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I N BOROUGFTCOUNCIL
^ Housing Committee
Wednesday 14 March 2018 at 7.30pm
Council Chamber Runnymede Civic Centre, Addlestone
Members of the Committee
Councillors Ms C M Simmons (Chairman), Miss J Sohi (Vice-Chairman), J R Ashmore, Miss E Bancroft, T Dicks, Mrs J Gracey, N M King, Mrs G Warner, N Wase-Rogers and J J Wilson.
In accordance with Standing Order 29.1, any Member of the Council may attend the meeting of this Committee, but may speak only with the permission of the Chairman of the Committee, if they are not a member of this Committee.
AGENDA
Notes: i) Any report on the Agenda involving confidential information (as defined by section 100A(3) of the Local Government Act 1972) must be discussed in private. Any report involving exempt information (as defined by section 100I of the Local Government Act 1972), whether it appears in Part 1 or Part 2 below, may be discussed in private but only if the Committee so resolves. ii) The relevant 'background papers' are listed after each report in Part 1. Enquiries about any of the Agenda reports and background papers should be directed in the first instance to Miss C Pinnock, Democratic Services, Law and Governance Business Centre, Runnymede Civic Centre, Station Road, Addlestone (Tel: Direct Line: 01932 425627). (Email: [email protected]). iii) Agendas and Minutes are available on a subscription basis. For details, please ring Mr B A Fleckney on 01932 425620. Agendas and Minutes for all the Council's Committees may also be viewed on www.runnymede.gov.uk. iv) In the unlikely event of an alarm sounding, members of the public should leave the building immediately, either using the staircase leading from the public gallery or following other instructions as appropriate.
- 1 - v) Filming, Audio-Recording, Photography, Tweeting and Blogging of Meetings
Members of the public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If you wish to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Chairman is aware and those attending the meeting can be made aware of any filming taking place.
Filming should be limited to the formal meeting area and not extend to those in the public seating area.
The Chairman will make the final decision on all matters of dispute in regard to the use of social media audio-recording, photography and filming in the Committee meeting.
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LIST OF MATTERS FOR CONSIDERATION
PART I
Matters in respect of which reports have been made available for public inspection
Page
1. FIRE PRECAUTIONS 6
2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 6
3 MINUTES 6
4. APOLOGIES FOR ABSENCE 6
5. DECLARATIONS OF INTEREST 6
6. HOUSING AND PLANNING ACT 2016 – INTRODUCTION OF CIVIL 6 PENALTIES, RENT REPAYMENT ORDERS AND BANNING ORDERS AND CHANGES TO MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION
7. HOUSING BUSINESS CENTRE PLAN 2018/19 13
8. KEY PERFORMANCE INDICATORS – QUARTER 3 2017/18 16
9. CREATION OF A SUSTAINMENT AND PREVENTION OFFICER POST 18 AND ADDITIONAL FUNDING TO SUPPORT THE DEVELOPMENT OF MAGNA CARTA LETTINGS
10. EXTENSION OF THE TENANCY STRATEGY 2015/17 AND 21 HOMELESSNESS STRATEGY 2014/17
11. BATHROOM REFURBISHMENT CONTRACT 25
12. STAIRLIFT CONTRACT 27
13. EXCLUSION OF PRESS AND PUBLIC 30
PART II
Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection. a) Exempt Information
14. HOUSING MAINTENANCE RESTRUCTURE 31
15. FARM CLOSE CONTRACT 39 b) Confidential Information
(No reports to be considered under this heading)
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GLOSSARY OF TERMS AND ABBREVIATIONS
TERM EXPLANATION 1-4-1 receipts A proportion of RTB sale receipts that must be used by the authority to help provide new affordable housing.
Affordable Housing Affordable housing includes social rented, affordable rented and products such as shared ownership and is provided by local authorities and registered providers such as housing associations.
Benefit cap A Government limit on the total amount of benefit, including Housing Benefit, payable to people aged 16 to 64 who are not working. CBL Choice Based Lettings system allows housing applicants to ‘bid’ for available council and housing association properties online.
CHaRMM Community Harm and Risk Management Meetings
Decent Homes Standard A standard which aims to provide a minimum standard of housing in the social sector. DFG Disabled Facilities Grants are mandatory, means tested grants to provide adaptations such as shower rooms, ramps and stair lifts to disabled people who can be owner occupiers or private or social tenants. DHP Discretionary Housing Payments are funded by the Government and can top up the housing costs of Housing Benefit claimants, for example to make up a rent shortfall due to the ‘benefit cap’ or ‘spare room subsidy.’
DWP The Department for Work and Pensions.
HCA The Homes and Communities Agency, the Government’s housing, land and regeneration agency, and the regulator of social housing providers in England.
H-CLIC Homelessness Case Level Information Collection
HMO House in multiple occupation.
HoRA Homelessness Reduction Act
HRA Housing Revenue Account. The statutory account that sets out expenditure and income arising from provision of social housing by the local authority as a landlord and is ring fenced from other council activities.
IRL Independent Retirement Living is the brand for Runnymede’s sheltered accommodation for older people.
LHA Local Housing Allowance is the Housing Benefit entitlement for private sector tenants, based on a household’s bedroom requirements. It is applied to areas known as Broad Rental Market Areas and determined by calculating the 30th percentile of market rents for each area (i.e. 3 in 10 properties should be at or
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below the LHA level). MHCLG Ministry of Housing, Communities and Local Government formerly The Department for Communities and Local Government.
New Homes Bonus The New Homes Bonus has been paid each year by Government, based on the number of new homes within an area when the Council Tax extract is submitted in October with additional payments for new affordable homes and a reduction for long term empty properties.
PSL Private Sector Landlord.
PRC Pre-reinforced concrete (non-traditionally built) properties.
PRSMO Private Rented Sector Management Officer
RCRA Runnymede Council Residents Association.
RP Registered providers of social housing including; local authority landlords; private registered providers such as not-for-profit housing associations and for-profit organisations.
RTB Right to Buy legislation and regulations giving secure tenants of councils and some housing associations tenants the right to buy the home they are living in, at a discount.
S. 106 Section 106 agreements are a legally binding agreement between the Planning authority and a landowner or developer in association with the granting of planning permission, often requiring a contribution to infrastructure and sometimes affordable housing – which can be on site or by way of a commuted sum.
SHMA The Strategic Housing Market Assessment provides an evidence base for assessing the need and demand of future housing supply.
Shared Accommodation The level of LHA (Housing Benefit) that applies to single people Rate in the private rented sector who are aged under 35 years. It will apply to social tenancies from April 2018.
Social Sector Size Also colloquially known as “the bedroom tax” which was Criteria introduced in 2013 and which reduces Housing Benefit to working age claimants who are assessed as having a spare room.
Universal Credit This benefit is gradually replacing a number of benefits including Job Seekers Allowance, Income Support, Housing Benefit etc. and in most cases is paid four weekly in arrears direct to the applicant.
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1. FIRE PRECAUTIONS
The Chairman will read the Fire Precautions, which set out the procedures to be followed in the event of fire or other emergency.
2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP
3. MINUTES
To confirm and sign, as a correct record, the Minutes of the meeting of the Committee held on 10 January 2018 which were included in the March 2018 Council Minute Book and previously circulated to all Members of the Council in February 2018.
4. APOLOGIES FOR ABSENCE
5. DECLARATIONS OF INTEREST
If Members have an interest in an item, please record the interest on the form circulated with this Agenda and hand it to the Legal Representative or Democratic Services Officer at the start of the meeting. A supply of the form will also be available from the Democratic Services Officer at meetings.
Members are advised to contact the Council’s Legal Section prior to the meeting if they wish to seek advice on a potential interest.
Members are reminded that a non pecuniary interest includes their appointment by the Council as the Council’s representative to an outside body and that this should be declared as should their membership of an outside body in their private capacity as a director, trustee, committee member or in another position of influence thereon.
Members who have previously declared interests, which are recorded in the Minutes to be considered at this meeting, need not repeat the declaration when attending the meeting. Members need take no further action unless the item in which they have interest becomes the subject of debate, in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant to prejudice the Member’s judgement of the public interest.
6. HOUSING AND PLANNING ACT 2016 INTRODUCTION OF CIVIL PENALTIES, RENT REPAYMENT ORDERS AND BANNING ORDERS AND CHANGES TO MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION (HOUSING)
Synopsis of report:
To advise Members of the new and proposed enforcement provisions under the Housing and Planning Act 2016 which include the introduction of civil penalties as an alternative to prosecution for relevant offences under the Housing Act 2004, the power to apply for rent repayment orders for certain offences and the proposed introduction of banning orders.
To advise Members of the proposed extension of Houses in Multiple Occupation (HMO) licensing coming into force on 1 October 2018 and the need to procure application processing software for HMO licensing.
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Recommendations:
i) the new enforcement powers under the Housing and Planning Act 2016 that are available to deal with private sector housing be adopted;
ii) the civil penalties policy and guidance set in Appendix ‘A’ be approved;
iii) delegated authority be granted to the Environmental Health and Licensing Manager, the Private Sector Housing Manager and the Private Sector Housing Officer to enforce the provisions of the Act and the Scheme of Delegation be amended accordingly; and
iv) Corporate Management Committee be requested to approve the procurement of the Civica HMO licensing software extension to manage the increase in HMO licence applications. To facilitate this a supplementary estimate of £26,360 and a waiver under Contract Standing Order 2.5.1 of the Council’s Standing Orders for Contracts, be also approved by Corporate Management Committee so that the procurement can occur without the need to comply with Contract Standing Order 2.1, which would normally require a tendering exercise to be undertaken before awarding the contract.
1. Context of report
1.1 This report sets out the powers and obligations introduced by the Housing and Planning Act 2016 that relate to the Government’s response to tackling rogue landlords and improving the private rented sector. These measures include:
The power to issue civil financial penalties of up to a maximum of £30,000 as an alternative to prosecuting landlords for relevant offences under the Housing Act 2004; The power to apply for a rent repayment order for certain offences to seek recovery of rent paid by Universal Credit or Housing Benefit; The enablement for applications to be made seeking a banning order preventing a person from being a landlord, engaging in letting agency work, and/or property management work. It also creates a ‘Rogue Landlord and Property Agent’ database that local authorities must update following the making of a Banning Order, and may update following a conviction for a banning order offence.
1.2 Further to parliamentary approval on 1 October 2018, the Government proposes to:
Extend mandatory licensing to all HMOs regardless of the number of storeys that are occupied by 5 or more persons in two or more separate households;
1.3 This report seeks the Committee’s agreement for these new powers to be adopted as a means of enforcement and requests approval to procure an alteration to our licensing software, Civica, to provide HMO licensing tool application to manage the administrative increase in HMO licence applications.
2. Report
2.1 The Housing and Planning Act 2016 (the 2016 Act) contains a number of important measures affecting the Private Rented Sector to improve conditions, prevent criminal - 7 -
landlords from operating in the sector and provide better resources and tools for enforcement purposes. The 2016 Act also contains a number of measures that directly impact upon HMO licensing in the Housing Act 2004.
Civil Penalties
2.2 The purpose of the 2016 Act is to give Local Housing Authorities alternative enforcement options to issue penalty notices for non-compliance rather than taking a prosecution in Court, which can be both time consuming and expensive. The provisions do not replace the option for prosecution. However, it is expected that a prosecution would only be taken in the most serious of cases or for repeat offenders.
2.3 Civil penalties are designed to act as a punishment to the offender, deter others and remove the financial benefit the offender may have obtained as a result of committing the offence.
2.4 When these proposals are agreed, Runnymede Borough Council will be able to impose a civil penalty as an alternative to prosecution, for the following offences under the Housing Act 2004 (as amended):
Failure to comply with an Improvement Notice (section 30) Offences in relation to licensing of HMOs (section 72); Offences of contravention of an overcrowding notice (section 139); Failure to comply with management regulations in respect of HMOs (section 234) Breaching a banning order (Housing and Planning Act, section 21)
2.5 Under the legislation, any decision to impose civil penalties must be made in accordance with Schedule 13A of the Housing Act 2004, and any other statutory guidance issued by the Secretary of State. If a civil penalty is chosen, a prosecution cannot be sought.
2.6 Those persons upon whom a Notice of Civil penalty is served can appeal to the First- Tier Property Tribunal (FTPT) both in respect of the decision to issue any fixed penalty and in respect of the amount imposed. It is therefore important that the Council sets its policy and procedures in accordance with the legislative provisions.
