11 December 2002

HOUSING REVIEW PANEL

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 11 December 2002 at 2.00pm

PRESENT

Mr George Lonie (Chairman)

Mr Murdo M Macleod

Mr Donald I Nicholson

Mr David Blaney

APOLOGIES

Mr Iain Morrison

Mr Norman M Macleod

Mr Martin Taylor

Mr Norman L Macdonald

MANAGEMENT

Update of Information: Serious Rent Arrears Cases

H13.01.02

1

The Assistant Director of Housing submitted a Report giving information in relation to Serious Rent Arrears Cases which had been determined previously by the Panel. The Assistant Director of Housing also gave information in relation to the following tenancies; 11028562A1 and 1107545575.

It was agreed:

(1) to note the Report;

(2) that in light of the exceptional circumstances associated with the rent arrears Tenancy Reference number 11028562A1, the rent arrears in respect of this tenancy in the sum of £649.31 be written off, and;

(3) that Mr AB and Miss CD's offer to repay £20 per fortnight towards clearing all outstanding rent arrears associated with Tenancy Reference number 1107545575 be accepted.

Serious Rent Arrears: Tenancy Reference No: 0510801924

2

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0510801924. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

Mr AB, accompanied by Mrs Helen Smith, Citizens Advice Bureau, and the Assistant Director of Housing were invited into the Meeting to present their cases.

Both parties and Members of the Panel were given an opportunity to ask questions.

Following presentation of the cases, Mr AB, Tenancy Reference number 0510801924, Helen Smith and the Assistant Director of Housing, withdrew from the Meeting during consideration of the matter.

It was agreed to defer consideration of the abovementioned case until the next meeting of the Housing Review Panel and that the Director of Housing be requested to submit a Report on the serious rent arrears associated with Tenancy Reference number 0510801924 to the next meeting of the Panel and that Mr AB be requested to seek a full Benefit Assessment check, on the basis that he would apply for the Assessment check on 11 December 2002.

Mr AB, Helen Smith and the Assistant Director of Housing were invited into the Meeting and informed of the Panel's decision.

Serious Rent Arrears: Tenancy Reference No: 01710050A1

3

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 01710050A1. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

It was agreed:

(1) to authorise the Director of Housing to arrange a home visit;

(2) to authorise the Director of Housing to determine a repayment schedule;

(3) that if the repayment agreement determined by the Director of Housing was not sustained to his satisfaction, it be delegated to the Director of Housing to seek, obtain and implement a Decree of Ejection in respect of tenancy reference no: 01710051A1, and;

(4) that if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

Serious Rent Arrears: Tenancy Reference No: 0173501582

4

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0173501582. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

The Assistant Director of Housing reported that the tenant, Tenancy Reference number 0173501582 had paid £700 towards clearing all outstanding rent arrears associated with his tenancy and intended to clear the remainder of his outstanding rent arrears associated with his tenancy, as soon as possible and that the tenant further proposed to make use of a Direct Debit method of payment.

It was agreed to note the Report.

Serious Rent Arrears: Tenancy Reference No: 01735059A1

5

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 01735059A1. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

It was agreed that:

(1) it be delegated to the Director of Housing to determine a repayment schedule, following consultation with Ms AB, Tenancy Reference number 01735059A1;

(2) the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection if the repayment schedule determined by him in connection with the abovementioned tenancy was not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

Serious Rent Arrears: Tenancy Reference No: 0174002361

6

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0174002361. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

Ms AB, accompanied by Mr CD, and the Assistant Director of Housing were invited into the Meeting to present their cases.

Both parties and Members of the Panel were given the opportunity to ask questions.

Following presentation of the cases, Ms AB, Mr CD and the Assistant Director of Housing withdrew from the Meeting during consideration of the matter.

It was agreed that it be delegated to the Director of Housing to determine a repayment agreement in respect of all rent arrears associated with Tenancy Reference number 0174002361 and that the Director of Housing be requested to submit a Report concerning this serious rent arrears case to the next meeting of the Housing Review Panel.

Ms AB, Mr CD and the Assistant Director of Housing were invited into the Meeting and informed of the Panel's decision.

Serious Rent Arrears: Tenancy Reference No: 0186001071

7

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0186001071. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

It was agreed to defer consideration of the abovementioned serious rent arrears case, Tenancy Reference number 0186001071 and that the tenant Ms AB be advised that the rent arrears associated with Tenancy Reference number 0186001071 would be considered at the next meeting of the Panel and that the matter may be determined in her absence.

