Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendations

1.    That Cabinet note the content of the report and the outcomes to date of the existing schemes.

2.    That Cabinet agrees to progress Option 3 and commence consultation within the existing areas with a view to developing further designations which would commence after the current scheme has ended, and the development of the place based plans and consultation is complete.

Consideration was given to the report which asked Cabinet to consider opening a public consultation on further selective licensing schemes. There had been two periods of Selective Licensing in Rotherham between 2015-2020 and 2020-2025. The report detailed some of the outcomes of the current Scheme along with the criteria and conditions under which Selective Licensing designations could be made, together with the proposed process to deliver a robust area-based consultation.

Rotherham’s two Selective Licensing schemes, 2015 to 2020 and 2020 to 2025 were declared on the criteria of ‘low demand’ and ‘deprivation’ respectively. Areas of Eastwood, Ferham, Maltby and Dinnington had been subject to both schemes and had been under licence for 10 years. Before considering if further declarations were desirable or justified, it was necessary to consider the outcomes of both local schemes, the national research and updated government guidance as well as the recommendations made following a scrutiny review by the Improving Places Select Commission.

The Selective Licensing regime itself, provided very limited additional powers above what was available in existing legislation. However, it did provide some useful tools upon which the Council could better regulate the private rented sector. In particular, mandatory licensing of properties forced owners to identify themselves with their rented properties being subject to a suite of additional conditions which supplemented the powers available in the Housing Act 2004. Moreover, each licensed property was subject to inspections to check compliance with minimum legal standards, with powers available to revoke the licence where there was poor management, or the licence holder was found not to be a ‘fit and proper person’. There were however a number of limitations to these powers, which had to be appreciated before a declaration was progressed, including revocation, empty properties, Anti-social behaviour (ASB) and criminality, tenant references and the ‘fit and proper person’ test. Further information on the limitations and advantages was provided at Appendix 1.

The previous Selective Licensing schemes had focussed strongly on the inspection of properties and enforcement. The aim had been to improve the legal standards of repair and management in the private rented sector in order to protect the health of tenants. In this regard both schemes had been a great success. The first scheme identified and rectified levels of disrepair, finding Category 1 or high Category 2 hazards present on 90% of initial inspections. The current scheme had found levels of actionable disrepair or poor management in over 68% of initial inspections of properties. Working with local landlords and through significant levels of enforcement, these deficiencies had been resolved. These improvements had undoubtedly improved the health and lives of tenants.

It was proposed that any new declarations should be informed by the consultation feedback from residents, partners and stakeholders, in addition to the data and evidence relating to the place’s challenges and opportunities, which would form part of the wider place-based working approach. The criteria for the proposed Selective Licensing declaration would highlight relevant aspects of the identified problems which could be addressed through any wider partnership approach, which should also satisfy the requirement set by the Improving Places Scrutiny Commission as referred to in paragraph 1.8.

Resolved:

1.    That Cabinet note the content of the report and the outcomes to date of the existing schemes.

2.    That Cabinet agrees to progress Option 3 and commence consultation within the existing areas with a view to developing further designations which would commence after the current scheme has ended, and the development of the place based plans and consultation is complete.