2.7 Attached at Appendix ‘A’ is a proposed Civil Penalty Notice Matrix with policy and guidance. This policy describes how it is proposed that these new powers will be used, how the Council will decide when to prosecute and when to impose a civil penalty and, through the Matrix, how the Council will determine the size of each civil penalty.
Rent Repayment Orders
2.8 The Housing Act 2004 introduced rent repayment orders (RRO) to recover Housing Benefit/Universal Credit that was paid to landlords convicted of running unlicensed properties. An application for an RRO may be made where a conviction has been obtained in respect of the following offences:
Failure to comply with an Improvement Notice under section 30 of the Housing Act 2004; Failure to comply with a Prohibition Order under section 32 of the Housing Act 2004; Breach of a banning order made under section 21 of the Housing and Planning Act 2016;
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Using violence to secure entry to a property under section 6 of the Criminal Law Act 1977; and Illegal eviction or harassment of the occupiers of a property under section 1 of the Protection from Eviction Act 1977.
Banning Orders
2.9 The use of banning orders is designed to prevent certain rogue landlords and/or property agents from letting property for a fixed period of time, from holding an HMO licence or from making a prohibited disposal of property. The banning order must be made for a minimum of 12 months. A banning order can be made by a first Tier Tribunal if a person is convicted of a banning order offence which will be specified in regulations. Breach of a banning order is an offence; a person being guilty on summary conviction may face a fine and/or imprisonment for a period of up to 51 weeks. However, the Authority may, as an alternative to prosecution, impose a civil penalty fee of up to £30,000 if it decides beyond all reasonable doubt the person has breached a Banning Order. The Authority will have a Statutory Duty to enter data on a National Database of Rogue Landlords.
3. Extension of Mandatory HMO licensing
3.1 Mandatory licensing of HMOs came into force in 2006 and applies to those HMOs of three storeys or more, lived in by five or more people, in two or more separate households. To date, the Council has licensed 98 HMOs and continues to actively identify licensable HMOs.
3.2 The Government proposes to extend the scope of mandatory HMO licensing on 1 October 2018.
It will apply where certain HMOs are occupied by five persons or more in two or more households, regardless of the number of storeys. This includes any HMO which is a building or a converted flat where such householders lack or share basic amenities such as a toilet, personal washing facilities or cooking facilities. It also applies to purpose built flats where there are up to two flats in the block and one or both are occupied as an HMO.
3.3 According to the 2008 Private Sector Stock Condition Survey, it is estimated that Runnymede has 1130 HMOs. To date, 98 have been licensed, 200 have been accredited, with 563 inspected pro-actively and brought up to standard by the private sector housing (PSH) team. From the Civica database we estimate there are 193 one and two storey HMOs with five or more occupiers and there are 490 HMOs with no recorded data of the number of the number of occupiers. This means we can possibly expect at least 683 further HMOs which are likely to fall under the proposed HMO licensing rules.
Number Occupants identified Licensed HMO 98 3 storey HMO Not licensable 50 1/2 storey HMO 5 or more 193
1/2 storey HMO less than 5 231 - 9 -
No data 490 Total 1062 Table 1. HMO data from Civica HMO licensing process
3.4 The Private Sector Housing team consists of 2 Officers who are responsible for HMO licensing along with private sector housing enforcement and assistance. We currently operate a manual input system from a paper based application form which will not be sustainable particularly with the volume of applications expected. We anticipate a high influx of applications when the extension dates are confirmed. Therefore, it would be prudent to have a new system in place to test out before the extension begins.
3.5 HMO licence fees are designed to cover administrative costs. With the basic HMO licence fee being £650 for a 5 year licence, for the 98 licensed HMOs, Runnymede receives on average £12,740 per year in fees for HMO licensing.
3.6 With the minimum expected number of a further 683 licensable HMOs, this would bring in a further income of £443,950 over the next 5 years which works out at £88,790 per year. It is highly likely that the income earned will be more as there are a further 490 HMOs where occupier numbers are unknown.
3.7 Any work arising from the implementation of the legislation is likely to have some impact on existing staff resources and the additional software module will require an amendment to our current software licensing costs. We will bring another report in future regarding further staffing resources and other direct costs once the scheme has commenced and a review of the implications has been carried out.
Civica HMO licensing tool costs
3.8 As stated previously, our current paper based system of dealing with applications will not be suitable going forward. Officers therefore, propose the purchase of a licensing software tool to ensure speedy and efficient administration roll out of the extended licensing system. We currently utilise Civica APP software as a case management system and they have proposed a scoping day which would be priced at £1,360 to assess what and how the present system could be updated. Realistically, this would entail the purchase of the Civica HMO licensing tool software; the cost of which will be in the region of £25,000. A Supplementary Revenue Estimate is needed to cover both the scoping day costs and to make provision for the software upgrade. It is unfortunate that these figures could not be included in the budget setting cycle, but there remains uncertainty regarding the implementation of these new obligations and it can be noted that the costs of introducing this wider mandatory licencing should be fully recoverable from the associated licencing fees within the relevant financial year. Therefore, it is suggested that an appropriate recommendation is made to the Corporate Management Committee for the relevant financial provision. The new module will also be likely to require a change to our software licensing costs. Although this ongoing cost would be recoverable from the HMO licensing fee income. The further report to establish the wider implications of the new requirement will include consideration of this matter.
3.9 The HMO licensing tool we are considering consists of:
An online application system; Captures information quickly – application data pre-populated in APP, including a PDF of the form automatically attached to the case record; Receipt of online payments securely and update licences;
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Validate and issue new documents instantly – form validation ensures mandatory data is completed.
3.10 The software upgrade is an additional module to accommodate HMO licensing in the existing Environmental Health and Licensing database, Civica, as noted above. This system is currently used for enforcement in respect of all licencing matters, including HMOs and consequently its extension to accommodate the licensing needs as well represents the best value solution, removing both the need to seek middleware between the ‘licensing’ software and the ‘enforcement’ software and the need to migrate existing information across from the existing system. For this reason it is suggested that running a tendering exercise is not preferable and the recommendation to Corporate Management Committee should include a recommendation for a waiver under Contract Standing Order 2.5.1 of the Council’s Standing Orders for Contracts, so that the procurement can occur without the need to comply with Contract Standing Order 2.1, which would normally require a tendering exercise to be undertaken before awarding the contract.
4. Policy framework implications
4.1 The Council has a statutory duty as a Local Housing Authority to enforce relevant Housing legislation. The Scheme of Delegation must be revised in order to properly authorise Officers to carry out their functions and it is recommended that this Committee approves the Constitution to be amended to allow for these new powers.
4.2 The Council must have regard to any Statutory Guidance issued in relation to determining the level of any civil penalty. As and when further guidance is published this will need to be incorporated as part of the Private Sector Housing Enforcement Policy (Under the overall Environmental Health Enforcement Policy). Should this require anything other than administrative amendments to the relevant enforcement policy a report will be brought back to a future meeting of this Committee once amendments to that policy have been made to reflect the imposition of Civil Penalties in accordance with Schedule 13A of the Housing Act 2004 and any other statutory guidance issued by the Secretary of State.
5. Resource implications
5.1 The Government has indicated that the income from Civil Penalties can be retained by the Local Authority and must be used to further its statutory functions in relation to the private rented sector.
5.2 It is difficult to be precise as to our ability to levy civil penalties as this will obviously be dependent on the level of compliance by landlords. However, most landlords are likely to comply upon being given the first notice of intention to issue a penalty.
5.3 There will be additional costs in processing the civil penalty paperwork, responding to any representations and then defending appeals. It is anticipated that any additional costs will be met through the income generated through levying civil penalties as an alternative to prosecution proceedings.
5.4 HMO licence fees are designed to cover the costs of implementing a licensing scheme. Any additional resourcing needed, in addition to the software enhancement described above, will be subject of a further report, following clarification of the additional burden arising from this duty.
6. Legal implications
6.1 Section 126 of The Housing and Planning Act 2016 allows financial penalties to be imposed as an alternative to prosecution for certain offences as set in Schedule 9 of - 11 -
the Act. Schedule 9 in turn amends the Housing Act 2004 including providing a new Section 249A which has the financial penalties as an alternative to prosecution. The Act also introduces a number of other steps that may be taken by the Council to tackle landlords who do not comply with the law and improving the private rental sector.
6.2 The explanatory memorandum to the 2016 Act advises ‘this instrument comes into force on 1 October 2018. Before that date Local Housing Authorities (LHAs) must promote the changes this instrument makes and the extension of mandatory licensing in their respective areas. During this period, LHAs must also process applications for licences relating to those HMOs prescribed by this instrument. However, any licences issued in advance by virtue of this instrument cannot come into force before 1 October 2018. Landlords of HMOs falling within the prescribed description who fail to apply for licences by 1 October 2018 commit a criminal offence from that date.
6.3 Due regard has been given to the implications of the Human Rights Act, the Equalities Act, the Crime and Disorder Reduction Act and to the Private Sector Housing Enforcement Policy (Under the overall Environmental Health Enforcement Policy).
7. Equality implications
7.1 It is not anticipated that the new regulations would discriminate against any residents in Runnymede under protected characteristics. An initial screening assessment is being undertaken; the results of which will be reported to the meeting.
8. Conclusions
8.1 Officers recommend that approval is given to the proposed civil penalty policy and guidance for relevant offences under the Act and the relevant policy updated accordingly and to make changes to the Council’s constitution to amend the scheme of delegation to deliver these new powers.
8.2 Officers request that a recommendation is made to Corporate Management Committee for a Supplementary Revenue Estimate for the procurement of the Civica HMO licensing software.
(To resolve)
Background papers
Civil penalties under the Housing and Planning Act 2016, Guidance for Local Housing Authorities https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606653/Civil_Penalties_g uidance.pdf Rent repayment orders under the Housing and Planning Act 2016, Guidance for Local Housing Authorities https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606654/Rent_Repayment _Orders_guidance.pdf Houses in Multiple Occupation and residential property licensing reforms – Government response https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/670536/HMO_licensing_r eforms_response.pdf
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7. HOUSING BUSINESS CENTRE PLAN 2018/19 (HOUSING)
Synopsis of report:
The report informs Members of the progress made against last year’s Housing Business Centre Plan and provides a summary of this year’s Plan for approval.
Recommendation:
that the 2018/19 Housing Business Centre Plan be approved.
1. Context of report
1.1 A corporate-wide Performance Management Framework (PMF) has been established to assist Members and Officers with the decision making process. The general purpose of the PMF is to bring about improvements and/or take remedial action in the event of service or financial challenges.
1.2 To complement the PMF, the Business Planning Cycle involves the Director of Housing and Community Development completing an annual Business Centre Plan which sets out for the forthcoming year:
Key drivers/influences Objectives Performance indicators Links to the Corporate Business Plan.
2. Report
2.1 The full Housing Business Centre Plan can be found in Appendix ‘B’. A summary is provided below.
Purpose of the Business Centre
2.2 The primary purpose of the Housing Business Centre is to provide a comprehensive housing service incorporating:
the management, maintenance and allocation of council owned stock discharge of the Council’s statutory duty under homelessness legislation Housing Solutions focussing on homelessness prevention, tenancy sustainment and housing advice encouraging and enabling the provision of new affordable housing Magna Carta Lettings (MCL) Home Improvement Agency including provision of disabled facilities grants housing development programme.
Key achievements in 2017/18
2.3 The key achievements in 2017/18 by the Housing Business Centre were:
. 12 new council homes are under construction, the first HRA development since the 1990’s.
. Routine void times reduced dramatically, currently averaging 21 days.
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. Preparations for the Homelessness Reduction Act including training, launch of Housing Solutions Service, recruitment of additional staff, working with the software provider and joint Stakeholder event with Spelthorne BC held at Runnymede in December 2017.
. New corporate DHP Policy with emphasis on tenancy sustainment and closer working with Housing.
. Pilot with Woking BC for more efficient management of DFGs, while retaining financial control in house, enabling increased provision of handyman services.
. MCL have managed 21 tenancies, arranged direct lettings to 15 tenancies and facilitated 45 other tenancies since the launch in 2016.
. Housing now regularly consulted on planning applications and providing Planning with data to inform policy development, and section 106 negotiations. Some very positive recent outcomes have included improved tenure mix on forthcoming section 106 development sites and increases in commuted sums.