Serious Rent Arrears: Tenancy Reference No: 0902343912

8

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0902343912. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Housing Review Panel determine the case;

(2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

The Assistant Director of Housing sought and obtained the Chairman's permission to circulate a letter which had been received from Mr AB and Mrs AB, Tenancy Reference number 0902343912.

It was agreed that:

(1) it be delegated to the Director of Housing to determine a repayment schedule, following consultation with Mr AB and Mrs AB, Tenancy Reference number 0902343912, in respect of all outstanding rent arrears;

(2) the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection if the repayment schedule determined by him in connection with the abovementioned tenancy was not discharged to the satisfaction of the Director of Housing, and;

(3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.

Tenancy Agreement: Property Reference No: 06036517A

9

The Assistant Director of Housing submitted a Report concerning Property Reference No: 06036517A. The Report gave background information concerning the former tenancy history and the current situation in respect of Property Reference No: 06036517A.

It was agreed to request the Director of Corporate Services to submit a Report to the next meeting of the Panel in respect of the legal options available to the Panel in respect of Property Reference No: 06036517A..

Request to Write Off Former Tenant Rent Arrears: Tenancy Reference No: 0507564783.

10

The Assistant Director of Housing submitted a Report inviting the Panel to determine whether the former tenant rent arrears associated with Tenancy Reference no: 0507564783 should be written off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information and also gave information on the serious rent arrears recovery action taken in respect of Tenancy Reference no: 0507564783.

The Report referred to the recommendation from Audit Scotland that 90% of former tenant rent arrears were irrecoverable and that adequate provision should be budgeted for to allow Local Authorities to deal with the financial implications associated with this recommendation. It was further intimated that there was ample provision in the bad and doubtful provision for former tenant rent arrears to deal with the abovementioned case.

It was agreed that £4,559.72 associated with Tenancy Reference number: 0507564783 be written off against the bad debt provision for former tenant rent arrears.

PRESENT	Mr George Lonie (Chairman)
	Mr Murdo M Macleod
	Mr Donald I Nicholson
	Mr David Blaney

APOLOGIES	Mr Iain Morrison
	Mr Norman M Macleod
	Mr Martin Taylor
	Mr Norman L Macdonald

