify a range of hazards and breaches of the Management of HMO 2006 Regulations. Some of the deficiencies identified: obstructed fire escape route/hallways, inappropriate automatic fire detection coverage, faulty heating, a 4.7m2 room used as a bedroom.
3.3 The impact of these deficiencies increase the likelihood of a harmful occurrence for the occupiers and their guests. For example, the property is over three storeys, in the event of a fire emergency the occupier has a long route to travel out of the property to safety. This route is hindered by bulky and combustible items, which could slow down escape. The lack of appropriate detection may not give enough advanced warning and the lack of solid/fire doors means that smoke products could fill the hallway faster.
3.4 Three Housing Act 2004 Notices were served, an improvement Notice to address the deficiencies which could be remedied, a Prohibition Order to restrict the occupation of significantly hazardous rooms and a Hazard Awareness Notice to notice the landlord of a ‘minor’ hazard. The former two Notices are chargeable at £550 each.
3.5 Failure to comply with the Notices/Orders is an offence. Where there is non-compliance, we have the options to: prosecute or issue a Civil Penalty Notice or carry out works to the property ourselves. We are exploring the possible prosecution or issue of a civil penalty notice for various Management of HMO 2006 regulation breaches.
Page 79
3.6 Since our intervention, the landlord has repaired some of the defects in the property such as a bathroom leak and the installation of working battery smoke detectors (as a temporary measure).
Large cupboard obstructing hallway (fire escape route)
Page 80
Undersized bedroom occupier of this room must rely on this space to sleep, ‘live’, store possessions, entertain guests etc.
No door between kitchen and ground floor hallway (fire escape route)
Page 81
Leak from bathroom affecting kitchen ceiling below. Ceiling joists appear damaged and rotten.
Adjacent ceiling area now repaired and re-plastered.
4. Sub-standard home and navigating COVID-19 issues
4.1 Officers visited a first floor flat and initially found a leak, dripping that was due to defective tiling and grout around the shower control; this was repaired by the landlord. However, after this was repaired the owner occupier reported that the leak had increased.
4.2 This was the point where the EPA section 80 was served. The waste pipe from the bath had been repaired by the landlord, we carried out another water test to check compliance with the notice and there was still a drip behind the tiles when the shower was used. On the 18 March it was decided that we would arrange works in default, a plumber had been arranged to quote. However, the tenants had reported that they had symptoms of Covid-19. Now it was difficult feather to find a contractor willing to carry out the WID.
4.3 A contractor that the HIA use, was recommended and there quoted for the work to be done, initially this was to disconnect the existing shower, new mixer tap with shower was installed., therefore the shower was by passed. This stopped the leak from behind the tiles. But the shower head when in the original fitting pointed the shower across the other end of the bath, and not straight down towards the plughole. Therefore, there was a second lot of work carried for installing a shower head holder, putting boarding under the bath. After this work complete the occupier was still reporting leaks and putting a piece of kitchen roll under the area where it was leaking as evidence and making recordings. The Council visited with plumber to re-investigate, and there was another leak around the bath/wall seal. The wooden plinth what the bath feet were resting on were rotten, and the bath was coming away from the seal. Third lot of work done to reinforce the seals and replace the wooden blocks. There were no more leaks around this area. Page 82
4.4 Two weeks later around the beginning of July, there was a leak in the bay window, different leak different area of the flat.
5. High Rise Taskforce - dangerously clad High Rise - ACM
Page 83
5.1 This is a building converted into flats from offices. There are commercial units on the ground floor and houses 103 flats over six storeys. The building is over 18 meters in height as calculated using Approved Document B. The flats are owned on long leases, some occupied by leaseholders and others privately rented. The ACM cladding has been tested and shown to be Category 3 (the highest risk). However, the cladding is limited to the seventh storey plant room housing the boilers and lift machinery room and the outside of the main stairwell for the building. Cladding panels may also be present above the ground floor main entrance.
5.2 The Building owners are in the process of applying for Government funding to replace the ACM cladding. However, the Ministry of Housing, Communities and Local Government (MHCLG) are unsatisfied with the progress of this and it could take significant time to come to fruition.
5.3 Even though the cladding is limited, it has the potential for compromising the main means of escape from fire from the building and the building owners withdrew the ‘waking watch’ without the cladding being remediated. This is why this block was prioritised for the first inspection.
