22 March 2002 (Review)

HOUSING REVIEW PANEL

Minute of Meeting held in Congreve House, QuineticQ, Hebrides, Benbecula on 22 March 2002 at 10.00am

PRESENT

Mr George Lonie (Chairman)

Mr Norman M Macleod

Mr Donald I Nicholson

`

Mr David Blaney

APOLOGIES

Mr Iain Morrison

Mr Murdo Macleod

Mr Norman L Macdonald

Mr Angus Nicolson

MINUTES

Housing Review Panel

1

The Minute of Meeting of 20 February 2002 was approved.

PRIVATE HOUSING

It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following item on the grounds that exempt information relating to any particular applicant for, or recipient, or former recipient of, any financial assistance provided by the Comhairle would be disclosed.

Grant Application involving Comhairle Member

H10.01.03

2

The Director for Sustainable Communities submitted a Report concerning an application for a Repairs Grant in respect of works at 27 Perceval Road South, Stornoway, by Mr Hugh Nicolson, who was the brother in law of Mr Angus M Graham, Member for the Gress Ward.

The Report indicated that the proposed works at 27 Perceval Road South, Stornoway were eligible for grant.

It was agreed that the Director for Sustainable Communities be authorised to approve the application for a Repairs Grant in respect of the property at 27 Perceval Road South, Stornoway, on the basis detailed in the Report.

It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following 5 items on the grounds that exempt information relating to any particular occupier or former occupier of, or applicant for accommodation provided by, or at the expense of the Comhairle, would be disclosed.

Update of Information: Serious Rent Arrears

HO5.01.02

3

The Area Manager submitted a Report giving information in relation to the serious rent arrear cases which had been determined previously by the Housing Review Panel.

It was agreed to note the Report

Serious Rent Arrears

H05.01.02

4

The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 11028562A1. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Review Panel determine the case;

(2) if a further repayment agreement was accepted by the 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 his satisfaction; and

(3) if the house was repossessed all rent arrears associated with tenancy reference number 11028562A1 be written off against the bad debt provision and be not pursued.

Mr & Mrs AB and the Area Manager were invited into the Meeting. Mr & Mrs AB and the Area Manager were invited to present their cases.

Both parties and Members of the Panel were given the opportunity to ask questions. Following presentation of the cases, Mr & Mrs AB and the Area Manager withdrew from the Meeting.

In light of the particular circumstances associated with the abovementioned serious rent arrear case, the Panel agreed that it would expect the tenants to pay all rent due and to make a contribution towards the outstanding rent arrears associated with the above tenancy, if possible, and that any arrears action be deferred meantime, on the basis that the abovementioned case be reviewed at the Housing Review Panel, scheduled to be held in Balivanich after the expiry of a period of six months from 22 March 2002.

Mr & Mrs AB and the Area Manager were invited into the Meeting and informed of the Panel's decision.

Serious Rent Arrears

HO5.01.02

5

The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 1101804026. The Report gave background information and detailed the tenancy history.

.

It was recommended in the Report that:

(1) the Review Panel determine the case;

(2) if a further repayment agreement was accepted by the 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 his satisfaction; and

(3) if the house was repossessed all rent arrears associated with tenancy reference number 1101804026 be written off against the bad debt provision and be not pursued.

Mr AB and the Area Manager were invited into the Meeting. Mr AB and the Area Manager were invited to present their cases. Both parties and Members of the Panel were given the opportunity to ask questions.

Following presentation of the cases, Mr AB and the Area Manager withdrew from the Meeting.

The Panel, having noted that Mr AB had agreed that the Director of Housing should arrange a meeting involving Mr AB and a representative from the Citizen's Advice Bureau and a representative of the Director of Housing, for a joint assessment of Mr AB's financial circumstances to determine what benefits, if any, Mr AB may be entitled to, agreed that it would expect Mr AB to pay all rent due and to make a contribution towards the outstanding rent arrears at a level to be determined by the Director of Housing, if he gained employment, and that the abovementioned serious rent arrears case be reviewed at the next scheduled meeting of the Panel to be held in Balivanich.

Mr AB and the Area Manager were invited into the Meeting and informed of the Panel's decision.

Serious Rent Arrears

HO5.01.02

6

The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 1106914073. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Review Panel determine the case;

(2) if a further repayment agreement was accepted by the 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 his satisfaction; and

(3) if the house was repossessed all rent arrears associated with tenancy reference number 1101804026 be written off against the bad debt provision and be not pursued.

Mrs AB, accompanied by a representative of the Citizen's Advice Bureau and the Area Manager were invited into the Meeting. Mrs AB and the Area Manager were invited to present their cases. Both parties and Members of the Panel were given the opportunity to ask questions.

Following presentation of the cases, Mrs AB, the representative of the Citizen's Advice Bureau and the Area Manager withdrew from the Meeting.

It was agreed to accept Mrs AB's offer to pay £300 per month inclusive of rent due, towards clearing all outstanding rent arrears associated with the abovementioned serious rent arrears case.

