Selective Licensing Proposal for East, Boscombe West and East Cliff & Consultation Document 9th January 2017 – 1st May 2017

1 INTRODUCTION 1

The Private Rented Sector in 1

The Private Rented Sector in Boscombe East, Boscombe West and East Cliff & Springbourne 1

2 WHAT IS SELECTIVE LICENSING? 2

The Licensing Process 3

Licensing conditions 4

Granting and refusing a licence 4

What happens if a landlord lets a property without a licence? 5

What does the Council have to consider in deciding whether to designate a Selective Licensing area? 6

What are the Potential Benefits of Selective Licensing? 8

3 WHY DO WE THINK WE NEED SELECTIVE LICENSING IN BOSCOMBE EAST, BOSCOMBE WEST AND EAST CLIFF & SPRINGBOURNE? 9

4 WHAT EVIDENCE DO WE HAVE TO SUPPORT THE PROPOSED SELECTIVE LICENSING AREA? 11

Low housing demand (or is likely to become such an area) 11

A significant and persistent problem caused by anti-social behaviour 12

Poor property conditions 13

High levels of deprivation 15

High levels of crime 17

5 DEFINING THE PROPOSED SELECTIVE LICENSING AREA 19

6 WHAT DO WE HOPE TO ACHIEVE? 21

7 WHAT ARE THE RISKS? 24

8 OVERALL HOUSING STRATEGY 25

9 WHAT OTHER OPTIONS HAVE BEEN CONSIDERED? 25

10 PROPOSED LICENCE CONDITIONS 25

Licensing conditions 26

Tenancy management 26

Property management 26

Anti-social behaviour 26

11 LICENCE FEES 26

12 CONSULTATION 29

Methods of consultation 29

How do I respond to the consultation? 30

APPENDIX A- SUPPORTING EVIDENCE 32

Overview 32

1 LOW HOUSING DEMAND 32

Residential Property Values 33

Tenure 34

Empty Properties 36

Conclusion 37

2 ANTI-SOCIAL BEHAVIOUR (ASB) 38

Recorded levels of anti-social behaviour 38

Anti-social Behaviour over time 40

Anti-social behaviour and privately rented stock 40

Perceptions of Anti-social behaviour 41

Conclusion 43

3 CRIME 44

Recorded levels of crime per ward 44

Levels of Crime over time 45

Conclusion 45

4 DEPRIVATION 46

Indices of Deprivation 2015 46

Indoor Living Deprivation 48

Employment Status - Out-of-work Benefits 50

Health of Households 51

Conclusion 53

5 DEFINING THE PROPOSED SELECTIVE LICENSING AREA 53

APPENDIX B- ALIGNMENT WITH COUNCIL STRATEGIES 59

APPENDIX C- OTHER OPTIONS 62

APPENDIX D - PROPOSED LICENCE CONDITIONS 66

1 MANDATORY CONDITIONS 66

Non Mandatory Conditions 68

APPENDIX E- RISK ASSESSMENT 70

APPENDIX F- FINANCIAL SUMMARY 74

1 SELECTIVE LICENSING PROJECT ASSUMPTIONS 74

2 STAFF REQUIREMENT 74

3 PROFIT AND LOSS ACCOUNT 75

APPENDIX G- PROPOSED SELECTIVE LICENSING AREA 76

1 Introduction

Bournemouth Borough Council wants to hear your views about the proposal to introduce Selective Licensing to an area within Boscombe East, Boscombe West and East Cliff & Springbourne wards. If you are a tenant, resident, landlord, letting agent or a business living or operating in the proposed area you could be affected by the proposals outlined in the document. If you live or operate outside of the proposed area and might be indirectly affected by the proposal, we would also like to hear your views. Consultation is open between the 9th January 2017 and the 1st May 2017.

The Private Rented Sector in Bournemouth

Nationally, the private rented sector has grown rapidly in the last 10 years and this reflects the position in Bournemouth. However, the town’s private rented sector has been larger than the national benchmark for many years and now accounts for 31% of all households compared to the national average of 18%1. At ward level the picture across the town varies considerably, ranging from levels of 9.9% in South to the highest levels of 62.3% in Boscombe West2.

A well-managed private rented sector has an important role to play in providing choice and meeting housing need. However, the generally short term nature of private tenancies also brings with it concerns about the impact on communities when the sector gets out of balance and especially when privately rented properties are not well managed. Too often poorly managed properties result in unacceptable levels of anti-social behaviour, which can be damaging to local neighbourhoods if not dealt with.

The Private Rented Sector in Boscombe East, Boscombe West and East Cliff & Springbourne

Boscombe West has the highest percentage of privately rented accommodation in Bournemouth at 62%. In East Cliff & Springbourne the percentage of private rented accommodation is 47% and in Boscombe East it is 35%3. Some areas within the three wards of Boscombe East, Boscombe West and East Cliff & Springbourne have issues relating to high levels of anti-social behaviour, high levels of crime and high levels of deprivation and these issues correlate to areas where there is a significant proportion of private rented accommodation. A detailed analysis of the data appears in Appendix A.

1 Source: Office for National Statistics (ONS), Tenure 2011, KS402EW 2 Source: Office for National Statistics (ONS), Tenure 2011, KS402EW 3 Source: Office for National Statistics (ONS), Tenure 2011, KS402EW 1

2 What is Selective Licensing?

There are many areas across the country that suffer from the issues that Boscombe East, Boscombe West and East Cliff & Springbourne are experiencing. In recognition of this, the Government’s Housing Act 2004 gives councils the powers to introduce Selective Licensing schemes for privately rented properties in selected areas for a period of up to five years. A Selective Licensing designation can only be made if the designated area is experiencing one or more of the following criteria:

 Low housing demand (or is likely to become such an area)  A significant and persistent problem caused by anti-social behaviour  High levels of crime  Poor property conditions  High levels of migration  High levels of deprivation The full criteria that must be met in order to designate a Selective Licensing area is covered fully in section 2 and our reasons and evidence for the proposed area are summarised in sections 3-5 and evidenced fully in Appendix A.

The Housing Act 2004 gives Councils the power to introduce Selective Licensing schemes for privately rented properties in selected areas for a period of up to five years. The Council can designate the whole or any part or parts of its area as subject to Selective Licensing.

The purpose of such a scheme is to improve standards of property management in the private rented sector. If a landlord rents out property in a Selective Licensing area they will need to obtain a licence from the Council, subject to certain exemptions.

The licence will require landlords to manage their properties in accordance with conditions that the Council specifies; failure to do so could lead to enforcement action. Bournemouth Borough Council proposes to introduce a Selective Licensing scheme in areas of the Boscombe East, Boscombe West and East Cliff & Springbourne wards of the town.

A Selective Licence will not be required for the following properties:

 Houses of Multiple Occupation (HMOs) which are required to be licensed under Part 2 of the Housing Act 2004;  properties subject to a “temporary exemption notice”;  properties subject to a Management Order;

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 properties which are occupied under a tenancy or licence which has been granted by a non-profit registered provider of social housing;  properties which are occupied under a tenancy or licence which has been granted by a profit-making registered provider of social housing in respect of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008);  properties which are occupied under a tenancy or licence which have been granted by a body which is registered as a social landlord under Part 1 of The Housing Act 1996;  properties let under tenancies or licences described as ‘exempt’ from the requirement to be licensed by the Selective Licensing of Houses (Specified Exemptions) () Order 2006/370. At the end of the five years, the scheme must be reviewed.

The Licensing Process

A landlord will have to complete an application and submit certain required documents and a fee to cover the cost of licensing. The Council will assess the landlord’s application in relation to;

 the management competence;  the suitability of their management structures;  the adequacy of the funding arrangements;  whether the proposed licence holder is a ‘fit and proper person’ The ‘fit and proper person’ test will consider any relevant offending history of the applicant, specifically in relation to offences involving fraud or other dishonesty, violence or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c. 42) (offences attracting notification requirements). We will also consider evidence that the applicant practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business, contravened any provision of the law relating to housing or of landlord and tenant law; or acted otherwise than in accordance with any applicable code of practice.

Having sought representations from interested parties, the Council will then either approve or refuse a licence for a period of up to the length of the scheme (maximum five years) with conditions on the licence holder.

In assessing if a person is a ‘fit and proper person’, the Council will not automatically require a ‘Disclosure and Barring Service’ check. It will require the landlord to declare any relevant offences and will check records within the Council or partner

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organisations or any other register, as to landlords’ suitability. The Council will share information within the Council and partner organisations.

A licence may not be transferred to another person. If the licence holder dies, the licence is terminated on her/his death. However, the property is treated as if a temporary exemption notice has been served for a period of three months after her/his death and a further three months at the request of the representatives of the licence holder. A licence can be varied or revoked.

A landlord, or ‘relevant person’, may wish to challenge decisions relating to the grant, variation or revocation of a licence. S/he can do so by applying to a residential property tribunal within 28 days of the date of the decision.

Licensing conditions

A licence would normally be valid up to the expiry of the scheme. Every licence will have a set of conditions which the licence holder would be required to comply with.

There are certain mandatory conditions which the Council must include in the licence. In addition, the Council has the discretion to add other conditions to the licence in relation to the general management of the house. These can include conditions relating to the use and occupation of the house, and measures to deal with anti-social behaviour of the actual tenants or those visiting the property. However, the conditions imposed must be ones which relate to the residential use of the property – they cannot, for example, place responsibilities on landlords to act where tenants may be committing crimes unrelated to their occupation of the property.

Details of the proposed licence conditions in full can be found in Appendix D.

Granting and refusing a licence

When applying for a licence, the local authority would need to establish that the landlord and, if relevant, any managing agent, was a ‘fit and proper’ person; and that they manage their properties correctly, including taking appropriate action against tenants who are causing anti-social behaviour.

A landlord would require a licence for each property in the designated area, subject to the exemptions listed above.

In deciding if the licence holder or manager is a fit and proper person, the authority must have regard to any previous convictions relating to violence, sexual offences, drugs or fraud; whether the proposed licence holder has contravened any laws relating to housing or landlord and tenant issues; and whether the person has been found guilty of unlawful discrimination practices and any other relevant information.

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However, the local authority is not required to carry out blanket checks on all landlords, except if they have concerns.

The Council has the power to refuse to grant a licence to the applicant, or it can grant the licence to some other person if both it and the applicant agree. Applicants have the right to appeal against certain Council decisions relating to the grant, refusal, variation or revocation of licences. The Council must follow procedures when making these decisions and advise landlords of their right of appeal when appropriate.

What happens if a landlord lets a property without a licence?

It is a criminal offence to let a property in an area of designated Selective Licensing without a licence. Failure to apply for a licence could lead to prosecution and the offence is punishable by an unlimited fine.

In addition, the tenants of the property or the Council could apply to the First Tier Tribunal Property Chamber for a Rent Repayment Order. This means that a landlord could be ordered to repay the rent they received during the period in which the property was unlicensed (subject to certain limits set out in Sections 96 and 97 of the Housing Act 2004).

A landlord is also prevented from serving a Section 21 Notice under the Housing Act 1988 in relation to a shorthold tenancy of the whole or part of any property which is an ‘unlicensed house’.

The Council must make what is called an ‘Interim Management Order’ in respect of a property which should be licensed under a Selective Licensing scheme but isn’t, and the Council considers that:

 there is no reasonable prospect of the property being so licensed in the near future  the ‘health and safety’ condition is satisfied (The ‘health and safety’ condition is that the making of an Interim Management Order is necessary for the purpose of protecting the health, safety or welfare of persons occupying the property, or persons occupying or having an interest in premises in the vicinity). An Interim Management Order lasts for a maximum period of 12 months, during which time the Council has the right to do anything in relation to the property which the landlord would be able to do, except for certain powers such as, for example, creating tenancies (the landlord must consent to this in writing) or selling the property.

In certain circumstances, a Final Management Order can replace an Interim Management Order. A Final Management Order can last for a period of up to five years. 5

A licence holder (or person upon whom restrictions or obligations are imposed by the licence) will also commit a criminal offence if they fail to comply with any condition of a licence. This offence is punishable by a fine.

Bournemouth Borough Council recognises and affirms the importance of achieving and maintaining consistency in making decisions that concern regulatory enforcement action, including prosecution. Decisions on enforcement will be taken in accordance with our enforcement policy.

What does the Council have to consider in deciding whether to designate a Selective Licensing area?

