Agenda item

Training Session

Members of the Democratic Renewal Scrutiny Panel have been invited for this item at approximately 10.30 a.m.

Steve Clarke, Legal Officer, and Jenny Swales, Anti-Social Behaviour Officer, attended the meeting in order to give Members an overview of the Introductory Tenancy Review Panels.

 

Steve gave the following powerpoint presentation:-

 

Types of Tenancies

-        Introductory Tenancies

-        Secure Tenancies

-        Most RMBC Tenancies are secure

-        “Secure” because if the tenant complies with the terms of the Tenancy Agreement s/he can keep the tenancy for as long as s/he wishes

 

Introductory Tenancies

-        Introduced as a tool to tackle anti-social behaviour (but could be used for any breach of tenancy) e.g.

o       Selling drugs/drug abuse

o       Threats/use of violence

o       Verbal abuse/harassment/racial abuse

o       Loud music

o       Arguing/door slamming

o       Threats/damage to others property

 

-        Adopted by Rotherham from October, 2003

 

-        All new tenants must be Introductory Tenants (unless immediately before the start of the tenancy they were a secure tenant of another local authority or assured tenant of a Housing Association)

 

-        12 months ‘trial period’

 

-        If no breaches of Tenancy Agreement, tenant automatically became secure tenant after 12 months

 

-        No security, no Right to Buy

 

-        To end the tenancy, RMBC must serve the tenant with a Notice of Proceedings for Possession (NPP)

 

-        Inform the tenant that s/he has the right to request a review of the decision to seek a Possession Order and the time in which the request must be made i.e. 14 days from date tenant served with the NPP

 

-        Inform the tenant that if s/he needs help or advice about the NPP, s/he should take it immediately to CAB/Housing Aid Centre/Law Centre/Solicitor

 

-        Personal service or post through letter box

 

-        Review – if tenant wants an oral hearing s/he has to request it within 14 days of receipt of NPP.  NB request need not be in writing

 

-        Oral hearing conducted by Elected Members

-        Tenant has to be given at least 5 days notice of the date of the review hearing – if less than 5 days notice given, hearing can only proceed with consent of tenant/representative

 

-        Prior to the hearing, tenants will be supplied with the written evidence relied on by RMBC.  This may include:-

 

o       Chronology of events

o       Witness statements from officers (which may include hearsay from unidentified complainants)

o       Witness statements from identified complainants

 

-        Members of the Review Panel follow the procedure but can deviate from this in order to ensure a tenant has a fair hearing as long as the following principles are maintained:-

o       Tenant can be heard and hear evidence against them

o       Be accompanied and/or represented by another person (professionally qualified or not) – a representative has the same rights as the tenant

o       Call persons to give evidence

o       Put questions to any person who gives evidence at the Review Panel (but not witnesses who have not attended but have statements)

o       Make representations in writing

 

-        Guidance suggests reviews should be conducted as far as practicable as an ‘inquisitorial’ hearing rather than as a Court style ‘adversarial’ hearing

 

-        Make tenant/representative aware at outset as to how Members intend to conduct the review

 

-        Vulnerable tenants need special consideration

 

-        Officers should have made early contact with support agencies to explore solutions/additional support rather than immediately evict

 

-        Be aware of different cultures/languages

 

-        Members of the Review Panel must:

o       Review the evidence before them

o       Disregard any evidence that is not credible or irrelevant

o       Check the NPP is valid

o       Decide on balance of probabilities (i.e. more probable than not) whether tenant has breached terms of Tenancy Agreement

 

-        If proper notice of the review hearing is given to the tenant but the tenant does not attend, Members must take into account all the circumstances (including any explanation given for the tenant’s absence) and can either:-

• Proceed in the tenant’s absence or
• Give directions re. future conduct of review

 

-        If tenant requests a postponement of the hearing, Members can grant or refuse as they see fit – they should provide reasons if they refuse

 

-        The hearing can be adjourned at the request of tenant/representative or if Members wish to adjourn –but the same members must sit at the adjourned hearing or there has to be a complete re-hearing.  Can have 1 of the original Members missing but only with the consent of the tenant/representative

 

-        Review must be carried out and tenant supplied with written reasons before date specified in NPP i.e. date after which Possession Proceedings can be begun

 

-        A written decision letter must be served on the tenant which clearly sets out:-

• What evidence was heard
• Which facts were established as agreed
• Which facts were in dispute and
• The findings of the Review Panel and the reasons for the findings

 

-        If the tenant fails to vacate the property, the Council must apply for a Possession Order

 

-        Possession Proceedings must be issued in the County Court before the end of the 12 month trial period otherwise the introductory tenancy will automatically become a secure tenancy

 

-        Court must order possession if we prove:-

o       The tenant was an IT

o       The NPP was valid (and review properly carried out if requested)

o       Court Proceedings were begun after the date stated in the NPP

 

-        Court can only postpone possession for up to 14 days (or up to 6 weeks in cases of “exceptional hardship”

 

-        If the review upheld service of the NPP, the only viable way of challenge is by Judicial Review

 

-        Application High Court

 

-        No reasonable authority could have come to that decision, failure to conduct hearing properly, failure to give proper reasons

 

Extending the Introductory Tenancy

-        Extension of 12 months trial period by further 6 months so total of 18 months

 

-        Introduced in June, 2005

 

-        Used for minor breaches e.g.

o       Occasional noise

o       Minor damage to home

o       Upkeep of home/gardens

 

-        Service notice of extension at least 8 weeks before the end of 12 months trial period

 

-        Notice must give reasons and deal with review procedure

 

-        Tenant must request review within 14 days of service of Notice

 

-        Oral/written review

 

-        Must give tenant at least 10 clear days notice of date of review and if oral review, time and place

 

-        Tenant must supply any written representations to RMBC at least 2 clear days before the date of the review

 

-        Same rights for tenant as in review of NPP

 

Discussion ensued on the presentation with the following issues raised/highlighted:-

 

§         The NPP leaflet was in need of updating

§         Not all Notices were served by Anti-Social Behaviour Officers; some were by 2010 Rotherham Ltd.

§         Normally when a tenant signed the Tenancy Agreement any difficulties they may have with reading etc. were raised

§         Should the application form for housing be revised to take account of the above-mentioned point?

§         The tenant’s Ward Members would not be included on a Review Panel.  Should the tenant have any reasonable objections to the make up of the Panel they would be facilitated

§         Wherever possible papers relating to a Review Panel were hand delivered rather than posting through a letter box

§         Paperwork presented to Court was different to that submitted to a Review Panel.  Once the Panel had made a decision, the Judge had no option but to concur

 

It was noted that a number of issues had been raised at a previous Review Panel hearing which had been through to the Service Solicitor and 2010 Rotherham Ltd.

 

Jenny and Steve were thanked for their presentation.

 

Resolved:  (1)  That 2010 Rotherham Ltd. be informed of the Panel’s views with regard to the need to update the NPP leaflet.

 

(2)  That a report be submitted to the Panel on the outcome of the issues raised at a previous Review Panel.