. Dealt with issues as a result of the Grenfell Tower fire including responses to Councillors, media and Freedom of Information requests. Offer of additional works to provide peace of mind to Surrey Towers’ tenants. All Fire Risk Assessments in place.
. Thorough TA review including options to increase income and reduce costs to General Fund.
. Successful pilot of shared house model with Transform Housing and Support.
. Initiated and assisted in Council Tax reconciliation for New Homes Bonus.
Key areas for improvement from 2017/18
2.4 Reflecting back on the year 2017/18, the key areas for improvement by the Housing Business Centre are:
1. Temporary Accommodation provision better reflects the housing needs of homeless households. 2. Better use of the housing stock. 3. Closer working with partner RPs to maximise development/acquisition potential.
Key drivers/influences
2.5 The key drivers/influences impacting on the Housing Business Centre in 2018/19 are:
1. Government Housing Policy 2. Homelessness Reduction Act (HoRA) 3. Reduction in RSG 4. Welfare Reform /Universal Credit 5. Planning policy 6. Affordability and LHA rate 7. MHCLG 8. Lack of affordable private rented housing 9. Cuts in SCC funding 10. Partners: RPs, Health organisations, Surrey County Council, voluntary sector, developers, private landlords, Homes England, Tenants’ groups.
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Objectives
2.6 The objectives which have been set for 2018/19 are:
1. A revised Homelessness Strategy by March 2019
2. Temporary Accommodation Strategy in place by November 2018
3. Revised Allocations Scheme in place by November 2018 4. 15 additional properties through MCL by April 2019 5. Current tenant rent arrears not to exceed 1.6% of the total rent roll by the end of the financial year 2018/19 6. A revised Tenancy Strategy (including Tenancy Policy) is in place by March 2019 7. Bathroom renewal contract in place by May 2018 8. Kitchen renewal contract in place by July 2018 9. Relet the void and demand contracts by April 2019 10. New gas servicing contract which meets customer aspirations and is value for money to be procured by September 2018 11. 100% of gas safety checks completed by the anniversary date 12. Maintain a 70%-30% planned maintenance ratio 13. Delivery of 25 new properties 14. Review the HIA joint working pilot with Woking BC by May 2018 15. To introduce cross tenure tenancy sustainment packages for every household whose tenancy is under threat 16. A reduction in the number of residents affected by the benefit cap 17. Upgrade of IT system 18. Review the HRA Asset Management Plan by April 2019 19. Complete IRL review by April 2019 20. Hold a minimum of 3 meetings of Runnymede Housing Development Partnership within the year 21. Provide Members with monthly Members Bulletin updates
Performance Indicators
2.7 The Key Performance Indicators for 2018/19 are:
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Target 2018/19
Full Q1 Q2 Q3 Q4 year Performance Indicator (Apr- (Jul- (Oct- (Jan- (Apr- June) Sept) Dec) Mar) Mar)
1) Repairs Satisfaction survey result. “Were you satisfied with the overall 95% 95% 95% 95% 95% service received?” (cumulative total returned) 2) Number of formal complaints related 0 0 0 0 0 to the Business Centre/team 3) Number of decisions investigated by the Ombudsman requiring a remedy 0 0 0 0 0 by the Council 4) Average number of days to re-let 30 30 30 30 30 dwellings 5) Number of households with children 0 0 0 0 0 in B&B for more than 6 weeks. 6) Rent arrears of current tenants as a 1.6% 1.6% 1.6% 1.6% 1.6% percentage of rent due 7) Percentage of tenants with more than Annual 2.6% 7 weeks rent arrears indicator
3. Policy framework implications
3.1 This Plan supports the achievement of the following themes in the draft Corporate Business Plan:
Supporting Local People Enhancing Our Environment Improving Our Economy Organisational development
(To resolve)
Background Papers None.
8. KEY PERFORMANCE INDICATORS – QUARTER 3 2017/18 (HOUSING)
Synopsis of report:
This report sets out the Key Performance Indicators for the third quarter of 2017/18.
Recommendation(s):
that the results of the Performance Indicators be noted.
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1. Context of report
1.1 This report informs Members of the Performance Indicator results for the third quarter of 2017/18.
2. Report
2.1 The annual targets were agreed as part of the Corporate Key Performance Indicators and are also incorporated in the Housing Business Centre Plan.
2.2 Table of Performance Indicators
Performance Q3 Target Q1 Q2 Q3 Indicator (Oct - 2017/18 (April- (July- (Oct – Dec June Sept Dec 2016) 2017) 2017) 2017)
PI 1: Average number of days 21 30 21 21 20 to re-let dwellings.
PI 2: Satisfaction with the 97.0% 95% 97.3% 97.7% 97.3% repairs service received.
PI 3: a) Number of households in 15 36 19 28 15 B&B for more than 2 weeks.
b) Number of households with 0 0 0 0 0 children in B&B for more than 6 weeks.
PI 4: Rent arrears of current 1.6% 1.6% 1.58% 1.79% 1.82% tenants as a % of rent due.
PI 5: % of tenants with more (3.1%) 2.6% (3.3%) (3.8%) (3.9%) than 7 weeks rent arrears - annual indicator.
Note: The target for PI 5 is for the annual result. The indicative results at the end of the quarters are shown in brackets.
2.3 The majority of properties are now frequently tenanted within one or two days of any necessary void works being completed and the results for the total number of days to re-let routine void properties in quarter 3 was excellent.
2.4 Tenants’ overall satisfaction with the responsive repairs service remains above target. 2.5 The number of households in Bed and Breakfast (B&B) accommodation for more than 2 weeks has already exceeded the annual target of 36, with the use of emergency accommodation much higher this year than last year. However, the number fell to 15 households in quarter 3 - the lowest quarter this year and by the end of January there were only 4 households in B&B. The Council has a legal duty, in certain circumstances, - 17 -
to provide accommodation while it carries out investigations into homelessness applications. Temporary Accommodation is currently prioritised for households with children. In order to accommodate the increasing number of single people approaching the Council and a likely further increase in the need for emergency and interim accommodation with the implementation of the Homelessness Reduction Act in April, officers are pursuing options to increase the number of smaller properties for use as Temporary Accommodation. 2.6 The rent arrears targets remain challenging with a slight increase in the percentage of rent due from tenants to 1.82% and the percentage of tenants with more than 7 weeks’ arrears to 3.9%. Although the team is not yet fully staffed, the recent recruitment of an experienced officer to the post of part-time Tenancy Management Officer is already boosting rent collection. 2.7 This item presents the opportunity for Members of the Committee to ask questions about Housing performance. To enable Officers to give a full response, Members are requested to give advance written notice of any questions to the Chairman and Corporate Director no less than 48 hours prior to the meeting.
2.8 Members are also asked to note that this report should be distinguished from committee specific reports and is a standard report submitted to all the service committees. The aim is to improve awareness of corporate performance and should be read in conjunction with this Committee’s Business Centre Plan.
(For information)
Background papers None.
9. CREATION OF A SUSTAINMENT & PREVENTION OFFICER POST AND ADDITIONAL FUNDING TO SUPPORT THE DEVELOPMENT OF MAGNA CARTA LETTINGS (HOUSING)
Synopsis of report:
In order to continue to build on the success of Magna Carta Lettings and to add properties to its portfolio, it is necessary to increase the staffing resource, to ensure that existing and additional tenancies are sustained and there is sufficient resource to focus on seeking out new lettings, procurement and landlord liaison.
Recommendations:
(i) the budget for the recruitment of a Sustainment & Prevention Officer for Magna Carta Lettings, at a cost of £45,000 per annum, be approved;
(ii) a budget of £16,320 to facilitate a further 15 private sector properties into management by Magna Carta Lettings, be approved;
(iii) these costs, totalling £61,320, are to be funded by the amount set aside for this purpose in the 2018/19 budget and Medium Term Financial Strategy; and
(iv) Corporate Management Committee be requested to approve this additional post to the Staff Establishment accordingly
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1. Context of report
1.1 The Council has operated various private rented sector schemes for landlords for over 17 years. The aim of the scheme originally was to prevent homelessness by working with landlords to house applicants for a period of time, dependent on the term of the Assured Shorthold Tenancy Agreement. By preventing homelessness in this way, it resulted in an applicant not making a homeless application to the Council and therefore, the Council not owing a full homelessness duty to that applicant. The Localism Act 2011 gave Councils the ability to discharge their main homelessness duty with an offer of accommodation in the private rented sector.
1.2 In June 2015 Housing Committee approved the creation of Magna Carta Lettings to offer two services to private sector landlords:
Direct Lettings
● Bond or deposit to cover damage, abandonment and/or outstanding rent (up to £3,450 for a 2 bed and £4,050 for a 3 bed, equivalent to three months’ rent) offered for the lifetime of the tenancy. ● Incentive of up to £2,000 for 2 bed and £3,000 for a 3 bed to secure letting for a minimum of two years (half of the incentive payable at the start of the tenancy and the remainder at the end of 2 years).
AST Management Service
● Bond to cover damage and/or abandonment up to the value of £2,500 for 2 beds, £3,500 for 3 beds offered for the lifetime of the tenancy. ● Free management service, including sign ups, inventories, sustainment visits and accounts management (landlord expected to let with RBC for a minimum of two years to qualify for the free management service). ● Guaranteed rent paid monthly in advance. ● Free repairs undertaken up to the value of £250 per year.
1.3 MCL currently has one Private Sector Management Officer who manages the tenancies, liaises with landlords and works to secure additional properties. Since this Committee approved the enhanced offer, 81 tenancies have been created as a result of the scheme and there are currently 21 properties receiving the full managed service. This Officer is at full capacity and not able to devote sufficient time to sourcing additional units.
1.4 MCL properties are used to prevent homelessness for families to whom we would owe a duty at the point of approach or to provide move on from Temporary Accommodation. There are insufficient properties available through the Council and registered provider stock to meet the need from homeless households and the housing register (including council tenants needing a move to alternative accommodation). As a result we need access to private sector rented properties to ensure sufficient move on from TA. A consequence of insufficient move on is that households have to be placed in emergency accommodation such as B&B until there is TA available. The Council’s General Fund has to bear any cost of this in excess of the Local Housing Allowance which is a minimum of £25 per room per night and can be much more depending on availability.
2. Report
Development of Magna Carta Lettings and Sustainment Work
2.1 The Homelessness Reduction Act (HoRA) will be introduced in April 2018 and as a direct result there will be far greater emphasis on preventing homelessness and - 19 -
sustaining current tenancies. In addition, there will need to be a greater focus on using private rented sector (PRS) properties for the prevention of homelessness and to fulfil both the initial and final duty to secure accommodation for homelessness families.
2.2 In order to attract landlords to the Magna Carta Lettings (MCL) service we need to provide long term tenancies, otherwise we cannot compete with the income obtainable from the private market. Our scheme aims to provide the landlord with a no cost high quality management service. It is essential that tenancies are sustained. However, some of the households we are placing in MCL have complex needs and require more in depth support to manage and sustain their tenancy.
2.3 Households who are subject to the benefit cap may find it very difficult to maintain their rent account; the reduced benefit cap from November 2017 will have a significant impact on private sector tenancy sustainment. A single, unemployed parent with three children will have an income of £236 per week made up of income support, child benefit and child tax credits. The rent on a three bedroom Magna Carta property would be the Local Housing Allowance rate of £277 per week. Prior to November 2017, the household would have received £264 in housing benefit (a £13 shortfall) but this is now reduced to £146, leaving the tenant to pay £131 per week from their £236 income and an additional £3.60 in Council Tax. This leaves £101 per week to cover all household bills, food, clothing, loan repayments, purchase of household items etc. for a family of 4 people. Many of these households will require support to manage their finances and not accrue rent arrears.
2.4 For the properties on the full service, we offer guaranteed rent as the only way to attract landlords. Management of rent accounts for tenants in receipt of benefits is time consuming, as people with chaotic lifestyles or inconsistent employment move on and off benefits. When Universal Credit is fully operational this will be even more complex.
2.5 In light of the above, a supplementary estimate to fund a Sustainment Officer to work with tenants housed through MCL has been included in the MTFS. Subject to the approval of this Committee and Corporate Management Committee; it is planned to expand MCL beyond the current portfolio of PRS properties during 18/19 in order to help meet the demands of HoRA. Creating a new sustainment post within MCL will allow the current Private Rented Sector Management Officer to continue to focus on sourcing new lettings and landlord liaison.