5.4 A waking watch is defined by guidance issued by the National Fire Chiefs Council (NFCC). In summary it is a system whereby staff for the building carry out regular patrols (24/7) of the building to check for fire and would be responsible for raising the alarm to the fire service and residents.
Inspection 5.5 A full inspection of the common areas of Norwich House and a sample of flats was carried out in late August over two days by three Environmental Health Officers and the Interim Private Sector Enforcement and Regulation Team Manager from the Private Sector Enforcement and Regulation Team. The inspection revealed serious and significant fire safety deficiencies, not only associated with the presence of ACM cladding but also in relation to the fire safety systems employed by the building, (such as cladding compromising the main fire escape route and fire service access to the building, severely compromised compartmentalisation, service cupboards being used to store combustible materials, a insufficiently protected seventh storey boiler room, a malfunctioning smoke extraction system, etc. There were also major concerns over the building management regime and the lack of understanding from residents as to what they are supposed to do in the event of a fire.
5.6 A formal assessment was carried out under the Housing Act 2004, using the Housing, Health and Safety Rating System (HHSRS). This categorised the fire risk at the building as a Category One. This means that although there is not an imminent risk to health and safety the risks are severe, and the Council is under a legislative duty to take action.
Immediate Action 5.7 As a result of the inspection immediate contact was made with the building owners and their appointed management company, highlighting areas of improvements that we would expect them to take swiftly, being: a. extending the CCTV to cover the ACM clad wall 24 hours a day. This is in lieu of a waking watch. b. provide a system of interlinked smoke alarms to the flats compromised by the location of the ACM around the stairwell/core adjacent to the lifts. This will provide the flat occupants early warning of a fire in the stairwell and afford them time to escape using the alternate means of escape at the other end of the building; c. communicate the evacuation strategy to all leaseholders and occupants; and, d. fix the smoke extraction system. There was a fault showing on this system (the same fault that was present when the last Fire Risk Assessment that was carried out in April 2019).
Page 84
5.8 In response the building owners have appointed a firm of fire engineers. They have repaired the smoke extraction system (though we are awaiting certification to prove this) and informed us they are working on the CCTV and fire alarm system. This is being closely monitored.
Enforcement Action (under the Housing Act 2004) 5.9 Improvement Notice - It identifies the issues and sets out the works needed to be done to remedy the deficiencies. It gives timeframes for these works. This is the preferred course of action as it requires works to be completed within a reasonable time frame.
5.10 The Notice has been served with over 400 copies sent to occupant, leaseholders and other interested parties. In addition, the Council served a charge for enforcement Notice for approximately £4,000. This is to recover some of the costs associated with determining to serve the notice. The Notice wasn’t appealed. Officers are closely monitoring progress with the works needed at the block.
5.11 If the building owners fail to comply with the Notice the Council can do the following: a. prosecute – it is a criminal offence to fail to comply and carries an unlimited fine; or, b. issue a civil penalty of up to £30,000 instead of a prosecution, and/or, c. carry out works in default of the notice. This is where the Council would procure the contractors to carry out the works and oversee the works. The cost of the works and the officer’s time in doing this are paid for by the Council and are fully recoverable from the recipients of the notice.
5.12 It is difficult to estimate the cost of works at this stage as intrusive surveys will need to be carried out to determine the extent of some failures. However, as a very rough estimate, the works could cost up to £150,000.
6. Unlicensed Guardian HMO 6.1 A complaint was received from an occupant of a 10-storey building regarding poor management. The property had been previously occupied as a University Halls of Residence, but was now leased by a property guardian company to provide security against vandals and trespass. When inspected, the property was occupied by about 30 people, some of whom did not realise they were ‘guardians’ and thought this was a regular tenancy. Each occupant had their own lockable bedroom for their sole occupation, and they shared kitchen and bathroom facilities. The tenants’ concerns were that rough sleepers were breaking in and sleeping in a storage room on the ground floor, there were regular false fire alarms but the control panel was accessible to all, so anyone could reset the alarm to turn the sounders off, and there was issues with refuse, storage and maintenance.
6.2 There had been new pipes fitted to improve the hot water system, and new cabling installed, which has resulted in the compartmentalisation between floors to be severely compromised, and many of the fire doors to the rooms were damaged. It was our view that the property was occupied as an HMO and should have been licensed.
