Agenda item

Cabinet Portfolio:                 Housing

Strategic Directorate:           Regeneration and Environment

Consideration was given to a report which was due to be considered by the Cabinet and Commissioners’ Decision Making Meeting on 6 August 2018 submitted by the Strategic Director of Regeneration and Environment which proposed the future designation of Selective Licensing areas in Parkgate and Thurcroft.

It was reported that Selective Licensing was the licensing of privately rented housing in a specific area with the aim of improving management standards. Where the Council designates an area, landlords must obtain a licence and comply with conditions, or face legal action including prosecution and financial penalties. Members noted that Selective Licensing was an important tool for the Council and partners, to drive improvements not only in the safety of homes, but to contributory issues related to deprivation.

The data in the report identified areas of Rotherham in Thurcroft and Parkgate, which met the criteria, were within the 20% most deprived areas of England, and additionally had high levels of private rented housing. The report recommended consultation on proposals to designate parts of Thurcroft and Parkgate as Selective Licensing areas, which would help combat problems associated with housing and housing conditions within areas of deprivation, and deliver improved health and social wellbeing outcomes for those communities.

Members sought clarification of the definition of “safe” and why Selective Licensing was an aid to the Council. In response, it was confirmed that “safe” covered adequate fire protection and escape routes, the risk of excess cold from poor insulation and similar examples. The Selective Licensing approach enabled the Council to identify where properties were and proactively manage them with landlords. Fundamentally, the scheme was designed to improve people’s outcomes in respect of health and wellbeing, targeting deprivation and changing the standard of properties and the economics associated with those properties.

One member indicated his understanding of the purpose of Selective Licensing to improve the internal workings and features of housing and considered that to be admirable, however he did not consider that there had been much improvement to environmental conditions surrounding housing properties in Eastwood and feedback provided to him by residents had confirmed that view. In response, the Cabinet Member for Housing suggested that it would be useful to circulate the Mid-Term Performance Report in respect of Selective Licensing, given that the authority was two and a half years in. The report set out measurable targets and detailed the progress made. It was confirmed that Selective Licensing on its own was a very specific piece of regulatory power to tackle housing conditions and could not be used for anything else. .

Members sought to understand the difference in powers through Selective Licensing as opposed to environmental health inspections. It was explained that Environmental Health officers would inspect a property where requested, however many tenants did not feel that they could invite an inspection without being victimised by their landlord. It was indicated that this had been a national concern and had been recognised by government, with a review of legislation being undertaken presently. Selective Licensing enables Environmental Health officers to undertake inspections of properties without the tenant having to make such a request in order to check the safety of a property.

A further query was raised in respect of the trigger points for the Council to address issues that cause real concern. In response, it was confirmed by the Cabinet Member that it was becoming harder and harder once landlords become compliant, but he reiterated that the report in front of Members was a proposal to broaden the Selective Licensing scheme, which had improved housing conditions elsewhere in the borough. It was further confirmed by the Assistant Director of Community Safety and Street Scene that powers in respect of statutory nuisance were available to the Council, for example statutory nuisance in respect of noise in a property. However, if such anti-social behaviour occurred in a park, then the Council had limited powers as it would not be seen as a statutory nuisance, but rather a public order problem.  

Members observed that the existing Selective Licensing schemes in the borough had been a success and queried whether the proposals were sufficiently ambitious. In response, it was confirmed that approval from the Secretary of State would be required to expand the scheme beyond 20% of the stock in the borough. However, it was acknowledged that the scheme had been a success, but it was right to proceed with caution in introducing new areas to ensure that improvements were made for the benefit of residents.

Reflecting on the timetable for consultation with residents, landlords and other stakeholders, Members sought assurance that the right people would be consulted and confirmation of the proposed implementation date. It was confirmed that the implementation date would be April 2019 and the intention was to follow the same processes for consultation that had been used for the first Selective Licensing areas. It was further confirmed that drop in sessions would be held in the proposed areas, and specific consultation would take place with tenants, landlords, and councillors and representative associations.

Resolved:-

That Cabinet be advised that the recommendations be supported.