2.6 There is a financial cost to attracting landlords to the service through a variety of incentives offered. A budget of £16,320 will enable us to take on a further 15 properties over the next year.
2.7 These additional resources represent a spend to save strategy to ensure that access to private sector properties is maximised and tenancies are sustained enabling us to retain and recruit landlords.
3. Policy framework implications
3.1 Magna Carta Lettings is a significant component of our Homelessness Strategy; without the properties made available through the scheme we would have significantly increased costs for Temporary Accommodation and potentially using disproportionate amounts of our own stock as TA.
4. Resource implications
4.1 In compiling the Medium Term Financial Strategy (MTFS) last year, Officers submitted a number of additional budgetary requests to be put forward to Members as supplementary estimates. These requests were scrutinised by the Corporate
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Leadership Team who rejected some and recommended that the others be included in the MTFS to be spent only after specific future Committee approval.
4.2 Should Members decide not to approve the additional costs as set out in this report then the budget for 2018/19 and subsequent years will be reduced accordingly.
4.3 The additional post and associated costs now being proposed are based upon a post of grade 9/10, plus car allowance and on costs totalling £45,000.
4.4 The estimated costs of acquiring an additional 15 properties on the Magna Carta Lettings scheme is £16,320 and based on the recommendations approved in March 2017.
4.5 By taking on a further 15 managed properties through the Magna Carta Lettings scheme, in addition to the extra properties acquired during 2017/18, it is hoped that we can avoid the large increase in Bed and Breakfast costs that occurred during 2017/18. When the General Fund Homelessness budgets were approved in February 2017, the costs of Bed and Breakfast accommodation was estimated at £112,000. However, early in 2017/18 it became apparent that this budget would be insufficient, so this provision was increased to £280,000 in the quarterly monitoring reports presented to Corporate Management Committee. This large increase net of charges levied on the clients resulted in an additional net cost to the General Fund of around £100,000.
4.6 Since the provision of new affordable housing schemes in the borough by RP’s (such as AddlestoneOne) the numbers of clients in Bed & Breakfast has declined and it is hoped that the previous large increase in costs will reduce during the remainder of this year, and also during 2018/19. Though, as mentioned above, the new HoRA legislation is likely to increase demand for accommodation. Therefore, Members are asked to note the large increase in Homelessness costs and the impact on the General Fund.
5. Legal implications
5.1 The Legal implications are the same as those set out in the report to this Committee in March 2017.
6. Equality implications
6.1 The Council must have due regard to its duty under s149 of the Equality Act 2010 when exercising any functions under Part VII of the Housing Act 1996. An Equalities Impact Screening was carried out when the policy was introduced. The policy is unchanged. Therefore, this scheme does not discriminate against any particular groups defined by the Equality Act 2010 and it is not anticipated that there are any implications in this regard.
(To resolve)
Background papers None.
10. EXTENSION OF THE TENANCY STRATEGY 2015/17 AND HOMELESSNESS STRATEGY 2014/17 (HOUSING)
Synopsis of report:
1. The Council has a legal duty to publish a Homelessness Strategy and a Tenancy Strategy including a Tenancy Policy for the management of HRA stock. This Committee approved the extension of both the Homelessness - 21 -
Strategy and Tenancy Strategy for one year until January 2018, due to impending legislation and regulations which would impact on these strategies. The implementation of the Homelessness Reduction Act in April 2018 will fundamentally change the Council’s Homelessness Strategy and although extensive preparation has taken place for implementation of the new service, the Strategy is still being developed and requires extensive consultation. As the Act is not implemented until April there has been no opportunity for external agencies and partners to assess our response to the new duties.
2. Regulations expected in 2017 have not been produced for the changes to lifetime tenancies legislated in the Housing & Planning Act 2016 to enable these to be incorporated within a new Tenancy Strategy.
3. The Homelessness Act 2002 requires publication of a Homelessness Strategy every 5 years, so the existing 2014/2017 strategy could be extended until 2019.
4. The Localism Act 2011 requires the Local Authority to publish and keep its Tenancy Strategy under review and modify or replace it from time to time, in line with changes to the type of tenancies offered. As no changes have been made, the current strategy is still applicable and could be extended.
Recommendation: that the current Tenancy Strategy 2015/17 (which includes our current Tenancy Policy) and the existing Homelessness Strategy 2014/17, be extended for a further 12 months.
1. Context of Report
Tenancy Strategy 2015/17
1.1 The Localism Act 2011 placed a duty on Local Authorities to publish a Tenancy Strategy for the Borough. If a Local Authority is also a stock retained landlord, then it is required to have a Tenancy Policy for its own housing stock as well as having a Tenancy Strategy for other social landlords who operate within the Borough.
1.2 The purpose of a Tenancy Strategy is to set out the matters to which Registered Providers of social housing are to have regard in formulating polices. These relate to the following areas:
a) Tenancies the Council wishes to see for social housing accommodation in the Borough b) The circumstances under which Registered Providers (RPs) will grant a tenancy of a particular kind c) Where Registered Providers (RPs) grant fixed term tenancies, what that term may be d) The circumstances under which the tenancy may, or may not, be re-issued at the end of a fixed term
1.3 The Housing & Planning Act introduced mandatory changes to the type of tenancies Local Authorities and Registered Providers are allowed to offer due to the limited take up of the flexible fixed term tenancies introduced in the Localism Act 2011. The
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Government has not yet produced the regulations which will set out how Local Authorities should implement these changes and from which date.
1.4 The Council’s current Tenancy Strategy 2015/17 is available to view and download from the Council’s website.
Homelessness Strategy 2014/17
1.5 The Council is responsible under the Homelessness Act 2002 for producing a Homelessness Strategy for the Borough on a five yearly basis. The current Strategy was a two year document (2014/16). Counsel’s opinion was sought in 2014 and agreement was reached to produce an interim 2 year strategy based on the commissioning of a Strategic Housing Market Assessment (SHMA) and Housing Needs Survey in 2014.
1.6 The Homelessness Strategy was due for revision in 2017. However, due to recent legislation, the Housing and Planning Act 2016 and the Homelessness Reduction Act 2017, along with further welfare reforms, in particular reduction of the benefit cap and full implementation of Universal Credit, this Committee agreed a one year extension to each strategy in order for the implications of these legislative changes to be analysed. The current Strategy is 2014/17.
1.7 The last SHMA was published in 2015 and is currently being reviewed as part of the Local Plan development. A new Homelessness Strategy compiled earlier would have relied on the data analysis from 2014. The Homelessness Strategy written in 2018 will have the benefit of the reviewed document.
1.8 The Council’s current Homelessness Strategy is available to view and download from the Council’s website.
2 Report
2.1 The Housing Advice, Homelessness and Allocations services have undergone a review and restructure in order to comply with the new working practices necessitated by the Homelessness Reduction Act 2017. The new Housing Solutions Service will not only implement new internal processes but there will be major changes to the referral mechanisms from external agencies. The Act has necessitated the introduction of a new homelessness IT system to manage the new complex, multi stage process and ensure data is collected and verified in order to make the new online Homelessness Case Level Information Collection (H-CLIC) submissions to the Ministry of Housing Communities and Local Government (MHCLG).
2.2 This Committee has previously approved the budget for the recruitment of additional staff to provide the extended service and for the enhanced IT system. Officers have worked extremely hard to ensure that the Council is prepared for the implementation in April 2018.
2.3 The Homelessness Strategy will reflect the Council’s approach to the new legislation and the structure for this is in place. However, the MHCLG has not yet issued protocols for agency referrals and only post implementation will Officers be able to assess the impact of the new duties and additional demand for Temporary Accommodation.
2.4 The Welfare Reform and Work Act 2016 has further reduced access to benefits affecting some RBC Housing Revenue Account tenants and low income households within the private rented sector. The effects of these changes are still being analysed with tenancy sustainment posts being introduced across the tenures.
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2.5 Once the new duties become law and the implications for the Council are quantifiable, it will be necessary to carry out a complete analysis of all areas of the service and from that to revise the Council’s Homelessness Strategy to reflect how we will deliver our services aligned with the additional challenges from the Housing & Planning Act 2016 and the Welfare Reform & Work Act 2016.
2.6 The current Allocations Scheme will be reviewed this year to take account of the Homelessness Reduction Act and this will be reflected in the new Homelessness Strategy.
2.7 A new Tenancy Strategy and Policy will be produced reflecting the legislation currently in force and in the event that the Regulations relating the Housing & Planning Act 2016 are forthcoming there will be an immediate review.
2.8 The initial stage is to review the current strategies and that is currently in progress.
2.9 Draft strategies will be subject to a period of consultation with Members and internal and external partners in order to bring the new strategies to Housing Committee in September 2018.
3. Policy framework implications
The matters set out in the report will have implications for the following:
Corporate Business Plan Business Centre Plan Tenancy Management Policies Allocation Scheme Tenancy Strategy Tenancy Policy Homelessness Strategy Nomination Agreements
4. Equality Implications
4.1 The current existing Tenancy Strategy 2015/17 (including the current Tenancy Policy) and the existing Homelessness Strategy 2014/17 are being reviewed in the light of this recommendation to extend them each for a further 12 months. In the absence of full Equalities Impact Assessments accompanying this report, the Committee’s approval is requested, but, with the proviso that this approval is given subject to the Chairman’s and Vice-Chairman’s subsequent agreement that all Equality issues have been satisfactorily dealt with.
5. Resource Implications
5.1 None Identified.
6. Risk Assessment
6.1 These strategies are legally required and both are substantial pieces of work. The Regulations, data and empirical evidence required to produce robust and enduring strategies have not been available. If the current strategies are not extended, the Council will be in breach of its duties. Therefore, whilst the current Homelessness Strategy and Tenancy Strategy (and Tenancy Policy) are outdated and must be reviewed, their extension will mitigate the risk of publishing an expired document.
7. Legal implications
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Housing & Planning Act 2016
7.1 There are legal implications in terms of drawing up supporting procedures and the implementation of the various aspects of the Act, most notably around ending tenancies for life. Once further guidance has been issued analytical assessment of this can take place.
Homelessness Strategy
7.2 The Council is responsible under the Homelessness Act 2002 to produce a Homelessness Strategy and Review for the Borough on a five-yearly basis. The current strategy complies with the requirements of the Homelessness Act 2002:
i) Preventing homelessness in their district;
ii) Securing that sufficient accommodation is and will be available for people in their district who are or may become homeless;
iii) Securing the satisfactory provision of support for people in their district -
- Who are or may become homeless; or - Who have been homeless and need support to prevent them becoming homeless again.
7.3 Under Section 150 of the Localism Act 2011, all Local Authorities have a duty to produce a Tenancy Strategy, setting out the matters to which the registered provider of social housing for the district are to have regard to as listed at 2.2 above. The Council must also have regard to its Tenancy Strategy in exercising its management function and have a Tenancy Policy for its own housing stock, provide a summary of the policies, publish the Tenancy Strategy and keep the Tenancy Strategy under review as set out in the policy document.
7.4 Under the Localism Act 2011, the Council, in preparing or modifying its Tenants’ Strategy must have regard to its current Allocation Scheme and to its current Homelessness Strategy.
8. Conclusions
8.1 Given the information contained in the main body of this report, the current Tenancy Strategy (including Tenancy Policy) and the current Homelessness Strategy be extended for 12 months to enable incorporation of the implementation of the Homelessness Reduction Act and appropriate consultation with a wide range of external and internal partners and agencies.
(To resolve)
Background papers Relevant papers on departmental files.
11. BATHROOM REFURBISHMENT CONTRACT (HOUSING)
Synopsis of report:
The purpose of this report is to update Members on progress with the previously reported procurement of the Bathroom refurbishment contract and seek the
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Committee’s approval for Officers to award the contract to enable the procurement process to progress in a timely fashion.
Recommendation:
that the Corporate Director of Housing and Community Development, in consultation with the Chairman of this Committee be given delegated authority to approve the procurement of a suitable contractor to undertake the Bathroom refurbishment contract in accordance with standing orders
1. Context of report
1.1 To update Members on the progress of the procurement of the Bathroom Refurbishment contract and seek approval for making its award.
2. Report
2.1 Members previously approved the procurement of the Housing Bathroom Refurbishment contract. The proposed contract will follow the format of our previously established process, which will be the creation of a fixed cost for each bathroom refurbishment based on a pre-determined basket of requirements that has been established by the working group from the Runnymede Councils Residents’ Association (RCRA). This is supported by a schedule of rates to allow for any additional works that may be needed and establishes a pre-agreed cost.