A Selective Licensing designation may be made if the area to which it relates satisfies one or more of the following conditions. The area is one experiencing:

 low housing demand (or is likely to become such an area)  a significant and persistent problem caused by anti-social behaviour  poor property conditions  high levels of migration  high levels of deprivation  high levels of crime In considering whether to designate an area for Selective Licensing on the above grounds, the Council may only make a designation if the area has a high proportion of property in the private rented sector; those properties must be occupied either under assured tenancies or licences to occupy.

Non-statutory guidance issued by the Department for Communities and Local Government in March 20154 (‘The Government guidance’) advises that a local housing authority may only make a designation if the area has a high proportion of property in the private rented sector compared to the national average. The national average is 18%5.

When considering whether to make a Selective Licensing designation a local housing authority must first identify the objective/s that a designation will help to achieve – it must identify whether the area is suffering problems (providing evidence of these problems) that are attributable to any of the above criteria for making a designation and what it expects the designation to achieve.

It should only be used where existing measures alone are not sufficient to tackle the underlying housing problems of a specific area. It must also consider whether there

4 “Selective Licensing in the private rented sector – A Guide for local authorities” 5 Office for National Statistics (ONS), Tenure 2011, KS402EW 6

are any other courses of action available that would achieve the same objective/s as the proposed scheme without the need for the designation to be made.

Local authorities should also carefully consider any potential negative economic impact that licensing may have in their area and some of the other possible effects of the designation (and to include any risk assessment they may have carried out).

The Council must not make a particular designation unless:

(a) they have considered whether there are any other courses of action available to them that might provide an effective method of achieving the objective/s that the designation would be intended to achieve, and

(b) they consider that making the designation will significantly assist them to achieve the objective/s (whether or not they take any other course of action as well).

The Council must decide what other measures they, or other persons together with the local authority, will take together with the Selective Licensing scheme to eliminate or mitigate the problems identified in the area and how they will work together.

The Council will have to show how such a designation will be part of the overall strategic borough wide approach and how it fits with existing policies on:

 homelessness  empty homes  regeneration  anti-social behaviour associated with privately renting tenants With effect from 1 April 2015, Councils need to apply to the Secretary of State for Communities and Local Government (Secretary of State) for confirmation of any scheme(s) which would cover more than 20% of their geographical area or that would affect more than 20% of privately rented homes in the local authority area.

Under these new arrangements, if a Council makes a designation that covers 20% or less of its geographical area or privately rented properties, the scheme will not need to be submitted to the Secretary of State, provided the authority has consulted for at least 10 weeks on the proposed designation.

However, if the Council makes one or more designations that are in force partly concurrent to an existing scheme, and cumulatively all the designations cover more than 20% of the area or the private rented stock, those new designations will need to be submitted to the Secretary of State for approval. Also, if two new designations account for more than 20% of the area or private rented stock when added together, they would both need to be submitted to the Secretary of State for approval.

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The proposed Selective Licensing area contains less than 20% of the private rented stock in the Borough; therefore, should the Council decide to adopt the proposed Selective scheme, they would not have to apply to the Secretary of State for approval.

What are the Potential Benefits of Selective Licensing?

2.6.1 Benefits to Neighbourhoods and Communities:  Increasing housing demand and reducing anti-social behaviour will improve problem areas, making these safer, more desirable places to live  Reducing environmental and crime costs  Making it easier to involve all landlords in wider strategies including crime reduction initiatives, local spatial strategies and other plans  Protecting vulnerable groups, who are often occupiers of privately rented accommodation which is poorly managed and maintained.

2.6.2 Benefits to Tenants  More professional landlords should bring about improvements to the quality, safety and management of property  Tenants could also see financial benefits, for example in reduced heating costs and improved likelihood of regaining any deposit paid. However, this must be considered against the potential disadvantages of any cost increase to the tenant  Improvements to the neighbourhood would also benefit private tenants’ security and sense of community  Better management practices should help to increase length of tenure and reduced incidence of unplanned moves or homelessness.

2.6.3 Benefits to Landlords  Responsible landlords will receive information and support  Poorly performing landlords will receive support and training to improve  Licensing creates a level playing field, so decent landlords will not be undercut by an unscrupulous minority  Improved rental income as areas improve  Improvement in the reputation of private landlords  Shorter void periods and reduced tenant turnover  They will have the option to join an accredited scheme for additional support and advice (which can extend to non-Selective Licensing areas)  Accredited landlords can be involved in local choice based letting schemes 8

 The local authority can provide practical support and training around dealing effectively with anti-social behaviour from tenants.

2.6.4 Benefits to The Council  Landlords who have not responded to any previous measures (such as registration schemes or voluntary codes of practice) will be forced to engage with the Council  Irresponsible landlords will be forced to improve their practices or leave the market  Schemes should be easy to administer and explain, as all private landlords in a designated area would be covered by licensing of some kind  The Council will gain extensive knowledge about private renting in a particular area  This will enable the Council to target support, information and enforcement more effectively, and to better understand the root of the problems the area faces.

3 Why do we think we need Selective Licensing in Boscombe East, Boscombe West and East Cliff & Springbourne?

Bournemouth has an increasing private rented housing sector and for the majority of the Bournemouth area this provides valuable accommodation for residents who don’t want or are unable to own their own home. However, in areas within Boscombe East, Boscombe West and East Cliff & Springbourne there is concern not only about the quality of some of the housing in the private rented sector, but also around the levels of anti-social behaviour, crime and deprivation which the Council believes is directly linked to some of this accommodation.

As evidenced in this report, conditions in the proposed area are a cause for concern when considered against local and national averages, with issues that require action to secure the long term future of the area. The ‘Boscombe Strategic Assessment’6 highlighted the role that the privately rented housing stock had played in Boscombe’s deterioration and this report led to the development of the Boscombe Regeneration Partnership- a multi-agency partnership working together to improve the lives of all those who live in, work in and visit the area. Despite the ongoing regeneration work, which has achieved significant results since its inception in 2012, it is difficult to see how regeneration of the area can truly be achieved without tackling the issues within the private rented sector given its scale.

6 “Boscombe Strategic Area Assessment”, Drummond Macfarlane, 2011 9

Lower Super Output Areas (LSOAs) are small geographical areas which data can be recorded against and represents an area of approximately 1,500 people. The proposed Selective Licensing area contains some LSOAs within the 20% most deprived wards in England7. It is clear that the area also experiences a significant and persistent problem caused by anti-social behaviour and that some private landlords in that area are not taking appropriate action to tackle this. The evidence for the proposed designated area is summarised in section 4 and provided in detail in Appendix A.

Privately rented accommodation caters for people in many different circumstances and within different segments of the housing market. At the cheaper end of the market it suffers from a poor image that is unfair to responsible landlords who look after their property and see it as a long term investment, both in terms of property, and in protecting the interests of their tenants. However, some less responsible landlords are associated with poor management practices that negatively impact on their tenants and cause significant problems for the wider neighbourhood.

The Council considers that the proposed scheme, with other measures, will;

 reduce health inequalities  reduce anti-social behaviour related to the private rented sector  improve the social and economic conditions in the area The scheme will achieve this by:

 ensuring that landlords are ‘fit and proper persons’  requiring and promoting good and fair management of tenancy relations  providing support for landlords to tackle anti-social behaviour effectively  protecting vulnerable tenants from the worst housing conditions and from irresponsible landlords  securing strategic knowledge to support the local authority in targeting health and safety inspections and initiatives  supporting landlords to improve the worst properties by helping them to achieve decent minimum standards in housing conditions and management  improving housing management standards and tackling anti-social behaviour within the sector. It may also reduce environmental crime costs, such as street cleaning and fly tipping, and ill-health resulting from poor housing conditions.

7 http://www.bournemouth.gov.uk/CouncilDemocratic/Statistics/Documents/IndicesofDeprivation/IMD- 2015/IndexofMultipleDeprivation2015.aspx 10

Managed well, the private rented sector (PRS) can offer choice and flexibility for those it serves and increase the supply and choice of housing stock. The proposed scheme should see an improvement in property conditions within its five-year life and an increased sense of security and community. The scheme will allow the Council to have an in-depth understanding of the PRS in the area and any houses of multiple occupation (HMOs) identified as a result of the Selective Licensing scheme will be proactively inspected and any necessary enforcement action taken. This element will not be funded through the fees from this proposed scheme.

4 What evidence do we have to support the proposed Selective Licensing area?

Low housing demand (or is likely to become such an area)

Figure 1 uses data from the Land Registry to show the average percentage increase in value for flats between 2005 and 2015 for the wards of Boscombe East, Boscombe West, East Cliff & Springbourne. It also shows the percentage increase for Bournemouth as a whole and England as comparators.

The impact on the housing market of the current position in Boscombe West and East Cliff and Springbourne is clear, with a 0.29% increase in values in Boscombe West during the period and 7% in East Cliff & Springbourne. The increase in Bournemouth as a whole was 14% and this demonstrates that the areas of Boscombe West and East Cliff & Springbourne are particularly suffering as areas of low housing demand for owner occupation. Boscombe East however, has seen an increase way above the local average and more in line with the national picture. Further information can be found in section 2 of Appendix A.

Figure 1: Average Percentage Increase in Value (Flats) 2005 / 2015

40% 36% 35% 33% 30% 25% 20% 14% 15% 10% 7%

5% 0% 0% Boscombe East Boscombe West East Cliff & Rest of Borough England Springbourne

Source: Land Registry

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A significant and persistent problem caused by anti-social behaviour

Figure 2 shows the total number of anti-social behaviour (ASB) complaints (nuisance, personal and environmental) reported across each ward in 2015. Boscombe West, East Cliff & Springbourne show the second and third highest level of complaints respectively. The average number of ASB complaints reported across all wards during the period is 500. Boscombe West is significantly higher than this at 1,198 and East Cliff & Springbourne at 978. Boscombe East is slightly higher than the borough average at 553 complaints.8

Central ward shows the highest and most significant amount of ASB reported in 2015 and this requires further consideration. Initial investigation into this indicates that the night-time economy plays a factor in the exceptionally high levels of ASB in the ward. Areas such as Winton East and Queens Park have a high level of incidents and this is attributed to the high proportion of student accommodation in these areas.

Figure 2: Total Anti-Social Behaviour 2015

3000 2440 2500 2000

1500 1198 978 1000 620 553 504 421 414 351 285 270 500 251 250 200 191 161 146 143 127 0

Source: Police

We believe that this clearly provides evidence that the Boscombe East, Boscombe West and East Cliff & Springbourne wards experience significantly high levels of anti-social behaviour.

The criteria for designating an area for Selective Licensing states that the authority must identify a significant and persistent problem with anti-social behaviour. Figure 3 below shows the levels of three types of anti-social behaviour across the three wards for a three-year period between 2013 and 2015.

8 Source: 12

Figure 3: Anti-Social Behaviour 2013 - 2015

1200 1123 1109 960 1000 921 864 800 755

600 405 415 419 400 185 172 200 156 145 155 136 136 134 115 111 82 89 83 87 89 69 40 52 0 2013 2014 2015 2013 2014 2015 2013 2014 2015 Boscombe East Boscombe West East Cliff & Springbourne

ASB Environmental ASB Nuisance ASB Personal

Source: Dorset Police

Nuisance anti-social behaviour, which in the main can be attributed to properties, is consistently high across the three-year period in all three wards. The figures for nuisance anti-social behaviour are significantly higher than environmental or personal anti-social behaviour in all the wards. Across 2013-2015 nuisance anti- social behaviour accounted for 72.5% of all anti-social behaviour in Boscombe East (75.7% in 2015); Boscombe West, nuisance anti-social behaviour accounted for 79.7% for the three years (80.1% in 2015) and in East Cliff & Springbourne nuisance anti-social behaviour for the three-year period was 77.1% (77.1% in 2015).

We therefore believe that we can clearly evidence that there is significant and persistent anti-social behaviour within the three wards of Boscombe East, Boscombe West and East Cliff & Springbourne. Further details on anti-social behaviour including residents’ perceptions of anti-social behaviour is outlined in section 3 of appendix A.

Poor property conditions

The Indices of Deprivation 2015 includes the Living Environment Deprivation Domain which measures the quality of the local environment. The indicators fall into two sub- domains. The ‘indoors’ living environment measures the quality of housing within an LSOA.

Figure 4 shows how the LSOAs across Bournemouth rank in terms of ‘Indoor Living Deprivation’ with the darkest colours indicating the most deprived areas.

