Waverley Borough Council Council ... - Waverley Council · Cllr Maurice Byham Cllr Ian Sampson Cllr Nick Williams Cllr Brett Vorley Dear Councillor A meeting of the CORPORATE OVERVIEW

Membership of the Corporate Overview and Scrutiny Committee

Cllr Paddy Blagden Cllr Tom Martin Cllr Brian Ellis Cllr David Munro Cllr Pat Frost Cllr Elliot Nichols Cllr Richard Gates Cllr Donal O’Neill

Cllr Michael Goodridge Cllr Chris Storey Cllr Tony Gordon-Smith Cllr Simon Thornton Cllr Peter Isherwood Cllr Ross Welland Cllr Peter Martin

Co-opted Members from the Tenants’ Panel Brenda Greenslade, Chair Adrian Waller, Vice-Chair

Substitutes

Cllr Wyatt Ramsdale Cllr Jane Thomson Cllr Christiaan Hesse Cllr Jim Edwards Cllr Maurice Byham Cllr Ian Sampson Cllr Nick Williams Cllr Brett Vorley

Dear Councillor

A meeting of the CORPORATE OVERVIEW AND SCRUTINY COMMITTEE will be held as follows:-

DATE: MONDAY 23 SEPTEBER 2013

TIME: 7.00 PM

PLACE: COUNCIL CHAMBER, COUNCIL OFFICES, THE BURYS, GODALMING

Yours Sincerely MARY ORTON Chief Executive

This meeting will be webcast from the conclusion of Informal Question Time and

can be viewed by visiting http://www.waverley.gov.uk

To: All Members and Substitute Members of the Corporate

Overview and Scrutiny Committee (Other Members for Information)

When calling please ask for:

Fiona Cameron, Democratic Services Officer

Direct line: 01483 523226

Calls may be recorded for training or monitoring

E-mail: [email protected]

Date: 13 September 2013

Waverley Borough Council Council Offices, The Burys, Godalming, Surrey GU7 1HR www.waverley.gov.uk

http://www.waverley.gov.uk/

Most of our publications can be provided in alternative formats. For an audio version, large print, text only or a translated copy of this publication, plese

contact [email protected] or call 01483 523226.

NOTES FOR MEMBERS

Members are reminded that contact officers are shown at the end of each report and members are welcome to raise questions etc in advance of the meeting with the appropriate officer. The meeting will be preceded by informal public questions from 7.00 pm (for a maximum of 15 minutes). If no members of the public are present to ask questions at 7.00 pm then the Committee meeting will start immediately.

AGENDA 1. MINUTES To confirm the Minutes of the Meeting held on 24 June 2013 (to be laid on the table

half an hour before the meeting). 2. APOLOGIES FOR ABSENCE AND SUBSTITUTES To receive apologies for absence and note any substitutions. 3. DECLARATIONS OF INTERESTS To receive from Members declarations of interests in relation to any items included

on the agenda for this meeting, in accordance with Waverley’s Code of Local Government Conduct.

4. QUESTIONS BY MEMBERS OF THE PUBLIC The Chairman to respond to any questions received from members of the public of

which notice has been duly given in accordance with Procedure Rule 10.

COMMITTEE WORK PROGRAMME 5. FORWARD PROGRAMME [Page 9] To receive, for information, the forward programme of key decisions, attached as

APPENDIX A. and to identify any items which the Committee would wish to have sight of before they are considered by the Executive

Recommendation To consider whether the Committee wishes any items currently on the

Executive Forward Programme of key decisions, to be brought before it at a future meeting.

mailto:[email protected]

HOUSING 6. MINUTES OF THE CORPORATE OVERVIEW & SCRUTINY HOUSING

IMPROVEMENT SUB-COMMITTEE [Page 15] The Housing Improvement Sub-Committee met on Monday 9 September 2013. The

minutes of that meeting are attached at APPENDIX B for consideration by the Committee.

The Sub-Committee considered a number of items, including:

revised Sub-Committee Terms of Reference (attached at ANNEXE1);

Mutual Exchange Policy, which sets out current practice and tenants’ rights to mutual exchange, reasons for refusing a mutual exchange request, and the range of new tenancies availble (attached at ANNEXE 2);

Rent Arrears Policy, revised to reflect changes in staff structures, types of tenancy, and to focus on prevention of arrears, tenant support and effective repayment agreements (attached at ANNEXE 3).

and recommends to the Corporate Overview & Scrutiny Committee and the Executive that these be adopted.

Recommendation

1. That the Corporate Overview & Scrutiny Committee endorses the revised Terms of Reference for the Sub-Committee, and recommends these to the Executive for adoption.

2. That the Corporate Overview & Scrutiny Committee endorses the Mutual Exchange Policy, and Rent Arrears Policy, and recommends the policies to the Executive for adoption.

3. That the Corporate Overview & Scrutiny Committee notes the remainder of

the minutes and provides feedback to the Sub-Committee and/or passes observations to the Executive on any other items considered by the Sub-Committee.

7. HOUSES IN MULTIPLE OCCUPATION (HMO) STANDARDS [Page 47]

[Portfolio Holder for Housing Operations: Cllr Keith Webster] [Wards Affected: All]

The report at APPENDIX C introduces a new set of standards for Houses in Multiple Occupation (HMOs) for regulation of living conditions in these properties.

Recommendation

That Corporate Overview & Scrutiny Committee considers the proposed standards for HMOs set out in Annexe 1, and passes any observations it may wish to make to the Executive.

8. IMPLEMENTING INCREASED RENTS IN TEMPORARY ACCOMMODATION AND FOR BED AND BREAKFAST ACCOMMODATION [Page 63]

[Portfolio Holder for Housing Operations: Cllr Keith Webster] [Wards Affected: All]

The report at APPENDIX D sets out proposals for increasing the rents in temporary accommodation and for Bed and Breakfast, as recommended within the 2013/14 budget process.

Recommendation

That Corporate Overview & Scrutiny Committee considers the proposed increase in rents for temporary accommodation and Bed and Breakfast with effect from 1 October 2013, and passes any observations it may wish to make to the Executive.

9. OCKFORD RIDGE REGENERATION

To receive a presentation on the plans for regenerating the Ockford Ridge area of Godalming.

10. HEALTH & WELLBEING IN WAVERLEY

To receive a presentation on developing a partnership approach to addressing Health and Wellbeing in Waverley.

PERFORMANCE MANAGEMENT 11. COMPLAINTS ABOUT WAVERLEY’S SERVICES RECEVIED BY THE LOCAL

GOVERNMENT OMBUDSMAN IN 2012/13 [Page 67] [Portfolio Holder: Cllr Robert Knowles]

[Wards Affected: All] The report at APPENDIX E summarises the types of complaint made to the

Ombudsman about Waverley’s services over the past year and the eventual outcomes. It also provides information on the Ombudsman’s new approach to dealing with complaints which came into effect on 29 October 2012.

Recommendation That Corporate Overview & Scrutiny Committee notes the information in the

report and passes on any observations on the issues raised to the Executive. 12 PERFORMANCE MANAGEMENT REPORT, QUARTER 1 2013/14 (APRIL – JUNE

2013) [Page 75]

Waverley’s Performance Management Framework (PMF) contains a number of indicators that assist Members and officers in identifying current improvement priorities and progress against targets. The indicators in Waverley’s PMF are

reviewed quarterly by the Executive on an exceptions basis (only significant under or over performance is reported).

The report at APPENDIX F details performance against the indicators that fall within the remit of the Corporate Overview & Scrutiny Committee. The figures in the report relate to the first quarter of the 2013/14 financial year. The Housing performance indicators have been considered by the Housing Improvement Sub-Committee, and their observations and recommendations are included in Annexe 1 of the report.

Recommendation

That Corporate Overview & Scrutiny Committee considers the performance figures for Quarter 1 of 2013/14 and the observations and recommendations from the Housing Improvement Sub-Committee as set out in Annexe 1 and:

1) notes the Quarter 1 performance figures, attached as Annexe 1, including the observations of the Housing Improvement Sub-Committee;

2) recommends to the Executive that NI181: ‘Time taken to process Housing Benefit/Council Tax Benefit new claims and change events’ is replaced with two new Indicators, NI181a and NI181b to measure the speed of processing new claims and change events separately; and

3) makes any observations or recommendations about performance and progress towards targets to the Executive.

13. TREASURY MANAGEMENT ACTIVITY - YEAR TO DATE 2013/14 [Page 83] The purpose of the report at APPENDIX G is to advise Members of Waverley’s

Treasury Management activities to date in 2013/14. Recommendation

That Corporate Overview & Scrutiny Committee notes the investment activity and performance in 2013/14, and passes any observations it may wish to make to the Executive.

14. CORPORATE OVERVIEW & SCRUTINY COMMITTEE ANNUAL REPORT 2012/13

[Page 95]

To receive for information the report at APPENDIX H [to follow] which reports the work undertaken by the Committee during 2012/13.

Recommendation

That Corporate Overview & Scrutiny Committee notes the Annual Report for 2012/13, and submit it to Council in accordance with Article 6.03(e) of the Constitution.

15. EXCLUSION OF PRESS AND PUBLIC To consider the following recommendation on the motion of the Chairman: Recommendation That pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the

Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item(s) on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item(s), there would be disclosure to them of exempt information (as defined by Section 1001 of the Act) of the description specified in the appropriate paragraph(s) of the revised Part 1 of Schedule 12A to the Local Government Act 1972 (to be identified at the meeting).

16. ANY ISSUES TO BE CONSIDERED IN EXEMPT SESSION

To consider any matters relating to aspects of any reports on this agenda which it is felt many need to be considered in Exempt session.

For further information or assistance, please telephone

Fiona Cameron, Democratic Services Officer, on extension 3226 or 01483 523226.

Waverley Borough Council Key Decisions and Forward Programme

This Forward Programme sets out the decisions which the Executive expects to take during the next four month period and identifies those which are key decisions. A key decision is a decision to be taken by the Executive which (1) is likely to result in the local authority incurring expenditure or making savings of above £20,000 and/or (2) is significant in terms of its effects on communities living or working in an area comprising two or more wards. The Members of the Executive are:

Executive Portfolio Holder Areas of Responsibility Most Likely O and S Committee

Cllr Robert Knowles (Leader of the Council)

Corporate Strategy Corporate

Cllr Mike Band (Deputy Leader) Finance, Property, HR and Housing Delivery Corporate

Cllr Brian Adams Waste and Recycling, Environmental Health and Climate Change Community

Cllr Carole King Car Parks, Community Safety, Older Residents and Care Groups, Health and Wellbeing

Corporate/Community

Cllr Bryn Morgan Planning Community

Cllr Stephen O’Grady IT and Customer Services Corporate

Cllr Julia Potts Leisure, Sports and Culture, Young People, Waverley Training Services, Parks and Countryside and Playgrounds

Community

Cllr Stefan Reynolds Communications and Partnerships/Community Services - Grants Corporate/Community

Cllr Adam Taylor-Smith Major Projects and Economic Development Corporate

Cllr Keith Webster Housing – Operational Corporate

The agenda for each Executive meeting will be published at least 5 working days before the meeting and will be available for inspection at the Council Offices and on the Council’s Website (www.waverley.gov.uk). Whilst the majority of the Executive’s business at the meetings listed in this Plan will be open to the public and press, there will inevitably be some business to

be considered which contains confidential, commercially sensitive or personal information which will be discussed in exempt session, i.e. with the press and

public excluded. These matters are most commonly human resource decisions relating to individuals such as requests for early or flexible retirements and

property matters relating to individual transactions. These may relate to key and non-key decisions. If they are not key decisions, 28 days notice of the likely

intention to consider the item in exempt needs to be given.

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http://www.waverley.gov.uk/

This is formal notice under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that part of any

of the Executive meetings listed below may be held in private because the agenda and reports or annexes for that meeting contain exempt information under

Part 1 of Schedule 12A to the Local Government Act 1972 (as amended), and that the public interest in withholding the information outweighs the public

interest in disclosing it. Where this applies, the letter [E] will appear after the name of the topic, along with an indication of which exempt paragraph(s)

applies, most commonly:

[E1 – Information relating to any individual; E2 – Information which is likely to reveal the identity of an individual; E3 – Information relating to the financial or

business affairs of any particular person (including the authority holding that information); E5 Information in respect of which a claim to legal professional

privilege could be maintained in legal proceedings; E7 – Information relating to any action taken or to be taken in connection with the prevention, investigation

or prosecution of crime].

Please direct any enquiries about the Forward Programme to the Democratic Services Manager, Emma McQuillan, at the Council Offices on 01483 523351

or email [email protected].

Waverley Borough Council Executive Forward Programme for the period September – December 2013

EXECUTIVE MEETING

TOPIC DECISION DECISION TAKER KEY CONSULTATION (1) CONTACT OFFICER (2) EXECUTIVE PORTFOLIO HOLDER

1 October 2013 Milford Conservation Area Appraisal

To seek approval to go out to public consultation

Executive Consultation with relevant partners and agencies

(1) Colin Bannon 01483 523525

(2) Cllr Bryn Morgan [email protected] C

OM

MU

NIT

Y

1 October 2013 Car Parking Guidelines

To seek approval to the proposed parking Guidelines in relation to new development.