2.2 The aim is to undertake between 75 and 100 refurbishments within the initial financial year, subject to the value of the works required. Once again the contract will initially be for a twelve month period, but will include the opportunity to extend this period, subject to the contractor’s performance.
2.3 The original programme allowed for the contract to be let this financial year, but as Members will recall, the procurement programme for a number of contracts has had to be re-defined and the Bathroom contract was one of those affected.
2.4 The contract is being tendered through an open process to meet the procurement regulations and at the time of composing this report, is presently out to tender.
2.5 The award process will be based on the ‘most economically advantageous’, giving consideration to the quality of the service to be provided, rather than just the price. It is anticipated this process will optimise the chances of achieving best value, allowing contractors of a suitable size and experience to be considered for the project. Each part of the evaluation process will be completed by a tender panel, with no Officer having sole responsibility for the decision making process.
2.6 The tender has attracted significant interest and it is anticipated that between 25-30 formal responses will be made. The process of the award assessment will take some time and it is anticipated that the preferred supplier will not have been identified until after this Committee has met. To allow for the continual progress of the procurement process, Officers are therefore seeking approval for the delegated authority, in consultation with the Chairman, to let the contract.
2.7 The value of the tender is determined by the budget that has been set. The way in which the contract has been formulated allows for no minimum value of work, or maximum. Within the proposal, an indicative bathroom cost is defined, but the agreement is that no more than the annual budget can be spent in any one year, without
- 26 -
seeking further approval. Members have already approved the budget for the future spend on the Bathroom contract in January’s Committee cycle.
3. Financial Considerations
3.1 The Bathroom upgrades programme is a long term project and is detailed in the annual estimates report. It is varied to take account of the likely level of works to be carried out on a year by year basis.
3.2 The Housing Maintenance budget approved in January 2018 by this Committee includes a provision of £645,000 to cover the costs of bathroom upgrades to our stock.
4. Legal implications
4.1 The value of the proposal for the above contract is below the value associated with the requirements set out within the Public Contract Directive. Thus, there is no requirement to advertise the contract through the EU Publication Office.
4.2 The proposal fits both within the Contracts Standing Orders and the new Public Contract procurement regulations.
5. Equality implications
5.1 No equality implications have been identified.
6. Conclusions
6.1 In accordance with the Standing Orders for Contracts, items 2.4 (a), Officers have previously sought from Committee the required authority to proceed to contract for this project. Delegated authority is now requested to ensure procurement is not delayed by the Committee cycle.
(To resolve )
Background papers None.
12. STAIRLIFT CONTRACT (HOUSING)
Synopsis of report:
The purpose of the report is to advise Members of the proposed use of the ‘Procurement for Housing’ framework arrangements in the procurement of equipment and services to help in the delivery of the aids and adaptations programme imposed on the Council through the Disabled Facilities Grant.
The proposal looks to take advantage of the benefit provided through the group purchasing power within the consortiums proposal.
Recommendation:
that approval is given for Runnymede to use the Procurement for Housings ‘Materials and Associated Managed Services’ Framework and for Stannah Lifts to become the recognised supplier under that framework for both the private and public sector housing provision of stairlifts.
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1. Context of report
1.1 In accordance with the Standing Orders for Contractors, approval is sought for:
Approval to use the procurement arrangements created by the Procurement for Housing for the purchases required under the Disabled Facilities Grant (DFG) process employed for both the private and public sector properties within the borough
Stannah Lifts to become the recognised supplier under the ‘Materials and Associated Managed Services’ framework contract established by Procurement for Housing under lot 8.
2. Report
2.1 As part of the Council’s statutory requirements to provide disabled adaptations under the DFG process, it is often called upon to supply stairlifts or similar types of mechanical aid that provides this type of access assistance.
2.2 In 2010, Officers investigated the opportunities available through procuring such equipment through a procurement framework. It was hoped that through these, an economy of scale could be achieved to reduce costs.
2.3 The format selected as offering the most effective arrangement at that time was the Central Buying Consortium (CBC), which is claimed to be one of the largest local authority purchasing consortiums in the United Kingdom. Since its adoption, the Council has enjoyed significantly better rates than it previously experienced for the same products. In the initial review it was estimated that a 20% reduction could be achieved through using the CBC proposal. The actual savings have been difficult to ascertain due to the number of variances that can exist within the specific design requirements of the stairlifts that are specified to meet the user’s individual needs. However, it is clear there has been benefit, both in financial terms and in the level of service that had been offered in the past.
2.4 The tender presently being used has expired and no alternative has been offered. Officers were therefore required to seek an alternative arrangement which was found through the Procurement for Housings ‘Materials and Associated Managed Services’ framework as part of Lot 8.
The contract and arrangement
2.5 As implied within the title, the Framework Agreement has been tendered to cover a wide variety of supplies and services, with the supply of disabled adaptations requiring the installation of stairlifts being one of them. The tender affords ‘Members’ access to the tendered rates if a call off for the Contractor considered the most economically advantageous is used. In this instance the Contractor would be Stannah Lifts and the Council can be ‘Members’ without any form of fee or payment being made.
2.6 The framework requires no defined minimum quantity, or commitment to enable the Council access to the arrangement, which suits this demand led service. The agreement provides for the purchasing organisations (the Council) to enter into their own arrangement and take the benefit of the services being offered over a contract term they choose to define.
2.7 The values of these works are difficult to ascertain as they are purely demand driven. Based on historical information and trends, we are estimating that a contract over a 4 year term will be valued at approximately £120,000. - 28 -
Proposal
2.8 It is proposed that we use the framework to commission business from Stannah Stairlifts on an ad hoc basis, against the fixed published tendered prices for the contract term of 4 years.
2.9 The proposal allows for Runnymede to continue its long term relationship with Stannah, a recognised market leader in this area of our business and to provide a high quality product and service to our clients and end users. 2.10 The arrangement will also enable the Council the option to continue with its recycling arrangement which it presently benefits from. This is where the supplier (Stannah) restocks its own equipment for the purpose of recycling them back into use at further discounted rates to the Council. These rates are dependent on the re-commissioning costs associated to the process, but are often below the fixed supply costs within the tendered process. Due to the fact the actual ‘use time’ of these products are often not as great as their natural life, this offers a significant opportunity and benefit.
2.11 Whilst the actual financial benefits are difficult to forecast, due to the number of variances in any stairlift installation, it is still predicted that the purchasing levels will be below the cost levels experienced through the present CBC arrangement.
2.12 The arrangement also allows for cost certainty going forward and it is expected that there would be further benefits brought forward by the supplier, in either financial terms or in the level of service offered, during the contract term.
3. Financial Considerations
3.1 The Housing Maintenance budget within the HRA includes an annual provision for Adaptations to our Housing stock. This budget is largely demand led and due to the need to carry out several large property extensions in the coming year the budget for 2018/19 as approved by this Committee in January is £410,000.
3.2 As already mentioned it is estimated that we spend around £30,000 a year on stairlifts when adapting our properties, and this will be met from the overall adaptations budget.
3.3 Any costs on non-Council properties in respect of DFG’s will be met from the government funded DFG allocation.
4. Legal implications
4.1 The Council’s value of the proposal for the above is below the values associated to the requirements set out within the Public Contract Directive. However, the framework has been procured to be fully Ojeu compliant by Procurement for Housing.
4.2 In accordance with the Standing Orders for Contracts, item 2.4 (a), Officers are required to ensure that contracts where the value is expected to exceed £100,000 are authorised by the relevant committee before the procurement process has been awarded and through this report this obligation has been met.
5. Equality implications
5.1 There are no negative equality implications directly attributed to the proposal. The requirements of meeting the expectations imposed upon the Council through its Statutory Duty to deliver the Disabled Facilities Grant should be noted.
5.2 The proposals have positive implications for people with the protected characteristics of age and disability. - 29 -
6. Conclusions
6.1 The CBC has expired and the Housing Framework is proposed to replace it for the reasons set out in this report.
(To resolve)
Background papers None.
13. EXCLUSION OF PUBLIC AND PRESS
OFFICERS' RECOMMENDATION that –
the press and public be excluded from the meeting during discussion of the following reports under Section 100A(4) of the Local Government Act 1972 on the grounds that the reports in question would be likely to involve disclosure of exempt information of the description specified in paragraphs 1 and 3 of Part I of Schedule 12A of the Act.
(To resolve)
PART II
Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection. a) Exempt Information Paras
14. HOUSING MAINTENANCE RESTRUCTURE 1 and 3
15. FARM CLOSE CONTRACT 1 and 3 b) Confidential Information
(No reports to be considered under this heading)
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mede m RunnBOROUGH COUNCIL ^ Housing Committee ^
Wednesday 14 March 2018
Appendices
Appendix Report Page no.
A Housing and Planning Act 2016 – 2 Introduction of Civil Penalties, Rent Repayment Orders and Banning Orders and Changes to Mandatory Licensing of Houses in Multiple Occupation – Civil Penalty Notice Matrix, Policy and Guidance
B Housing Business Centre Plan 8 2018/2019
1 Appendix 'A'
Civil Penalty Matrix
Factors Score = 5 Score = 10 Score = 15 Total
1 Deterrence & High confidence Medium Low confidence Prevention that a financial confidence that a that a financial penalty will deter financial penalty penalty will deter repeat offending. will deter repeat repeat offending. Publicity not offending. Some Mass publicity will required as a publicity will be be required as a deterrence. required as a deterrence in the deterrence in the landlord landlord community. community.
2 Removal of No significant Small Portfolio Financial assets and low landlord/agent landlord/agent Incentive financial profit managing up to 5 running over 5 made by offender. properties and/or rental properties. some rental income retained.
3-Offence & No previous history More than one Multiple and/or History and single low recent offence continuous serious offence. and/or moderate offences. level offence(s).
4- Harm to Low potential harm Moderate potential High level of tenants – to tenants and harm to tenants potential harm to DOUBLE single household and/or small HMO occupants, WEIGHTING dwelling. with up to 5 continuous impact tenants. and/or large HMO with more than 5 occupants
Cumulative Total
Only one option must be scored for each row with supporting reasons recorded separately. Each row must be scored. Each calculated score shall be justified via evidence prepared to a prosecution case standard. The scoring matrix will result in a minimum of £300 and a maximum of £30,000 in penalties (see table below). Full payment within 28 days of the ‘Notice of Intention’ shall attract a 20% discount to the overall penalty charge.
2
Penalty Charge Score
25 £300
30 £500
35 £750
40 £1,000
45 £2,500
50 £5,000
55 £10,000
60 £15,000
65 £20,000
70 £25,000
75 £30,000
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Policy and Guidance on Determining the Level of the Civil Penalties
1. Purpose of the Civil Penalties Policy
1.1 Local housing authorities have the power to impose civil penalties of up to £30,000 on individuals and organisations (for certain specified offences under the Housing Act 2004) as an alternative to prosecution.
1.2 The purpose of this Policy is to describe how Runnymede Borough Council (the Council) will use its new powers, how it will decide when to prosecute and when to impose a civil penalty, and how it will determine the size of each civil penalty.
1.3 The Policy is designed to ensure transparency, consistency and fairness in how and when civil penalties are imposed.
2. Financial Matrices for Civil Penalties
Factors taken into account when deciding the level of civil penalty
2.1 Generally, the maximum civil penalties will be reserved for the very worst offenders. The actual amount levied in any particular case will reflect the severity of the offence and take account of the landlord’s previous record of compliance.
2.2 In order to ensure that the civil penalty is set at an appropriate level, The Secretary of State has issued statutory guidance on what a Council should take into account when determining the level of any final penalty. The issues to consider are:
The severity of the offence
The more serious the offence, the higher the civil penalty should be.
The culpability and track record of the offender
A higher penalty will be appropriate where the offender has a history of failing to comply with their obligations and/or their actions were deliberate and/or they knew, or ought to have known, that they were in breach of their legal responsibilities. Landlords are running a business and should be expected to be aware of their legal obligations.
The harm caused to the tenant
This is a very important factor when determining the level of penalty. The greater the harm or the potential for harm (this may be as perceived by the tenant), the higher the amount should be when the local housing authority imposes a civil penalty.
The punishment of the offender
A civil penalty should not be regarded as an easy or lesser option compared to prosecution. While the penalty should be proportionate and reflect both the severity of the offence and whether there is a pattern of previous offending, it is important that it is set at a high enough level to help ensure
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that it has a real economic impact on the offender and demonstrates the consequences of not complying with their responsibilities.