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Figure 4: Indices of Deprivation 2015 – Indoor Living Environment

The recognised measure of deprivation is any LSOA that falls within the 20% most deprived areas in England. Across the country there are a total of 32,844 of these LSOAs and the Indices of Deprivation ranks each one of these areas in order of deprivation with ‘1’ being the most deprived and 32,844 being the least deprived. Within Bournemouth there are 31 LSOAs that are within the 20% most deprived in England. Most significant however in terms of its indoor environment deprivation is the area within Boscombe West known as LSOA 5282. This ranks 26th in the country out of 32,844 LSOAs, placing it within the most deprived areas in the country for indoor living environment.

Figure 5 below shows the proposed Selective Licensing area overlaid over the Indices of Deprivation Indoors Living sub-domain. Area 5282, the most deprived area is at the centre of the proposed licensing area. Nearly all of the proposed Selective Licensing area is within the 20% most deprived areas in England for this sub- domain.

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Figure 5: Indices of Deprivation 2015 Indoor Living Environment in proposed Selective Licensing area

High levels of deprivation

The Index of Multiple Deprivation (IMD) 2015 is a relative measure of deprivation for small areas across England. It provides an overall measure of multiple deprivation experienced by the people living in that area. Figure 6 below shows the ranking for LSOAs across Bournemouth. The darker the colour the more deprived the area is. Bournemouth has 15 LSOAs that are within the 20% most deprived in England and seven are concentrated in the Boscombe East, Boscombe West and East Cliff & Springbourne wards.

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Figure 6: Index of Multiple Deprivation

Figure 7 shows the proposed Selective Licensing boundary outlined on the map for Indices of Multiple Deprivation 2015. We can clearly see that the proposed Selective Licensing area contains areas which are experiencing high levels of deprivation. Area 5282 in the centre of Boscombe West is the most deprived area in Bournemouth and has a ranking of 226 which places it within the 1% most deprived places in England.

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Figure 7: Index of Multiple Deprivation in proposed Selective Licensing area

High levels of crime

In addition to high levels of anti-social behaviour the three wards also suffer from higher levels of crime. Figure 8 below shows the levels of recorded crime by ward across Bournemouth during 20159.

9 Dorset Police 17

Figure 8: Total Crime 2015 – All Wards

4000 3738 3500 3000 2500 2000 1673 1475 1500 1182 810 784 763 741 728 1000 564 549 516 475 469 441 330 500 295 285 282 0

Source: Dorset Police

It shows that the recorded levels of crime in Boscombe West and East Cliff & Springbourne are significantly higher than the Borough average of 808 per ward, per annum. Boscombe West and East Cliff & Springbourne levels are 1,673 and 1,475 respectively. However, the average level of crime across all wards is skewed as a result of the high levels of crime in Central Ward. The Boscombe East crime figures, although below the Borough average at 784, are still the sixth highest in the area.

This is explored further in section 4 of Appendix A where the crime levels for the three wards over a three-year period are shown.

The evidence highlights that all three wards have a higher than average private rented stock and this is the case when compared to both the Bournemouth average and the national figure. Boscombe West and East Cliff & Springbourne stand out as having significantly higher levels of private rented stock than other wards in the borough and Boscombe East being above the average for the area.

All three wards are also subject to higher than average ASB, Crime and Deprivation, with perception of issues relating to ASB and crime being particularly high in Boscombe West and East Cliff & Springbourne. The Bournemouth Opinion Survey shows the perceptions that residents have with issues relating to ASB, safety at night and during the day and the area in which they live. This is detailed in section 3.4 of Appendix A.

The evidence has shown that the issues relating to ASB and crime are persistent in all three wards, with evidence covering a three-year period to illustrate that there have been no significant improvements during this time in the areas being considered.

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Levels of deprivation are significant in Boscombe West and East Cliff & Springbourne with some LSOAs of Boscombe East also experiencing high levels of deprivation.

Therefore, at ward level, there is evidence of having met the prescribed Selective Licensing conditions for ASB, crime and deprivation. However, further analysis was undertaken to define the proposed Selective Licensing area as some LSOAs, especially in Boscombe East, experience fewer issues across the board.

5 Defining the Proposed Selective Licensing Area

LSOAs are made up from Output Areas (OAs). Due to their smaller size, OAs allow for a finer resolution of data analysis. Between four to six OAs make up a LSOA. In order to determine the proposed area for Selective Licensing, further analysis using data at OA level for the wards of Boscombe East, Boscombe West and East Cliff & Springbourne was collected. This related to incidents of anti-social behaviour, Housing Benefit by employment status (an indicator of deprivation) and levels of private rented accommodation. Those areas with high levels of the three data sets have been included in the defined area for Selective Licensing. These maps are detailed in section 6 of Appendix A.

Based on this methodology, the following area is proposed:

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Within the proposed Selective Licensing area, the private rented sector accounts for 4,961 households in addition there are 71 households living rent free in the same area giving a total of 5,032 households in the private rented sector. Across Bournemouth as a whole there are 25,542 households in the private rented sector including those living rent free. The proposed Selective Licensing area therefore contains 19.7% of the total private rented stock in the Borough. (Source: KS402EW, 2011 Census, ONS, Crown Copyright)

A detailed list of the addresses included within the proposed Selective Licensing area is contained in Appendix G.

6 What do we hope to achieve?

Our proposal is made on the grounds that the proposed area:

a) contains a high proportion of properties in the private rented sector in relation to the total number of properties in the area; and that the properties are occupied either under assured tenancies or licences to occupy; and b) the area is “suffering from a high level of deprivation, which affects a significant number of the occupiers of the properties” and the designation will contribute to a reduction in deprivation. c) it is clear that the area also experiences a significant and persistent problem caused by anti-social behaviour and that some private landlords in that area are not taking appropriate action to tackle this d) the area suffers from a persistently high level of crime. Our aims for Selective Licensing are;

 To protect private rented tenants and vulnerable groups from the social and health effects of poorly managed and maintained properties within the PRS and in doing so, reduce inequality of housing  To create sustainable private rented sector tenancies attractive to good tenants  To make the area safer and a desirable place to live and work by reducing the detrimental effects of poor tenancy management  To encourage good landlords to operate within the area and make it easier to involve all landlords in wider strategies including crime reduction initiatives, local spatial strategies and other initiatives. Our view is that Selective Licensing will have the capacity to improve housing conditions and management. It will aid in protecting the welfare of tenants, provide confidence in the private rented sector and put clear standards in place. It will be more conducive to good landlords and provide an environment which is less opportunistic and attractive for irresponsible and criminal landlords. It will also give

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the Council and landlords more powers in dealing with those tenants who cause anti- social behaviour and/or engage in criminality.

The following table summarises the Council’s objectives for the scheme and outlines how Selective Licensing could achieve them;

Objective How Selective Licensing will achieve this

To reduce anti-social We will: behaviour within the private rented sector  Apply licence conditions relating to the use and occupation of the property and measures to deal with anti-social behaviour  Support landlords to tackle antisocial behaviour effectively  Require landlords to take reasonable steps to deal with anti-social behaviour and to work with the Council and its partners to tackle this where required  Compel landlords to provide written tenancy agreements as well as undertake tenant referencing  Give advice to landlords on what they might want to ask for as part of a reference  Encourage landlords not to let properties to tenants who have been found to have committed persistent anti-social behaviour  Encourage landlords to act in a professional manner and take advantage of a professional landlord body or accreditation scheme  Promote good and fair management of tenancy relations To contribute to crime We will: reduction and address criminal behaviour  Improve intelligence relating to the occupation of private rented sector accommodation  Enable multi-agency collaboration on enforcement issues To improve standards of We will: condition and

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management in the  Gain strategic knowledge through the licensing private rented sector process, to support the Council in targeting health and safety inspections and initiatives  Maintain a database of all properties that are licensed for private renting in the borough which will be accessible to all residents  Undertake proactive inspections and make compliance checks over a five-year programme  Enforce minimum standards through licence conditions  Take enforcement action where necessary To tackle rogue landlord We will; behaviour  Ensure that landlords are ‘fit and proper persons’  Carry out validation checks against data that is already held by the Council  Carry out criminal record checks where we believe that we need to  Set up a facility for licensed landlords and tenants to report irresponsible landlord/agent activity and also to access advice about dealing with anti-social activity in the private rented sector  Carry out a publicity campaign about appropriate standards in the private rented sector and how residents of the borough can report any concerns  Use our improved knowledge of the private rented sector to tackle rogue landlords To improve support for We will; local landlords  Register e-mail addresses of all landlords and tenants to update them on any major developments affecting the private rented sector  Put in place a dedicated page on the Council’s website for landlords and tenants of private rented properties with information and updates relating to anti-social behaviour and other tenancy related matters  Produce a quarterly electronic newsletter for all landlords and tenants

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 Develop a model clause relating to anti-social behaviour which landlords can use in all new tenancy agreements  Carry out training sessions for landlords on tenancy issues  Give advice to landlords and tenants on the services that are available across the borough for vulnerable residents including help for victims of domestic violence, help with substance abuse and where to report concerns on safeguarding issues  Give advice through the landlord forum and on the website regarding services that are available for vulnerable people and how they can be accessed

7 What are the risks?

Bournemouth Borough Council has considered the risks of introducing Selective Licensing, particularly the risk of increased costs to landlords who are fully compliant with their obligations. It is also important for local authorities to consider some of the possible effects of making a designation and to include any risk assessment they may have carried out.

The main risks which have been identified are:

 Selective Licensing does not improve the proposed area  Displacement of problems to other surrounding areas  Housing market negatively impacted by the scheme  Rent increases  Tenant reference requirement could make it difficult for some tenants to access accommodation in the area  Tenant reference requirement could be difficult for landlords to implement  Potential for landlords to pass on costs to tenants  Potential cost and resource implications to the Council  Landlords and tenants need support to understand the scheme and what is required  The proposed fee is challenged or is insufficient to cover the cost of the scheme  Proposed licence conditions are not clear or enforceable.

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A copy of the Risk Assessment can be found at Appendix E.

8 Overall Housing Strategy

An essential part of considering Selective Licensing is to ensure that the proposed approach is consistent with the overall housing strategy and to ensure that a coordinated approach is taken to issues of homelessness, empty properties and anti- social behaviour. Appendix B considers the Council’s key strategies and how Selective Licensing will assist the Council in achieving its aims. It includes the following relevant strategies:

 the Corporate Plan  Bournemouth Housing Strategy  Homelessness Strategy  Empty Homes Strategy  Boscombe Commitment  Community Safety Partnership Strategy

9 What other options have been considered?

Selective Licensing should only be used where existing measures alone are not sufficient to tackle the underlying housing problems of a specific area and must also consider whether there are any other courses of action available that would achieve the same objective or objectives as the proposed scheme, without the need for the designation to be made. Appendix C outlines the other options which have been considered and why they have or have not been used and why we do not consider they are appropriate to resolving the issues identified.

10 Proposed Licence Conditions

A Selective Licence would be granted with a set of conditions that must be observed. Failing to adhere to any licence condition is a criminal offence and may result in prosecution and an unlimited fine if found guilty.

These conditions ensure the property is managed correctly, complaints of anti-social behaviour are dealt with appropriately and in a timely manner, gas and electrical certificates are supplied to the Licensing team and smoke alarms are kept in working order, amongst other things.

Landlords cannot be held responsible for the actions of their tenants, but they can, more often than not, have some influence on the behaviour of their tenants. The Council believes that a good landlord would, once they became aware a tenant of

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theirs was engaged in unacceptable activities that had a detrimental effect on neighbours, try to take some steps to resolve the situation.

Licensing conditions

The licence will include mandatory and discretionary conditions aimed at ensuring licensed properties are safe, meet basic standards and that they are managed in a satisfactory way. The conditions fall in to four main categories: Tenancy management; Property management; Anti-social behaviour; and Other.

Tenancy management

Conditions in this category set out a framework for how landlords should deal with their tenants. It includes a requirement to obtain references for prospective tenants and to protect deposits in a statutory deposit scheme. It also sets out the information that landlords must provide to their tenants such as the terms of their tenancy, complaints procedure and a rent book or rent statement.

Property management

This section sets out a landlord’s responsibility in terms of maintaining properties that are safe and energy efficient. Landlords must ensure that any furniture or equipment, including gas and electrical appliances, are safe and must provide evidence of this to the Council. Tenants must be given a contact number for emergency repairs. Landlords must ensure their property is in a decent state or repair and must maintain a good level of decorative order on the exterior of the property.