		MANAGEMENT
Update of Information: Serious Rent Arrears Cases H13.01.02	1	The Assistant Director of Housing submitted a Report giving information in relation to Serious Rent Arrears Cases which had been determined previously by the Panel. The Assistant Director of Housing also gave information in relation to the following tenancies; 11028562A1 and 1107545575. It was agreed: (1) to note the Report; (2) that in light of the exceptional circumstances associated with the rent arrears Tenancy Reference number 11028562A1, the rent arrears in respect of this tenancy in the sum of £649.31 be written off, and; (3) that Mr AB and Miss CD's offer to repay £20 per fortnight towards clearing all outstanding rent arrears associated with Tenancy Reference number 1107545575 be accepted.
Serious Rent Arrears: Tenancy Reference No: 0510801924	2	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0510801924. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		Mr AB, accompanied by Mrs Helen Smith, Citizens Advice Bureau, and the Assistant Director of Housing were invited into the Meeting to present their cases. Both parties and Members of the Panel were given an opportunity to ask questions. Following presentation of the cases, Mr AB, Tenancy Reference number 0510801924, Helen Smith and the Assistant Director of Housing, withdrew from the Meeting during consideration of the matter.
		It was agreed to defer consideration of the abovementioned case until the next meeting of the Housing Review Panel and that the Director of Housing be requested to submit a Report on the serious rent arrears associated with Tenancy Reference number 0510801924 to the next meeting of the Panel and that Mr AB be requested to seek a full Benefit Assessment check, on the basis that he would apply for the Assessment check on 11 December 2002.
		Mr AB, Helen Smith and the Assistant Director of Housing were invited into the Meeting and informed of the Panel's decision.
Serious Rent Arrears: Tenancy Reference No: 01710050A1	3	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 01710050A1. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		It was agreed: (1) to authorise the Director of Housing to arrange a home visit; (2) to authorise the Director of Housing to determine a repayment schedule; (3) that if the repayment agreement determined by the Director of Housing was not sustained to his satisfaction, it be delegated to the Director of Housing to seek, obtain and implement a Decree of Ejection in respect of tenancy reference no: 01710051A1, and; (4) that if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
Serious Rent Arrears: Tenancy Reference No: 0173501582	4	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0173501582. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		The Assistant Director of Housing reported that the tenant, Tenancy Reference number 0173501582 had paid £700 towards clearing all outstanding rent arrears associated with his tenancy and intended to clear the remainder of his outstanding rent arrears associated with his tenancy, as soon as possible and that the tenant further proposed to make use of a Direct Debit method of payment.
		It was agreed to note the Report.
Serious Rent Arrears: Tenancy Reference No: 01735059A1	5	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 01735059A1. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		It was agreed that: (1) it be delegated to the Director of Housing to determine a repayment schedule, following consultation with Ms AB, Tenancy Reference number 01735059A1; (2) the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection if the repayment schedule determined by him in connection with the abovementioned tenancy was not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
Serious Rent Arrears: Tenancy Reference No: 0174002361	6	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0174002361. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		Ms AB, accompanied by Mr CD, and the Assistant Director of Housing were invited into the Meeting to present their cases. Both parties and Members of the Panel were given the opportunity to ask questions. Following presentation of the cases, Ms AB, Mr CD and the Assistant Director of Housing withdrew from the Meeting during consideration of the matter.
		It was agreed that it be delegated to the Director of Housing to determine a repayment agreement in respect of all rent arrears associated with Tenancy Reference number 0174002361 and that the Director of Housing be requested to submit a Report concerning this serious rent arrears case to the next meeting of the Housing Review Panel.
		Ms AB, Mr CD and the Assistant Director of Housing were invited into the Meeting and informed of the Panel's decision.
Serious Rent Arrears: Tenancy Reference No: 0186001071	7	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0186001071. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		It was agreed to defer consideration of the abovementioned serious rent arrears case, Tenancy Reference number 0186001071 and that the tenant Ms AB be advised that the rent arrears associated with Tenancy Reference number 0186001071 would be considered at the next meeting of the Panel and that the matter may be determined in her absence.
Serious Rent Arrears: Tenancy Reference No: 0902343912	8	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference no: 0902343912. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Housing Review Panel determine the case; (2) if a further repayment agreement was accepted by the Housing Review Panel, the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection, if the arrangements relating to the repayment were not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
		The Assistant Director of Housing sought and obtained the Chairman's permission to circulate a letter which had been received from Mr AB and Mrs AB, Tenancy Reference number 0902343912.
		It was agreed that: (1) it be delegated to the Director of Housing to determine a repayment schedule, following consultation with Mr AB and Mrs AB, Tenancy Reference number 0902343912, in respect of all outstanding rent arrears; (2) the Director of Housing be given delegated authority to seek, obtain and implement a Decree of Ejection if the repayment schedule determined by him in connection with the abovementioned tenancy was not discharged to the satisfaction of the Director of Housing, and; (3) if the house was repossessed, all rent arrears associated with the abovementioned tenancy be written off against the bad debt provision and be not pursued.
Tenancy Agreement: Property Reference No: 06036517A	9	The Assistant Director of Housing submitted a Report concerning Property Reference No: 06036517A. The Report gave background information concerning the former tenancy history and the current situation in respect of Property Reference No: 06036517A.
		It was agreed to request the Director of Corporate Services to submit a Report to the next meeting of the Panel in respect of the legal options available to the Panel in respect of Property Reference No: 06036517A..
Request to Write Off Former Tenant Rent Arrears: Tenancy Reference No: 0507564783.	10	The Assistant Director of Housing submitted a Report inviting the Panel to determine whether the former tenant rent arrears associated with Tenancy Reference no: 0507564783 should be written off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information and also gave information on the serious rent arrears recovery action taken in respect of Tenancy Reference no: 0507564783.
		The Report referred to the recommendation from Audit Scotland that 90% of former tenant rent arrears were irrecoverable and that adequate provision should be budgeted for to allow Local Authorities to deal with the financial implications associated with this recommendation. It was further intimated that there was ample provision in the bad and doubtful provision for former tenant rent arrears to deal with the abovementioned case.
		It was agreed that £4,559.72 associated with Tenancy Reference number: 0507564783 be written off against the bad debt provision for former tenant rent arrears.