Whether it will deter the offender from repeating the offence
The ultimate goal is to prevent any further offending and help ensure that the landlord fully complies with all of their legal responsibilities in future. The level of the penalty should therefore be set at a high enough level such that it is likely to deter the offender from repeating the offence.
Whether it will deter others from committing the offence
While the fact that someone has received a civil penalty will not be in the public domain, it is possible that other landlords in the local area will become aware through informal channels when someone has received a civil penalty. An important part of deterrence is the realisation that (a) the local housing authority is proactive in levying civil penalties where the need to do so exists and (b) that the level of civil penalty will be set at a high enough level to both punish the offender and deter repeat offending.
Whether it will remove any financial benefit the offender may have obtained as a result of committing the offence
The guiding principle here should be to ensure that the offender does not benefit as a result of committing an offence, i.e. it should not be cheaper to offend than to ensure a property is well maintained and properly managed.
2.3 The final factor is an overarching one and, after all the other factors have been considered and applied, the Council will need to ensure that the civil penalty that is set removes the financial benefit that has been gained from committing the offence.
2.4 When setting a civil penalty, the Council will also take into account the cost of investigating the offence(s) and preparing the case for formal action, together with any costs that it incurs in defending its decision at the First-tier Tribunal.
2.5 The Civil Penalty Matrix aims to incorporate the above factors and will require supporting reasons recorded separately.
3. Financial means to pay a civil penalty
3.1 In setting a financial penalty, the Council may conclude that the offender is able to pay any financial penalty imposed, unless the offender has supplied suitable and sufficient financial information to the contrary.
3.2 It is for the offender to disclose to the Council such data relevant to his financial position as will enable the Council to assess what s/he can reasonably afford to pay.
4. Housing offences covered by civil penalties
4.1 The power given to local authorities to impose a civil penalty as an alternative to prosecution for certain specified housing offences was introduced by section 126 and Schedule 9 of the Housing and Planning Act 2016.
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4.2 Civil penalties are intended to be used against landlords who are in breach of one or more of the sections of the Housing Act 2004 listed below:
• Section 30 – Failure to comply with an Improvement Notice
• Section 72 – Offences in relation to licensing of Houses in Multiple Occupation
• Section 95 – Offences in relation to licensing of houses under Part 3 of the Act
• Section 139 – Offences of contravention of an overcrowding notice
• Section 234 – Failure to comply with management regulations in respect of Houses in Multiple Occupation
5. Process for imposing penalty charges
5.1 Where it has been determined that a financial penalty may be appropriate to impose as an alternative to prosecution, the Council will follow the following process.
5.2 A “Notice of Intent” shall be served on the person suspected of committing the offence. The Notice shall specify:
a. The amount of any proposed financial penalty b. The reasons for proposing the financial penalty c. Information about the right to make representation to the Council.
5.3 The person to which the notice relates will be given 28 days to make written representation to the Council about the proposal to impose a financial penalty. The representation may be via any legible written format to the Environmental Health and Licensing Manager.
5.4 Following the 28 day period the Council will decide:
a. Whether to impose a financial penalty on the person, and b. The value of any such penalty imposed.
5.5 If the Council decides to impose a financial penalty, a final notice shall be issued imposing that penalty. The final notice will specify:
a. the amount of the financial penalty, b. the reasons for imposing the penalty, c. information about how to pay the penalty, d. the period for payment of the penalty, e. information about rights of appeal to the First tier Tribunal, and f. the consequences of failure to comply with the notice.
6. Consequences of non-compliance and miscellaneous provisions
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6.1 If, after any appeal has been finally determined or withdrawn, a person receiving a financial penalty does not pay all or part of the penalty charge, the Council will recover the penalty by order from a County Court. Where appropriate, the Council will also seek to recover the costs incurred in taking this action from the person to which the financial penalty relates.
6.2 Financial Penalties are an alternative to criminal proceedings and as such if a penalty is imposed, no criminal proceedings can be initiated for the same offence.
6.3 The Council may, at any time:
a. Withdraw a notice of intent or final notice b. reduce the amount specified in a notice of intent or final notice Where the Council decides to take either action, it will write to the person to whom the notice was given.
6.4 Where a person has received two financial penalties under this legislation in any 12 month period, irrespective of the locality to which the offences were committed, the Council will consider making an entry on the national database of rogue landlords and property agents. When considering making an entry, the Council will have regard to any guidance issued by the Secretary of State
7 Appendix 'B'
Housing Business Centre Plan
2018/2019
Version control Author: Jane Margetts Date: March 2018 Version No: Status: Draft
Qunnymede ^V^OROUGFTCOUNCIL 8
Contents
Content Page Section 1: Housing Business Centre structure 3 Section 2: Housing Business Centre overview 4 Section 3: Key drivers/influences for the Business Centre/Team 9 Section 4: Team objectives and delivery tables 10 Section 5: Housing Business Centre projects 19 Section 6: Housing Business Centre anticipated growth 20 Section 7: Housing Business Centre performance indicators 21 Section 8: Summary of the Housing Business Centre’s contribution to Corporate Business Plan 22 Section 9: Housing Business Centre risk management 24
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Section 1: Housing Business Centre structure
Director of Housing and Community Development Jane Margetts
Head of Housing
Maggie Ward BUSINESS DEVELOPMENT & POLICY
Business Development & Policy Officer
HOUSING NEEDS SECTION MAINTENANCE TENANCY MANAGEMENT Vacancy
Strategic Housing Manager Technical Services Manager Housing Services Manager
Joan Stephens Andrew Davidson Amanda Kendall
Business development and partnership working
Housing Solutions Rent Collection Prevention and advice Reactive repairs Tenancy Management Tenancy sustainment Tenancy sustainment oom oooo Service Improvement
New developments and Data Management & Temporary Accommodation acquisitions Co-ordination
Policy and performance
Allocations Home Improvement Agency Anti-Social Behaviour
Property Cyclical and oooooo Preventative maintenance Resident Involvement
Major works Magna Carta Lettings
rrmm Committees:
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Housing, Property Sub Committee, Corporate Management Committee, Environmental Services
Section 2: Housing Business Centre overview
The primary purpose of the Housing Business Centre is to provide a comprehensive housing service incorporating:
the management, maintenance and allocation of council owned stock housing advice discharge of the Council’s statutory duty under homelessness legislation disabled facilities grants encouraging and enabling the provision of new affordable housing Magna Carta Lettings, our in-house agency to incentivise landlords to offer tenancies at affordable (LHA) rent.
Housing Solutions Service
Main purpose
To be compliant with relevant legislation and statutory guidance to ensure the Council delivers a focused Housing Solutions Service in order to carry out its statutory duties.
To work to prevent homelessness, and to take reasonable steps to prevent and relieve homelessness for all eligible applicants.
To ensure that all applicants seeking housing advice receive tailored housing solutions aligned with relevant legal frameworks such as the Allocations Scheme and the Homelessness Strategy.
Key functions
Administration of the online Housing Register and allocation of social housing under the Housing Act 1996 Part VI within the Council stock, plus nominations to Registered Providers
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Homelessness and Housing Advice provision duties compliant with legislation Personalised Housing Plans Management of temporary and interim accommodation Homeless prevention and tenancy sustainment Assessment of Help to Buy shared ownership applications Liaison with and referrals to supported housing providers Surrey wide protocols for vulnerable groups Promote the option of affordable housing within the Private Rented Sector Attendance at various fora e.g. MARAC (Multi-Agency Risk Assessment Conference) and MAPPA (Multi Agency Public Protection Arrangements) as part of the holistic approach to supporting victims Attendance at strategic County groups e.g. NW Surrey Domestic Abuse Forum, Strategic Housing Group for Young People, Strategic MAPPA representative for Surrey LAs Partnership working with SCC in respect of Looked After Children and the County protocol for accommodation and move on Carry out reviews of homelessness decisions in line with the Homelessness Reduction Act 2017 (HoRA) and decisions relating to suitability of accommodation under the Housing Act 1996.
Tenancy Management
Main purpose
To collect rent and arrears for each of the Housing Revenue Account (HRA) homes and General Fund garages; to support the Council’s tenants in sustaining their tenancies and to take proportionate action when tenancy obligations are breached; operate Magna Carta Lettings in order to provide opportunities for placements within the private rent sector.
Key functions
Rent collection (current tenants) – Annual debit of nearly £17m for Council homes, DIYSO properties, leisure properties and ground rent for Heathervale Way Administering our rent recovery policy, making County Court possession applications and court advocacy Former tenant arrears collection Management of garage licences and rent collection for garages totalling over £600,000 Assessing circumstances and managing changes to tenancies e.g. requests for joint tenancies, succession etc.
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Dealing with estates issues including maintaining a schedule of estate inspections, removing abandoned vehicles, addressing overgrown gardens Responding proactively to anti-social behaviour and taking appropriate action Processing Right to Buy applications Resident Involvement, including supporting the Runnymede Council Residents Association (RCRA) and other local residents’ groups Promoting financial inclusion and provision of budgeting advice Liaison with DWP to address welfare reform and Universal Credit issues Leaseholder queries Sustainment of tenancies for vulnerable residents, including referral and liaison with partner agencies Working to promote anti-fraud activities and investigating suspected social housing fraud, including allocations, sub-letting and RTB fraud Setting up new tenancies and managing introductory and fixed term tenancies through a schedule of home visits Caretaking service Housing systems and data management Management of annual rent and service charges Developing Magna Carta Lettings, our in-house Lettings Agency.
Housing Maintenance and Technical Services
Main purpose
To manage and deliver the repair and maintenance service for nearly 3,000 Council owned and managed properties, over 1,000 garages, leasehold properties and other buildings as well as communal areas and open spaces. The team provides a comprehensive property maintenance service across all the tenure types that fall within its responsibility. This includes liaising with tenants and the technical and administration functions associated with maintaining properties including the procurement of various contracts.
Oversight of the construction of new Council homes.
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Conversion and adaptation of Council properties and co-ordination of Runnymede Care and Repair Home Improvement Agency, delivering adaptations for elderly and disabled people, specifically through Disabled Facilities Grants and the provision of grants and loans in accordance with the Council’s Private Sector Housing Renewal Strategy.
Key functions
Day to day, responsive repairs and maintenance Inspection of void properties and oversight of void works Planned and cyclical works – external decorations, communal decorations, gas servicing, electrical rewiring, etc. Major capital projects including kitchen and bathroom replacement programmes Adaptations for disabled RBC tenants; Legislative compliance – i.e. Fire Risk Assessments, Energy Performance Certificates etc. Health & Safety works e.g. fire alarms Unplanned major work e.g. fire, flooding to properties Administration of Disabled Facilities Grant programme and associated works and adaptations Delivery of major and minor works grants for private sector housing in Runnymede Development of new Council properties.
Business Development & Policy Section
Main purpose
Monitoring, developing and promoting the work of the Housing Business Centre with an emphasis on continuous improvement.
Key functions
Service Improvement Submission of regulatory returns and statistics Policies and procedures Equalities
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Business Development, creating and developing new opportunities for affordable housing Partnership working with Registered Providers and private landlords.
Key Housing Business Centre statistics
Number of properties 2942 residential properties in management including: General Needs, Independent Retirement Properties, Temporary Accommodation and Magna Carta Lettings. Rent Debit £17m residential rent will be charged April 2017 to April 2018 Rents on 1268 garages will total £678,000. Downsizing Between January 2017 and the end of December 2017, we helped 31 social tenants move to smaller accommodation. Allocations 302 properties allocated between January and December 2017: 129 nominations to local Registered Providers (Housing Associations) and 173 new lettings of RBC properties. ASB During the year 1 Notice of Seeking Possession was served, 1 Suspended Possession Order was achieved and 1 possession was achieved without the need for eviction. Homelessness applications 148 homeless applications in year since January 2017. Accepted a statutory duty for 93 homeless households during the period. Capital Programme and Planned Maintenance 2017/8 New Kitchens & Bathrooms - £1,548,000 Major works - £1,288,100 Farm Close re-provision - £772,000 Ilex / Cherrywood developments - £2,092,000. Reactive Jobs 6166 Works Orders Issued between January and December 2017. Home Improvement Agency The Agency worked on 57 major projects in private sector properties last year, with 49 of these receiving a Disabled Facilities Grant enabling vulnerable clients to remain in their own homes. Disabled Adaptations in RBC stock 63 adaptations (stairlifts, ramps, extensions and wet rooms) carried out between January and December 2017 Development programme RBC 12 new Council homes and 4 replacement raised flats for flood damaged bungalows to be completed this year. 9 new homes and progress on projects anticipated for 2019.