Anti-social behaviour

Under the conditions in this section, landlords must take reasonable steps to deal with anti-social behaviour on the part of their tenants. They must supply tenants with details of the procedure for dealing with ASB at the start of the tenancy and contact tenants with details of any allegations made within seven days. Landlords must co- operate with the Council, Police or any other agencies in dealing with ASB in their properties and must report any criminal behaviour they become aware of.

A copy of the proposed licence conditions is contained in Appendix D.

11 Licence Fees

The Council has the power to charge landlords a fee for processing a Selective Licensing application. The proposed fee takes into account all costs incurred by the Council in carrying out its Selective Licensing functions - in other words it must be self-financing.

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The fee must only cover the cost of licensing the properties and not the cost of any other function; the Council will review the fees annually to ensure that the fee covers costs and that the Council does not make a financial profit from the scheme.

Bournemouth Borough Council has considerable experience of mandatory licensing, which is complex to administer. The current licensing application process is a manual one. If the decision is made to go ahead with Selective Licensing, it is anticipated that this would require the licensing of approx. 4,000 properties. Processing this number of applications manually is not an option if the Council wishes to administer the scheme efficiently and effectively and at a reasonable cost. Therefore, if a scheme goes ahead it is proposed that an automated application and licence generation process is implemented using an existing customer relationship management system. Initial feasibility work has concluded that it is possible to deliver this as a fully online system. The proposed fee therefore takes this and resulting staffing levels in to account.

In order to propose an appropriate discretionary licensing fee per property, costs have been analysed using information from the Council’s finance team. This information has been based on the number of properties in the proposed area, the costs of processing an individual licence and the set up costs for a licensing scheme.

The anticipated cost of a Selective Licensing fee per property, allowing for some discounts, would be £472.

The Council may consider discounting the fee in certain circumstances e.g. where a proposed licence holder is accredited under an approved scheme or a member of a professional landlord association. The Council may also consider additional charges when, for example, a proposed licence holder does not comply with the requirements.

Two forms of reduced fee are proposed within the scheme;

 An ‘early bird’ rate in the first three months of the scheme, reducing the cost of a licence to £378.00  A lower cost for membership of a recognised professional body or national landlord scheme, reducing the cost of a licence to £283.20 When a landlord is the freeholder of a block of flats, only one licence will be required. However, we may consider a sliding scale for these circumstances dependent on the number of units within the property. The Council may consider a fee of £65.00 for each unit after the first unit in this scenario.

We will also consider setting an additional late payment fee from year two of the scheme of £157 per licence, to account for the additional costs of identifying and chasing landlords who have not licensed their properties in the first year.

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Whatever discounts or charges are made; the scheme must be self-financing. Views are sought on where discounts and additional charges should apply.

The Council cannot make a charge for a licence variation or revocation.

A licence would normally be granted for a period of five years or to the end of the period of designation with no further fees payable during the life of the licence. However, licences are non-transferrable in accordance with section 91(6) of the Housing Act 2004 and any new licence holder would be bound to pay the full fee for the remainder of the designation.

A full version of the proposed financial model can be found at Appendix F.

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12 Consultation

The Department for Communities and Local Government guidance makes it clear that local authorities are required to conduct a full consultation in considering the designation of a Selective Licensing scheme.

This consultation is being carried out over a 16-week period between the 9th January 2017 to the 1st May 2017, and will be widely publicised using various channels of communication. All comments received will be fully considered. The results of the consultation will be published and made available on the Council’s website. This feedback will be in the form of a summary of the responses received during the stakeholder consultation. A report will be produced which will summarise the responses and take them into account when formulating a recommendation on the proposed Selective Licensing scheme to a Council Cabinet meeting in 2017.

Bournemouth Borough Council is committed to asking everyone with an interest in the services that the Council provides, including residents, community groups, partners and staff, to consider proposals and share views so that they can be taken into account by Councillors when they make decisions on the future service delivery.

Methods of consultation

 Questionnaires will be sent to all residents in the proposed Selective Licensing area while landlords and businesses will be contacted with invitations to complete an online questionnaire.  An open online questionnaire will be available for residents, businesses and services in surrounding areas and paper copies will be available from libraries across the borough.  The consultation will be promoted on the Bournemouth Borough Council website and listed on the Consultation Tracker  We will contact landlords, letting agents, and Landlord, Tenant and Resident Associations who operate in and around the proposed area  The consultation will be promoted on social media, such as Facebook and Twitter  We will supply a series of press releases to local media  Written representations can be made by email or in writing  Roadshows, focus groups and drop in events are being held to allow people to come along and discuss the Selective Licensing proposals. It will also give an opportunity for landlords to talk about what requirements will be placed on them by the scheme, if it is approved. Details of events can be found at the end of this document and on the webpage  A programme of stakeholder events will take place throughout the 16 weeks.

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The table below shows the scheduled events which are open for anyone to attend to find out more about the proposals.

Drop-in sessions will be staffed by members of the Council’s housing team where you will be able to get detailed answers to any specific questions you have about the scheme.

Road shows will provide general information and help to raise awareness of the consultation.

Date Time Location Details January 11th 10am-2pm Boscombe Library Drop-in session January 14th 12-4pm Sovereign Centre Road show January 19th 12-4pm Sovereign Centre Road show January 21st 9:30am-1pm Southbourne Library Drop-in January 26th 4-7pm Springbourne Library Drop-in February 4th 10am-1pm Boscombe Library Drop-in February 9th 1:30-4:30pm Springbourne Library Drop-in February 16th 12-4pm Sovereign Centre Road show February 23rd 4-7pm Southbourne Library Drop-in February 25th 12-4pm Sovereign Centre Road show March 4th 10am-12:30pm Springbourne Library Drop-in March 9th 4-7pm Boscombe Library Drop-in March 11th 12-4pm Sovereign Centre Road show March 16th 1-4pm Southbourne Library Drop-in March 23rd 12-4pm Sovereign Centre Road show April 8th 12-4pm Sovereign Centre Road Show April 20th 12-4pm Sovereign Centre Road Show

How do I respond to the consultation?

In order for your comments to be considered, you must provide them to us by 1st May 2017. The consultation questionnaire can be completed online from the link on www.bournemouth.gov.uk/selectivelicensing or you can collect a paper copy from any library in Bournemouth.

The information you provide will be treated in accordance with the Data Protection Act. Personal details of any individual respondents making comments in the questionnaire or at a consultation event will not be disclosed and no information will

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be published that could be used to identify individuals. Responses from organisations may appear in the report.

If you would like any further information or wish to talk to us generally about the Selective Licensing scheme proposals, please contact us;

Telephone: 01202 451515

Email: [email protected]

Web: www.bournemouth.gov.uk/selectivelicensing

In writing: all questionnaires should be returned to:

The Market Research Group Dorset House Talbot Campus Fern Barrow Poole BH12 5BB

If you would prefer to send a written representation, please send it to:

Consultation Team, Corporate Communications, Bournemouth Borough Council, Town Hall, Bournemouth, BH2 6DY

We look forward to receiving your comments and views.

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Appendix A- Supporting Evidence

Overview

A Selective Licensing designation may be made if the area to which it relates satisfies one or more of the following conditions. The area is one experiencing:

 Low housing demand (or is likely to become such an area);  A significant and persistent problem caused by anti-social behaviour;  Poor property conditions;  High levels of migration;  High levels of deprivation;  High levels of crime; This appendix provides the data which has been collated and considered when developing the proposed the Selective Licensing area. Bournemouth Borough Council believes that the proposed area for Selective Licensing within the three wards of Boscombe West, Boscombe East and East Cliff & Springbourne meet three of the six criteria set out in the Housing Act 2004. We are therefore proposing that the area is designated on the basis that it’s meets the criteria of experiencing anti- social behaviour, crime and deprivation as defined in the Housing Act.

1 Low Housing Demand

Whilst we are not proposing to apply for the designation of Selective Licensing under the low housing demand criteria we have provided data and evidence within this section which provides a context to the proposed selective licensing area.

Section 80 (3) of the Housing Act 2004 states that for an area to be designated for a selective licensing scheme the following conditions must be met:

a) the area is, or is likely to become, an area of low housing demand; and b) that making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, contribute to the improvement of the social or economic conditions of the area. When deciding if an area is suffering from, or likely to become an area of low housing demand, it is recommended that the Council consider the following factors:

a) the value of residential premises in the area, in comparison to the value of similar properties in other areas which the authority considers to be

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comparable (whether in terms of type of housing, local amenities, availability of transport); b) the turnover of occupiers in residential premises (in both rented and owner occupied properties); c) the number of residential premises which are available to buy or rent, and the length of time for which they remain unoccupied. d) The general appearance of the locality and the number of boarded up shops and properties. Residential Property Values

Figure 9 show the percentage increase in property values (flats) across a ten-year period in terms for the three wards of Boscombe West, Boscombe East and East Cliff & Springbourne. The percentage for Bournemouth and England has also been included to provide a local and national context to the figures.

For Bournemouth, there has been a 13.7% increase in property value for flats during the ten-year period. In the Boscombe West ward, property values for flats have only increased by 0.29%. In East Cliff & Springbourne there has been a 7.28% increase in property value for flats. Boscombe East however has seen a significant increase in property values for flats (35.5%) which is higher than the figure for Bournemouth and more in line with the national figure of 32.7%.

Figure 9: Average Percentage Increase in Value (flats) 2005-2015

40% 36% 35% 33%

30%

25%

20% 14% 15%

10% 7%

5% 0% 0% Boscombe East Boscombe West East Cliff & Rest of Borough England Springbourne Source: Land Registry

Figure 10 shows the average flat prices for flats in 2005 and 2015 for the three wards of Boscombe West, Boscombe East and East Cliff & Springbourne and for the wider Bournemouth area. Flat prices within the Boscombe West ward in 2015 are substantially lower than the figure for Boscombe East, East Cliff & Springbourne and the wider Bournemouth area. More notably, where the wards of Boscombe East and East Cliff & Springbourne have seen average property prices for flats increase in

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value by £54,266 and £12,405 across the ten-year period, the Boscombe West ward has only seen increases of £439.

Figure 10: Average Flat Prices 2005-2015

£250,000 £209,236 £200,000 £182,637 £182,469 £150,802 £170,232 £154,970 £150,363 £160,460 £150,000

£100,000

£50,000

£0 Boscombe East Boscombe West East Cliff & Rest of Borough Springbourne

2005 2015

Source: Land Registry

Tenure

In 2014, the three wards of Boscombe West, Boscombe East and East Cliff & Springbourne had an estimated 36,000 residents, which made up 18.8% of the 191,400 residents in Bournemouth10. Across Bournemouth, 31% of households occupy housing stock in the private rented sector. Figure 11 shows the percentage of private rented sector accommodation across each ward in Bournemouth compared to the national and borough average.

10 Source: Ward Estimates using 2014 Mid-Year Estimates, ONS 34

Figure 11: Percentage of Private Rented Accommodation

70% 62 60% 50 47 50% 40 43 41 35 40% 32 31 27 30% 21 23 17 19 17 18 18 20% 13 15 11 9 11 10% 0%

Source: Office for National Statistics (ONS), Tenure 2011, KS402EW

The lowest proportion of private rented stock in any ward in Bournemouth is in Kinson South where 9% privately rent their accommodation. The highest proportion is in Boscombe West where 62% of all households rent privately. In the East Cliff & Springbourne ward, a significant proportion of the population rent privately (47%) and in the Boscombe East ward 35% rent privately, which is still above the national average of 19% and the average across Bournemouth of 31%11. Therefore, all 3 wards have a significant proportion of PRS stock.

Figure 12 illustrates the tenure composition of the three wards compared to national and borough averages.

11 Source: Office for National Statistics (ONS), Tenure 2011, KS402EW 35

Figure 12: Tenure type (percentage)

100%

29 80% 40 57 58 9 64 60% 13 40% 7 11 62 18 20% 47 36 31 18 0% Boscombe East Boscombe West EC&S Bournemouth England & Wales Private Rented Social Housing Owner Occupier

Source: Office for National Statistics (ONS), Tenure 2011, KS402EW

In Bournemouth, 58% of households are owner-occupiers. This is slightly lower that the figure for England and Wales of 64%. In the Boscombe West ward, the percentage of owner occupiers is less than half the Bournemouth figure, with only 29% owning their own home. The percentage for East Cliff & Springbourne is slightly higher at 40% but still significantly lower than the figure for Bournemouth. In the Boscombe East ward the percentage owning their own home is broadly in line with the figure for Bournemouth. Therefore this demonstrates the lower levels of owner occupation in two of the three wards under consideration for Selective Licensing.