Executive and Council

√ Consultation with Community Overview and Scrutiny Committee

(1) Graham Parrott 01483 523472


OM

MU

NIT

Y

5 November 2013 Godalming Conservation Area Appraisal

To adopt the CAA as a material planning consideration


√ Full public consultation including key stakeholders undertaken in July/August 2013

(1) Colin Bannon 01483 523525


OM

MU

NIT

Y





EXECUTIVE MEETING


1 October 2013 Review of Particular Polling Places

To report the findings of the review and agree any changes to be made to particular polling places


Consultation with relevant partners

(1) Tracey Stanbridge 01483 523413 (2) Cllr Robert Knowles [email protected]

CO

RP

OR

AT

E

1 October 2013 Budget Management

Potential for seeking approval for budget adjustments

Executive (and possibly Council)

√ N/A (1) Paul Wenham 01483 523397 (2) Cllr Mike Band [email protected] C

OR

PO

RA

TE

1 October 2013 Housing Delivery Board [E3]

Potential to approve and adopt policies and make decisions to assist in the delivery of affordable homes in the Borough

Executive (and potentially Council)

√ Consultation with relevant partners and agencies

(1) Jane Abraham 01483 523096 (2) Cllr Mike Band [email protected]

CO

RP

OR

AT

E

1 October 2013 Housing Allocations Scheme

To receive an update following implementation of the scheme


(1) Mike Rivers 01483 523013 (2) Cllr Keith Webster [email protected] C

OR

PO

RA

TE

1 October 2013 Rent levels for Bed and Breakfast Accommodation

To agree proposed rent increases for Bed and Breakfast accommodation


(1) Mike Rivers 01483 523013 (2) Cllr Keith Webster [email protected] C

OR

PO

RA

TE






EXECUTIVE MEETING


1 October 2013 Refurbishment – Herons Leisure Centre

To receive a progress report and re-profiled capital budget for the scheme

Executive and Council (and Shottermill Trust)


(1) Kelvin Mills 01483 523432 (2) Cllr Julia Potts [email protected] C

OM

MU

NIT

Y

1 October 2013 Surrey Waste Partnership

To discuss future funding proposals



(1) Rob Anderton 01483 523411 (2) Cllr Brian Adams [email protected] C

OM

MU

NIT

Y

1 October 2013 Development of Housing Service (E1/E2)

To discuss changes to posts within the Housing Service


Consultation with relevant partners

(1) Hugh Wagstaff 01483 523 (2) Cllr Keith Webster [email protected] C

OR

PO

RA

TE

5 November 2013 Core Strategy – Outcome of Strategic Housing Market Area Assessment

To note the SHMAA and consider the future work direction of the Core Strategy


√ Consultation with Community Overview and Scrutiny Committee



OM

MU

NIT

Y

5 November 2013 Housing Delivery Board [E3]





CO

RP

OR

AT

E






EXECUTIVE MEETING


5 November 2013 Budget Management




OR

PO

RA

TE

3 December 2013 PR and Communications Strategy

To adopt a communications and PR strategy to take Waverley forward


√ Consultation with staff , key stakeholders and Corporate Overview and Scrutiny Committee

(1) Melinda Brown 01483 523204 (2) Cllr Stefan Reynolds [email protected]

CO

RP

OR

AT

E

3 December 2013 Parking Services – review of payment options

To agree the outcome of the review into payment systems in the council’s car parks


√ Consultation with the Citizens’ Panel

(1) Rob Anderton 01483 523411 (2) Cllr Carole King [email protected] C

OR

PO

RA

TE

3 December 2013 Haslemere Conservation Area Appraisal (CAA)

To seek approval to undertake public consultation

Executive Consultation with key stakeholders

(1) Colin Bannon 01483 523525


OM

MU

NIT

Y

3 December 2013 Budget Management




OR

PO

RA

TE






EXECUTIVE MEETING


3 December 2013 Housing Delivery Board [E3]





CO

RP

OR

AT

E

7 January 2014 Milford Conservation Area Appraisal



√ Full public consultation including key stakeholders

(1) Colin Bannon 01483 523525


OM

MU

NIT

Y

4 February 2014 Refurbishment – Herons Leisure Centre

Detailed designed and costed scheme proposals and options, including final revenue implications for approval.



(1) Kelvin Mills 01483 523432 (2) Cllr Julia Potts [email protected]

CO

MM

UN

ITY

4 February 2014 Core Strategy To agree proposed amendments to the Core Strategy

Executive √ Consultation with relevant partners and agencies



OM

MU

NIT

Y

1 April 2014 Haslemere Conservation Area Appraisal



√ Full public consultation including key stakeholders

(1) Colin Bannon 01483 523525


OM

MU

NIT

Y






ITEM 6 - APPENDIX B MINUTES of the MEETING

of the CORPORATE OVERVIEW & SCRUTINY HOUSING IMPROVEMENT SUB-COMMITTEE held on 9 SEPTEMBER 2013 AT 3.30PM___________

(To be read in conjunction with the Agenda for the meeting)

For Waverley Borough Council: For the Waverley Tenants’ Panel: * Cllr Michael Goodridge (Chairman) Brenda Greenslade (Vice-Chairman) * Cllr Pat Frost Phil Dean * Cllr Richard Gates * David Jackson * Cllr Tony Gordon-Smith * Christine North * Cllr Chris Storey * Adrian Waller

*Present

In attendance: Cllr Keith Webster, Portfolio Holder for Housing (Operational) Gary McFarlane, Regional Director, Mears Paul Blizzard, Partnership Manager, Mears

14. MINUTES (Agenda Item 1) The Minutes of the Meeting held on 3 June 2013 were agreed and signed. 15. APOLOGIES FOR ABSENCE (Agenda Item 2) Apologies for absence were received from Brenda Greenslade. 16. DECLARATIONS OF INTERESTS (Agenda Item 3) There were no declarations in connection with items on the agenda. COMMITTEE WORK PROGRAMME 17. REVIEW OF SUB-COMMITTEE’S TERMS OF REFERENCE (Agenda Item 5;

Appendix A) 17.1 The Sub-Committee was reminded that its terms of reference were agreed by the

Corporate O&S Committee on 25 June 2012, on the understanding that they could be reviewed in the light of experience.

17.2 The Sub-Committee considered proposed revised terms of reference, and noted

that the revisions were intended to create a clearer distinction between the focus of the Sub-Committee and the remit of the Corporate O&S Committee. Thus, the terms of reference now specifically referred to scrutiny of matters relating to the management and maintenance of the Council’s housing stock. A copy of the revised Terms of Reference is attached at ANNEXE 1.

17.3 The terms of reference also now included scope to receive reports from the Residents Scrutiny Panel, once this was established. Reference to the Sub-Committee potentially having a role in reviewing complaints from service users had been deleted, as this had been included whilst the new arrangements for referring housing complaints to the Housing Ombudsman were still being developed. The guidance around ‘responsible persons’ in this context had now been clarified, and there was no longer a potential role for the Sub-Committee.

17.4 The Sub-Committee RECOMMENDS to the CORPORATE OVERVIEW &

SCRUTINY COMMITTEE and the EXECUTIVE that the revised Terms of Reference for the Housing Improvement Sub-Committee be adopted.

18. COMMITTEE FORWARD PROGRAMME (Agenda Item 6; Appendix B) 18.1 The Sub-Committee considered the updated forward programme of items

scheduled for consideration over the remainder of 2013/14. 18.2 The Sub-Committee noted that there was a report on the new voids management

project (Project 20) on the agenda, and asked that an update on voids be included as a standing item at each meeting.

18.3 Cllr Gates noted that a comprehensive report was still outstanding on the options

for extending the installation of Solar PV Panels on Council properties, and in particular capturing all costs including management costs, staffing implications, capital outlay, overheads, risks and any benefits accruing through economies of scale. He remained concerned about whether there was adequate expertise and capacity within Waverley to deliver this project, or whether further consideration should be given to contracting out the process and taking a roof-rent.

18.4 The Head of Housing (Strategy) advised that due to the changes in the Feed In

Tariff arrangements introduced by the government in November 2011, the business case for extending the project had become more complex than in the original project. However, over the summer there had been a small number of new contracts let by Housing Associations to invest in solar PV panels, with viability based on the fall in the cost of the PV systems. A meeting had been arranged with the Sustainability and Asset Strategist at First Wessex Homes, who had recently announced a deal to install solar PV panels on 800 of their tenanted properties. A full report would be brought to the Sub-Committee in November 2013.

18.5 The Sub-Committee RESOLVED to note the forward programme, with the addition

of updates on voids management, and a report on the solar PV panels options. PERFORMANCE SCRUTINY 19. HOUSING SERVICE PERFORMANCE MANAGEMENT REPORT – 1ST QUARTER

2013/14, (APRIL – JUNE 2013) (Agenda Item 7; Appendix C) 19.1 The Sub-Committee received a report on the housing performance indicators for the

first quarter of 2013/14, and noted the continued good performance on rent collection, particularly given the current economic climate. Waverley continued to be in the top quartile of English local authorities on this performance indicator. Officers advised that when tenants fell into arrears on rent payments the Council made early

contact in order to understand their problems, offer appropriate advice and try to prevent arrears increasing to the level where legal action was required. However, if this stage was reached the Council would take action to serve a Notice Seeking Possession, and if necessary evict a tenant. It was noted that there had been one eviction due to rent arrears in the first quarter. Waverley’s Homelessness team continued to perform well in minimising the number of homelessness cases, and the number of households living in temporary accommodation.

19.2 The Sub-Committee noted that the Gas Safety Checks indicator (LHM2) had fallen

below 100% at the end of the first quarter, with 10 checks outstanding. Officers confirmed these checks had now been completed. The performance on voids continued to be a concern, and the Sub-Committee noted that a new project (Project 20) had been set up to review the entire voids management process and to ensure that procedures and IT systems in Waverley and Mears supported the process. A separate report on Project 20 was on the agenda, but it was noted that implementation of new processes would not begin until 7 October, which was the start of the third quarter.

19.3 The Sub-Committee reviewed the key performance data on tenant satisfaction

provided by Mears for responsive repairs and planned maintenance. At its meeting in June, the Sub-Committee had been concerned about the reliability of the very high level of tenant satisfaction recorded by Mears regarding the responsive repairs and planned maintenance service. The indicators continued to be very positive for the first quarter 2013/14, and Members discussed how the data was collected.

19.4 Officers reported that approximately 800 - 1,000 repairs are completed each month,

although the first quarter satisfaction data was based on only 614 returns – a response rate of 20-25%. Paul Blizzard advised that this return compared favourably with Mears’ contracts in other areas. The Sub-Committee noted that Waverley Homes and People had been used to raise awareness amongst tenants of the importance of providing feedback, and there had been no phone calls from tenants saying that they had not had an opportunity to complete a satisfaction survey after work had been carried out.

19.5 It was noted that the views of the tenants were collected by the Mears operative at

the end of each repair on a handheld electronic notepad. Members felt that older tenants may not like using the electronic notepad, which had a very small screen; and also that the survey was being completed before the tenant had time to find any snags with the work done. It was possible that leaving a pre-paid post card for the tenant to complete and return might result in more reliable feedback. However, it was accepted that many tenants would simply forget to complete the postcard, particularly if they had no complaints. It was also suggested that the electronic survey may be being completed by the operative, and given to the tenant to sign as if they are confirming that the work has been completed, rather than indicating satisfaction.

19.6 The Sub-Committee noted that officers were reviewing and developing a new set of

key performance indicators, and these would be presented at the next meeting of the Sub-Committee for consideration.

19.7 The Sub-Committee RESOLVED to note the performance for the first quarter

2013/14, and agreed that a review of the method of collecting customer satisfaction

feedback was needed to ensure that it was customer friendly and the data collected could be relied upon.

20. HOUSING SERVICE CUSTOMER FEEDBACK REPORT – QUARTER ONE

2013/14, APRIL – JUNE 2013 (Agenda Item 8; Appendix D) 20.1 The Sub-Committee received a report on customer feedback received by the

Housing Service in the first quarter, the actions taken and lessons learnt from complaints. The Sub-Committee was pleased to see the compliments that had been received from satisfied tenants. Although the number of complaints received about the planned maintenance and responsive repairs service had increased slightly in the 1st quarter of 2013/14 (to 98) compared to the 4th quarter 2012/13 (75), the number was still acceptable compared to the 2nd quarter of 2012/13, when 541 complaints had been received.

20.2 Most of the complaints related to responsive repairs, and most had been resolved at

Level One of Waverley’s complaints process. Four cases had been escalated to Level Three (Chief Executive Enquiry) but there had been no initial enquiries to the Ombudsman. The Sub-Committee noted the range of issues about which complaints were received, and that further work was needed to explore those categorised as ‘other’ in order that important information was not lost.

20.3 The Sub-Committee noted that a serious complaint regarding asbestos had been

received. Thorough investigations had been made and compensation agreed with the tenant, who had also informed the local press which raised awareness of the case and our complaints procedure. Due to the severity of the case the Health and Safety Executive had investigated the complaint and served an Improvement Notice on the Council with a Schedule of Actions. Good progress had been made in the implementation of new actions and processes to respond to the Improvement Notice and prevent further issues arising, and Waverley’s Corporate Management Team monitored progress closely.

20.4 The Sub-Committee noted the fall in the number of complaints closed within the

Council’s 10-day target. Officers explained that this did not mean that complaints were not closed, or ignored, but that the investigation was not completed in time to provide a full response within 10 days. While every effort was made to complete investigations within 10 days, sometimes the collation of information from different sources caused a delay. All complaints were acknowledged in the first place, and if there were delays in providing a full response, the complainant was kept updated on progress.

20.5 The Sub-Committee discussed issues around the distinction between complaints

and requests for service; and also identified that not all complaints received by the Housing Service were about the Housing Service, for example a complaint might be made about a neighbour’s untidy garden, or noisy neighbours, even if they were not tenants.

20.6 The Sub-Committee RESOLVED to note the number and range of complaints and

compliments, and the lessons learned.

21. ANTI SOCIAL BEHAVIOUR REPORT (Agenda Item 9; Appendix E) 21.1 The Sub-Committee considered a report on the scale and type of anti social

behaviour reported to the Council, and the actions taken and case resolution. The report followed the Council’s endorsement of a revised Anti Social Behaviour Policy which had been updated to address issues raised in the STAR satisfaction survey and the new staffing structure.

21.2 The STAR satisfaction survey had highlighted that only a small number of tenants

had experienced anti social behaviour, but there were some concerns about the reporting process and final outcomes of complaints. In the first quarter of 2013/14 (April – June) the Tenancy & Estates Team had dealt with 49 anti social behaviour cases, of which 34 related to noise nuisance. Half of the anti social behaviour cases reported were in the Farnham area.

21.3 As a significant number of anti social behaviour reports related to noise nuisance,

the Tenancy & Estates Officers worked closely with Environmental Health Officers, who visited complainants and advised on how to keep a record of noise nuisance to support their complaint. In cases where there was evidence of significant noise nuisance, electronic monitoring equipment was available to make noise recordings to support robust action.

21.4 The Sub-Committee noted that the level of anti social behaviour reported to the

Housing Service was very low, and many cases were routine and related to noise. However, there were also a small number of more complex and time consuming cases which involved thorough investigation, seeking external advice and assistance, providing support to improve behaviour, and as a last resort preparing to take possession proceedings.

21.5 The Sub-Committee RESOLVED to note the number of cases, range of issues

involved and actions taken regarding anti social behaviour. 22. VOIDS MANAGEMENT: PROJECT 20 (Agenda Item 10; Appendix F) 22.1 The Sub-Committee received a report on ‘Project 20’. The Head of Housing

(Operations) reminded Members that the Council’s performance on timely re-letting of void properties had deteriorated in Quarter 1 of 2012/13 (April - June 2012) and had not recovered, despite an internal review and additional resources from the contractor. In order to make the necessary step change in performance needed, independent consultants, Navigation Partners, had been appointed to run a 10-week project to develop new processes for the period between the Council receiving notice of termination of a tenancy and new tenants taking possession of the property. Project 20 referred to the objective of bringing the average time taken to re-let a property to 20 days for ‘normal’ voids where no major structural works needed to be undertaken while the property was vacant.

22.2 Key elements of the revised voids management process were: making better use of

the 4-week notice period which tenants had to give to terminate their tenancy, to visit the property and check its condition and assessing what work needed to be carried out; aligning processes, IT systems and procedures to ensure they worked effectively together; clarifying team roles and responsibilities in the process; and

providing training for all team members on the new processes, and ensuring processes were fully documented.

22.3 The Sub-Committee noted that the project was progressing well, and staff had

responded well to the approach and input of the consultants. The target implementation date for the new processes and procedures was 7 October, and it was proposed that voids arising after this date would be measured separately to the existing backlog, in order that the effectiveness of the new approach could be clearly monitored. Work would continue on the backlog of void properties to make them available to re-let as soon as possible, and these would be monitored separately.

