14 01 2004

A MEETING OF THE HOUSING BOARD

WAS HELD ON 14 JANUARY 2004

The Mayor (ex-officio), Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio) (P), Councillors Allen (P), Carter (P), Mrs Cully (P), Edwards (P), Farr (P), Gill (P), Hayward (P), M Russell (P), P Russell (P), Smith (P) and Mrs Wright (Chairman) (P).

25. MINUTES

RESOLVED: That the Minutes of the meeting of the Board held on 3 September 2003 and the Minutes of the extraordinary meetings of the Board held on 16 October 2003 and 1 December 2003 be approved and signed by the Chairman as true and correct records.

PART II

26. A REVIEW OF THE SUB-LETS SCHEME

Consideration was given to a report of the Housing Services Manager (a copy of which is affixed in the Minute Book as Appendix "A").

Members were advised that the Gosport sub-lets scheme had been in operation since 1995. Originally, two Council properties had been made available to an approved agency so that the agency could both manage the property and support the occupant.

At its meeting in September 2000 the Housing Committee had considered the progress of the initiative and approved the expansion of the scheme to twenty units (Council properties).

The scheme had grown in both numbers and special needs groups catered for. To enable the growth in special needs groups catered for, there had been a corresponding increase in the number of agencies that had been approved to take part in the sub-lets scheme.

Since the advent of the Supporting People Agenda (which had been the subject of numerous reports to the Housing Board) there had been some doubt as to the need for the sub-lets scheme. In addition, it was now important that approved agencies taking part in the scheme had the necessary Supporting People finances so that they could support the occupiers to an appropriate level.

Members were advised that the sub-lets scheme had provided a valuable means of entry to permanent social housing for some very vulnerable members of the community who required substantial resettlement help. The sub-lets scheme provided the Council and its partners with the best available safeguards needed to give the vulnerable individuals concerned the chance to succeed.

The current demand in terms of numbers being recommended for the scheme demonstrated that the scheme remained an essential element of the increasingly blurred boundary between supported housing and general needs stock. However, the fact that there were twelve people waiting for a sub-let was cause for concern and tended to undermine one of the two key features of the scheme – that accommodation could be provided quickly when there was a need. It was therefore recommended that the ceiling of sub-lets at any one time in the Council's stock be increased from 20 to 30 units.

Members were advised that, when the scheme commenced, the Council had entered into a license agreement with the approved agency, which in turn entered into a license agreement with the occupier. However, more recent case law had examined these sorts of arrangements on a number of occasions and had concluded that the occupier of the property was in fact a tenant. It had therefore been necessary to amend the existing contract to reflect the fact that a tenancy needed to be created between the Council and the approved agency so that the agency could then offer an assured shorthold tenancy to he occupier.

Members were advised that the existing contract between the Council and the approved agency would benefit from a review and it was therefore recommended that the Housing Services Manager, in consultation with the Borough Solicitor, review the existing contract between the Council and the approved agency.

RESOLVED: That -

(i) approval be given to an increase in the number of sub-lets in existence at any time from 20 to 30 units; and

(ii) delegated powers be given to the Housing Services Manager, in consultation with the Borough Solicitor, to amend the sub-let contract with approved agencies.

27. AMENDMENT TO THE GOSPORT JOINT HOUSING REGISTER ALLOCATIONS POLICY

Consideration was given to a report of the Housing Services Manager (a copy of which is affixed in the Minute Book as Appendix "B").

Members were advised that the review of the Gosport Joint Housing Register Allocations Policy had been reported to the June 2003 Housing Board and that delegated powers had been given to the Chairman and Group Spokespersons of the Housing Board to approve the revised Policy after a large-scale consultation exercise had been undertaken and subsequent amendments incorporated.

In October 2003 the Chairman and Group Spokespersons had approved the revised Gosport Joint Housing Register Policy.

In the process of implementing the changes, it had been observed that a drafting error had resulted in an omission from the Policy. That omission related to the points category available to applicants who were under notice to get out of accommodation.

Members were advised that, prior to the 2003 revision of the Gosport Joint Housing Register Allocations Policy, applicants could be awarded 20 points if their landlord had served a valid notice to get out of accommodation, these notices being validated by the Council's Housing Advice Officers. The purpose of the points category was to:

· Increase priority so that re-housing might be achieved prior to homelessness

· Enable intervention and advice at a critical time for customers. For example, if the notice were invalid this Council would make the landlord aware of that fact and what the consequences would be if they failed to observe the law. If necessary, the Council in such cases would have the ability to refer the case for an injunction/ legal action.

The revised Policy summary that had gone out to wide-scale public consultation included the two points categories relating to a notice to get out, these being:

· 5 points for a valid landlord notice to get out; and

· 20 points for a court possession order to get out

The change from the old to the new points categories was to reflect:

· The need to reinforce the message to applicants to remain in accommodation for longer, so as to enhance chances of re-housing prior to homelessness

· The reduction in the priority given for landlord notice to minimise the potential for abuse of that system (collusive arrangements)

· The new scheme still enabling all the intervention and advice from officers to be given and also allowing more time for that work

Members were advised that an additional condition that should be met before the points shwere awarded, was that the applicant household should not be intentionally threatened with homelessness or intentionally homeless.

Members were asked for approval to rectify the previous omission.

RESOLVED: That the Gosport Joint Housing register Allocations Policy be amended as follows:

(i) adding a points category for receipt of a valid landlord notice to get out of a property (5 points);

(ii) adding a points category for receipt of a Court Order grating possession of the property occupied by the applicant (20 points); and

(iii) the above points categories be subject to the Council determining that the applicant household is not intentionally threatened with homelessness or intentionally homeless.

CHAIRMAN