Empty Properties

Bournemouth is the most densely populated local authority in the South-West with a population of approximately 191,400 and a predicted growth of around 16% over the next 20 years12. There are currently in the region of 88,000 dwellings across the borough. Areas with low housing demand generally have a higher number of empty residential properties. The most recent report on the number of empty residential properties in Bournemouth was generated in May 2016 showing 836 long term (over six months) substantially unfurnished empty properties13. This equates to just under 1% of the total housing stock in Bournemouth.

Ninety-eight percent of these long term empty properties are privately owned with the remaining 2% being from within the social housing stock (either Council or

12 Source: ONS population projections 13 Source: Bournemouth Borough Council Revenue & Benefits empty property data derived from Council tax records, May 2016 36

Registered Social Landlord owned)14. Figure 13 shows the number of empty properties in each ward in Bournemouth in May 2016.

Figure 13: Empty Properties across the Borough

120 106 101 97 100

80 71 65 61 60 54 54

37 37 40 31 21 21 20 17 17 15 20 11

0

Source: Bournemouth Borough Council, Revenue & Benefits, empty property data derived from Council tax records, May 2016

The wards of Boscombe West, Boscombe East and East Cliff & Springbourne are within the 5 wards which contain the highest number of empty properties across the borough. We believe that this demonstrates the three wards are in an area of low demand in relation to housing.

Conclusion

In addition to the evidence presented above we are well aware of the negative reputation that continues to persist in relation to the area, and this will undoubtedly have an impact on the desirability of the area as a place to live. Having considered the data available relating to the tenure of housing stock, residential property prices over time and number of empty properties within the three wards we believe that the area is suffering from low housing demand.

14 Source: Bournemouth Borough Council Revenue & Benefits empty property data derived from Council tax records, May 2016 37

2 Anti-social behaviour (ASB)

The Housing Act 2004 sets out the following criteria which must be met in relation to antisocial behaviour in order to designate an area for selective licensing:

a) That the area is experiencing a significant and persistent problem caused by anti-social behaviour; b) That some or all of the private sector landlords who have let premises in the area (whether under leases or licenses) are failing to take action to combat the problem that it would be appropriate for them to take; and c) That making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, lead to a reduction in, or the elimination of, the problem. In considering whether the area is suffering from anti-social behaviour which a landlord should address regard must be had as to whether the behaviour is being conducted within the curtilage of the rented property or its immediate vicinity and includes acts of (but not limited to):

 Intimidation and harassment of tenants or neighbours;  Noise, rowdy and nuisance behaviour affecting persons living in or visiting the vicinity;  Animal related problems;  Vehicle related nuisance;  Anti-social drinking or prostitution;  Illegal drug taking or dealing;  Graffiti and fly posting;  And litter and waste within the curtilage of the property

Recorded levels of anti-social behaviour

Figure 14 shows the total number of ASB complaints (nuisance, personal and environmental) reported across each ward in Bournemouth in 2015.

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Figure 14: Total reported ASB 2015

3000 2440 2500

2000

1500 1198 978 1000 620 553 504 421 414 351 500 285 270 251 250 200 191 161 146 143 127 0

Source: Dorset Police

Boscombe West and East Cliff & Springbourne have the second and third highest level of complaints respectively. The average number of ASB complaints reported across all wards during 2015 is 500. Boscombe West ward is significantly higher than this with 1,198 recorded incidents of ASB. In the East Cliff & Springbourne ward the figure is 978. For the Boscombe East ward the figure is only slightly higher than the borough average at 553 complaints.15

Central ward shows the highest and most significant amount of ASB reported in 2015 and this requires further consideration. Initial investigation into this indicates that the night-time economy plays a factor in the exceptionally high levels of ASB in the ward. Areas such as Winton East and Queens Park also have a high number of incidents and this is attributed to the high proportion of student accommodation in these areas.

The data relating to ASB confirms there are high levels of ASB across the three wards when compared to the borough average. Boscombe West has the second highest number of incidents, East Cliff & Springbourne the third highest and Boscombe East the fifth. The ward with the highest occurrences of ASB is Central ward. The data therefore confirms that there are high levels of ASB throughout the three wards.

15 Dorset Police 39

Anti-social Behaviour over time

Having considered whether the three wards of Boscombe West, Boscombe East and East Cliff & Springbourne are currently experiencing high levels of anti-social behaviour further evidence is required to identify whether there is an ongoing, persistent problem with Anti-social behaviour in these wards.

Figure 15 provides a breakdown of ASB types across the three wards of Boscombe West, East Cliff & Springbourne and Boscombe East for a three-year period between 2013-2015.

Figure 15: Anti-Social Behaviour 2013-2015

1200 1123 1109

960 1000 921 864 800 755

600 405 415 419 400

185 172 200 156 145 155 136 136 134 115 111 82 89 83 87 89 69 40 52 0 2013 2014 2015 2013 2014 2015 2013 2014 2015 Boscombe East Boscombe West East Cliff & Springbourne ASB Environmental ASB Nuisance ASB Personal

Source: Dorset Police

Nuisance ASB, which in the main can be attributed to properties, is consistently high across the three-year period in all three wards. The figures for nuisance ASB are significantly higher than environmental or personal ASB in all the wards. Across 2013-2015 period nuisance ASB accounted for 72.5% of all ASB in Boscombe East (75.7% in 2015). In Boscombe West, nuisance ASB accounted for 79.7% of all ASB for the three years (80.1% in 2015). In East Cliff & Springbourne nuisance ASB for the three-year period was 77.1% (77.1% in 2015).

Anti-social behaviour and privately rented stock

In Figure 16 the green bar columns show the percentage of privately rented stock as a percentage of all the private rented stock in Bournemouth. The blue bar columns show the percentage of anti-social behaviour for each ward as a percentage of all anti-social behaviour across Bournemouth.

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Figure 16: Percentage of Privately Rented Accommodation compared to ASB

30% 26% 25%

20%

15% 13%

12%

10% 10%

9% 9%

8% 8%

10% 8%

7% 7%

6% 6%

5% 5%

4% 4% 4% 4% 4% 4%

3% 3% 3% 3% 3% 3%

5% 3%

2% 2% 2% 2% 2%

1% 1% 0%

Total ASB Private Rented Sector

Comparing the levels of Private Rented Stock to the levels of anti-social behaviour in each ward shows a trend of higher levels of ASB in wards where there are higher levels of PRS.

The Boscombe West ward is the ward with the highest percentage share of the privately rented stock in the Borough (12%) and the second highest percentage share of anti-social behaviour in the Borough (13%). The Central ward has the second highest percentage of privately rented stock (10%) and the highest percentage of anti-social behaviour (26%) (although as identified earlier this is linked predominantly to the night-time economy rather than the housing stock). East Cliff & Springbourne has the third highest percentage of privately rented stock (9%) and the third highest percentage of anti-social behaviour (10%). Boscombe East has the eighth highest percentage of private rented stock and the fifth highest percentage of anti-social behaviour.

Perceptions of Anti-social behaviour

In addition to recorded levels of anti-social behaviour which is covered in the previous sections we are also able to look at resident’s perceptions of anti-social behaviour in their local area.

The Bournemouth Opinion Survey is a random postal survey of residents which was most recently carried out in September and October 2015. The survey used a similar questionnaire and methodology to the Place Survey, a statutory residents survey which was last carried out in 2008 after which time it was no longer mandatory for local authorities to carry out a residents’ survey.

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In total 3,260 responses were received (28%). This represents a good sized sample, large enough to give us a high degree of confidence in the overall findings.

Residents were asked how much of a problem different aspects of anti-social behaviour are for their area. These results are combined to create an overall score which shows the percentage of people with a high overall perception of anti-social behaviour in their area. Figure 17 shows the results for the overall perception of anti- social behaviour (% with high perception).

Figure 17: Percentage of residents with high perception of ASB

Source: Bournemouth Opinion Survey 2015

Across the whole Borough 22% of respondents had a high perception of anti-social behaviour. More than half of respondents in Boscombe West (56%) had a high perception of anti-social behaviour for their local area compared to the wards of Throop & Muscliff (2%) and in East Southbourne & (4%) where we see the lowest perceptions. In Boscombe East this figure was 23% and East Cliff & Springbourne 40%.

Boscombe West and East Cliff & Springbourne clearly stand out along with the Central ward, as areas where the perception of high levels of ASB is significant compared to the rest of the borough.

Figure 10 shows the percentage of respondents across the three wards of Boscombe West, Boscombe East and East Cliff & Springbourne perceiving a problem with each of the elements of anti-social behaviour. In each case the ‘needle’ on the gauge shows the Borough average.

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Figure 18: Perception of ASB in Boscombe and East Cliff & Springbourne

Source: Bournemouth Opinion Survey 2015

Figure 18 shows that the combined perception for six types of anti-social behaviour for all three wards. For all six types of anti-social behaviour there are higher perceptions of anti-social behaviour across the three wards compared to the figure for Bournemouth.

Conclusion

The evidence clearly shows that there are not only high levels of persistent anti- social behaviour within the Boscombe West and East Cliff & Springbourne Wards but also high levels of perceptions of anti-social behaviour from local residents. Boscombe East ward also has higher levels of anti-social behaviour than Bournemouth as a whole. Residents perceptions relating to issues of drug dealing and use are significantly higher than the figure for the Borough. Perceptions of environmental anti-social behaviour are also higher than the Bournemouth figure. We therefore believe that the proposed Selective Licensing area meets the definition set out under the anti-social behaviour criteria.

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3 Crime

 For an area to be designated for selective licensing under this category the following conditions must be met: (a) That the area suffers from high crime; (b) That the criminal activity affects those living in the private rented sector properties in the area, or other households and businesses in the area; and (c) That making a designation will, when combined with other measures taken in the area by the local housing authority, other persons together with the local housing authority or by the police, contribute to a reduction in the levels of crime in the area, for the benefit of those living in the area. When deciding whether an area is suffering from a high level of crime the Council should consider:

 Whether the criminal activities impact on some people living in privately rented accommodation as well as others living and running businesses in the area;  The nature of the criminal activity  Whether some of the criminal activity is the responsibility of some people living in privately rented accommodation Recorded levels of crime per ward

Figure 19 shows the total numbers of recorded crime across all wards in Bournemouth during 2015

Figure 19: Total Crime 2015 – All Wards

4000 3738 3500 3000 2500 2000 1673 1475 1500 1182 1000 810 784 763 741 728 564 549 516 475 469 441 500 330 295 285 282 0

Source: Dorset Police

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This shows that recorded levels of crime in Boscombe West and East Cliff & Springbourne are significantly higher than the Borough average of 808 per ward, per annum. Boscombe West and East Cliff & Springbourne levels are 1,673 and 1,475 respectively. However, the average level of crime across all wards is skewed as a result of the high levels of crime in Central Ward. The Boscombe East crime figures, although below the Borough average at 784, are still the sixth highest in the area.

Levels of Crime over time

Having identified that during 2015 the three wards experienced higher levels of crime than the average for Bournemouth we have explored this further to identify whether there is a persistent, on-going problem with high levels of crime. Fig 12 shows levels of recorded crime for the three wards over a three year period between 2013 and 2015.

Figure 20: Crime figures Boscombe East, Boscombe West and East Cliff & Springbourne 2013-2015

1800 1673 1532 1600 1475 1396 1400 1179 1175 1200

1000 784 800 725 739

600

400

200

0 Boscombe Boscombe EC&S Boscombe Boscombe EC&S Boscombe Boscombe EC&S East West East West East West 2013 2014 2015

Source: Dorset Police

The recorded crime figures for the three wards across a period from 2013 to 2015 indicate persistently high crime levels throughout this period, with 2015 having the highest levels of recorded crime in the three-year period.

Conclusion

We believe that we have provided evidence relating to persistent, ongoing, high levels of crime across the three wards and that the area therefore meets the criteria for designating a selective licensing scheme.

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4 Deprivation

For an area to be designated under this article the conditions which need to be met are:

(a) That the area is suffering from a high level of deprivation, which affects a significant number of the occupiers of properties referred to in the proposed area; and (b) That making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, contribute to a reduction in the level of deprivation in the area. In deciding whether to make a designation on the basis that the area is suffering from a high level of deprivation, it is recommended that the Council considers the following factors:

(a) The employment status of adults; (b) The average income of households; (c) The health of households; (d) The availability and ease of access to education, training and other services for households; (e) Housing conditions; (f) The physical environment; and (g) Levels of crime. Indices of Deprivation 2015

The Index of Multiple Deprivation (IMD) 2015 is a relative measure of deprivation for small areas across England. It provides an overall measure of multiple deprivation experienced by the people living in that area. Figure 21 shows the ranking for lower super output areas across Bournemouth. The darker the colour the more deprived the area is. Bournemouth has fifteen LSOAs that are within the 20% most deprived in England and seven are concentrated in the Boscombe West, Boscombe East and East Cliff & Springbourne wards.