6.3 The guardian company agreed to rectify the problems, move all of the occupants to the lower floors and give them training on their role as guardians, and seal off the upper four floors to reduce the risk. They also agreed to apply for an HMO licence at a cost of £4,464.
6.4 The occupants now have a much shorter escape route, they do not have access to the fire alarm control panel, the compartmentalisation between the floors and around each unit has been upgraded and the alarm system is tested weekly. Management of the property has improved, Page 85
unauthorised access has been prevented by repairs to the rear doors, the refuse problems have been rectified, and the huge quantity of mattresses and bikes on the ground floor have been removed and those areas sealed off.
Before and After of the ‘rough sleeper’ area
Before and After of panels above fire doors – they were upgraded to provide adequate fire compartmentalisation.
Page 86
Examples of poor management – ground floor rooms used as storage of unused furniture, and damaged fire doors.
7. Tackling Appeals – against a decision to vary a licence 7.1 HMOs (House in Multiple Occupation) where five or more people in two or more households that share facilities require an HMO licence.
7.2 On the 25 March 2019, this Service received an HMO licensing application in respect to the Crewdson Road London SW9 0LJ.
7.3 An inspection of the four storey premises found it to be in relatively good condition with the appropriate amenities, fire alarm system and fire doors. However, a number of hazards were identified. The deficiencies related to fire safety in particular a kitchenette area on the second-floor landing under the stairs leading to the third floor. The kitchenette compromised tenants’ ability to escape if there was a fire. The guiding principle for the means of escape (i.e., staircase, landings, and hallways) is that it must be maintained in a sterile state in the context of fire. This means that it must be clear of materials that could add fuel to a fire.
7.4 An HMO licence was issued to the owner requesting the kitchenette area be removed in addition to some other minor fire safety works. The London Fire Brigade were consulted in respect to these works and were satisfied with our proposals. The owner who is also the licence holder made representation stating that the requested work relating to the removal of the kitchenette were unreasonable. Despite attempts to come to an agreement the HMO licence was varied and issued in November 2019 to include the removal of the kitchenette area as a condition of the licence and to be completed within a specific time (eight weeks).
7.5 The owner appealed to the First Tier Tribunal (FTT) in respect to our decision to vary the HMO licence. One of the grounds of the appeal was the validity of the notice by reason of the inclusion of an incorrect date that he stated rendered the Notice defective and therefore makes the supposed variation of the licence invalid.
7.6 It was agreed that the question of the validity of the Notice (re: incorrect date) would be determined as a preliminary issue. On the 9 July 2020, the FTT agreed with our position and determined the Page 87
Notice to be valid (i.e., the inclusion by error of 13 November 2019 rather than 16 December 2019).
7.7 The owner appealed to the Upper Tribunal in respect to the FTT’s decision but on the 18 December 2020 the owners appeal failed. The Upper Tribunal agreed with the FTT’s reasoning and upheld its decision.
7.8 A hearing has been set for 7 May 2021, with regard to the original appeal, our decision to vary the HMO licence, this will be held at the FTT.
7.9 To date we do not have a resolution in respect to the works relating to the second-floor kitchenette area despite offering alternatives. We will continue our efforts to get the matter addressed prior to the trial but so far, the owner has been unwilling to compromise.
7.10 In addition to the above the owner has also made both FOI and SAR requests which took considerable officer time and cost in additional to all the above.
7.11 Although the addition issue of Covid-19 has exacerbated the delay, this case demonstrates the length of time issues can get caught up by appeal, which to date has been over 14 months and is unlikely to be concluded before May 2021. These delays means that tenants continue to live in conditions that represent a risk to their safety.
7.12 As a precaution we therefore let the LFB know of these issues so they can in turn ‘flag’ the property in case they are called to deal with a fire.
8. Civil Penalties for failing to licence an HMO
8.1 The landlord of an unlicensed HMO property and the landlords father were both issued civil penalty notices following a complaint received from an occupying tenant.
8.2 The landlord received a fine of £24,500.00 for failing to licence the property and his father received a much reduced fine of £1,500.00 for aide and abeiting an unlicensed HMO. The latter penanlty is thought to be the first of its kind in the country for dealing with an accessory to the crime.
Page 88
8.3 The landlord worked abroad and his father looked after the property in his sons absence.
8.4 The three storey terraced property occupied by five tenants and who all shared cooking and washing facilities at the property. The property did not have any smoke alarms of adequate fire precautions.