22.4 The Sub-Committee was pleased to see the fresh approach that had been taken to

this long-standing concern, and the commitment to resolving the issue of managing void properties effectively and efficiently. The Sub-Committee asked for a detailed breakdown of the number of void properties in progress as at 7 October for the November meeting, along with an action plan for clearing the backlog of void properties.

22.5 The Sub-Committee RESOLVED to note the report. 23. ‘EASY MOVE’ – WAVERLEY BOROUGH COUNCIL’S UNDER OCCUPATION

SCHEME (Agenda Item 11; Appendix G) 23.1 The Sub-Committee received a report on a new initiative to address under

occupation in Waverley’s housing stock, and encourage tenants to downsize into a smaller property, which would be piloted for 12 months from January 2014.

23.2 Officers explained that it was estimated that approximately 40% of Waverley’s

housing stock was under occupied, based on data collected about Waverley tenants in receipt of Council Tax Single Persons Discount and Housing Benefit, and Census data. Encouraging tenants who were under occupying to downsize would release much needed family homes and help alleviate overcrowding, and in some cases help prevent rent arrears. A high proportion of under occupiers were likely to be over-60 years old (estimated to be 69%) and faced with balancing the increasing burden of upkeep on a large property with the upheaval and expense of moving home.

23.3 The Council’s Allocation Scheme offered priority and cash incentives to tenants

willing to downsize, although it appeared that the cash incentive alone was not sufficient to encourage tenants to apply to go on the Housing Register to move to a smaller property. The Housing Service had begun to take a more proactive approach to promoting opportunities to downsize, and held a successful Home Exchange Event in July 2013 which was attended by over 75 tenants wishing to swap their homes.

23.4 The ‘Easy Move’ Scheme being developed aimed to address the barriers to

downsizing by offering a comprehensive ‘support to move’ package, including practical support, help in finding a new home to bid for or swap to, as well as a cash grant to off-set the costs of moving. Given the importance of good housing to individuals’ health and wellbeing, an application was being submitted to the Waverley’s Personalisation, Prevention and Partnership (PPP) Funding Board to

secure funding for an ‘Easy Move’ case-worker. The PPP Fund was a grant from Surrey County Council to fund projects and interventions that supported their Adult Social Care Strategy, particularly services that helped older residents remain living independently in their own home. By helping older tenants to downsize into smaller, more manageable properties, there would be positive benefits to their health and wellbeing, e.g. more able to maintain the home and garden, smaller property to keep heated in winter, lower financial commitment in rent and council tax, etc.

23.5 There was provision in the HRA budget to fund approximately 35 assisted moves,

and the target for the pilot year was to achieve moves for 30-35 households, 10 of working age and 20 of state-pension age. These targets reflected the experience of other local authorities that had implemented similar support schemes. There had already been 12 expressions of interest.

23.6 Members questioned whether the expected level of cases warranted a full-time

member of staff, and officers explained that the case-worker would also be responsible for actively promoting the scheme, including approaching known under-occupiers in larger properties. There was also potential to explore expanding the scheme to include private home-owners who were under-occupying, and who faced similar barriers to moving home.

23.5 The Sub-Committee RESOLVED to note the report on the proposed ‘Easy Move’

Scheme, and commended the initiative being taken to address under occupation of Waverley’s Council houses. It was noted that a progress report on outcomes from the first 6 months of implementation would be submitted in due course.

POLICY REVIEW 24. MUTUAL EXCHANGE POLICY REVIEW (Agenda Item 12; Appendix H) 24.1 The Sub-Committee considered a draft Mutual Exchange Policy which confirmed

current practice and clarified tenants’ rights to mutual exchange, stated the reasons for refusing a mutual exchange request, and included the range of new tenancies available in social housing. A copy of the Policy is attached at ANNEXE 2.

24.2 The Sub-Committee noted that in 2012/13, the Council had facilitated 49 mutual

exchanges, resulting in 100 tenants moving (due to a number of 3-way exchanges), compared with 70 Council tenants transferring via the Housing Needs Register. The Council was a member of HomeSwapper, a national home swap service, and encouraged tenants with a housing need to register with HomeSwapper as well as the Council’s Housing Register to increase their chances of securing a suitable move.

24.3 Given the shortage of affordable homes in the Borough, a mutual exchange was

often the best way for many tenants to move home. By having a clear policy on the promoting mutual exchanges, being a member of HomeSwapper, and new initiatives such as ‘EasyMove’ and holding Home Exchange Events, the Council proactively assisted tenant mobility and choice


SCRUTINY COMMITTEE and the EXECUTIVE that the Mutual Exchange Policy be adopted.

25. RENT ARREARS POLICY (Agenda Item 13; Appendix I) 25.1 The Sub-Committee considered a revised Rent Arrears Policy and noted that it had

been amended to reflect changes in staff structure and types of tenancy, and focused on prevention of arrears, tenant support and effective repayment agreements. A copy of the policy is attached as ANNEXE 3.

25.2 The Rent Accounts Team had an excellent track record of collecting rent, and the

Policy supported this performance by identifying a commitment to rent collection, a range of preventative measures to avoid rent arrear, and a clear process to address recovery of rent arrears.

25.3 The Sub-Committee asked about the approach to writing off rent arrears that could

not be collected, and was concerned that a pragmatic approach was taken, i.e. the Council did not spend more on the collection process than could actually be collected. It was noted that there was a provision in the budget to write-off bad debts, and this was reviewed each year after considering the aged profile of arrears.


SCRUTINY COMMITTEE and the EXECUTIVE that the Rent Arrears Policy be adopted.

There being no matters needing to be dealt with in exempt, the Chairman declared the meeting closed at 4.50 p.m.

Chairman

ANNEXE 1

WAVERLEY BOROUGH COUNCIL

CORPORATE OVERVIEW & SCRUTINY

HOUSING IMPROVEMENT SUB-COMMITTEE

9 SEPTEMBER 2013

DRAFT REVISED TERMS OF REFERENCE

(A) TERMS OF REFERENCE

(a) To meet at least five times per year on dates to be mutually agreed by the Chairman and Vice-Chairman.

(b) To scrutinise all matters relating to the management and maintenance of the

Council’s housing stock. . (c) To receive and consider proposals to improve the services to tenants and ensure

the regulatory tenant standards are met. (d) To advise the Corporate Overview & Scrutiny Committee on proposals which have

policy implications, so that the Committee can, if appropriate, report on to the Executive.

(e) To give considered opinions on options for the future of the housing service as and

when they arise and to pass those views on to the Corporate Overview and Scrutiny Committee.

(f) To review performance information regarding the mananagement and maintenance

of the Council’s housing stock and make recommendations for improvement. (g) To receive report from the Residents Scrutiny Panel (once established) and give

considered opinions on their recommendations. To pass those views on to the Corporate Overview & Scrutiny Committee.

(B) MEMBERSHIP

The Corporate Overview & Scrutiny Committee will be able to appoint five of its members to the Housing Improvement Sub-Committee. The Waverley Tenants Panel will be able to nominate five members for co-option to the Sub-Committee as non-voting members but who will be fully involved in the discussion and reaching any conclusions on matters discussed. They can request that matters of concern to them be placed on the agenda and discussed at the Sub-Committee.

( C) CHAIRING

The Sub-Committee will be chaired by a Council member and the Vice-Chairman will be a Tenants’ Panel representative, and both Chairman and Vice-Chairman will be fully involved in Chairman’s briefings for the Sub-Committee.

1

Mutual Exchange Policy Introduction

Waverley Borough Council (the Council) promotes mutual exchanges to enable tenant mobility, tenant choice and sustainable communities through the best use of housing stock. The Council will assist tenants to move by way of exchanges wherever possible and encourage tenants to register for exchanges with Homeswapper, other Registered Providers (RPs) or Local Authorities. The Council abides by the statutory requirements relating to exchanges included within the Housing Acts and Localism Act. Objectives

The key objectives of the Mutual Exchange Policy are:

To promote mutual exchanges and encourage tenants who want to move to seek a mutual exchange

To make application forms, advice and assistance easily available to tenants requesting a mutual exchange

To be a member of the national tenant mobility scheme

To respond promptly to all mutual exchange applications (within 28 days)

To ensure mutual exchanges are carried out legally by way of assignment or by deed of surrender and granting a new tenancy according to the relevant housing or Localism Act 2011.

To reinforce the express terms of the tenancy agreement relating to the right to exchange properties

To not unreasonably refuse a mutual exchange application.

ANNEXE 2

2

To provide incoming tenants with an up to date copy of Gas and Electric safety certificates (where applicable)

Policy

All Waverley Borough Council tenants with secure or flexible (secure) tenancy agreements have the right to exchange their property. All Registered Provider tenants with assured or 'fixed-term' assured shorthold tenancy for more than two years, will also have the option to apply for an exchange. A mutual exchange for a secure or an assured tenancy takes place by way of deed of assignment. No new tenancy is created and each tenant takes on their exchange partner’s tenancy. A mutual exchange for a flexible or fixed-term tenant for more than two years under the Localism Act 2011 takes place by way of deed of surrender and granting a new tenancy. The assured or secure tenant will retain their status at the new dwelling they exchange into. The status of the 'fixed-term' or ‘flexible’ tenant is not protected by law however. The new tenancy given to the fixed term or flexible tenant by their new landlord is at the discretion of the new landlord. The Council’s introductory tenants cannot exchange until they have lived in their property for more than 12 months and their introductory tenancy has been converted into a flexible (secure) tenancy. If it is felt that an exchange involving an introductory tenancy would be strongly in the interests of Waverley Borough Council, the Head of Housing Operations has discretion to give permission to move the exchanging parties by simultaneous transfer. References for both parties to the exchange will be considered prior to granting permission to assign. In considering references, particular attention will be given to the size and type of home, issues of rent arrears, anti-social behaviour and breach of tenancy conditions.

If a Council tenant requests a mutual exchange with a tenant on a rural exception site (affordable housing for occupation by local people) they must have a local connection to the parish which, is defined in S106 agreement as part of the planning process, before the development is built. The Housing Association managing the properties has the responsibility for ensuring that the incoming tenant(s) meet the local connection criteria.

3

Reasonable Refusal Requests for mutual exchanges for secure and assured tenants may only be reasonably refused on the 9 specified grounds contained in section 91 Housing Act 1985 Schedule 3. Grounds include if the landlord have a possession order or injunction against the tenant, if the property is substantially larger or smaller than required or has adaptations that are not required. See Annexe One for full details. If a ground for refusal does not apply, consent can be given but subject to a condition – see conditional consent below. Requests for mutual exchanges where one party has a flexible (secure) tenancy or a fixed term tenancy may only be reasonably refused on the specified grounds contained in Schedule 14 of the Localism Act 2011. The Localism Act does not allow for any conditions to be imposed to consent. However rent arrears, damage to property or anti-social behaviour/breach of tenancy, are grounds for refusal. If rent arrears exist, the request for a mutual exchange can be refused on the basis of the ground in Schedule 14 of the Localism Act 2011 see Annexe Two for full details. Written authorisation must be given by both landlords before approval can be given to the exchanging tenants. Note: consent is deemed to have been given if a notice is not served on the tenants withholding consent and specifying the prescribed reasons within 42 days (six weeks) of receipt of the original application. Conditional Consent

The Council can apply conditions before a mutual exchange can go ahead for example to clear rent arrears, repair damage to the property or stop anti-social behaviour. For secure tenants whilst it is not possible to refuse consent to a mutual exchange on the grounds of non payment of rent or anti-social behaviour (except where a Notice Seeking Possession has been served), it is possible (under Part IV, S92 (5) of the Housing Act 1985 (Assignment in General)), to make consent to an exchange conditional on any breaches being remedied or obligations performed. Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation. The Council will ensure that any arrears outstanding are cleared or other breaches of tenancy, including rechargeable repairs to the property, are rectified before the exchange takes place. Where an exception is made to this rule, by agreement of the Head of Housing Operations, it may be necessary for the arrears to be written off.

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Annexe One

Housing Act 1985 Section 91 Schedule 3

GROUNDS FOR WITHHOLDING CONSENT TO ASSIGNMENT BY WAY OF EXCHANGE

GROUND 1

The tenant or the proposed assignee is subject to an order of the court for the

possession of the dwelling-house of which he is the secure tenant

Ground 2

Proceedings have been begun for possession of the dwelling-house of

which the tenant or the proposed assignee is the secure tenant on one or

more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which

possession may be ordered despite absence of suitable alternative

accommodation), or there has been served on the tenant or the proposed

assignee a notice under section 83 (notice of proceedings for possession)

which specifies one or more of those grounds and is still in force.

Ground 2A

Either (a)

a relevant order or suspended Ground 2 or 14 possession order is in force, or

(b)

an application is pending before any court for a relevant order, a demotion

order or a Ground 2 or 14 possession order to be made,

in respect of the tenant or the proposed assignee or a person who is residing

with either of them.

o A “relevant order” means—

an injunction under section 152 of the Housing Act 1996

(injunctions against anti-social behaviour);

an injunction to which a power of arrest is attached by virtue of

section 153 of that Act (other injunctions against anti-social

behaviour);

an injunction under section 153A, 153B or 153D of that Act

(injunctions against anti-social behaviour on application of certain

social landlords);

5

an anti-social behaviour order under section 1 of the Crime and

Disorder Act 1998; or

an injunction to which a power of arrest is attached by virtue of

section 91 of the Anti-social Behaviour Act 2003.

o A “demotion order” means a demotion order under section 82A of this Act

or section 6A of the Housing Act 1988.

o A “Ground 2 or 14 possession order” means an order for possession

under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to

the Housing Act 1988.

o Where the tenancy of the tenant or the proposed assignee is a joint

tenancy, any reference to that person includes (where the context permits)

a reference to any of the joint tenants.]

Ground 3

The accommodation afforded by the dwelling-house is substantially more

extensive than is reasonably required by the proposed assignee.

Ground 4

The extent of the accommodation afforded by the dwelling-house is not

reasonably suitable to the needs of the proposed assignee and his family.

Ground 5

The dwelling-house—

(a)forms part of or is within the curtilage of a building which, or so much of it

as is held by the landlord, is held mainly for purposes other than housing

purposes and consists mainly of accommodation other than housing

accommodation, or is situated in a cemetery, and

(b) was let to the tenant or a predecessor in title of his in consequence of the

tenant or predecessor being in the employment of— the landlord, a local

authority, a development, a corporation, housing action trust, an urban

development corporation, or the governors of an aided school.

Ground 6

The landlord is a charity and the proposed assignee’s occupation of the

dwelling-house would conflict with the objects of the charity.

Ground 7

6

The dwelling-house has features which are substantially different from those

of ordinary dwelling-houses and which are designed to make it suitable for

occupation by a physically disabled person who requires accommodation of

the kind provided by the dwelling-house and if the assignment were made

there would no longer be such a person residing in the dwelling-house.