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Figure 21: Index of Multiple Deprivation 2015

Figure 22 shows the proposed selective licensing boundary outlined on the map for Indices of Multiple Deprivation 2015. We can clearly see that the proposed selective licensing area contains areas which are experiencing high levels of deprivation. Area 5282 in the centre of Boscombe is the most deprived area in Bournemouth and has a ranking of 226 which places it within the 1% most deprived places in England.

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Figure 22: Index of Multiple Deprivation 2015 in the proposed Selective Licensing Area

Indoor Living Deprivation

The Indices of Deprivation 2015 includes the Living Environment Deprivation Domain which measures the quality of the local environment. The indicators fall into two sub- domains. The ‘indoors’ living environment measures the quality of housing within a LSOA. Figure 23 shows how the LSOAs across Bournemouth rank in terms of ‘Indoor Living Deprivation’ with the darkest colours indicating the most deprived areas.

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Figure 23: Indices of Deprivation 2015 – Indoor Living Environment

The recognised measure of deprivation is any LSOA that falls within the 20% most deprived areas in England. Across the Country there are a total of 32,844 of these LSOAs and the Indices of Deprivation ranks each one of these area in order of deprivation with 1 being the most deprived and 32,844 being the least deprived. Within Bournemouth there are 31 LSOAs that are within the 20% most deprived in England. Most significant however in terms of its indoor environment deprivation is the area within Boscombe West known as LSOA 5282. This ranks 26th in the Country out of 32,844 LSOAs, placing it within the most deprived areas in the country for indoors living environment.

Figure 24 shows the proposed Selective Licensing area overlaid over the Indices of Deprivation Indoors Living sub-domain. Area 5282, the most deprived area is at the centre of the proposed licensing area. Nearly all of the proposed Selective Licensing area is within the 20% most deprived areas in England for this sub-domain.

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Figure 24: Indices of Deprivation 2015 Indoor Living Environment in proposed Selective Licensing area

Employment Status - Out-of-work Benefits

Table 1 below shows the number of people claiming Jobseeker's Allowance (JSA) at Jobcentre Plus local offices for all wards within Bournemouth in October 2016. The percentage figures show the number of claimants resident in an area as a percentage of the population aged 16-64 resident in that area.

The three wards within the proposed selective licensing area are highlighted in red; they are within the four wards with the highest claimant rate across Bournemouth. The claimant rate for Bournemouth is 1.5% and 1.8% Nationally. All three wards exceed the Bournemouth and national figure and have a high proportion of residents seeking out of work benefits.

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Table 1: JSA Claimants by ward

Ward Number Percent Boscombe West 275 3.5% Kinson South 150 2.4% East Cliff & Springbourne 210 2.2% Boscombe East 155 2.0% Westbourne and West Cliff 140 1.9% Kinson North 100 1.7% Queen's Park 130 1.5% Central 135 1.5% 80 1.4% West Southbourne 70 1.2% Winton East 100 1.2% 70 1.1% and Winton West 70 1.0% Redhill and Northbourne 60 1.0% Talbot and Branksome Woods 60 1.0% East Southbourne and Tuckton 50 0.9% Throop and Muscliff 45 0.8% and Iford 35 0.6% Source: ONS Claimant count [October 2016] Note: % is number of claimants as a proportion of resident population of area aged 16-64

Health of Households

Online health profiles are now available for all electoral wards, published by Public Health England. These can be viewed at www.localhealth.org.uk and enable you to view key statistics relating to the health of wards across England. Using their online database, we are able to combine the three wards of Boscombe East, Boscombe West and East Cliff & Springbourne to get a view of the combined health profile for the area and compare it against the national profile. The table below shows how the combined area of the three wards rank in relation to key indicators. The summary chart on the right hand side of the table identifies whether the area is significantly worse than average (red), not significantly worse than average (amber) or significantly better than average (green).

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Table 2: Health profile for Boscombe East, Boscombe West and East Cliff & Springbourne

Selection England Summary Indicators value value chart Low Birth Weight Births (%) 5.8 7.4 Child Development at age 5 (%) 57.2 60.4 GCSE Achievement (5A*-C inc. Eng & Maths) (%) 47.1 56.6 Unemployment (%) 2.2 1.8 Long Term Unemployment (Rate/1,000 working age 4.6 4.3 population) General Health - bad or very bad (%) 6.5 5.5 General Health - very bad (%) 1.5 1.2 Limiting long term illness or disability (%) 19.1 17.6 Households with central heating (%) 93.1 97.3 Overcrowding (%) 23.5 8.7 Provision of 1 hour or more unpaid care per week (%) 7.7 10.2 Provision of 50 hours or more unpaid care per week (%) 1.7 2.4 Pensioners living alone (%) 39.1 31.5 Obese Children (Reception Year) (%) 9.4 9.3 Children with excess weight (Reception Year) (%) 21.1 22.2 Obese Children (Year 6) (%) 19 19 Children with excess weight (Year 6) (%) 35.7 33.4 Deliveries to teenage mothers (%) 1 1.2 Emergency admissions in under 5s (Crude rate per 1000) 173.8 147.3 A&E attendances in under 5s (Crude rate per 1000) 385.6 533.6 Admissions for injuries in under 5s (Crude rate per 10,000) 164.3 140.8 Admissions for injuries in under 15s (Crude rate per 10,000) 115.7 111.7 Admissions for injuries in 15 - 24 year olds (Crude rate per 172.6 139.5 10,000) Obese adults (%) 21.2 24.1 Binge drinking adults (%) 29.8 20 Healthy eating adults (%) 30 28.7 Emergency hospital admissions for all causes (SAR) 128.2 100 Emergency hospital admissions for CHD (SAR) 108.6 100 Emergency hospital admissions for stroke (SAR) 113.2 100 Emergency hospital admissions for Myocardial Infarction 105.2 100 (heart attack) (SAR) Emergency hospital admissions for Chronic Obstructive 119.2 100 Pulmonary Disease (COPD) (SAR) Incidence of all cancer (SIR) 112.8 100 Incidence of breast cancer (SIR) 125.5 100 Incidence of colorectal cancer (SIR) 113.1 100 Incidence of lung cancer (SIR) 102.9 100 Incidence of prostate cancer (SIR) 124.1 100 Hospital stays for self harm (SAR) 214.5 100 Hospital stays for alcohol related harm (SAR) 158.4 100 Emergency hospital admissions for hip fracture in 65+ (SAR) 132.6 100 Elective hospital admissions for hip replacement (SAR) 102 100 Elective hospital admissions for knee replacement (SAR) 86.4 100 Deaths from all causes, all ages (SMR) 123.2 100 Deaths from all causes, under 65 years (SMR) 170.4 100 Deaths from all causes, under 75 years (SMR) 150.6 100 Deaths from all cancer, all ages (SMR) 111.9 100 Deaths from all cancer, under 75 years (SMR) 128 100 Deaths from circulatory disease, all ages (SMR) 121.7 100

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Deaths from circulatory disease, under 75 years (SMR) 159 100 Deaths from coronary heart disease, all ages (SMR) 120.9 100 Deaths from coronary heart disease, under 75 years (SMR) 149.7 100 Deaths from stroke, all ages (SMR) 135 100 Deaths from respiratory diseases, all ages (SMR) 86.1 100

significantly worse significantly better not significantly different from average Of the 52 indicators, 29 were significantly worse than average, 18 were not significantly different than average and only 5 were better than average. The distance of the coloured circles from the central line highlights how significantly different the performance is against each indicator. In particular overcrowding, binge drinking, emergency hospital admissions for all causes, incidences of all cancer, hospital stays for self-harm, hospital stays for alcohol-related harm and death from all causes (under 65) stand out for how significantly worse they are compared to the average for England.

We believe that this clearly indicates that the three ward of Boscombe East, Boscombe West and East Cliff & Springbourne are experiencing significant inequalities in health compared to the national average.

Conclusion

The evidence provided within “Appendix A- Evidence” clearly indicates that the three wards are experiencing significant levels of deprivation on multiple scales and inequalities in health. We are therefore confident that the criteria for designating an area for selective licensing has been met under the deprivation criteria has been fully met.

5 Defining the Proposed Selective Licensing Area

The Council is confident that they have collated data and statistics to provide evidence for proposing a Selective Licensing scheme within the three wards of Boscombe East, Boscombe West and East Cliff & Springbourne. However, further analysis was undertaken to define the proposed Selective Licensing area, as some areas, especially in Boscombe East - experience fewer issues across the board.

In order to determine the proposed area for Selective Licensing, further analysis using data from the 2011 Census at Output Area for the wards of East Cliff & Springbourne, Boscombe East and Boscombe West, information relating to ASB incidents; Housing Benefit by employment status (an indicator of deprivation) and levels of private rented accommodation, were layered on to a map. Those areas with high levels of the three data sets have been included in the defined area for Selective Licensing. LSOAs are made up from Output Areas (OAs). Due to their smaller size, output areas allow for a finer resolution of data analysis. Between four to six OAs make up a LSOA.

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In order to narrow down which areas within the three wards are experiencing higher levels of crime, deprivation and anti-social behaviour corresponding to private sector housing, data was collected at Output level and are displayed in the maps below.

Figure 17 shows the levels of privately rented housing as a percentage of all households within each OA. The darker shading indicates a higher percentage of households renting privately for each OA. The red boundary line is the proposed Selective Licensing area. The map shows that some OAs have very high proportions of privately rented stock, particularly in the centre of the Boscombe West ward, the Springbourne area of East Cliff & Springbourne ward and the area of the Boscombe East ward.

Figure 18 shows the Indices of Multiple Deprivation across the three wards at LSOA level. The darker shading indicates a higher level of deprivation. The red boundary line is the proposed Selective Licensing area.

Figure 19 shows recorded levels of anti-social behaviour by OA across the three wards of Boscombe East, Boscombe West and East Cliff & Springbourne. The darker shading indicates that there is a higher number of incidents of recorded anti- social behaviour. The red boundary line is the proposed Selective Licensing area.

Figure 20 shows levels of housing benefit claimants for each OA across the three wards overlaid over incident of reported anti-social behaviour.

When looking at the four maps in the order presented below the evidence for the proposed Selective Licensing area is clear. This ensures that the proposed area for Selective Licensing is based firmly upon evidence that the area is experience a high level of anti-social behaviour, crime and deprivation that is directly linked to high levels of private rented stock.

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Figure 17: Levels of privately rented housing as a percentage of all households within each OA.

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Figure 18: Indices of Multiple Deprivation across the three wards at LSOA level

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Figure 19: Indices of Multiple Deprivation across the three wards at Output Area level

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Figure 20: Levels of housing benefit claimants for each OA across the three wards overlaid over incident of reported anti- social behaviour

.

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Appendix B- Alignment with Council Strategies

Local Relevant aim of the strategy What will Selective Licensing strategy/policy contribute?

Corporate Plan Working in partnership The Council will work in partnership with local landlords, residents and multi-agency partners

Improving health and Selective Licensing aims to improve wellbeing and reducing health the quality of life of tenants and inequalities for residents residents and overall sustainability of the area. Housing is critical to health

and so by improving both standards and the experience of living in the area, a positive contribution will be made to health and wellbeing.

Supporting Bournemouth’s Selective Licensing will tackle the communities with a focus on issues within the significant private providing regeneration rented sector in Boscombe and the opportunities in Boscombe surrounding area by improving and standards and making the community a more sustainable one

The scheme will enable us to pro- Working with others to ensure actively tackle issues of anti-social people are safe and feel safe behaviour and criminality which will reduce the number of issues in the

area and contribute to improved resident perceptions.

Working with others to meet The scheme will enable us to work Bournemouth’s housing closely with landlords to provide a needs good quality private sector offer which will enable tenants to settle in accommodation which is well managed and sustainable.

Improving poor quality housing in the Improving the quality of PRS by reducing category 1 hazards Bournemouth’s built making homes safer and healthier environment

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and providing a choice of quality housing

Bournemouth Making the best use of all Improving the quality of our Borough Council existing homes neighbourhoods to support safe, Housing Strategy sustainable and cohesive 2013-20 communities

Ensuring minimum property standards and robust management. Professionally managed and Requiring landlords to be ‘fit and well maintained homes proper’ persons to hold a licence.