8.5 Once the council became involved tenants were suddenly moved out of the property and there was an attempt to conceal evidence.
Lack of fire precaution under Absence of fire doors Absemce of fire stairs ground floor doors first and second floor
Page 89 Agenda Item 5
HOUSING SCRUTINY SUB-COMMITTEE 06 JULY 2021
Report title: 2021-22 Housing Scrutiny Sub-Committee Work Programme
Wards: All
Portfolio: Cabinet Member for Finance and Performance: Councillor Andy Wilson
Report Authorised by: Interim Director of Legal and Governance: Tasnim Shawkat
Contact for enquiries: David Rose, Democratic Services Officer, 020 7926 1037, [email protected]
REPORT SUMMARY
This report sets out the Housing Scrutiny Sub-Committee’s work programme as currently drafted and provides a record of recommendations and actions arising from previous meetings (Appendix 1).
FINANCE SUMMARY
There are no financial implications beyond the existing Scrutiny budget.
RECOMMENDATIONS
1. To consider and approve the work programme as currently drafted (Appendix 1) and identify and prioritise matters for future scrutiny of Housing.
Page 90
1. CONTEXT 1.1 A new Housing Scrutiny Sub-Committee (HSSC) was established following the 21 April 2021 Annual Governance Meeting (AGM) of the Full Council and its Chair, Councillor Mary Atkins, also sits on Overview and Scrutiny Committee (OSC) to ensure coordination of work between the two bodies, eliminate potential duplication and feed in findings between the two meetings, where relevant. This is the first meeting of the Housing Scrutiny Sub-Committee in the 2021-22 municipal year.
Terms of Reference 1.2 The Housing Scrutiny Sub-Committee’s terms of reference are detailed in Lambeth Council’s Constitution, page 62, as follows: a. To scrutinise private sector housing enforcement and regulation and the work of the Housing Department in supporting the borough’s goal to improve housing quality in its social homes and neighbourhoods, and managing the Lambeth Housing Partnership with other Registered Providers. This includes: i. housing needs; ii. homelessness; iii. home ownership; iv. leaseholders and rents; v. tenancy and estate management; vi. housing repairs; vii. compliance and major works; and, viii. the Direct Labour Organisation (DLO).
Meetings and Membership 1.3 The 21 April 2021 AGM of the Full Council also agreed the Committee membership and meeting dates for the 2021-22 municipal year.
1.4 Three meetings of the Housing Scrutiny Sub-Committee are scheduled in 2021-22 as follows: a. 06 July 2021; b. 16 November 2021; and, c. 01 March 2022.
1.5 The Housing Scrutiny Sub-Committee membership for 2021-22 is: a. Councillor Mary Atkins (Chair) b. Councillor Paul Gadsby c. Councillor Emma Nye d. Councillor Rezina Chowdhury e. Councillor Ibrahim Dogus f. Councillor Pete Elliott g. Councillor Clair Wilcox (substitute) h. Councillor Becca Thackray (substitute)
2. PROPOSAL AND REASONS 2.1 The Housing Scrutiny Sub-Committee may set its own agenda within the scope of its terms of reference and this report serves to invite the Sub-Committee to consider its work programme at each meeting. Although some flexibility needs to be retained to enable items to be added at relatively short notice, planning the Committee’s work programme facilitates scrutiny of those matters Members consider to be a priority, assists in the commissioning of reports and helps ensure that matters are considered in a timely manner.
Page 91
2.2 The Sub-Committee’s work programme and action monitoring table are attached at Appendix 1. The work programme is updated following completion of any actions or recommendations arising or timetabling of new items. The work programme should be monitored at each meeting to ensure that previous actions and requests have been completed in full.
2.3 When considering which items to include in the work programme the following questions can usefully be asked of each proposed topic: a. are statutory requirements being met effectively? b. are quality services being delivered? c. are any audits or external inspections due? d. are the specific needs of user groups being met? e. does the service compare well with neighbouring/other comparable authorities and against national performance indicators? f. are the associated services improving? g. do the services know what changes are imminent or likely and are preparations being made? h. is this a priority for the Council?
Borough Plan 2.1 Lambeth’s Borough Plan sets out the outcomes and objectives that the Council is trying to achieve; these can be a useful tool for scrutiny members in their holding to account role; and, to support the consideration, identification, and prioritisation of work programme items. The Borough Plan is based around five big ambitions: a. enable sustainable growth and investment; b. increase community resilience; c. promote care and independence by reforming services; d. make Lambeth a place where people want to live, work and invest; and, e. be passionate about equality, strengthening diversity, and delivering inclusion.