Ground 8

The landlord is a housing association or housing trust which lets dwelling-

houses only for occupation (alone or with others) by persons whose

circumstances (other than merely financial circumstances) make it

especially difficult for them to satisfy their need for housing and if the

assignment were made there would no longer be such a person residing in

the dwelling-house.

Ground 9

The dwelling-house is one of a group of dwelling-houses which it is the

practice of the landlord to let for occupation by persons with special needs

and a social service or special facility is provided in close proximity to the

group of dwelling-houses in order to assist persons with those special needs

and if the assignment were made there would no longer be a person with

those special needs residing in the dwelling-house.

7

Annexe Two

Localism Act 2011

8

9

10

11

12

Reviewed May June 20102013

Created 30 May 2008 1

Policy for Current Tenant Rent Arrears Summary Statement The Rent Accounts Team aim to collect the vast majority of all rent due to the Council. The team aim to minimisze the level of current and former tenant arrears by ensuring that tenants have timely, comprehensive information and support to maximisze their income thus preventing a debt arising. If a debt does arise, the information and support given will assist in the reduction of the debt. Firm but fair action will be taken against tenants who do not pay their rent. Aims and Objectives

To Aachieve and maintain top quartile performance for key rent collection performance indicators at national and regional level. Establish performance reporting mechanisms, which highlight performance to internal officers, managers, Members and management as well as tenants.

Ensure that race, age, gender, sexuality, disability or religion/belief do not detrimentally affect the service customers receive.

Identify and remove any barriers to equality of outcomes for service users, which are based on race, age, gender, sexuality, disability or religion/belief.

[Points merged to below text to highlight current nine protected strands of equality] Ensure that people with protected characteristics as set out in equality legislation

(age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation) are able to access and benefit from the service without barriers or detriment.

Ensure the Rent Accounts Team service providers is aware of the views of its services users and responds to these opinions with tenants focused policies and procedures.

Provide a fast and effective rent arrears service that is based on prevention, detection and recovery and which embraces good practice and value for money in service delivery.

Use technology to best effect in offering a variety of methods of rent collection, providing comprehensive management information and enhancing performance management.

Promote both the rights and responsibilities of being a tenant through clear and consistent communication and action.

Provide staff with the tools, knowledge and processes to provide good customer care and an effective debt recovery service.

Support staff in their duties through the annual performance appraisal process through and a comprehensive training programme.

Principles of rent arrears control 1. The rent collected by Waverley Borough Council is spent on providing services to our tenants and maintaining the quality of our housing stock. The Ggovernment’s rent restructuring policy determines the rent we that is set each year. Waverley’s Rrent Accounts Tteam is keen to ensure that its service reflects the needs of its customers and is therefore positive about offering a holistic and dynamic service built around effective partnership working.

ANNEXE 3



2. The Council will make It is essential that early contact be made with tenants in arrear in order to understand their problems, offer appropriate advice and prevent arrears increasing to the level where legal action is required. Every attempt will be made to help tenants maximisze their income through benefits such as Housing Benefit, Income Support, and Tax Credits signposting to colleagues within the Council, statutory and charitable agencies where appropriate. [Change in text due to change in benefit regime] 3. It is essential toThe Council will identify at an early stage those vulnerable applicants/tenants through any process of transition that will require support in order for them to sustain their tenancies. 4. The Council’s robust rent arrears policy will There is no ‘quick fix’ to reducing existing rent arrears. However, it is essential that a robust rent arrears policy exists to enable staff to be confident that where a firm approach and legal action, including eviction, are necessary, Members will support it. 5. The Council needs to review its policy in respect of rent arrears annually. This will accommodate the changing profile of our tenants and ensure that the Rent Accounts Team has clear and practical policy guidelines within which to operate. The Causes of Rent Arrears There is no simple overall explanation for rent arrears. Some of the circumstances, which may lead to a tenant falling behind with rent payments, are listed below:- Vulnerability Tenants may have additional support needs and find it difficult to fulfill tasks required to maintain a tenancy, such as completing benefit forms and budgeting. They may then fall into arrears, which they cannot pay or face up to and deal with. Vulnerability can be a variable state and can occur at particular points in life. It can be temporary, episodic and recurring. Sometimes it can be ongoing or can increase over time.

Housing Benefit Claims

Failure to complete and return Housing Benefit applications and to inform Housing Benefit of a change in circumstance is a major cause of arrears. So too is the non-payment of the reduced rent where a tenant is receiving partial Housing Benefit e.g. where there is a non-dependant in the household. Such arrears take a long time to recover, given the tenant’s low income. Changes in Household Composition

Rent debt often characterises households experiencing changes in composition such as an increase in number of dependants in a family or relationship breakdown, which presents the tenant with a number of practical and emotional issues. Changes in Employment Status



Newly unemployed people suffer a marked drop in income and have to sort out new spending patterns and benefit entitlement. This problem is compounded if the main earner of a household is in casual employment and is constantly in and out of work. Other Financial Commitments and Multiple Debts

Competing bills place considerable financial strain on low-income households. A large fuel bill can upset the delicate balance between income and outgoings. Households may borrow money to pay rent or other debts, which can lead to increased debt. Illness

Sickness or ill health is a major cause of financial problems leading to rent arrears as there can be a drop in, or fluctuating, income. Low take-up of Benefits and Tax Credits

People may not be receiving all the benefits to which they are entitled. Many people believe that if they are in employment, they cannot claim benefits and fail to enquire about benefits to which they may be entitled. In addition, the introduction Working and Child Tax Credit needs further publicity. Dissatisfaction with Living Conditions

This may be a cause of discontent amongst some tenants who may not consider rent to be a priority in their expenditure commitments. [not necessary information for the policy – reasons for rent arrears part of information to Rent Accounts Team and ongoing training.] Preventative Measures The key driver of this policy is to reduce the need for responsive legal action against tenants in arrears. The Rent Accounts Team is therefore undertaking increased preventative work. This approach is underpinned by appropriate checks being undertaken at each stage prior to and including sign up to provide the rents team with the knowledge they need to tailor their service and meet the needs of customerstenants. Use of Direct Debits The Council has a clear focus on promoting and implementing Direct Debit for the majority of tenants’ payments. The Rent Accounts Team is also responsible to determine the viability of this method for some tenants who may be on low incomes or have financial difficulties where bank charges for a returned payment could exacerbate matters. [new text to include focus on use of Direct Debits] A tenant’s handbook is given to all customers so that there is a clear understanding of the requirements of the landlord regarding rent payment and action that will be taken if arrears occur. Information to Tenants



The Council will provide information to tenants regarding the requirement to pay rent and rent arrears. Tenants are given information in their tenancy agreement to ensureIt is vital that tenants know where they stand when it comes to the payment of rent arrears. there is a clear understanding of the requirements to pay rent and that action will be taken if arrears occur. [text moved from earlier paragraph] WBC The Council keeps tenants informed of its arrears policy and procedures and the assistance tenants can expect from their Rent Arrears Accounts Officer, as well as other sources of advice and assistance. This information is provided through the viewing process, sign up, and subsequent interviews, newsletters, leaflets, statements, letters and website. All letters sent out by the Rent Accounts Team contain information on paying rent and where to go for advice. Introductory and Flexible Tenancies The Council have adopted Introductory and Flexible Tenancies to promote timely rent payments and enable prompt action for non payment of rent. Introductory Tenancies for 12 months are a trial tenancy with less security and faster legal procedures in the event of non payment of rent. Flexible Tenancies for a five year fixed term period may not be reissued if the tenancy conditions have not been adhered to including non payment of rent. [new text to reflect new tenancies]

Early Identification of Arrears

The Council will identify aArrears must be identified quickly. One missed payment, no matter how small may be extremely difficult to recover especially where the tenant is on a low income or dependant on welfare benefits. For this reason automated alerts are sent to the Rent Accounts Officer when a tenant is in two weeks rent arrears or more than £10 in arrears. [new text to state current practice] Tenant Profiling The Rent Accounts Team Leader will periodically carry out tenant profiling of tenants in arrears to identify group(s) who may be at risk of non payment of rent and develop preventative measures for identified groups. [new text to state current practice] Early contact

The Counncil will Arrears must not be allowed arrears to build up. Rent debt is often given a low priority in a family’s spending plans. Sudden demands for payment of large sums may then cause panic leading to temporary measures (e.g. commercial loans) or to inaction where a household can see no solution to its problems. Rent Accounts Officers will write to, telephone or visit tenants Early contact allows time for Rent Account Officers to request payment, provide advice and ensure the tenant begins to deal with the debt before the situation becomes too serious. [new text to identify type of contact]



Face to Face Contact

The Council will make dDirect contact with tenants in arrear. Direct contact with someone is often the most effective way of resolving the situation and reaching a realistic repayment arrangement. Direct contact is made with all tenants in appropriate circumstances. This is especially important is if the tenant is vulnerable or is unable to read or understand our letters and leaflets. Rent Accounts Officers will make an appointment with and visit all tenants in arrears and invite their advocate as required. [new text to state appointments and advocates] Frequency Type of contact with tenants

The Council will collect and maintain Details of a tenants contact details are obtained and where applicable any communication needs are recorded and entered onto the Orchard system. The Rrents Accounts Tteam offer a range of methods of communication (e.g. telephone, text, large print) and provide a service that is appropriate to the tenants needs. [new text to identify examples of communications methods] Clear and accurate record keeping It is essential that c The Council will keep clear and accurate records are kept of all action taken to recover arrears. All relevant records are maintained to ensure that a person unfamiliar with the case can continue to take action in the usual post holder’s absence. Clear relevant notes are important to be used as evidence when reviewing case histories for legal proceedings and complaints. [new text to demonstrate additional reasons for case notes] Accurate rent account information to tenants

The Council will ensure aAccurate rent accounting information is available vital for both staff and tenants to monitor payments. Rent statements are regularly sent to tenants in arrears. Statements are also provided if requested by the tenant. Former tenant arrears and court costs are clearly identifiable and should are not be included in any possession action, although they may form part of a separate money judgement. Housing benefit overpayments are clearly identified and are kept separate from the main account. Regular monitoring of accounts

The Council will monitor aAll accounts in arrears are monitored by the Rent Accounts Officers on a weekly basis and acted upon in accordance with the rent arrears procedure. The Senior Rent Accounts Manager Officer is responsible for overseeing this process. [change in job title] Arrears from a former tenancy

The Council will only permit a tenant in arrears to transfer (move home) if the tenants agrees to Where the transfer of a tenant in arrears is agreed, it will be a



condition of the transfer that the tenant signs an appropriate repayment agreement as part of their new tenancy agreement. Agreement of a move in this instance will require demonstration of a regular payment plan having been maintained at least six months beforehand. Exceptions to this rule will be considered on individual basis and approved by the Landlord Services Manager and Housing Needs Manager. [new text to state conditions of transfer with rent arrears] Regular liaison with Housing Benefit

The Rent Accounts Team and Housing Benefit Team will work together to assist tenants in arrears. Some arrears are the result of difficulties with Housing Benefit and DWP benefits. For the tenant, facing bureaucracy alone can be daunting. Assistance is given where necessary. All Rent Accounts Officers liaise regularly with HB staff to discuss, and on occasion, challenge ongoing claims, overpayments and rates of claw backs. Requests for discretionary housing payments are requested via the Rent Accounts Manager. The Rent Accounts Manger and staff have regular meetings with the HB Manager and staff. The Rent Accounts Team has a A Service Level Agreement is in place with the Housing Benefit SectionTeam which is reviewed regularly. This is monitored for compliance and reviewed annually. [text deleted to due to change in process] Communication with other Council services The Rent Accounts Team will maintain effective communication with other areas of the Council to provide a “joined up” approach in terms of efficient debt recovery. For example although Council Tax recovery procedures differ greatly from those for rent arrears, each service has an impact on the other. The Rent Accounts Team will contact colleagues to establish if there are other Council debts when considering refunds, court action or repayments. Appropriate training for staff

The Senior Rent Accounts Officer will ensure the team s staff must are be familiar with the Rent Arrears policy and procedures and the Rent Arrears Pre-action Protocol in order to provide effective advice and assistance to tenants, The team will receive training to ensure they have the necessary skills and knowledge regarding interviewing, welfare benefits, tenancy law and arrears recovery best practice. They must be properly trained in interviewing, welfare rights, housing benefit and the Law relating to arrears recovery and landlord and tenants. [new text to clarify training] Confidentiality

All office interviews regarding arrears are carried out in private. The details of a tenants rent account should not be made known to any other persons without the written permission of the tenant. When dealing with a phone query, information should not be given out without first confirming the caller is the tenant, for example, by asking for their reference number or date of birth.[text moved to Process section]



Providing support and advice

The Rent Accounts Staff Team will provide support and advice to tenants and will refer them to other agencies as appropriate, particularly if they are vulnerable or in multiple debt. Tenants affected by the Welfare Reform will be referred to the Welfare Benefits Officer and the Don’t Lose Your Home or Business Officer. [new text to reflect new expert officers] Maximising benefit entitlement and debt counselling

The Rent Accounts Team and Welfare Benefit Officer will make eEvery attempt should be made to help tenants maximise their income through benefits. The tenant will be referred to CAB for assistance in more complicated cases or where the tenant is particularly vulnerable or has multiple debts. Where it is felt that independent advice is preferable and/or that other debts are a problem, the tenant should be referred to the appropriate agency. The Rent Arrears Recovery Process Confidentiality

The Council will ensure that all office interviews regarding arrears will be carried out in private. The rent account details will not be made known to any other persons without the written permission of the tenant. When dealing with a phone query, information will not be given out without first confirming the caller is the tenant, for example, by asking for their reference number or date of birth. [moved text from prevention section to process section] Rent Accounts Officers will assess each individual case and take an appropriate course of action from the following options: Arrears Letter The Council will write to all tenants in arrears. The choice of letter will depend on individual circumstances, the size of the debt, and what stage in the recovery procedure the case has reached. The letter will be influenced by a tenant’s previous history or rent arrears (if any). Officers will also make contact by telephone, text message, and email, pre arranged or unannounced home visits if appropriate. [new text to include home visits] Repayment Agreements The Council will ensure rRepayment agreements are made to suit an individual’s financial circumstances. The Rent Accounts Officers will assess the tenant's ability to pay by reviewing the tenant's income and expenditure. Tenants must sign a copy of the Agreement. letters must be sent asking for a signed copy to be returned. [new text to clarify process] Personal Contact