Reduce illegal eviction and rogue Reduced homelessness and landlord activity – preventing rough sleeping homelessness by working with landlords to tackle the issues before they reach crisis point

Selective Licensing will tackle the issues within the significant private Regenerated areas rented sector in Boscombe and the surrounding area by improving standards and making the community a more sustainable one

Bournemouth Prevent homelessness and Improved of management of the PRS Borough Council minimise the use of will lead to longer term tenancies and Homelessness temporary accommodation a reduction in unplanned Strategy 2016 homelessness

Reduce illegal eviction and rogue Develop a range of landlord activity – preventing sustainable housing options homelessness by working with and pathways landlords to tackle the issues before they reach crisis point

Reducing the risks associated with placement in to the PRS in the defined area at present for the most vulnerable

Empty Homes To maintain a database of Information gained from the licensing Strategy 2016 empty homes and improve process and from proactive the accuracy of data inspections will improve the information and intelligence about 60

To assist and encourage empty homes and enable improved empty home owners to bring engagement with owners to bring their properties back in to use them back in to use

To improve the condition of empty homes and target the most problematic with enforcement action

Boscombe Improving the quality of Improving poor quality housing in the Commitment accommodation PRS by reducing category 1 hazards 2015-2020 making homes safer and healthier and providing a choice of quality housing

Proactive inspections will identify Reducing the number of those with complex needs and make households with complex referrals to appropriate agencies for needs support or alternative accommodation options

Encouraging more working Protecting private rented tenants and households to live in the area vulnerable groups from the social and – and stay health effects of poorly managed and maintained properties within the PRS and in doing so, reduce inequality of housing.

Improving the quality of our neighbourhoods to support safe, sustainable and cohesive communities

Community Vulnerable & repeat victims Proactive inspections will identify Safety those with complex needs and make Partnership Early intervention in helping referrals to appropriate agencies for Strategy families to cope with multiple support or alternative accommodation problems options

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Appendix C- Other Options

Option Desired outcome Why options do not achieve the same objectives as Selective Licensing

Housing Act Increase in decent Tenants may not report problems to avoid 2004 Part 1 and category 1 conflict or eviction or because they do not Enforcement hazard free homes know their rights or who to seek help from

The most vulnerable people’s housing conditions will not be addressed. Only the physical conditions of a property will be tackled at a moment in time; it will not address poor management

Experience indicates that poorer landlords only do the minimum to comply and future intervention may be required

Would require additional resources to seek to identify and inspect all properties

Management Better managed Only applies to HMOs regulations properties Only applies to management affecting the occupants

Limited in what the regulations cover

Cost of proactively inspecting HMOs without addressing housing conditions and management in the wider sense

Landlords of non-HMOs are not regulated in how they manage private rented properties

Landlords of HMOs are regulated in a limited manner

Likely to require multiple interventions over an extended period

Accreditation Aims to improve Requires landlord engagement so does not schemes both management deal effectively with less reputable landlords and standards of who do not engage PRS by requiring

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landlords to No enforcement powers available undertake competency development An insignificant number of landlords from training Bournemouth have joined the current Dorset Register of Accredited Landlords scheme and the impact was very limited Landlords invest in housing stock, Scheme still needs to be administered at a particularly if a cost to either the Council or the landlord property based

scheme is used Property based schemes are resource Provides intensive documented evidence of landlords’ engagement Landlord schemes do not inspect individual properties so the quality of stock is broadly Gives local unknown authority details of some landlords within its area and allows further positive engagement

Landlord Increase the level Only the larger portfolio and better landlords Forums of communication tend to join, with the majority of landlords not between the engaging. Landlord attendance is voluntary. Council and landlords

Targeted use Allows a local Time consuming and requires the of Interim authority to tackle management by the Council, or a Council’s Management the day to day agent, to manage property Orders and management of Empty the private sector Landlord has effectively someone else to Dwelling tenancy where manage the property and potentially still management certain prescribed receives income from being a poor landlord orders conditions are met Does not present a long term solution to poor relating to anti- management of private rented properties (up to social behaviour and protection of

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the health, safety maximum of five years – then returned to and welfare of original owner) persons

Article 4 Can remove or This is in place in Bournemouth and only Directive restrict the relates to HMOs permitted development rights for a certain area It will not tackle current problems within area This means that a

planning application is needed for some forms of development that would normally be allowed

Targeted Targeted Only considers tenant behaviour. improvement enforcement within Communication with landlords must improve action area problematic streets act to deter fly tipping on the Does not tackle insufficient space provision for street and refuse; housing conditions; or management of encourage correct property disposal of all wastes

Various notices Lack of resources to effectively monitor the can be served on streets the owner [and occupier] to force the removal of wastes from front and rear gardens

Use of Anti- Police target a Tenants may not report problems to avoid Social wide range of conflict/eviction/fear of reprisals Behaviour criminal activities and Criminal with an overriding Many do not understand their rights or who to legislation purpose of seek help from, etc. making/keeping Some communities/residents have a fear of Police/authority and will not engage.

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people and Often require physical evidence, cannot act on communities safe. hearsay.

Build trust and The most vulnerable people may not be confidence in the identified and supported. Police Service, encouraging Behaviour of perpetrators may not be people to report challenged and enforcement action against crime. perpetrators will not be used.

Provide and Resource intensive: with financial restraints influence support and a reduction in workforce, high risks crimes and appropriate take priority. care to victims.

Take positive action against perpetrators of domestic violence and abuse.

Operation Evidence based Operation Galaxy only covers HMO’s in a very Galaxy targeted small area – the scheme has identified issues programme of in the wider private rented sector and the need multi-agency to have licensing powers in order to tackle activity, proactive them inspections and approach of zero The scheme ends in November 2017 tolerance

Do nothing Do not pursue Regeneration of the area will be limited Selective Licensing Continued decline of area

Increased ASB and Crime

Continued reduced satisfaction levels

Vulnerable/chaotic resident profile will grow

Vulnerable people continue to live in poor housing conditions - impact on health inequality and impact on services

Unlawful evictions and harassment of tenants will continue

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Appendix D - Proposed Licence Conditions

There are certain mandatory licence conditions which a local authority must include in a proposed Selective Licensing scheme. The mandatory licence conditions are shown in bold type and the numbers show what the Council are proposing could appear as a condition on a Licence.

1 Mandatory Conditions

Conditions requiring the licence holder-

 if gas is supplied to the property, to produce to the local housing authority annually for their inspection a gas safety certificate obtained in respect of the property within the last 12 months. 1. The licence holder must ensure that:

If gas is supplied to the property, the licence holder is required to produce to the local housing authority annually for their inspection a gas safety certificate obtained in respect of the property within the last 12 months

Conditions requiring the licence holder-

 to keep electrical appliances and furniture made available by him in the property in a safe condition;  to supply the authority, on demand, with a declaration by him as to the safety of such appliances and furniture. 2. The licence holder must ensure that:

All electrical appliances and installations made available in the property by the licence holder must be in a safe condition. A declaration of safety accompanied by relevant certificate and periodic electrical report shall be supplied to the council on request.

Conditions requiring the licence holder-

 to ensure that a smoke alarm is installed on each storey of the property on which there is a room used wholly or partly as living accommodation (including bathroom or lavatory), and  to keep each such alarm in proper working order; and  to supply the authority, on demand, with a declaration by him as to the condition and positioning of such alarms.

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3. The licence holder must:

 ensure that a smoke alarm is installed on each storey of the property on which there is a room used wholly or partly as living accommodation (including bathroom or lavatory), and  keep each such alarm in proper working order; and  supply the authority, on demand, with a declaration by him as to the condition and positioning of such alarms.

Conditions requiring the licence holder-

 to ensure that a carbon monoxide alarm is installed in any room in the property which is used wholly or partly as living accommodation (including a hall or landing, bathroom or lavatory) and contains a solid fuel burning combustion appliance;  to keep any such alarm in proper working order; and  to supply the authority, on demand, with a declaration by him as to the condition and positioning of any such alarm

4. The licence holder must:

 ensure that a carbon monoxide alarm is installed in any room in the property which is used wholly or partly as living accommodation (including a hall or landing, bathroom or lavatory) and contains a solid fuel burning combustion appliance;  keep any such alarm in proper working order; and  supply the authority, on demand, with a declaration by him as to the condition and positioning of any such alarm.

Conditions requiring the licence holder to supply to the occupiers of the property a written statement of the terms on which they occupy it.

5. The licence holder must ensure that:

At the start of the tenancy, the occupiers of the property are supplied with a written statement of the terms on which they occupy it.

Conditions requiring the licence holder to demand references from persons who wish to occupy the property

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6. The licence holder must:

collect and check references from anyone who would like to occupy the property. No new occupiers should be allowed to occupy the property if they are unable to provide a reference. The licence holder must provide evidence of reference checks carried out when requested by the council.

Non Mandatory Conditions

The Council has the discretion to add other non-mandatory conditions to the licence such as anti-social behaviour and general management of the property. These can include conditions relating to the use and occupation of the property, and measures to deal with anti-social behaviour of the actual tenants or those visiting the property. The Council is proposing the following non-mandatory conditions:

1.1.1 Tenancy Management 1. All tenants must be given a suitable written complaints procedure at the start of their tenancy 2. All occupiers should be given a rent book or similar receipt for payments made, such as a rent statement, and this should be provided to the occupiers at least quarterly (3 Month intervals) The licence holder must also ensure that they record all rent payments that they receive. Evidence of compliance with this condition must be provided to the council on request. 3. The Licence holder must protect any deposits taken from the occupiers, by placing them in a statutory tenancy deposit scheme. Information about the scheme being used must be given to the occupier at the time the deposit is taken. When requested this information must be provided to the council. 4. Respond to any reference requests received for a current or former tenant from another landlord within 21 days. 5. The licence holder must ensure that they comply with the requirements of the Immigration Act 2014 and check a prospective tenant’s ‘Right to Rent’ prior to the commencement of the tenancy. The licence holder must, on request, provide evidence of the checks to the Council. 6. The licence holder must have in place suitable emergency and other management arrangements in the event of their absence. The name and contact details, including contactable telephone number, of the licence holder must be supplied to each occupier and be displayed in a prominent place in the premise at the beginning of the tenancy. The licence holder must provide tenants with an emergency name, address and telephone number (such contact being available 24 hours a day, 7 days a week) for the purposes of ensuring that responsive maintenance and repairs can be carried out promptly in an emergency.

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1.1.2 Anti-Social Behaviour 7. To help prevent anti-social behaviour occurring the licence holder must ask anyone wishing to occupy the property to disclose unspent criminal convictions. If unspent criminal convictions are disclosed, the licence holder must consider if those convictions indicate a risk that the person is likely to commit acts of anti-social behaviour before granting a tenancy. 8. The licence holder must provide tenants with written details of the procedure for dealing with anti-social behaviour at the start of their tenancy. 9. If a complaint is received, or anti-social behaviour is discovered, the licence holder must contact the tenant within 7 days. The tenant must be informed in writing of the allegations made against them and of the consequences of its continuation. 10. The licence holder must ensure that written notes are kept of any meetings, telephone conversations or investigations regarding anti-social behaviour for 3 years, and provide this information to the Council provide on request. 11. The licence holder must co-operate with the Council, Police and any other agencies in resolving complaints of anti- social behaviour. 12. Where the licence holder or his agent has reason to believe that the anti- social behaviour involves criminal activity, the licence holder shall inform the appropriate authorities. 13. The licence holder must take reasonable steps and practical action to prevent or stop anti-social behaviour by the occupiers of the property or their visitors

1.1.3 Property Management 14. A copy of the Licence must be made available to all tenants upon demand, or where there are common parts the following must be clearly displayed:  Copy of the Licence Certificate  Name, address and telephone number of the Licensee or Manager of the premises 15. The licence holder must not permit the property to be occupied in any other way or by more than the number of households or persons specified in the licence. 16. The licence holder must inform Bournemouth Borough Council as soon as reasonably practicable and no later than within 21 days of any changes to the ownership or management of the property; or to any changes in contact details. 17. The licence holder must ensure that the exterior of the property is maintained in a decorative order and state of repair so as not to cause a nuisance or to be detrimental to the amenity of the local area. 69

Appendix E- Risk Assessment

Issue Implication for Scheme Risk Comment/Mitigation Level Unprofessional Properties managed by Low Council may have to consider landlords improve more professional targeted intervention in other or leave area with landlords, reducing the areas possible issues identified displacement to Multi-agency evidence and other areas within Properties become intelligence will track any the Borough, or to empty as a result displacement issues neighbouring local authorities Reduced private rented The disproportionate number of sector issues in the defined area means that an element of displacement would be of benefit to the objectives of the scheme Lenders not lending Landlords may not be Low Most current landlords will in areas where able to access already have a mortgage. A selective licensing mortgages from some mortgage company cannot is in place companies prevent a property being licensed purely on the grounds that it doesn’t wish it to have one. Some Lenders will Various organisations Low Housing Options service can be informed for the e.g. HMRC, CIEH and provide appropriate advice. first time that a anecdotal evidence property is being indicates that landlords Targeted advice can be rented in who do not comply with provided to landlords and contravention to the one piece of legislation tenants. mortgage are less likely to comply agreement with other legislation.