Performance Information 2.4 Information on performance across all matters within Lambeth’s Housing Services is contained in the Quarterly Budget and Performance report. This information may support development of the Sub-Committee’s annual work plan and identify priority issues for future scrutiny.
Forward Plan 2.5 The Forward Plan lists all key decisions that the Council (including the Health and Wellbeing Board) will take over the coming months. A key decision is defined as an executive decision which will: a. Require an amendment to the Community Plan Outcomes Framework or require a recommendation to Council to amend the Budget and Policy Framework; and/or, b. Result in the local authority incurring expenditure, raising income or making savings in excess of £500,000; and/or, c. Have a significant community impact on: i. communities living or working in an area comprising two or more wards in Lambeth; ii. the wellbeing of the community or the quality of service provided to a significant number of people living or working in an area; or, iii. communities of interest.
2.6 The Plan is therefore a useful tool for identifying forthcoming decisions where the committee could add value.
Page 92
3. FINANCE 3.1 There are no additional capital or revenue implications arising as a direct result of this report. The work programme will be undertaken within the existing budget provision for Scrutiny within the Democratic Services department within the Legal and Governance directorate.
4. LEGAL AND DEMOCRACY 4.1 There are no legal implications, but advice on specific work programme items may be provided in the future.
4.2 There are no additional comments from Democratic Services.
5. CONSULTATION AND CO-PRODUCTION 5.1 All Members of the Council are entitled to suggest items for scrutiny work programmes in accordance with the Council’s scrutiny procedure rules (Constitution Part 3, Section B, pages 61 – 77). Suggestions are also invited specifically from scrutiny members as part of their community leadership role and from members of the public. The Council’s website includes a form for the submission of suggestions and for public notice questions.
6. RISK MANAGEMENT 6.1 None.
7. EQUALITIES IMPACT ASSESSMENT 7.1 An Equalities Impact Assessment of the work programme has not been undertaken. Reports commissioned by the Sub-Committee will be expected to address any equalities issues. Any recommendations arising from commissions will have equalities implications considered at the drafting stage.
8. COMMUNITY SAFETY 8.1 None.
9. ORGANISATIONAL IMPLICATIONS Environmental 9.1 Not applicable.
Health 9.2 Not applicable.
Corporate Parenting 9.3 Not applicable.
Staffing and accommodation 9.4 Not applicable.
Responsible Procurement 9.5 Not applicable.
Page 93
10. TIMETABLE FOR IMPLEMENTATION 10.1 See Appendix 1.
Page 94
AUDIT TRAIL
Date Comments in Name and Position/Title Lambeth Directorate Date Sent Received paragraph: Chair, Housing Scrutiny Sub- Councillor Mary Atkins 17.06.21 17.06.21 Committee Nisar Visram, Finance Finance and Performance 17.06.21 18.06.21 Andrew Pavlou, Legal Legal and Governance 17.06.21 18.06.21 Services David Rose, Democratic Legal and Governance 17.06.21 17.06.21 Services Sandra Roebuck, Director of Infrastructure and Resident Services 17.06.21 For info Capital Delivery Neil Euesden, Director: Resident Services 17.06.21 For info Housing
REPORT HISTORY
Original discussion with Cabinet Member N/A Report deadline 23.06.21 Date final report sent 23.06.21 Part II Exempt from Disclosure/confidential No accompanying report? Key decision report No Date first appeared on forward plan N/A Key decision reasons N/A a. Lambeth Borough Plan b. Forward Plan of Key Decisions Background information c. Lambeth Council Constitution d. Full Council AGM 21.04.21 Appendix 1 – Housing Scrutiny Sub-Committee Appendices Work Programme 2021-22
HOUSING SCRUTINY SUB-COMMITTEE 2021-22 WORK PROGRAMME
NB: Visits should recommence from the 21 June 2021 once restrictions are lifted.