The Council will make personal contact with tenants in arrears. Personal contact is intended to establish a rapport with a tenant and is considered the best way to get to the root of the problem. The Rent Accounts Officer’s aim is to achieve an agreement to pay in full or by agreed instalments. If the tenant has multiple debts, we the officer will refer them to local debt counselling agencies such as Citizens Advice Bureau. Tenants will also be referred to other agencies where appropriate. Service of Legal Notices Seeking Possession (NSP) The Council will take legal action if a repayment agreement has not been made with the tenant in arrears. Serving a notice is the first step in legal action to recover the property for non-payment of rent. Secure and Flexible Tenants: A Notice of Seeking Possession will be served when a Where a repayment agreement has not been agreed or an agreement has been is not agreed or broken. an NOSP will be served in line with the current arrears recovery procedures Introductory Tenants: A Notice of Proceedings for Possession (Housing Act 1996 Section 128) will be served when a repayment agreement has not been agreed or an agreement has been broken. Introductory Tenants have the right to review the decision to serve notice as the Court has no discretion in granting possession. The request to review must be received within 14 days of the notice been served. [new text to clarify process for all tenancies] Referral for Court Action Where successive rent arrears letters, visits, and service of a noticeNSP have not resulted in repayment of the debt or a suitable repayment agreement, an application for a possession hearing will be made to the County Court. The Rent Arrears Pre-Action Protocol will be satisfied prior to referral for Court action. County Court Hearing Before each a County Court hearing, a the Rent Accounts Officer will make further attempts to make personal contact with the tenant to explain the Court process, severity of the situation and reach an agreement to repay the debt. The Senior Rent Accounts Officer will review and approve all court applications. The individual circumstances of each tenant are carefully considered before legal action is taken. If an agreement is reached, the Council Rent Accounts Officer can will ask the District Judge to grant a Possession Order, but suspend its enforcement for as long as the tenant keeps to the payment agreement. If a significant proportion of the debt had been repaid, the Rent Accounts Officer will request the District Judge to adjourn the case on the terms that the tenant must for as long as the tenant maintains payments or., grant a Possession Order, but postpone its enforcement for as long as the tenant maintains payments. If no agreement is reached an Outright Possession Order to evict the tenant will be requested. [new text to clarify process]



Eviction The Council will apply to evict tenants in arrears when an Outright Possession Order is granted or a tenant breaches the terms of the Suspended Possession Orde.r If a tenant fails to make regular payments and breaks the terms of a Postponed Possession Order, the The case will be referred back to Court for a warrant to n eviction. Tenants are given the opportunity to appeal to the Court to prevent the eviction from taking place. Warrant to Evict Prior to the warrant being requested authorisation must be is sought given byfrom the Head of Housing Operations and after consultation with the Portfolio Holder and Leader. If a tenant is evicted, they can approach Waverley Borough Council or any other Council for assistance as a homeless personfor help in re-housing. However, they may be classed as ‘intentionally homeless’ if they were evicted for non-payment of rent arrearsas they failed to pay the rent. In these circumstances the Council will NOT have a duty to re-house them in Council accommodation. [new text to clarify eviction process] Former Tenant Arrears The Council will continue to pursue tenants who are evicted for the debt that is owed. Depending on the circumstances, the Council may use its own resources or pass the case to a debt collection agency for recovery action.

ITEM 7 - APPENDIX C


CORPORATE OVERVIEW & SCRUTINY COMMITTEE

23 SEPTEMBER 2013

Title:

HOUSES IN MULTIPLE OCCUPATION STANDARDS

[Portfolio Holder: Cllr Keith Webster] [Wards Affected: All]

Summary and purpose: The purpose of this report is to introduce a new set of standards for Houses in Multiple Occupation (HMOs) for regulation of living conditions in these properties.

How this report relates to the Council’s Corporate Priorities: The revised HMO standards relate to the Council’s corporate objective of understanding our residents’ needs.

Finance/Risk Management Implications:

There are no finance implications arising from this report. It is hoped that by having a clearer set of standards for HMOs and disseminating these widely, there will be less need for enforcement action by the Council and less need for HMO inspections.

Legal Implications: The standards set out in the document will be used in HMO licence conditions and as requirements in Housing Act Notices served on landlords. Therefore they must be seen to be reasonable in case of an appeal. The Licensing & Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) Regulations 2006 (as amended) set out prescribed standards, but these standards simply require each facility to be “suitable, adequate or sufficient”. The standards set out in the attached document have been derived from a survey of standards in 12 other local authorities including 4 from metropolitan areas where HMO activity is more prevalent. The fire safety requirements within the document refer to the National Guide produced by LACORS, which has been the main reference source since 2008.

Introduction

1. Houses in Multiple Occupation are houses occupied by more than one household. This definition includes traditional bedsit houses, houses occupied on a shared basis, accommodation associated with commercial premises, hostels, lodgings and some buildings comprising of self-contained flats. They are normally at the lower end of the rental market and the occupiers tend to have the least ability to choose their housing.

Historically there have been problems with repair and maintenance of these properties, inadequate provision of amenities and a higher risk of injury from fire.

2. Prior to 2006 the regulation of conditions in HMOs was carried out under the Housing Act 1985. In order to ensure that these properties met a basic level of provision, the Council introduced a set of minimum standards in September 1992 to supplement the provisions of the Housing Act. These standards referred to the Housing fitness standard that was in force at the time but set out additional requirements for cooking, washing and toilet facilities, heating, room sizes and fire precautions.

3. The Housing Act 1985 was replaced by the Housing Act 2004, which came into force in 2006. The following provisions were introduced by this legislation:

a. The fitness standard was replaced by the Housing Health and Safety Rating System (HHSRS) as a method for determining whether a property is suitable for occupation. This allowed Housing Officers to consider a range of potential hazards in properties not previously considered under the fitness standard e.g. excess cold, falls on stairs.

b. The definition of an HMO was amended and set out in detail. The main effect of this was to include shared houses that were previously considered to be single households (following case law) and to exclude a large number of buildings comprising self-contained flats.

c. A licensing regime was introduced whereby the owners of larger higher-risk HMOs (i.e. 3 or more storeys and 5 or more occupiers) have to obtain a licence to let out the property and the local authority is able to regulate the maximum number of occupiers or households and also set licence conditions to regulate living conditions.

4. In conjunction with the new Housing Act, the government introduced Regulations setting out prescribed standards for HMOs (whether licensed or not) for washing, toilet and cooking facilities. These Regulations were subsequently amended in 2007 with the effect of replacing prescribed minimum numbers of facilities with a requirement that the provision must be “adequate”. It has been left to each local authority to determine the level of provision that is adequate.

5. A further effect of the Housing Act 2004 was to revoke the Department of Environment Circular 12/92, which provided guidance to local authorities on fire precautions. However, a new national guide “Housing – Fire Safety” was published in July 2008 by LACORS in partnership with the CIEH and the Chief Fire Officers Association. This does not have legislative force but it is now used as the basis for enforcement of fire safety provisions throughout the UK.

6. As a result of the above, the Waverley standards for HMOs need to be updated. References to the fitness standard, previous legislation and government circulars have been superseded. In particular the standards should refer to the LACORS guide on fire safety, which is a very useful document for landlords and enforcement officers. In addition the existing standards are lacking in sufficient detail in many areas to enable the Council to achieve a full range of improvements through its advisory, enforcement or licensing functions. For example the current standards set room sizes for bedrooms and bedsits but not kitchens, living rooms or dining areas.

7. Since the introduction of HMO licensing in particular, we have seen an increase in requests from landlords for clear guidance from the Council on housing standards. This reflects a trend for new landlords entering the buy-to-let market and an increase in the private rented sector in general over the last 10 years.

Conclusion

8. The proposed new HMO standards, set out in Annexe 1, are designed to give as comprehensive a guide as possible on the provision of facilities and other requirements in HMOs. It is designed for use by landlords and Housing Enforcement Officers and it also provides an explanation of the HMO legislation and licensing requirements. It is intended to add the guide to the information on HMOs on our website as an aid to prospective landlords.

Recommendation That Corporate Overview & Scrutiny Committee considers the proposed standards for HMOs set out in Annexe 1, and passes any observations it may wish to make to the Executive.

Background Papers There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

CONTACT OFFICER: Name: Simon Brisk Telephone: 01483 523421 Private Sector Housing Manager E-mail: [email protected]

1

STANDARDS FOR HOUSES IN MULTIPLE OCCUPATION (HMO’S)

Private Sector Housing Team Waverley Borough Council

Council Offices The Burys Godalming

Surrey GU7 1HR

May 2013

ITEM 7 – APPENDIX C ANNEXE 1

2

CONTENTS 1.0 Introduction page 3

2.0 HMO Minimum Room Sizes page 4

3.0 Kitchen Facilities: page 5

3.1 Kitchen ratios page 5

3.2 Kitchen sink page 5

3.3 Cooking facilities page 5

3.4 Kitchen worktop page 6

3.5 Food storage page 6

3.6 Refrigerators/Freezers page 6

3.7 Kitchen cupboards page 6

3.8 Power sockets page 7

3.9 Refuse storage page 7

3.10 Kitchen ventilation page 7

3.11 Kitchen lighting page 7

3.12 Kitchen floors page 7

3.13 Kitchen walls page 7

3.14 Kitchen ceilings page 7

3.15 Kitchen safety page 7

4.0 Personal Washing Facilities: page 8

4.1 Ratios and location page 8

4.2 Ventilation page 8

5.0 Heating page 9

6.0 Electrical Installation page 9

7.0 Gas Installation page 9

8.0 Fire Precautions: page 9

8.1 Fire Doors page 9

8.2 Maintenance of fire detection systems page 10

8.3 Contact details page 10

9.0 Application of Standards page 10

10.0 HMO Licensing and Planning Guidance page 10

11.0 Contact Information page 10

Flowchart Guide to HMOs page 11

3

1.0 INTRODUCTION The Housing Act 2004 (“the Act”) introduced a new definition of ‘house in multiple occupation’ (HMO), together with a national mandatory licensing scheme for certain HMOs. The definition of HMO can be found in Sections 254-259 of the Act. It is a building that is occupied, as the only or main residence, by more than one household, and includes:

Buildings that consist of bedsit rooms where some of the facilities are shared;

Buildings with multiple units of accommodation that all have their own exclusive facilities but which are not self-contained;

Shared houses (e.g. houses let to a group of friends, often students, who have their own bedrooms but share a degree of communal living, including the use of at least one room as a common room);

Hostels or hotels where some of the occupiers have no other permanent place to live;

Buildings converted into self-contained flats that don’t comply with the Building Regulations 1991 and where less than two thirds of the flats are owner occupied;

Buildings which contain a mixture of the above types. A household comprises:

An individual

Persons who are married or co-habiting (including single-sex relationships

Relatives of an individual or of married/co-habiting partners (child, parent, grandchild, grandparent, brother, sister, uncle, aunt, nephew, niece or cousin)

Foster children or domestic employees (e.g. au pairs, nannies, maids, etc).

There are a number of exemptions to this definition:

Any house or flat occupied by only two people;

Any house or flat where, apart from the resident owners and their family, there are a maximum of two other persons;

Any building which is controlled or managed by a public sector body;

Any building which is controlled or managed by an educational establishment on an approved list;

Any building which is occupied by a religious community. Under Part 2 of the Act certain HMOs are required to be licensed with the Council. These are HMOs of 3 or more storeys and occupied by 5 or more persons (NB ‘storeys’ includes habitable basements, attic rooms, habitable mezzanine floors and floors occupied on a commercial basis). Licensing is intended to make sure that:

4

Landlords of HMOs are fit and proper people, or employ managers who are;

Each HMO is suitable for occupation by the number of people allowed under the licence;

The standard of management of the HMO is adequate;

High risk HMOs can be identified and targeted for improvement. 2.0 HMO MINIMUM ROOM SIZES All lettings shall be large enough to provide sufficient space for living, sleeping, food storage and food preparation (except where there is a separate shared kitchen provided elsewhere) All rooms shall be of a convenient and usable shape for their intended purpose. Where the ceiling height is less than 1.5 m2 the floor area is not counted. Space that cannot be used because of its shape or location must not be included when calculating room size to meet the space standards. No staircase, landing, passage, kitchen or bath/shower room shall be used for sleeping accommodation For the purpose of this standard:

No more than two persons shall occupy any room (no account shall be taken of a child under the age of 12 months but a child over 12 months is considered as a separate person in terms of these standards)

Persons of the opposite sex who are aged 10 years and over and who are not cohabiting shall not be obliged to sleep in the same room.

2.1

Individual rooms: 1 Person Unit 2 Person Unit

Bedroom 6.5 m2 10 m2

Combined bedroom and living room 9.5 m2 13 m2

Combined bedroom, living room and kitchen 12 m2 16 m2

Kitchen 4 m2 4.5 m2

Living room 9 m2 11 m2

2.2

Rooms shared by occupiers: 1 - 3 4 5 6 7-10

Kitchen 5 m2 6 m2 7 m2 9 m2 11m2

Kitchen (more than 10 people) An extra m2 per person recommended

Dining Area 2 m2 per person is recommended

Living room (1-6 people) 11 m2

Living room (more than 6 people) An extra 2m2 per person recommended

A communal living room is not required if all individual bedroom/living rooms meet the standard in 2.1 above. Bedrooms must not be more than one floor distance from the kitchen except where a suitable dining area is provided e.g. dining room, living room.

5

3.0 KITCHEN FACILITIES 5 persons can share one full set of kitchen facilities. More than 5 persons will require an additional set of kitchen facilities. 3.1 Kitchen ratios

Maximum Number of Individuals allowed to share kitchen

Number of sets of kitchen facilities

5 1

10 2

15 3

All equipment must be fit for purpose.

Kitchen facilities shall be in a properly designed room or area, laid out so to allow the safe and hygienic preparation of food.

Where the bedrooms are more than one floor away from the kitchen, the kitchen must be provided with facilities to eat meals, i.e. a kitchen diner or in a separate room adjacent to the kitchen.

A kitchen diner must be provided with an adequate size table and number of chairs for the number of users.

One full set of kitchen facilities will include the following: Kitchen sink Cooking facilities Worktop Food storage (dry goods cupboards and fridge freezers) Kitchen cupboard Power sockets Refuse storage

3.2 Kitchen sink Sink and a drainer of a suitable and practical size on a base unit, properly connected to the drainage system, and provided with an adequate and constant supply of potable drinking water and an adequate and constant supply of hot water, without fluctuation in temperature. Each sink must have an appropriate splashback of minimum height 300 mm. A dishwasher will be acceptable as a second sink. 3.3 Cooking facilities Any cooker to be located away from exit doors and away from windows.

Individual use – minimum shall be an electric two rings, conventional oven and grill. If a ‘portable’ cooker is installed it shall be installed at a safe working height and properly secured, and have the capability to operate all rings and oven simultaneously.

6

Shared use for up to 5 persons – full sized electric cooker with a minimum of four rings, conventional oven and grill, to be securely fitted.

A 25 litre microwave with an oven and grill will be acceptable as a second cooker.

3.4 Kitchen worktop A properly secured, readily cleansable work surface shall be provided in a suitable position adjacent to the cooker in every kitchen. Worktop to be at the same height as the cooker. Minimum dimensions 600 mm deep x 1000 mm wide for 1-3 persons, plus a further 500 mm (linear width) per additional person sharing up to a maximum 3000 mm. 3.5 Dry food storage One cupboard for the storage of dry goods per person, with a minimum storage capacity of 0.2 cubic metres. The recommended minimum dimensions to meet this requirement are: Width: 60cm Depth: 50cm Height: 70cm The cupboard space in the unit below the sink is not suitable for dry goods storage. 3.6 Refrigerators/Freezers

A refrigerator with a freezer compartment, with a minimum capacity 140 litres for 1 to 2 persons.