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Section 3: Key drivers/influences for the Business Centre/Team
Drivers and influences Internal drivers/influences Key corporate drivers/influences Key drivers/influences of Housing Business Centre strategies
The Corporate Business Plan is trying to achieve against the Business Centre Development Strategy following themes: HRA Business Plan - Supporting Local People HRA Asset Management Plan - Enhancing Our Environment Housing Strategy Statement - Improving Our Economy - Organisational Development Homelessness Strategy Corporate Key Performance Indicators. Tenancy Strategy There is a need to increase income generation to offset Temporary Accommodation Strategy growing costs and loss of government grants Allocations Scheme Private Sector Renewal Strategy
External drivers/influences Key community drivers/influences Key partner’s drivers/influences National key drivers/influences House prices and availability of affordable Government policy and legislation Government Housing Policy housing Welfare Reform Homelessness Reduction Act Housing demand House/land prices and land availability Reduction in RSG Levels of homelessness Public sector cutbacks Welfare Reform /Universal Credit Lack of affordable private rented housing Health/Social Care Transformation Planning policy Customer expectations Business Plans LHA rate Welfare Reform The Regulator of Social Housing MHCLG
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Section 4: Housing Business Centre
Team: Housing Solutions
Risk Objective Outcome(s) Completion/review date Resources reference 1) A revised Compliance with legislation Consultation complete by September Strategic Housing Manager A current Homelessness and statutory guidance 2018. strategy is a Strategy by March Housing Solutions Manager requirement 2019 Consultation with Strategy complete by March 2019 under the stakeholders Homelessness Task Group Homelessness Act 2002. Full Service focuses on implications of homeless prevention and the tenancy sustainment Homelessness Reduction Act (HoRA) remain unknown. High financial risk to General Fund. 2)Temporary TA Strategy reflects the TA Review revisited by Business Strategic Housing Manager Risk to General Accommodation requirements of the HoRA. Centre managers in light of the Fund if Strategy in place by emerging implications of the HoRA. Head of Housing Services excessive November 2018 Best use is made of RBC demand on TA stock and other initiatives to Strategy in place by November 2018 Business Development & and costs keep B&B to a minimum Policy Officer increase
Service Improvement Officer Financial/ reputational risk Housing Services Manager if TA fails to meet suitability Housing Development standards as set Partnership with RPs out in Suitability Order Landlord Forum
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3) Revised Allocations Allocations of housing Review of existing Scheme, in light of Strategic Housing Manager Allocation Scheme in place by reflect legislative HoRA changes to priority groups, by Scheme must November 2018 requirements, local needs July 2018. Housing Solutions Managers ensure the and projected supply Council meets Consultation complete by September Locata and Sector Support its current 2018. statutory duties National Practitioners Support under Part 6 & Scheme in place by November 2018 Service (NPSS) Part 7 of HA 1996; and ensure best use of stock
Team: Tenancy Management
Risk Objective Outcome(s) Completion/review date Resources reference 4) 15 additional Increase in the number of Consider options for developing MCL Private Rented Sector Risk to General properties through PRS properties to avoid the management Officer Fund if MCL by April 2019 extensive use of B&B Monitor impact of Universal Credit excessive Tenancy Manager demand on TA Ongoing review of marketing and costs campaigns. Business Development & increase Policy Officer Tweaking of management agreements to reflect good practice Housing Services Manager
Consider implementation of Locata Customer services for managing PRS properties. Safer Runnymede/Out of Hold two landlord forums during 2018 hours/on call maintenance officer. Target of 15 additional properties by April 2019 Printing/marketing costs
Budget for purchasing IT enhancements
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5) Current tenant rent Maintain rent income Weekly reviews Housing Services Manager Risk of arrears not to exceed performance increased rent 1.6% of the total rent Quarterly KPI Tenancy management staff arrears with roll by the end of the continuing financial year 2018/19 Target of 1.6% at the end of the Revenues and systems staff Welfare Reform financial year 2018/19 and move to UC Customer Services
6) A revised Tenancy Tenancy Strategy reflects Consultation complete by July 2018 Housing Services Manager RPs must have Strategy (including legislative requirements due regard to Tenancy Policy) is in and impacts of government Strategy and policy complete by Business Development & the Tenancy place by March 2019 policy on RBC and partner September 2018 Policy Officer Strategy when RPs formulating their Tenancy A robust Tenancy Strategy Policies. is in place which enables a best use of stock approach while ensuring that the Affordable Housing options provided by RBC and Registered Provider partners reflect the needs of households RBC has a statutory duty to house.
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If the Tenancy Tenancy Policy to make Strategy does best use of the stock is not reflect the refreshed in light of the Council’s above requirements the products made available through Section 106 agreements and RP developments may not assist in fulfilling the Council’s statutory duties
Team: Housing Maintenance and Technical Services
Risk Objective Outcome(s) Completion/review date Resources reference 7) Bathroom renewal Procurement of new Contract in place by May 2018 Existing resources within the Tenants may contract in place by contract Housing Maintenance and not always want May 2018 Let contracts for work by June 2018 Technical services team the improvements
8) Kitchen renewal Procurement of new Tenders by April 2018 Existing resources within the Tenants may contract in place by contract Housing Maintenance and not always want July 2018 Award tender by July 2018 Technical services team the improvements Let contracts by September 2018
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9) Relet the void and Deliver the new target re-let Compile specification by June 2018 Existing resources within the May increase demand contracts by times for empty properties Housing Maintenance and the costs of the April 2019 Tenders by August 2018 Technical services team delivery of the service Let and manage contracts by February 2019 10) New gas servicing Improved value for money Tenders by July 2018 Technical Services Manager Ensure that the contract which meets contract in place customer aspirations Increased customer Let and manage contract by January provides a high and is value for money satisfaction 2019 level of service to be procured by to our September 2018 customers at a good price
11) 100% of gas safety 100% of gas servicing is Manage contractor Existing resources within the There is a risk checks completed by undertaken Housing Maintenance and of failing to the anniversary date Quarterly performance monitoring Technical services team meet our legal All properties have gas obligations and safety certificates Liaise with tenants of reputational risk
Some tenants may not provide access, necessitating legal action 12) Maintain a 70%- Best value is achieved for Assess stock requirements. Existing resources within the Target will be 30% planned the repairs service Housing Maintenance and affected by maintenance ratio Programme as much work as Technical services team reduced possible programmes of planned Quarterly performance monitoring investment
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13) Delivery of 25 new New HRA properties are 12 properties in Englefield Green Technical Services Manager Failure to deliver properties developed for local people completed by December 2018 good quality in housing need Housing Maintenance and homes within 4 properties in Egham started on site Technical services team budget. by June 2018, completed by March 2019
9 properties in Addlestone started on site by March 2019
14) Review the HIA The services of the HIA are On-going monitoring and dialogue Head of Housing Limited by joint working pilot with appropriately utilised and external funding Woking BC by May optimised. Subject to this monitoring and the Technical Services Manager and stakeholder 2018 findings of the review, involvement recommendations will be made for future delivery of the HIA
Business Development and over-arching objectives
Risk Objective Outcome(s) Completion/review date Resources reference 15) To introduce cross Robust and comprehensive Consult with stakeholders by June Housing Services Manager Tenants fail to tenure tenancy tenancy sustainment 2018 meet their sustainment packages packages available to every Housing Solutions Manager tenancy for every household household whose tenancy Compile toolkit by September 2018 obligations whose tenancy is is under threat. Business Development & under threat Packages in use by December 2018 Policy Officer
Available to all households whose Private Rented Sector tenancy is under threat, by March Management Officer 2019
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16) A reduction in the Establish regular Monitor the impact of the change to Housing Services Manager Government will number of residents monitoring of those the full cap being applied under UC further lower the affected by the benefit households affected by the and provide support to tenants. Housing Solutions Manager benefit cap and cap benefit cap pay tenants System of regular monitoring in place Business Development & directly through Interventions result in an by June 2018 Policy Officer UC making it ongoing reduction in the extremely number of residents Regular reporting of results to start Private Rented Sector difficult to affected by the cap by July 2018 Management Officer collect rent
Tenants affected by the Tenancy Management Private sector benefit cap will maintain Officers properties may their rent payments out of not be their decreased income Sustainment and Money affordable for Advice Officer families affected by the cap Housing Solutions Team 17) Upgrade of IT We remain at least one Working group agree Action Plan by Head of Housing If the system is system version behind the latest March 2018 not upgraded Northgate release to Business Development & and is therefore ensure our system remains Soft market testing completed by Policy Officer outside the supported September 2018 contracted Revenues and Systems staff support from IT system is cost effective Recommendations to Housing Northgate there and efficient Committee by November 2018 are potential costs if there is a system problem. Consultancy/ support at £1200 per day
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18) Review the HRA A 5 year plan is published, The 5 year plan published in 2012 is Technical Services Manager Imposition of Asset Management setting out the current reviewed by December 2018 rent reduction Plan by April 2019 stock/asset positon and a Business Development Officer and possible strategic plan for the next 5 A new asset management plan is void levy by years is put in place to produced by April 2019 Head of Housing Central make best use of stock Government while maintaining the value Housing Accountant restricts the of our assets. Council’s ability to plan an effective strategy 19) Complete IRL Planned provision of older Establish IRL Project Group to review Head of Housing The traditional review by April 2019 person’s accommodation is provision of older persons IRL model may suitable for the younger accommodation by May 2018 Business Development Officer not cater to the more active cohort needs of the anticipated in the next Consultation by November 2018 Service Improvement Officer more active decade. Work with Adult elderly Social care to encourage Complete review, with Multi -disciplinary project population or provision of sufficient extra recommendations by April 2019 group those that will care living facilities to meet need extra care the needs of the borough’s less able elderly
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20) Hold a minimum of Registered Providers Ensure that through effective Head of Housing Government 3 meetings of continue to provide new negotiation and liaison the Policy continues Runnymede Housing properties within the contribution of Registered Providers Business Development Officer to move RPs Development borough with Affordable to the increase in permanent and towards Partnership within the Rent products as a priority. temporary housing within the Staff from other teams and intermediate year borough is maximised. Planning and home ownership models rather than Affordable Rented housing and this will severely impact on the increasing shortfall between demand and supply within the borough 21) Provide Members Members are provided with Monthly Members Bulletin updates Service Improvement Officer Members need with monthly Members updates, information on and other media as appropriate to be aware of Bulletin updates performance and on new pending Government legislation and Policy/impending legislation possible financial and legal consequences for the HRA.
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Section 5: Housing Business Centre projects
Project name Does Associated Outcomes (if Completi Project Risk the objectives (if there there is no PID) on date budget reference project is no PID) (if there excluding (if there have a If there are some is no fixed is no PID? outcomes which PID) costs e.g. PID/ will be delivered salaries (if separate after 18/19 then there is no risk these should be PID) register) included here but clearly identified separately. Developing online Currently materials to improve being access to Housing prepared services through digital self service Parkside/Braeside Currently Redevelopment being prepared
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Section 6: Housing Business Centre anticipated growth
Description Linked Amount requested for Business case Request approved? objective/project the financial year completed? (Not always relevant – if unsure CE to determine) Maintenance Maintenance of HRA £14,000 Yes In the MTFS. Housing Compliance Officer stock Committee 14/03/18
Voids Surveyor Maintenance of HRA £41,000 Yes In the MTFS. Housing stock Committee 14/03/18 Project Officer Delivery of HRA new £80,000 Yes In the MTFS. Housing developments Committee 14/03/18 Re grading of Maintenance of HRA £10,500 Yes In the MTFS. Housing Maintenance stock Committee 14/03/18 Inspectors
Planned Maintenance Maintenance of HRA £8,300 Yes In the MTFS. Housing Surveyor stock Committee 14/03/18
Additional Compliance with £61,320 Yes In the MTFS. Housing homelessness costs statutory duty Committee 14/03/18 including MCL Sustainment Officer and 15 additional MCL properties
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Section 7: Housing Business Centre performance indicators
Target Actual
Full Full Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 year year Current Performance Indicator (Apr- (Jul- (Oct- (Jan- (Apr- (Jul- (Oct- (Jan- Trend (Apr- (Apr- status June) Sept) Dec) Mar) June) Sept) Dec) Mar) Mar) Mar) Repairs Satisfaction survey result. “Were you satisfied with the overall service 95% 95% 95% 95% 95% received? (of total number returned). Number of formal complaints related to the Business 4 4 4 4 16 Centre/Team. Number of decisions investigated by the 2 ombudsman requiring a remedy by the Council.