06 July 2021
Lead Background Item/Topic Aims/Objectives and recommendations Visits Witnesses Officer information 1. overview of stats for past 3 years with comparable boroughs’ stats; housing needs assessment, including joint working between Housing and Children’s Services to help Neil Homelessness cohorts coming out of housing pathways; protocols for Euesden those that must leave urgently for domestic violence and other issues Registered Social Neil Landlord (RSL) 1. what’s possible and what is not Page 95 Euesden Joint Working Private Rented 1. what controls are we using to work with and raise Sandra
Sector standards in the sector Roebuck
Pre-meet with Lead Officers: 01 July 2021 Draft deadline: 15 June 2021 Final deadline: 23 June 2021 Agenda publication date: 28 June 2021
16 November 2021
Lead Background Item/Topic Aims/Objectives and recommendations Visits Witnesses Officer information 1. how best to bring these back into use quickly (to include Neil Empty Homes joint work with RSLs, who have to publish stats on how Euesden quickly they bring voids back into use); other boroughs’ incentives etc. Street Properties Neil Repair Strategy 1. Euesden and Billing
Pre-meet with Lead Officers: TBA Draft deadline: 26 October 2021 Final deadline: 03 November 2021 Agenda publication date: 08 November 2021
01 March 2022 Page 96
Lead Background Item/Topic Aims/Objectives and recommendations Visits Witnesses Officer information 1. Lessons Learnt from current contract term, particularly in Performance of relation to responsive repairs, including how it is Neil New Housing proposed these lessons will be addressed in the new Euesden Contracts contract design.
Pre-meet with Lead Officers : TBA Draft deadline: 08 February 2022 Final deadline: 16 February 2022 Agenda publication date: 21 February 2022
Issues for potential future scrutiny
The following matters have been identified by Members at previous meetings:
1. 2.
Post-Meeting Actions
17 September 2019 (Contracts and Procurement) Overview and Scrutiny Committee
RAG Report Title Outcome & Actions Arising Lead Action status Deadline Stat us 1. That the committee requests a report on TBC – lessons learned from the current Extension to April 2020 sought to allow for the final procurement contract term, particularly in relation to Andrew design of the DLO. This will allow for a more complete Page 97 extended A responsive repairs, including how it is Jacques record of the learning which has been designed into the due to Covid- proposed these lessons will be new contracts and direct delivery arrangements. 19 addressed in the new contract design 2. That information be requested regarding TBC – procurement the diversity of current engagement Andrew This information is being put together and will be Design of Housing mechanisms (including demographics reported. This will be updated to reflect the new extended A Jacques Services After 2020 and tenure) and how this compares to membership. due to Covid- the borough’s population 19 3. That the committee believes a strong The council has already created a centralised team that contract management function is will provide contract scrutiny, cost management and TBC – essential to deliver improved outcomes governance oversight across all of the newly procured procurement and drive value over time, and suggests Neil Euesden contracts – as well as the proposed DLO. There are a extended A number of vacant roles in the centralised team that could that consideration be given to take 4 – 5 months to fill – hence the request to extend due to Covid- establishing a centralised team of the deadline. This will however still see the roles filled 19 specialists to carry this out ahead of the new contracts and DLO commencing. 4. That further information be requested Extension requested because although resident services regarding how the new service design is setting out minimum carbon reduction requirements in TBC – will support the Council’s climate its tender invites and method statements, bidding procurement change ambitions and contribute to the Neil Euesden contractors are being tasked with presenting further extended A Council’s carbon neutrality target, carbon reduction solutions in their method statements – due to Covid- particularly in relation to repairs and and these solutions will not be fully known and form 19 maintenance contractual obligations before April 2020. 5. That information be requested on the The restructure will not be fully developed until April TBC – housing service restructure and how 2020 and there are some services still being designed procurement this will support and complement the that may require further tweaks to the clienting Neil Euesden structures. Management is working with staff on how extended A new contractual arrangements while best to client the new delivery arrangements and no due to Covid- ensuring staff morale is not adversely changes are being made without consultation. Training 19 affected will also be provided where necessary.
06 July 2021 Page 98 RAG Report Title Outcome & Actions Arising Lead Action status Deadline Stat us 6. Homelessness 7. Registered Social 1. Landlord (RSL) 2. Joint Working Private Rented 1. Sector 2.
16 November 2021 RAG Report Title Outcome & Actions Arising Lead Action status Deadline Stat us 1. Empty Homes 2. Street Properties 1. Repair Strategy 2. and Billing 1.
2. 1.
2.
Page 99 01 March 2022 RAG Report Title Outcome & Actions Arising Lead Action status Deadline Stat us Performance of 1. New Housing 2. Contracts 1.
2.
This page is intentionally left blank