Kitchens shared by more than 2 people to have a separate refrigerator and freezer of worktop height. Each tenant must be provided with a shelf or area of adequate size, within the refrigerator and freezer appliances for their sole use. The minimum capacity for each appliance is:

o 3 – 4 persons 160 litres o 5 persons 200 litres

3.7 Kitchen cupboards Sufficient cupboards for the storage of kitchen utensils and crockery in shared kitchens. 3.8 Power sockets There shall be a minimum of four electrical sockets at worktop height plus one socket for each major appliance (e.g. refrigerator/freezer, washing machine

7

etc.) per full set of kitchen facilities. Therefore, two sets of kitchen facilities require at least 8 sockets at worktop level plus one socket for each major appliance. 3.9 Refuse storage Impervious refuse storage containers (bins) with suitable close fitting lids. There shall be an adequate number of bins for the number of occupants and they should be readily accessible. 3.10 Kitchen ventilation In addition to openable windows, mechanical ventilation extracting 60 litres/second to the outside air or 30 litres/second if sited adjacent to the hob. 3.11 Kitchen lighting Kitchens and dining areas must have adequate artificial lighting. 3.12 Kitchen floors All kitchens and kitchen areas must be provided with suitable impervious and readily cleansable floor covering. 3.13 Kitchen walls Walls to be readily cleansable and those directly adjacent to cookers, sinks and food preparation areas shall be provided with impervious splash backs. 3.14 Kitchen ceilings Ceilings shall be in good repair, readily cleansable, smooth and impervious. 3.15 Kitchen safety All kitchens and kitchen areas must have a safe and practical layout. In particular:

(a) cooking appliances should have an adjacent work surface (b) no soft furnishings are to be within 600mm of the cooking

appliances (c) other than an extractor hood, no fixtures or fittings are to be sited

directly above cooking appliances. 4.0 PERSONAL WASHING FACILITIES All facilities should be located in rooms of an adequate size and layout no more than one floor distant from any bedroom and accessible from communal

8

areas unless provided as an en-suite facility for the exclusive use of that occupant. All baths, toilets and wash hand basins (WHB) should be fit for purpose. Each WHB is to be provided with an appropriate splashback. Walls and floors should be reasonably smooth and non-absorbent and capable of being readily cleansed. 4.1 Ratios and location of washing facilities

1 – 4 persons At least 1 bathroom with a fixed bath or shower, WHB and a WC (which may be sited in the bathroom).

5 persons In bedsit type HMOs: At least 1 bathroom with a fixed bath or shower AND 1 separate WC with WHB (the WC can be part of a second bathroom). In shared house HMOs: At least 1 bathroom with a fixed bath or shower, a WC and a WHB.

6 – 10 persons 2 bathrooms AND 2 WCs with WHBs (but one of the WCs can be contained within one of the bathrooms).

11 – 15 persons 3 bathrooms AND 3 separate WCs with WHBs (but two of the WCs can be contained within bathrooms)

In addition a wash hand basin is to be provided in each sleeping room where practicable. 4.2 Ventilation Bathrooms to have mechanical ventilation capable of extracting 15 litres/second to the outside air in addition to any openable window. Each toilet in a separate compartment is required to have a window that is easily accessible and equivalent to 1/20th (5%) of the floor area OR mechanical ventilation extracting at least 6 litres/second to the outside air. 5.0 HEATING Fixed space heating to be provided in every room including bathrooms, WC compartments and kitchens. There should be adequate controls to allow the occupants to regulate the temperature within their unit of accommodation. The system to be an adequate size for the building with adequate thermal

9

insulation to the fabric of the building. The method of heating must be both safe and affordable. 6.0 ELECTRICAL INSTALLATION Electrical installation to be tested every 5 years by a competent electrical engineer and a copy of the test certificate provided to the council 7.0 GAS INSTALLATION A copy of the current Gas Safety Certificate should be provided to the council on an annual basis. 8.0 FIRE PRECAUTIONS Fire precautions should be provided as far as is practicable in accordance with the LACORS publication “Housing – Fire Safety. Guidance on fire safety provisions for certain types of existing housing” dated August 2008. 8.1 Fire Doors The construction of fire doors should be such that when subjected to fire conditions they will act as an effective barrier to the passage of flame, heat and smoke for a specified period of time. “Fire Door” means a fire resisting door and frame constructed to comply with the appropriate rating requirement of BS476: Part 22: 1987 and BS 8214: 1990. Two different types of fire door may be specified for HMOs:

half hour fire doors (FD30)

half hour (smoke stop) fire doors (FD30S) Both types of door require intumescent strips but smoke stop doors are also provided with smoke seals. The upgrading of existing doors is not accepted as an alternative to the installation of new fire resisting doors. Sliding doors are not acceptable in fire resisting elements. Fire doors must be capable of being opened from the inside without the use of a key. 8.2 Maintenance of fire precautions The manager/person in control must ensure that any fire fighting equipment, emergency lighting and fire alarms are maintained in good working order. A maintenance contract must be arranged (with a competent contractor) at the time of initial installation for regular servicing in accordance with the relevant British Standard.

10

The fire alarm system must also be tested on a weekly basis by the manager/person in control and all such tests should be properly recorded within the log book supplied by the installer during the handover procedure. 8.3 Contact details Contact details of the person responsible for the maintenance of the fire precautions should be displayed in a prominent position in the HMO in accordance with the current HMO Management Regulations. 9.0 APPLICATION OF STANDARDS When a licensing application is received, the Council will check whether the property complies with these standards. If the property does not fully comply any remedial works will become a licence condition and conditions are usually to be met within 6 months from the date the license is issued. Even if a property complies with these standards, the Council may still require other work to be carried out throughout the duration of the licence. Within five years of the license being granted, a Council Officer will carry out a full inspection of the property to check whether any further work is required to bring the property up to a reasonable standard under the Housing, Health and safety Rating System (HHSRS). The officer will also check that the property is being properly managed and maintained. 10.0 HMO LICENSING AND PLANNING GUIDANCE HMO owners and their agents are advised to ensure that any licensable HMO does not contravene any planning restrictions or requirements. The granting of an HMO licence does not confer any planning permission and advice should be sought directly with the Planning Department if there are any issues arising. 11.0 CONTACT INFORMATION For further information please contact: Simon Brisk Private Sector Housing Manager Waverley Borough Council, The Burys, Godalming, Surrey GU7 1HR Telephone: 01483 523421 Email: [email protected]


11

Guide to HMO (Houses in Multiple Occupation) Is your property an HMO? Is it Licensable? Use this sheet if your property is a house shared by tenants, a house converted into bedsits or accommodation above commercial premises.

No Yes

No Yes

No

Yes

Yes Yes Yes No No No

Start

Does the property contain two or more households/people?

households/people?

Not an HMO If you have any problems using this chart, please

contact us for further information. Contact details are on page 10 of this guide

Are you, as the landlord, one of these people?

Do you have more than 2 unrelated tenants with you?

Not on HMO This includes attics and basements and any commercial element of the

property, e.g. shop, restaurant

Are there at least 5 occupants?

Is the property on 3 or more storeys?

Do the tenants share (or lack

cooking/washing/toilet facilities

It will be an HMO and subject to

mandatory licensing

It will be an HMO but will not be subject to mandatory licensing. However, it must have adequate means of escape in case of fire and other fire precautions, sufficient numbers of

kitchens/bathrooms/toilets for the number of occupants and be managed in a satisfactory manner.

ITEM 8 – APPENDIX D



23 SEPTEMBER 2013

EXECUTIVE – 1 OCTOBER 2013 CORPORATE O&S

Title:

IMPLEMENTING INCREASED RENTS IN TEMPORARY ACCOMMODATION

AND FOR BED AND BREAKFAST ACCOMMODATION

[Portfolio Holder: Cllr Keith Webster]

[Wards Affected: All]

Summary and purpose: The purpose of this report is to set out proposals on increasing the rents in temporary accommodation and for Bed and Breakfast, as recommended within the 2013/14 budget process.

How this report relates to the Council’s Corporate Priorities

This report relates to the Council’s corporate priority of providing more affordable housing in the Borough for local people in housing need and delivering value for money by maximising rental income from temporary accommodation and Bed and Breakfast.

Financial Implications:

The Council would benefit from additional rental income from temporary accommodation and Bed and Breakfast.

Legal Implications:

None

Background

1. To maximise the rental income from temporary accommodation and Bed and Breakfast, approval is being sought to increase the weekly charges from October 2013. An increased rental stream will better reflect the additional costs of providing temporary accommodation and ensure that there is no incentive to applicants to accept temporary accommodation or Bed and Breakfast.

2. The Council’s success in tackling homelessness in the borough has resulted from the use of a proactive, preventative housing options approach, including advice to prevent homelessness, mediation, negotiation and housing support, to help people remain in suitable accommodation.

3. Where a potentially homeless household cannot remain in their accommodation, or are unable to access private rented housing, the Council may be required to offer temporary accommodation and/or Bed and Breakfast.

Current provision

Temporary Accommodation:

4. The Council’s six units of temporary accommodation at Chapel Court, Milford comprises of a mix of one-bedroom self-contained flats and flats with en-suite bedrooms and shared facilities. The five units of temporary accommodation at Ladymead are being replaced by new permanent affordable homes

5. The weekly rent charged for the 1-bed flats at 1 and 2 Chapel Court is £95.34 per week and the weekly rent for the en-suite rooms at 3 – 6 Chapel Court is £79.16 per week. These rents are significantly below the maximum payable by Housing Benefit, which are set at the Local Housing Allowance (LHA) rate.

6. Households that move into private rented housing are likely to be charged rents that are close to the maximum LHA rate and those who access homelessness prevention units provided by local housing associations, pay affordable rents set at 80% of market rents.

Bed and Breakfast:

7. The Council has arrangements in place with Bed and Breakfast providers in Ash Vale and Slough. These providers are widely used by homelessness services across Surrey and regarded as reputable establishments to provide a specialised emergency accommodation service.

8. The Council is charged the following rates:

Slough/Ash Vale: £60 per night for a single room which is equivalent to £1820 pcm, £80 for a family room equivalent to £2,426 pcm. Both charges include breakfast.

Travelodge: £54 per night on average equivalent to £1,638. This does not include breakfast.

The Council makes the following weekly charge to homeless households:

Rent £81.37

Heating/lighting £12.50

Breakfast £ 2.45

Total £96.32 per week equivalent to £417.39 pcm

9. The net monthly cost to the Council of providing emergency accommodation to a single person in B&B in Slough is £1,402.61. The cost to the Council is greater when accommodating family households as the amount charged to the Council per room is greater for a larger room.

10. Housing Benefit regulations allow the Council to charge for Bed and Breakfast accommodation up to the relevant one bedroom rate as at January of the previous year. This means that the current rates are:

Blackwater Valley: £135 per week

Guildford: £161.54 per week

Slough: £146.54 per week

Proposal

11. Housing Benefit is payable at 100% of LHA rate for shared accommodation and 90% of LHA rate for self-contained accommodation. This would allow the Council to increase the rents to this level and continue to be covered by Housing Benefit for those who receive it.

12. However, in order to recognise the impact of the benefit cap which will restrict the housing credit element to £133.85 per week for households of up to 5 people, when it introduced in October 2013, and reduce risk of associated rent arrears, it is recommended that:

the rent increase for temporary accommodation should be to 80% LHA for 1 bed flats and kept at the same level for the en-suite rooms

B&B charges area increased from £81.37 per week to £133.86 per week (£580.06 per month) in line with the proposed rate for one bedroom accommodation.

where breakfast is provided, the breakfast charge is increased from £2.45 per household per week to £3 per person per night (£91 pcm) to better reflect the amount and the quality of food provided

the heating/lighting charge is increased to £13 per week per household, as set out in the table below:

Address Monthly

(weekly) rent

Maximum LHA rate

Monthly

Maximum HB payable (set at 90% LHA rate for 1+

beds)

80% LHA rate

Suggested revised monthly

(and weekly) charges

1 Chapel Court

(1 bed ground floor flat)

£412.14

(£95.34)

£725.01

(1 bed rate)

£652.09 £580.08 £580.08

(£133.86)

2 Chapel Court

(1 bed first floor flat)

£412.14

(£95.34)

£725.01

(1 bed rate)

£652.09 £580.08 £580.08

(133.86)

3-6 Chapel Court

(en-suite rooms)

£330.81

(79.16)

£360.01

(shared room rate)

£360.01 £288.01 No increase – to remain at current level of £330.81

Bed and Breakfast

Ash Vale

Guildford

Slough

£585.00

£700.01

£635.06

N/A

£580.08 (£133.86)

Breakfast = £91 p/p pcm or £21 p/p

per wk

Heating = £56 pcm per h/hold (£13 per h/hold per week)

12. It is also recommended the temporary accommodation and Bed and Breakfast rates are reviewed annually and where appropriate increased in line with LHA rates.

13. The majority of households that move into temporary accommodation and Bed and Breakfast are in receipt of Housing Benefit to cover the cost of the increased rent, but they would need to pay breakfast and heating charges from their benefits.

Recommendation

That Corporate Overview & Scrutiny Committee considers the proposed increase in rents for temporary accommodation and Bed and Breakfast with effect from 1 October 2013, and passes any observations it may wish to make to the Executive.

Background Papers (Housing)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

CONTACT OFFICER:

Name: Jane Abraham Telephone: 01483 523096 E-mail: [email protected]


ITEM 11 – APPENDIX E


CORPORATE OVERVIEW AND SCRUTINY COMMITTEE

23 SEPTEMBER 2013

Title:

COMPLAINTS ABOUT WAVERLEY’S SERVICES RECEIVED BY THE LOCAL GOVERNMENT OMBUDSMAN IN 2012/13

[Portfolio Holder: Cllr Robert Knowles]


Summary and purpose: This report summarises the types of complaint made to the Ombudsman about Waverley’s services over the past year and the eventual outcomes. It also provides information on the Ombudsman’s new approach to dealing with complaints which came into effect on 29 October 2012. Waverley’s performance regarding its own complaints procedure will be the subject of a separate report to the Committee’s next meeting. How this report relates to the Council’s Corporate Priorities: Investigating Ombudsman complaints can help to identify areas in which the Council could provide better value for money in its services, and on occasion can result in action to improve processes and systems that will improve the lives of residents. It also increases confidence in the community that Waverley follows high standards of administration and governance and contributes to understanding residents’ needs. Financial Implications: See paragraph on the Corporate Priorities above. Legal Implications: None

Background 1. The Local Government Ombudsman’s annual review letter concerning complaints

about Waverley’s services received in 2012/13 is attached at Annexe 1. During 2012/13 the Ombudsman’s internal business processes changed, and as a result the Ombudsman’s office has been unable to provide local authorities with a consistent and detailed set of data for the whole year. The review letter is therefore very general and much of the statistical information in this report is drawn from the Council’s own records. The Ombudsman intends to publish more detailed information in future years.