May be an increase in evictions. Rent Increase Landlords may pass on Low As a worst case scenario, the the costs of the licence additional cost to the tenant to the tenant in order to could be £1.81 per week or cover the additional £7.86 per month costs. Tenant referencing Could lead to reduced Low Evidence shows that those with requirements could access to the private chaotic lifestyles and complex make it more rented sector for needs have fewer life chances difficult for tenants chaotic/challenging in the defined area with poor tenancy tenants history to access

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accommodation in Potential increase in There is a disproportionate the area applications for the number of tenants with a poor Housing Register history living in the defined area

It may be more appropriate to those tenants to find accommodation outside of the area

Information to tenants will inform them that they have responsibility to act in a reasonable manner

The Council can provide routes to support to access and sustain tenancies Potential resource The scheme can only Medium The true cost of a scheme will and cost recover costs related to not be known until it is progress implications for the specific elements of the Council to ensure scheme, therefore The Council’s Enforcement the scheme is additional elements Policy will be reviewed to successful such as enforcement maximise enforcement and legal costs will penalties and cost recovery need to be met from the Council’s general The current disproportionate fund amount of resource being targeted to the defined area will provide additional resources for enforcement Landlord and If the scheme focuses Medium Staff and partner resource will tenant support on administration and need to be committed to enable needs to be enforcement it will not this developed be effective in changing behaviours and dealing Appropriate accreditation will with the main issues be developed

Landlord engagement will be a focus for the existing team to support this

Referrals to other agencies will be made where appropriate to ensure that tenant support needs are addressed Tenant referencing Mechanisms need to Medium Supportive protocols for scheme needs to be available for landlords have been piloted be developed improving tenant 71

behaviour and through Operation Galaxy and supporting landlords in this has multi-agency support obtaining references to meet the licence conditions The proposed fee A lower fee will prevent Low The proposed fee has been will be challenged the scheme from being calculated by breaking down or insufficient to self-financing the costs of the proposed cover costs process and including only Judicial review is the permitted costs. fee does not reflect the cost of licensing A full review of processes and a process only detailed analysis of the costs involved, including The process proves to consideration of cost efficiency be more resource and cost avoidance aspects intensive than realised have been undertaken as part of the financial modelling

The fee needs to be reasonable and justifiable in order to stand by to challenge.

Case law considerations need to be reviewed should any scheme go ahead to ensure that the risk of challenge is mitigated

Reduction for landlords with multiple properties to reflect time efficiencies in administering the licence

Fee’s will be reviewed annually Proposed licence Conditions are Low Legal advice sought conditions must be unenforceable clear and only Consultation process impose conditions anticipated to raise any on the licence ambiguities holder unless another person agrees to be bound by those conditions Anti-Social Focusing on private Medium The current disproportionate Behaviour rented properties may amount of resource being not improve behaviour targeted to the defined area will in the area 72

provide additional resources for enforcement and action Consultation may Unknown Medium Unknown until consultation raise additional closes risks and issues Legal process not Judicial review followed Low Legal advice sought throughout followed by the need to re- including Counsel’s opinion and consult expert professional advice Challenge that the Judicial review followed Med Councillors and officers are Council has made by the need to re- agreed that the consultation up its mind to consult process is key to considering a implement selective designation licensing before the results of the Decision makers to keep an consultation are open mind and not pre known determine the outcome

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Appendix F- Financial Summary

1 Selective Licensing Project Assumptions

Input Assumptions

Number of selective licensed properties 4,000

Additional units within a freehold block 750

Percentage of early bird uptake 25%

Early bird discount 20%

Accreditation discount 25%

Cost of full licence £472

Cost of early bird licence £378

Additional fee per unit in freehold block £65 Cost of early bird accredited licence £283 Late payment surcharge £157

2 Staff Requirement Standard Standard Standard Standard Hours Hours Hours Hours Snr Admin Enforcement Management Management FTE* FTE FTE FTE Year 1 3.14 8.26 1.84 0.39 Year 2 1.20 3.15 0.88 0.15 Year 3 1.25 3.29 0.92 0.16 Year 4 1.15 3.01 0.84 0.14 Year 5 0.83 2.19 0.61 0.10

Total 7.57 19.91 5.09 0.95

*Full Time Equivalent

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3 PROFIT AND LOSS ACCOUNT

Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL £ £ £ £ £ £ INCOME 5 Year Licence (382,320) (325,910) (340,070) (311,751) (309,627) (1,669,678)

Early Bird (377,593) (377,593)

Additional Units Licence (13,163) (9,750) (9,750) (8,288) (7,800) (48,750)

Accreditation discount 19,327 8,392 8,746 8,001 7,936 52,401

TOTAL INCOME (753,749) (327,269) (341,075) (312,037) (309,491) (2,043,621)

EXPENDITURE Capital set up & management costs 100,000 - - - - 100,000

Revenue set up & management costs 103,000 - - - - 103,000

Employees 378,883 262,225 262,225 235,474 196,588 1,335,396

Other direct operational costs and overheads 133,528 95,339 97,246 85,021 73,699 484,833

Exit Cost 1,539 18,852 20,391

TOTAL COSTS 715,412 357,564 361,010 320,495 289,139 2,043,621

NET CASH FLOW (38,338) 30,296 19,936 8,458 (20,352) 0 SURPLUS / (DEFICIT)

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Appendix G- Proposed Selective Licensing Area

The following residential addresses, displayed here in alphabetical order, are included within the proposed Selective Licensing area:

ADELINE ROAD, 1-9, 4-10 ARGYLL ROAD, 1-21, 8-30, ARGYLL MANSIONS ASHLEY CLOSE, 2-20 ASHLEY ROAD, 1-3, 37-61, 97, 147-169, 179A-207, 10-68A AUSTIN CLOSE, 1-7, 2-8 AVON CLOSE, 1-9 AYLESBURY ROAD, 1-11, 4-26 BARHAM CLOSE, 1-13, 2-12 BEECHWOOD AVENUE, 44 BEECHWOOD GARDENS, 1-7, 2-8 BETHIA CLOSE, 1 BORTHWICK LANE, 2 BORTHWICK ROAD, 1-17, 2-18 BOSCOMBE SPA ROAD, 1-13, 2-8 CAMPBELL ROAD, 1-11, 2-24 CAPSTONE GARDENS, 1-2 CAPSTONE PLACE, 1-21, 4-14 CARLTON ROAD, 1-37, 2-38 CARNARVON ROAD, 1-7, 2-40 CARYSFORT ROAD, 1-23, 2-16 CECIL ROAD, 1-29, 2-4 CHESSEL AVENUE, 3-31 CHRISTCHURCH ROAD, 443-915, 428-802, 816-934A CHURCHILL ROAD All addresses included CLEVELAND GARDENS All addresses included CLEVELAND ROAD All addresses included COLONNADE ROAD All addresses included COLVILLE CLOSE All addresses included COLVILLE ROAD All addresses included CORPORATION ROAD All addresses included CRABTON CLOSE ROAD All addresses included CURZON ROAD, 1-73, 2-56 DERBY ROAD, 1 and DERBY MANOR DONOUGHMORE ROAD All addresses included DRUMMOND ROAD All addresses included EGERTON GARDENS All addresses included ELWYN ROAD All addresses included FLORENCE ROAD, 21-39, 4-38 FRANCES ROAD, 1-21, 30-68 GARDENS VIEW All addresses included GARFIELD AVENUE All addresses included GLADSTONE MEWS All addresses included GLADSTONE ROAD All addresses included GLADSTONE ROAD EAST All addresses included GLADSTONE ROAD WEST All addresses included GLOUCESTER ROAD, 3-61, 4-64 GORDON ROAD All addresses included GRANTLEY ROAD All addresses included GRANTS AVENUE All addresses included 76

GRANTS CLOSE All addresses included GROSVENOR GARDENS All addresses included HAMILTON CLOSE All addresses included HAMILTON ROAD All addresses included HANNINGTON GROVE All addresses included HANNINGTON PLACE, 1, 2 and HANNINGTON MEWS HANNINGTON ROAD, 38 HARCOURT ROAD, 20 HARRISON AVENUE All addresses included HARVEY ROAD All addresses included HAVILAND MEWS All addresses included HAVILAND ROAD All addresses included HAVILAND ROAD EAST All addresses included HAVILAND ROAD WEST All addresses included HAWKWOOD MEWS All addresses included HAWKWOOD ROAD All addresses included HEATHCOTE ROAD All addresses included HENGIST ROAD All addresses included HEVALO CLOSE All addresses included ROAD, 179-401, 140-500 HORACE ROAD All addresses included JEFFERSON AVENUE All addresses included KNOLE ROAD, 4-48 KNYVETON ROAD, 24, 30 to 32, 36 LANGTON ROAD All addresses included LINCOLN AVENUE All addresses included LOWTHER GARDENS All addresses included LYTTON ROAD All addresses included MADISON AVENUE All addresses included MALMESBURY PARK PLACE All addresses included MELBOURNE ROAD All addresses included METHUEN CLOSE All addresses included MICHELGROVE ROAD, 26 MORLEY CLOSE All addresses included MORLEY ROAD, 1-27, 2-24 NORTH ROAD All addresses included NORTHCOTE ROAD All addresses included OPHIR GARDENS All addresses included OWLS ROAD, 2 & 4 PALMERSTON MEWS All addresses included PALMERSTON ROAD All addresses included PARKWOOD ROAD, 3-17, 4-24 PAUNCEFOTE ROAD, 16 PERCY ROAD, 2, 3 4 PORTCHESTER PLACE 1-7, 2-6 PORTMAN MEWS All addresses included PORTMAN ROAD All addresses included PRIOR CLOSE All addresses included QUEENSLAND ROAD All addresses included RANDOLPH ROAD All addresses included RICHMOND PARK CLOSE All addresses included ROSEBERY ROAD All addresses included ROUMELIA LANE All addresses included ROYAL ARCADE All addresses included SALISBURY ROAD All addresses included 77

SEA ROAD, 9-43, 4-38 SEABOURNE ROAD, 29-69 SHELBOURNE CLOSE All addresses included SHELLEY CLOSE All addresses included SHELLEY GARDENS All addresses included SHELLEY ROAD All addresses included SHELLEY ROAD EAST All addresses included SOMERSET ROAD, 3 SOUTHCOTE ROAD, 1B to 137B, 2-78 SPRING ROAD All addresses included ST CLEMENT'S GARDENS All addresses included ST CLEMENT'S ROAD, 37-61, 12-74, THE SCHOOL HOUSE and ST CLEMENTS- VICARAGE ST JAMES'S SQUARE All addresses included ST JOHN'S ROAD All addresses included ST LEDGER'S PLACE All addresses included ST MARY'S ROAD All addresses included ST SWITHUN'S ROAD All addresses included STANLEY ROAD All addresses including STANLEY COURT STEWART CLOSE All addresses included STEWART MEWS All addresses included THE CRESCENT All addresses included TAMWORTH ROAD, 1 TOWER ROAD All addresses included VALE ROAD, 9 & 11 VICTORIA PLACE All addresses included VICTORIA ROAD All addresses included WALPOLE ROAD All addresses included WARWICK PLACE, 8 WASHINGTON AVENUE All addresses included WESLEY CLOSE All addresses included WESTBY ROAD All addresses included WHARNCLIFFE ROAD All addresses included WILFRED ROAD, 1-5, 2-6 WILSON ROAD All addresses included WINDHAM ROAD, 1-303, 28-200 WINDSOR ROAD All addresses included WOLVERTON ROAD All addresses included

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