Average number of days to 30 30 30 30 30 re-let dwellings
Number of households in B&B accommodation for 9 9 9 9 36 more than 2 weeks Rent arrears of current tenants as a percentage of 1.6% 1.6% 1.6% 1.6% 1.6% rent due Percentage of tenants with Annual Annual Annual Annual more than 7 weeks rent Indicator Indicator Indicator Indicator 2.6% arrears
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Section 8: Summary of the Housing Business Centre contribution to Corporate Business Plan themes
Supporting Local Enhancing Our Organisational Priority Improving Our Economy People Environment development
A revised Delivery of 25 new properties A reduction in the number of Upgrade of IT system Homelessness residents affected by the benefit Strategy Review the HIA joint working cap Review the HRA Asset pilot with Woking BC by May Management Plan by April 2019 Temporary 2018 Accommodation Hold a minimum of 3 meetings of Strategy Complete IRL review by April Runnymede Housing Development 2019 Partnership Revised Allocations Scheme Provide Members with monthly Members Bulletin updates 15 additional properties through MCL
Current tenant rent arrears not to exceed 1.6% of the total rent roll
A revised Tenancy Strategy (including Tenancy Policy)
New bathroom, kitchen, void, demand and gas contracts
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100% of gas safety checks completed by the anniversary date
Maintain a 70%-30% planned maintenance ratio Non-project objectives Introduce cross tenure tenancy sustainment packages
Parkside/Braeside Digital Self service Project name or Redevelopment project objectives
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Section 9: Housing Business Centre risk management (excluding project risks with separate PID/risk register)
Impact Probability Rating Risk Control (Post Ref Issue Consequences Probability Impact Post control (Post Owner Impact area Rating Measure(s) control measures) control) measures)
1. Housing Solutions H1.1 Homelessness Financial Financial Number of rises and B&B burden on the homeless costs escalate, General Fund acceptances with which impacts and levels of implications for on other TA closely the General Council monitored Fund services TA Strategy to ensure provision is adequate 4 4 16 Direct lets to 4 3 12 JS Homeless households New Housing Solutions Team focussed on prevention where possible.
2. Tenancy Management
H2.1 Welfare Reform Potential Financial Tenancy changes increase in rent 4 3 12 3 3 9 AK Sustainment
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especially arrears. and Financial Universal Increase in Inclusion work Credit) will homelessness Money force tenants to Drain on bad Advisor and manage their debt provision Sustainment own budgets, KPI for rent Officer with many arrears unable to do so adversely and running affected into debt H2.2 Historic Increased strain Financial Growth of behaviour from on and Magna Carta some tenants homelessness reputational Lettings, with leads to a provision. additional reduction in Increased resources landlords willing pressure on to engage with Housing to Entering into RBC and there source innovative is a reduction in alternative partnerships the number of options with with private 5 4 20 4 4 16 MW PRS potential owners to opportunities to increase in make more place costs properties households in available for private rented our nominees sector. This at LHA rents. impacts on the move on from TA.
H2.3 Rent Significant loss Financial Rent Direct Guaranteed incurred and where through Magna reputational possible and Carta Lettings management is not recovered of accounts though rent payments or 3 4 12 3 3 9 AK Protocol HB between Housing
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Solutions and MCL which documents how each household will pay the rent, with HB calculation and rent paid from moving in date where liable. 3. Maintenance and Technical Services H3.1 HRA Scheme Financial and Schemes development jeopardised , reputational undergo incurs potential feasibility tests unforeseen financial loss and proceed costs for council only after Reputational scrutiny by damage for Development failed project Group and 5 4 20 with Member 3 3 9 AD Approval. Reserves and contingency put in place; with exit route identified if necessary.
H3.2 Health and Increased risk Life and limb Annual Fire Safety to tenants Reputational Risk requirements Injury or fatality Financial Assessments relating to fire potentially Legal are risk control directly undertaken in within the attributable to 3 5 15 accordance 2 5 10 AD housing stock failure of with our Fire
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are not provision from Risk implemented Council Management and a fire with Policy and fatal necessary consequences actions occurs completed in a timely manner. Regular alarm & smoke detector checks are taking place Accurate details of vulnerable tenants in Surrey Towers and IRL are maintained H3.3 Measures to Risk to Life and limb Inspection prevent residents Reputational regime in legionella are welfare. Financial place for IRL not Potentially for Legal Schemes and implemented illness directly necessary and an attributable to 3 5 15 actions 2 4 8 AD outbreak failure of completed in a occurs. provision from timely manner Council
H3.4 All properties Failure to meet Life and limb Monthly must have an statutory Reputation monitoring of annual gas requirements. Financial the Servicing safety check, Liability for Legal and Inspection however there fatality, injury 3 5 15 contract to 2 4 8 AD are significant and damage meet statutory challenges in Compliance.
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achieving 100% Also reviewed compliance. as part of the Corporate Performance Management Framework 4. Business development and cross cutting H4.1 Reduction in Unable to repay Financial A significant bad debt rental income debt, maintain provision has been put properties and in the HRA Business invest in new Plan properties if collection rate is Significant resources not maintained at invested in mitigating level forecast in effects of welfare reform HRA Business Experienced staff in Plan 4 3 12 3 3 9 MW place Money Advisor and Sustainment Officer DHP HRA DHP fund for Council tenants to enable tenancy sustainment H4.2 Under 35s There may be a Financial New tenants to be without children number of tenants informed and prepared will only be in 2019 unable to for the reduction eligible for pay the rent on single room rate their property Review Allocations HB on social when HB is 4 3 12 policy 3 3 9 MW tenancies from reduced. Could April 2019 impact on Affordability finances/staffing assessments and increase homelessness
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H4.3 Unemployed Could see Financial Identify affected households increase in rent households and provide with children arrears, including support and financial will have a in the private management help reduction in sector leading to 5 4 20 5 3 15 MW benefits that increase in Discretionary Housing some will be homelessness Payment unable to budget for
H4.4 Housing Council is unable Financial and Strategy in Place with Development to fulfil its statutory reputational Development Group to Strategy fails to duties through proactively monitor enable the offers of suitable progress on HRA required accommodation schemes. increase in 5 4 20 3 3 9 MW Affordable Proactive work with Housing as Planning on s.106s indicated by the agreements SHMA and rising levels of homelessness H4.5 Additional Potential for large Financial, legal Focus on prevention duties as a deficit in financial and reputational work. result of the forecast HoRA, Arrangements in place specifically for for additional TA if TA result in a required. shortage of 4 4 16 4 4 16 MW provision and the cost of procuring additional units is above the income from rents. H4.6 Policies and Risk of injury / Life and limb Staff have iphones and procedures for trauma to staff Legal 3 4 12 GPS tracking system 3 4 12 MW protection of Reputational Housing’s Remote and
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staff are Reduction in staff Lone Worker Policy is in insufficient to morale place pending review of prevent a corporate guidelines member of staff Managers promote Safe being physically Working practices assaulted by a member of the Monitoring of public. Accident/Incident Reporting Forms System messages raised are on the Housing System to alert staff to potential risk from individuals. H4.7 A member of Death or injury of Life and limb Managers to receive the public is resident Reputation refresher training on killed or Financial carrying out their annual seriously Legal risk assessments of injured on each service area Housing 3 4 12 1 4 4 MW premises as a result of a Regular estate failure of inspections are also provision from undertaken the Council H4.8 Failure to act in Resource Reputation Equality Assessments accordance intensive Financial are undertaken for all with Equality Legal 2 4 8 changes of policy or 2 4 8 MW Duty. Policies and or major changes to procedures may service need changing H4.9 Loss of Key Service delivery Financial and Implement a Succession Staff and continuity reputational Planning strategy negatively 3 3 9 including training and 3 2 6 MW impacted development of staff. H4.10 Ombudsman Penalty fine Financial & Complaints monitoring in finds against reputational 3 3 9 2 2 4 MW place, robust procedures the Council and
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imposes a in operation penalty fine H4.11 Further Loss of supported Financial Partnership working with reductions in accommodation SCC on the planned funding from and housing Housing staff implementation of their SCC, for related support resources taken Accommodation with example HRS, and tenancy up with care and Care and Support Young Persons sustainment social issues Strategy and Supported services especially traditionally reprovision, for example Accommodation to people with care addressed by 5 4 20 new contact for Floating 5 2 10 MW and Aids and and support other agencies Support. Adaptations. needs. Audit of supported housing and closer liaison with providers to identify contingency/alternatives. H4.12 Changes to Low income Financial Audit of supported funding for tenants may be housing supported unable to pay the housing rent if HB is Partnership working with reduced/withdrawn providers and commissioners Supported Housing Providers Review Allocations may withdraw from 5 3 15 Policy 5 3 15 MW planned and existing schemes.
Reduced housing options for people with care and support needs.
H4.13 Disclosure of Financial Financial Compliance with personal data sanctions sanctions Council’s adopted All to someone imposed by the imposed by the 3 4 12 Information Governance 2 4 8 CLT who is not Information Information Strategy and Policy. Commissioners’ Commissioners’ entitled to that
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data e.g. via Office for failure Office for failure Ensure that staff are telephone to comply with to comply with trained to be aware not conversation or legal obligations. legal to disclose information email Loss of obligations. unless they are satisfied confidence in Loss of that person they are Council by other confidence in speaking parties in respect Council by to/communicating with is of its ability to other parties in legally entitled to that manage respect of its data. information ability to Staff to use secure properly. manage means of Adverse publicity information communicating data properly. which provides audit trail Adverse of what data has been publicity supplied and identity of person supplied with data H4.14 Loss of Council Financial Delivery of Compliance with owned device sanctions imposed services Council’s adopted containing by the Information Welfare of Information Governance personal data Commissioners’ residents Strategy and Policy. Office for failure to Financial results in disclosure of comply with legal Reputational Ensure that any devices personal data obligations. used to store personal All Loss of confidence 3 4 12 data have appropriate 2 4 8 CLT in Council by other security systems parties in respect installed to prevent of its ability to unauthorised access. manage Ensure that staff information instructed to take properly. appropriate steps to Adverse publicity prevent the loss of any such devices. H4.15 Unauthorised Financial Delivery of Compliance with sanctions imposed services access to Council’s adopted All by the Information Welfare of 3 4 12 2 4 8 Council Information Governance CLT systems which Commissioners’ residents Strategy and Policy. allows access Office for failure to Financial
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to personal comply with legal Reputational data obligations. Ensure that staff aware Loss of confidence of and comply with in Council by other Council IT policies parties in respect regarding use of of its ability to passwords and manage treatment of suspicious information emails. properly. Adverse publicity H4.16 Failure to Financial Delivery of Compliance with dispose of sanctions imposed services Council’s adopted documentation by the Information Welfare of Information Governance containing Commissioners’ residents Strategy and Policy. Office for failure to Financial personal data in a secure comply with legal Reputational Ensure that staff aware fashion results obligations. of Council procedures in disclosure of Loss of confidence for disposing of personal data in Council by other parties in respect confidential of its ability to documentation. manage
information All 3 4 12 Ensure that any 2 4 8 properly. CLT contractors employed to Adverse publicity dispose of confidential documentation are suitably qualified and have appropriate accreditations.
Ensure that any location at which documents containing personal data are stored is secure and access controlled
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Risk matrix
Certain 5 10 15 20 25 Likelihood of Severity of 5 Occurrence Impact (B) (A)
Probable 4 8 12 16 20 1 – Highly 1 – Negligible 4 unlikely to impact
happen
Possibl 3 6 9 12 15 2 – Unlikely to 2 – Only a
e happen small effect 3
Unlikely 2 4 6 8 10 3 – Possibly 3 – Noticeable 2 will happen effect LIKELIHOOD (A) Highly 1 2 3 4 5 4 – Probably 4 – Serious unlikely will happen problem with 1 significant impact Negligible Small Noticeable Serious + Critical + 5 – Certain to 5 – Critical 1 2 3 Significant Considerable happen issue and 4 5 considerable impact IMPACT (B) Green = Low risk, Amber 9 = Medium risk, Amber 10 –12 high risk, Red = High risk
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