Ombudsman’s new approach to dealing with complaints 2. As a result of substantial budget cuts, the Local Government Ombudsman service

has been restructured with the intention of dealing with complaints swiftly and proportionately. The aim is now to handle the more straightforward cases at the earliest possible opportunity, and all complaints received by the Ombudsman are now passed to one of a number of assessment teams who will make prompt decisions on all complaints that are:

Outside the Ombudsman’s jurisdiction

Can be quickly resolved

Do not merit formal investigation Only those cases which merit more detailed work will be passed through for investigation.

3. In addition to the above changes, the Ombudsman will no longer refer premature complaints to local authorities but will only advise complainants that their complaints are premature and that they need to complain to the authority concerned themselves. The Ombudsman’s office will no longer carry out follow-up checks with complainants or the council to see whether the matter has been satisfactorily resolved.

4. This new assessment approach was introduced at the Ombudsman’s London office (which deals with complaints about Waverley’s services) with effect from 29 October 2012, and was then fully introduced across all the Ombudsman’s offices from 1 April 2013.

5. As Members will know, with effect from 1 April 2013, complaints about a local

authority’s landlord function are now considered by the Housing Ombudsman. However, the Local Government Ombudsman will continue to consider complaints about local authorities’ wider housing activities, for example in discharging their statutory duties in homelessness.

Premature and other complaints about Waverley’s services received by the Ombudsman in 2012/13 6. Premature complaints are those complaints that have not completed the Council’s

complaints procedure and are therefore referred back to Waverley by the Ombudsman for further investigations. These complaints are investigated by the Chief Executive under Level 3 of the Council’s complaints procedure. Five premature complaints about Waverley were received in 2012/13. Three of these complaints were resolved at this stage, and the remaining two complaints were subsequently investigated by the Ombudsman. The following table gives information on the number of premature complaints referred back to Waverley and the number of complaints investigated by the Ombudsman in 2012/13.

Complaints received in 2012/13

Housing Benefits and tax

Planning

Corporate and other services

Env services

Other Total

Premature complaints

4 1 0 0 0 0 5

Resubmitted premature complaints forwarded to investigative team

2 0 0 0 0 0 2

New complaints forwarded to investigative team

3 3 3 0 1 0 10

Total number investigated by LGO

5 3 3 0 1 0 12

Waverley’s approach in dealing with Ombudsman’s enquiries 7. All Ombudsman complaints are investigated by the Chief Executive. Every effort is

made to provide as comprehensive a response as possible to these initial enquiries. This gives the Ombudsman confidence in the Council’s management of complaints, and in most cases avoids the need for further correspondence. Working relations with the Ombudsman’s office continue to be good.

8. Waverley is committed to learning from complaints, and once an Ombudsman’s

investigation has been completed, a note on lessons learned is given to the appropriate Head(s) of Service. If necessary, administrative systems are reviewed and staff briefed on how to avoid similar complaints arising in the future. Improving the learning process continues to be one of the Corporate Governance Service’s priorities.

Timescales in dealing with the Ombudsman’s enquiries 9. The table below gives Waverley’s response times in 2012/13 and in the previous

three years:

Year No of first enquiries

Average number of days to respond

2012/13 3 27.3

2011/12 8 25.5

2010/11 5 22.0

2009/10 4 23.0

Outcome of complaints made about Waverley’s services in 2012/13

10. At the beginning of 2011/12 the Ombudsman changed the classification of

complaint outcomes so that the descriptions of the Ombudsman’s decisions followed more closely the wording in the Ombudsman’s governing legislation (part 3 of the Local Government Act 1974) and add greater precision. These outcomes are as follows:

o Out of Ombudsman’s jurisdiction o Not to initiate an investigation (formerly Ombudsman’s discretion) o To discontinue investigation – injustice remedied (formerly local settlement) o To discontinue investigation (formerly Ombudsman’s discretion) o Investigation complete, satisfied with authority’s actions, not appropriate to

issue a report. o Investigation complete – report issued.

11. Where the Ombudsman decides there has been maladministration on the part of a

local authority, he/she will issue a formal report. There have been no formal Ombudsman reports on complaints about Waverley’s services in the past 15 years.

12. In 2012/13 the Ombudsman reached a decision in 12 complaints about Waverley’s

services. In seven cases the Ombudsman decided not to initiate an investigation, two were considered to be outside the jurisdiction of the Ombudsman and in the remaining three cases, a decision was taken to discontinue the investigation following action by Waverley to resolve the complaint. Detailed information on the outcome of these three complaints is set out in Annex 2.

Recommendation That Corporate Overview & Scrutiny Committee notes the information in the report and passes on any observations on the issues raised to the Executive.

Background Papers (CEX) Local Government Ombudsman’s annual letter to Waverley for 2012/13 dated 16 July 2013.

CONTACT OFFICERS: Name: Mrs Sue Petzold Telephone: 01483 523202. E-mail: [email protected] Mr Robin Pellow Telephone: 01483 523222 E-mail: [email protected]

16 July 2013 By email Ms Mary Orton Chief Executive Waverley Borough Council Dear Ms Orton Annual Review Letter I am writing with our annual summary of statistics on the complaints made to the Local Government Ombudsman (LGO) about your authority for the year ended 31 March 2013. This year we have only presented the total number of complaints received and will not be providing the more detailed information that we have offered in previous years. The reason for this is that we changed our business processes during the course of 2012/13 and therefore would not be able to provide you with a consistent set of data for the entire year. In 2012/13 we received 12 complaints about your local authority. This compares to the following average number (recognising considerable population variations between authorities of a similar type): District/Borough Councils- 10 complaints Unitary Authorities- 36 complaints Metropolitan Councils- 49 complaints County Councils- 54 complaints London Boroughs- 79 complaints Future development of annual review letters We remain committed to sharing information about your council’s performance and will be providing more detailed information in next year’s letters. We want to ensure that the data we provide is relevant and helps local authorities to continuously improve the way they handle complaints from the public and have today launched a consultation on the future format of our annual letters. I encourage you to respond and highlight how you think our data can best support local accountability and service improvements. The consultation can be found by going to www.surveymonkey.com/s/annualletters LGO governance arrangements As part of the work to prepare LGO for the challenges of the future we have refreshed our governance arrangements and have a new executive team structure made up of Heather Lees, the Commission Operating Officer, and our two Executive Directors Nigel Ellis and Michael King. The Executive team are responsible for the day to day management of LGO.

ITEM 11 – APPENDIX E ANNEXE 1

http://www.surveymonkey.com/s/annualletters

Since November 2012 Anne Seex, my fellow Local Government Ombudsman, has been on sick leave. We have quickly adapted to working with a single Ombudsman and we have formally taken the view that this is the appropriate structure with which to operate in the future. Our sponsor department is conducting a review to enable us to develop our future governance arrangements. Our delegations have been amended so that investigators are able to make decisions on my behalf on all local authority and adult social care complaints in England. Publishing decisions Last year we wrote to explain that we would be publishing the final decision on all complaints on our website. We consider this to be an important step in increasing our transparency and accountability and we are the first public sector ombudsman to do this. Publication will apply to all complaints received after the 1 April 2013 with the first decisions appearing on our website over the coming weeks. I hope that your authority will also find this development to be useful and use the decisions on complaints about all local authorities as a tool to identify potential improvement to your own service. Assessment Code Earlier in the year we introduced an assessment code that helps us to determine the circumstances where we will investigate a complaint. We apply this code during our initial assessment of all new complaints. Details of the code can be found at: www.lgo.org.uk/making-a-complaint/how-we-will-deal-with-your-complaint/assessment-code Annual Report and Accounts Today we have also published Raising the Standards, our Annual Report and Accounts for 2012/13. It details what we have done over the last 12 months to improve our own performance, to drive up standards in the complaints system and to improve the performance of public services. The report can be found on our website at www.lgo.org.uk Yours sincerely

Dr Jane Martin Local Government Ombudsman Chair, Commission for Local Administration in England

http://www.lgo.org.uk/making-a-complaint/how-we-will-deal-with-your-complaint/assessment-code

http://www.lgo.org.uk/

1

Details of complaints where injustice remedied during or after completion of investigations in 2012/13

Details of complaint Outcome Lessons Learned/Action Taken

The Council acted unreasonably in seeking to recover a debt of £730.60 overpaid housing benefit dating back to 2005, and did not provide adequate evidence that the debt was due.

Council accepted that there had been a considerable delay in recovering the remaining debt, and accepted that resumption of recovery action after almost three years had caused distress. Therefore agreed to accept a reduction of 50% in the debt owed, to be paid in five installments.

Need to keep under closer review recovery of overpaid benefit.

The Council misled the complainant into believe it would pay for a new stair lift she had installed in her home without first receiving formal notification from the Council that she would receive a disabled facilities grant . The Council subsequently refused to refund her for the full cost of the lift but had offered £850 towards the cost of the lift which the complainant thought was inadequate.

Ombudsman concluded that offer of £850 towards cost of list reasonable. Also accepted Council’s recognition that application process could be improved.

Application process improved to provide greater clarity for those enquiring about a disabled facilities grant. Also change made to process to ensure that referral forms sent electronically to County Council’s Social Care Team so an automatic confirmation of receipt could be sent.

Council failed to properly investigate complaint about noise nuisance caused by animals on neighbour’s land.

Council agreed to open a new investigation into noise because there appeared to have been a material change in the situation.

None.

ITE

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AN

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2

ITEM 12 - APPENDIX F



23 SEPTEMBER 2013

Title:

PERFORMANCE MANAGEMENT REPORT QUARTER 1 2013/14 (APRIL – JUNE 2013)


Summary and purpose:

Waverley’s Performance Management Framework (PMF) contains a number of indicators that assist Members and officers in identifying current improvement priorities and progress against targets.

The indicators in Waverley’s PMF are reviewed quarterly by the Executive on an exceptions basis (only significant under or over performance is reported).

Annexe 1 details performance against the indicators that fall within the remit of the Corporate Overview & Scrutiny Committee. The figures in the report relate to the first quarter of the 2013/14 financial year. The Housing performance indicators have been considered by the Housing Improvement Sub-Committee, and their observations and recommendations are included in Annexe 1.

The Committee is asked to consider these figures and make recommendations to the Executive on 1 October 2013.

How this report relates to the Council’s Corporate Priorities:

Waverley’s Performance Management Framework, and the active management of performance information, help ensure that Waverley delivers its Corporate Priorities.

Equality and Diversity Implications:

No direct implications.

Resource/Value for Money implications:

There are no resource implications in this report. Active review of Waverley’s performance information is an integral part of the corporate performance management process, enabling the Council to improve Value for Money across its services.

Legal Implications:

Some indicators are based on statutory returns which the council must make to Central Government.

Introduction

1. Waverley’s Performance Management Framework (PMF) contains a number of indicators that assist Members and officers in identifying current improvement priorities and progress against the objectives.

2. Annexe 1 to this report details performance in Quarter One of 2013/14 (April – June 2013) against the indicators that fall within the remit of this Committee. New Housing Property Services Performance Indicators have been presented since Quarter Two of 2012/13 to reflect new contract arrangements.

3. The Housing part of the performance report is reported to the Housing Improvement Sub-Committee which will make observations and recommendations to the main Committee. The Housing Improvement Sub-Committee met on 9 September and their comments on the indicators are included in Annexe 1.

4. The remainder of the Performance Indicators that fall under the remit of the Corporate Overview & Scrutiny Committee (covering Finance, Revenues & Benefits, HR and Complaints) are reported direct to the main Committee meetings. Heads of Service or other representatives will attend to provide Members with background information and plans for improvement if necessary.

5. Changes to Performance Indicator NI181: Time taken to process Housing Benefit/Council Tax Benefit new claims and change events

The Department for Work and Pensions has changed the way it monitors performance relating to Housing Benefit and Council Tax support.

The old NI181 was a combined measure of the time taken to process Housing Benefit/Council Tax Benefit new claims and change events. This indicator has been replaced with ‘speed of processing’ which comprises two new measures that show new claims and changes of circumstances separately and do not include a combined measure. The statistics include the volumes of claims, changes and the total days to process new claims and changes of circumstances.

‘Speed of processing’ measures the average times to process a new Housing Benefit or Council Tax Support claim or a change in circumstance of an existing Housing Benefit or Council Tax Support claim.

The old NI181 has been broken down into 2 figures:

Time taken to process Housing Benefit and Council Tax Support new claims.

Time taken to process Housing Benefit and Council Tax Support change events.

Based on last year’s volumes (2012/13), the old target of 10 days for the combined figures of NI181 equates to a new target of 20 days for new claims and 9 days for changes.

It is therefore proposed that the old Performance Indicator NI181 be deleted and replaced by two new Performance Indicators;

NI181a - Time taken to process Housing Benefit and Council Tax Support new claims, with a target of 20 days, and

NI181b - Time taken to process Housing Benefit and Council Tax Support change events, with a target of 9 days.

6. The recommendations and any comments of the Corporate Overview & Scrutiny Committee will be reported to the Executive on 1 October 2013.

Recommendation

That Corporate Overview & Scrutiny Committee considers the performance figures for Quarter 1 of 2013/14 and the observations and recommendations from the Housing Improvement Sub-Committee as set out in Annexe 1 and:

1) notes the Quarter 1 performance figures, attached as Annexe 1, including the observations of the Housing Improvement Sub-Committee;

2) recommends to the Executive that NI181: ‘Time taken to process Housing Benefit/Council Tax Benefit new claims and change events’ is replaced with two new Indicators, NI181a and NI181b to measure the speed of processing new claims and change events separately; and

3) makes any observations or recommendations about performance and progress towards targets to the Executive.

Background Papers (CEx)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

CONTACT OFFICER: Name: Steve McCloskey Telephone: 01483 523514 Email: [email protected]


[1]

CORPORATE OVERVIEW AND SCRUTINY QUARTER 1 (April-June) 2013/14 PERFORMANCE REPORT

on target up to 5% off target !more than 5% off target ? data not available - data only / no target / not due

2011/12 2012/13 2013/14

Ref Description What is Good Performance?

Q2 Q3 Q4 Year Outturn

Q1 Q2 Q3 Q4

Year Outturn

Q1 Quarterly Target

Notes

Value Value Value Value Value Value Value Value Value Value Value

FINANCE

- LI 13a

Take-up of Benefits in target groups - Number of pensioners receiving Housing or Council Tax Benefit

Higher is better

5,308 5,297 5,267 5,267 5,251 5,260 5,269 5,256 5,256 5,236 No target set

- LI 13b

Take-up of Benefits in target groups - Number of families receiving Housing or Council Tax Benefit

Higher is better

1,789 1,744 1,830 1,830 1,867 1,873 1,868 1,844 1,844 1,880 No target set

- LI12 Housing benefits security - number of prosecutions and sanctions.

No target 4 5 13 25 3 1 2 3 9 (total

for year) 3 No target set

April: 3 prosecutions; May & June: No sanctions

NI 181

Time taken to process Housing Benefit/Council Tax Benefit new claims and change events

Lower is better 11.0 9.0 5.7 8.7 10.3 13.0 11.0 days 10.0 days 11.0 days

See new indicators

below 10.0 days

NEW

NI 181a

Time taken to process Housing Benefit and Council Tax Support new claims

Lower is better New Indicator to replace NI181 from Q1 2013/14 (as reported to March 2013 O&S) 19.7 days 20 days

(suggested)

April: 19 days May: 18 days June: 22 days (July: 14 days)

!

NEW NI181

b

Time taken to process Housing Benefit and Council Tax Support change events

Lower is better New Indicator to replace NI181 from Q1 2013/14 (as reported to March 2013 O&S) 10 days 9 days

(suggested)

April: 8 days May: 13 days June: 9 days (July: 6 days)

LI5 % of invoices paid within 30 days

Higher is better

99.91% 99.79% 99.81% 99.64% 99.54% 100% 99.81 99.75% 100.00% 99.0%

LI5b % of invoices from small and/or local businesses paid within 10 days

Higher is better

91.69% 95.77% 94.46% 93.79% 90.79% 92.47% 94.62 92.92% 91.46% 95.0%

LI6a % of Council Tax collected Higher is

better 59.8% 88.2% 99.0% 99.0% 31.0% 59.8% 88.5% 99.2% 99.2% 30.7%

99.0% (annual target)

24.8% is Q1 target

LI6b Percentage of Non-domestic Rates Collected

Higher is better

58.7% 86.9% 98.2% 98.2% 32.5% 60.6% 88.7% 99.1% 99.1% 32.4% 99.0% (annual target)

24.8% is Q1 target

LI7

% of eligible claims (received at the counter completed and with all evidence) processed within 5 days.

Higher is better

100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 95.0%

! LI8

Average annual rate of return on Council Investments above market rates

Higher is better

0.49% 0.27% 0.16% 0.36% 0.15% 0.12% 0.17 (to

15/02/13) 0.87% 0.87% 0.16% 0.25%

ITEM 12 – APPENDIX F ANNEXE 1

[2]

2011/12 2012/13 2013/14



Q1 Q2 Q3 Q4

Year Outturn

Q1 Quarterly Target

Notes


DEMOCRATIC AND LEGAL SERVICES

- LI 1a Number of Level 3 (CEx) and Ombudsman Complaints received

No target. 12 14 10 51 14 12 15 14 55 10 No target set.

- LI 1b Total number of complaints received

No target. 55 51 53 214 86 86 80 123 252 136 No target set.

ORGANISATIONAL DEVELOPMENT

LI2 Working Days Lost Due to Sickness Absence

Lower is better 1.03 1.14 1.18 4.55 0.83 0.98 0.97 1.53 4.31 1.16 1.38

! LI2c

Staff Turnover - All leavers as a % of the average number of staff in a period

“Goldilocks” (Not too high, not too low)

2.22% 0.98% 1.94% 7.11% 4.14% 3.42% 5.71% 1.83% 15.1% 3.3% 2.5% 15 leavers, average 456 staff

LOD1

Number of volunteering days taken through Employee Volunteer Scheme

Higher is better

73.5 100.5 22 100.5 9.5 47 28.5 9 94 57.5

100 (this is the target for the calendar

year)

HOUSING SERVICES

LHO1

a Percentage of estimated annual rent debit collected

Higher is better

50.00% 75.00% 98.95% 98.95% 25.00% 49.00% 73% 98.89% 98.89% 24.68% 24.65% 98.60% (annual target)

LHO1

b

Total current tenants’ rent arrears as a percentage of the total estimated gross debit

Lower is better 1.07% 0.93% 0.82% 0.82% 0.89% 1.66% 1.23% 1.01% 1.01% 1.08% 1.10%

LH01c

Total former tenants rent arrears as a percentage of the total estimated gross debit

Lower is better 0.35% 0.40% 0.36% 0.36% 0.37% 0.36% 0.38% 0.34% 0.34% 0.36% 0.50%

LHO2

a Percentage of tenants with more than 7 weeks arrears

Lower is better 1.85% 1.58% 1.44% 1.44% 1.33% 1.60% 1.93% 2.08% 2.08% 1.93% 2.90% 91 tenants

LHO2

b

Percentage of tenants in arrears who have been served with a Notice Seeking Possession (NoSP)

Lower is better 3.25% 3.42% 3.98% 2.56% 3.07% 1.25% 2.38% To follow 1.06% 2.45% 50 notices served in Q1.

LHO2

c Percentage of tenants evicted due to rent arrears

Lower is better 0.00% 0.05% 0.04% 0.02% 0.00% 0.00% 0.04% 0.06% 0.02% 0.05% One eviction in Q1.

! LHO3

a

Average number of calendar days taken to re-let local authority housing

Lower is better 23 19 23 22.75 24 30 28 29 28 37 22 Please refer to Void Project 20 Report

! New Average number of working days taken to re-let ‘normal void’

Lower is better New Indicator from Q1 2013/14 38 51 20 Please refer to Void Project 20 Report

LHO5

Housing advice service: Homelessness cases prevented per 1,000 households (Cumulative)

Higher is better

2.58 3.02 3.10 3.10 2.94

2.86 (5.8 for year to date)

2.42 (8.22 for year to date)

3.02 11.24 2.86 3.27

(Annual target)

NI

156

Number of households living in temporary accommodation

Lower is better 4 2 2 2 4 4 3 1 1 1 10

! NI 158

% non-decent council homes

Lower is better 30.2% 27% tbc 26% tbc 20% (Annual

target)

[3]

2011/12 2012/13 2013/14



Q1 Q2 Q3 Q4

Year Outturn

Q1 Quarterly Target

Notes


LHM2

Percentage of annual boiler services and gas safety checks undertaken on time.

Higher is better

99.98% 99.99% 90.67 99.82% 99.89% 99.98% 99.98% 99.73% 100%

10 outstanding as at 30 June 2013. All checks now completed

- LHM

4

Overall tenant satisfaction with the repairs service they received.

Higher is better

98.10% 95.86% 99% See new Contract KPI below 98.5% Previous PI for comparison with new Contract KPI.

- RR01 Responsive Repairs: How would you rate the overall service you have received?

Higher is better

New Indicator from Q2 2012/13

80% excellent 18% good 2% fair, 0.25%

poor (2)

82% excellent 14% good 3% fair, 1% poor

(11)

84% excellent 13% good

3% fair 1% poor

(8)

86% excellent

11% good 2% fair

1% poor (8)

Based on 614 returns

- RR02 Responsive Repairs: Was the repair completed right first time?

Higher is better

New Indicator from Q2 2012/13 97% 96% 97% 98% Based on 614 returns

- RR03

Responsive Repairs: Were you offered an appointment that was suitable for you?

Higher is better

New Indicator from Q2 2012/13 96% 97% 97% 96%w Based on 614 returns

- RR04

Responsive Repairs: Did the tradesperson arrive within the two-hour appointments slot?

Higher is better

New Indicator from Q2 2012/13 97% 98% 98% 97% Based on 614 returns

- PW01 Planned Works: How would you rate the overall service you have received?

Higher is better



6% fair 0% poor

84% excellent

13.5% good 2.5% fair 0% poor


- PW02 Planned Works: How would you rate the work that was carried out?

Higher is better



5% fair 0% poor

82% excellent

15% good 3% fair

0% poor


Comments from the Corporate Overview & Scrutiny Housing Improvement Sub-Committee, 9 September 2013 LHO1a Percentage of estimated annual rent debit collected The Sub-Committee noted the continued good collection rate on rents due, particularly given the current economic climate. Waverley continued to be in the top quartile of English local authorities on this performance indicator. LHO1b Total current tenants’ rent arrears as a percentage of the total estimated gross debit Officers advised that when tenants fell into arrears on rent payments the Council made early contact in order to understand their problems, offer appropriate advice and try to prevent arrears increasing to the level where legal action was required. However, if this stage was reached the Council would take action to serve a Notice Seeking Possession, and if necessary evict a tenant. LHO2c Percentage of tenants evicted due to rent arrears It was noted that there had been one eviction due to rent arrears in the first quarter. New PI Average number of working days taken to re-let ‘normal void’ The performance on voids continued to be a concern, and the Sub-Committee noted that a new project (Project 20) had been set up to review the entire voids management process and to ensure that procedures and IT systems in Waverley and Mears supported the process. A separate report on Project 20 was on the agenda, but it was noted that implementation of new processes would not begin until 7 October, which was the start of the third quarter. LHO5 Housing advice service: Homelessness cases prevented per 1,000 households (Cumulative)

NI156 Number of households living in temporary accommodation Waverley’s Homelessness team continued to perform well in minimising the number of homelessness cases, and the number of households living in temporary accommodation.

[4]

LHM2 Percentage of annual boiler services and gas safety checks undertaken on time. The Sub-Committee noted that the Gas Safety Checks indicator (LHM2) had fallen below 100% at the end of the first quarter, with 10 checks outstanding. However, these had now been completed. New KPIs Tenant Satisfaction with the Repairs Service and Planned Maintenance Service. The Sub-Committee reviewed the key performance data on tenant satisfaction provided by Mears for responsive repairs and planned maintenance. At its meeting in June, the Sub-Committee had been concerned about the reliability of the very high level of tenant satisfaction recorded by Mears regarding the responsive repairs and planned maintenance service. The indicators continued to be very positive for the first quarter 2013/14, and Members discussed how the data was collected. Officers reported that approximately 800 - 1,000 repairs are completed each month, although the first quarter satisfaction data was based on only 614 returns – a response rate of 20-25%. Paul Blizzard advised that this compared favourably with Mears’ contracts in other areas. The Sub-Committee noted that Waverley Homes and People had been used to raise awareness amongst tenants of the importance of providing feedback, and there had been no phone calls from tenants saying that they had not had an opportunity to complete a satisfaction survey. It was noted that the views of the tenants were collected by the Mears operative at the end of each repair on a handheld electronic notepad. Members felt that older tenants may not like using the electronic notepad, which had a very small screen; and also that the survey was being completed before the tenant had time to find any snags with the work done. It was possible that leaving a pre-paid post card for the tenant to complete and return in their own time might result in more reliable feedback. However, it was accepted that many tenants would simply forget to complete the postcard, particularly if they had no complaints. It was also suggested that the electronic survey may be completed by the operative, and given to the tenant to sign as if they are confirming that the work has been completed, rather than indicating satisfaction. The Sub-Committee noted that officers were reviewing and developing a new set of key performance indicators, and these would be presented at the next meeting of the Sub-Committee for consideration. The Sub-Committee RESOLVED to note the performance indicators for the first quarter 2013/14, and that a new set of indicators was being developed; and agreed that a review of the method of collecting customer satisfaction feedback was needed to ensure that it was customer friendly and the data collected could be relied upon.

ITEM 13 - APPENDIX G



23 SEPTEMBER 2013

Title:

TREASURY MANAGEMENT ACTIVITY - YEAR-TO-DATE 2013/2014 [Portfolio Holder for Finance: Cllr Mike Band]

[Wards Affected: N/A]

Summary and purpose: The purpose of this report is to advise the Committee of Waverley’s Treasury Management activities to date in 2013/2014.

How this report relates to the Council’s Corporate Priorities: The management of Waverley’s cash is a key function that helps ensure sufficient funds are available to provide services and pay the Council’s commitments. Equality and Diversity Implications: There are no implications arising from this report. Resource and legal Implications: There are no direct resource implications and any financial areas are covered in the report.

Introduction and Background 1. The Corporate Overview and Scrutiny Committee has been charged with reviewing

treasury management operations periodically. Members have asked that reports include some of the key activity information relating to treasury management in graphical form.

2. Waverley’s Treasury Management Policy accords with the existing Chartered

Institute of Public Finance and Accountancy’s (CIPFA’s) Code of Practice on Treasury Management in the Public Services.

Treasury Activity 3. Officers have prepared four graphs that illustrate the current investment activity.

The table below gives a brief description of each graph. The figures are based on the total external investments held on 22nd August 2013 of £46.9 million which compares with £36.5 million held at 28th August 2012.

Annexe Number Description of graph Comments

Annexe 1 Plots the total balance of external investments held throughout the year compared to the previous year

A broadly similar pattern to 2012/13 is evident as major income streams (council tax) and expenditure streams (precept payments) continue in the same pattern . However, since the HRA reform to date the HRA has been generating increased surpluses which have been invested.

Annexe 2 Shows cumulative investment performance compared with bank base rate and market rate for 3 month term obtained daily from the market

This graph shows % performance has broadly remained static at around 0.67% during most of the year to date. This is lower than in 2012/13 due to the continuing decline of market rates. Whereas the 3 month market is where Waverley has pitched most of its investment activity in recent years, the relative stability of our investment counterparties has allowed Waverley to invest in a few longer-term transactions, where secure to do so, to attract better rates of interest. The average 3 month LIBOR rate to date is around 0.51%. Waverley’s target rate is 0.25% above LIBOR, 0.76%, and current performance is 0.67%.

Annexe 3 Shows the maturity profile of Waverley’s current investment holding.

Waverley’s practice has been to invest on shorter periods in light of the uncertainty in the banking market. However, Waverley has taken advantage of a few longer-term transactions to improve rates of return. The graph illustrates this.

Annexe 4 Shows the approved ratings of Waverley’s current investments. The letter indicates the latest credit rating and the “stable” or “negative” shows the future outlook rating judgment of Waverley’s preferred rating agency.

This graph shows that current investments fall within Waverley’s policy of A rated. All investments are fixed rate and fixed period, with the exception of “call’ money.

Investment Performance

4. The Local Performance Indicator LI8, which relates to investment performance, is shown below and indicates that cumulative performance continues to compare closely to the agreed target.

Full Description of PI

2012/13 Actual

2013/14 Target

2013/14 Performance to 22/08/13

Average rate of return on the Council’s Investments compared with the Sterling Interbank 3-month rate

0.16% above the average Sterling Interbank 3-month rate

0.25% above the average Sterling Interbank 3-month rate

0.16% above average Sterling Interbank 3-month rate

Note: Despite the unchanging base rate, the sterling interbank 3 month rate has reduced

but has reduced more slowly than market rates. This fact, along with the target being set 0.25% above the LIBOR rate at a time when base rate itself is only 0.50% means that achieving the target rate will be challenging. Members should note also that in terms of £ yield the 2013/14 budget monitoring indicates that budget (£475,000) will be under-achieved by some £30,000 based on the current position – an improvement over recent months.

Recommendation That Corporate Overview & Scrutiny Committee notes the investment activity and performance in 2013/14, and passes any observations it may wish to make to the Executive.

Background Papers: There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

CONTACT OFFICER: Name: Graeme Clark Telephone: 01483 523099

Head of Finance E-mail: [email protected]

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ITEM 13 - APPENDIX G - ANNEXE 1

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Documents

Waverley Borough Council Council ... - Waverley Council · Cllr Maurice Byham Cllr Ian Sampson Cllr Nick Williams Cllr Brett Vorley Dear Councillor A meeting of the CORPORATE OVERVIEW