Mrs AB, accompanied by a representative of the Citizen's Advice Bureau and the Area Manager were invited into the Meeting and informed of the Panel's decision.

Serious Rent Arrears

HO5.01.02

7

The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 1107545574. The Report gave background information and detailed the tenancy history.

It was recommended in the Report that:

(1) the Review Panel determine the case;

(2) if a further repayment agreement was accepted by the 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 his satisfaction; and

(3) if the house was repossessed all rent arrears associated with tenancy reference number 1107545574 be written off against the bad debt provision and be not pursued.

It was agreed to defer consideration of the abovementioned rent arrears case pending the presentation of additional information relating to benefit entitlement associated with the abovementioned case, by the Director of Housing.

It was agreed to adjourn the Meeting at 1.10pm.

The Meeting reconvened at the Council Offices, Stornoway at 5.30pm on Wednesday 27 March 2002 where the following Members were found to be present.

PRESENT

Mr George Lonie (Chairman)

Mr Norman M Macleod

Mr Donald I Nicholson

Mr David Blaney

It was agreed that in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973 that, the Press and Public be excluded from the meeting during consideration of the following item on the grounds that exempt information relating to any particular occupier or former occupier of, or applicant for accommodation, provided by or at the expense of the Comhairle would be disclosed.

The Director of Housing submitted additional information concerning Benefit entitlement associated with tenancy reference number 1107545574.

It was agreed that in light of the particular circumstances associated with the abovementioned serious rent arrears case, that the Director of Housing be authorised to write-off the current rent arrears associated with tenancy reference number 1107545574 as at 29 March 2002 and that the Director of Housing be requested to submit a further Report in relation to the Housing Benefits issues associated with cases similar to that which had occurred in the abovementioned case, following consultation with the Care & Repair service, with a view to resolving the issues raised..

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


APOLOGIES	Mr Iain Morrison
	Mr Murdo Macleod
	Mr Norman L Macdonald
	Mr Angus Nicolson

		MINUTES
Housing Review Panel	1	The Minute of Meeting of 20 February 2002 was approved.
		PRIVATE HOUSING
		It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following item on the grounds that exempt information relating to any particular applicant for, or recipient, or former recipient of, any financial assistance provided by the Comhairle would be disclosed.
Grant Application involving Comhairle Member H10.01.03	2	The Director for Sustainable Communities submitted a Report concerning an application for a Repairs Grant in respect of works at 27 Perceval Road South, Stornoway, by Mr Hugh Nicolson, who was the brother in law of Mr Angus M Graham, Member for the Gress Ward.
		The Report indicated that the proposed works at 27 Perceval Road South, Stornoway were eligible for grant.
		It was agreed that the Director for Sustainable Communities be authorised to approve the application for a Repairs Grant in respect of the property at 27 Perceval Road South, Stornoway, on the basis detailed in the Report.
		It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following 5 items on the grounds that exempt information relating to any particular occupier or former occupier of, or applicant for accommodation provided by, or at the expense of the Comhairle, would be disclosed.
Update of Information: Serious Rent Arrears HO5.01.02	3	The Area Manager submitted a Report giving information in relation to the serious rent arrear cases which had been determined previously by the Housing Review Panel. It was agreed to note the Report
Serious Rent Arrears H05.01.02	4	The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 11028562A1. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Review Panel determine the case; (2) if a further repayment agreement was accepted by the 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 his satisfaction; and (3) if the house was repossessed all rent arrears associated with tenancy reference number 11028562A1 be written off against the bad debt provision and be not pursued.
		Mr & Mrs AB and the Area Manager were invited into the Meeting. Mr & Mrs AB and the Area Manager were invited to present their cases.
		Both parties and Members of the Panel were given the opportunity to ask questions. Following presentation of the cases, Mr & Mrs AB and the Area Manager withdrew from the Meeting. In light of the particular circumstances associated with the abovementioned serious rent arrear case, the Panel agreed that it would expect the tenants to pay all rent due and to make a contribution towards the outstanding rent arrears associated with the above tenancy, if possible, and that any arrears action be deferred meantime, on the basis that the abovementioned case be reviewed at the Housing Review Panel, scheduled to be held in Balivanich after the expiry of a period of six months from 22 March 2002. Mr & Mrs AB and the Area Manager were invited into the Meeting and informed of the Panel's decision.
Serious Rent Arrears HO5.01.02	5	The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 1101804026. The Report gave background information and detailed the tenancy history. .
		It was recommended in the Report that: (1) the Review Panel determine the case; (2) if a further repayment agreement was accepted by the 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 his satisfaction; and (3) if the house was repossessed all rent arrears associated with tenancy reference number 1101804026 be written off against the bad debt provision and be not pursued.
		Mr AB and the Area Manager were invited into the Meeting. Mr AB and the Area Manager were invited to present their cases. Both parties and Members of the Panel were given the opportunity to ask questions. Following presentation of the cases, Mr AB and the Area Manager withdrew from the Meeting.
		The Panel, having noted that Mr AB had agreed that the Director of Housing should arrange a meeting involving Mr AB and a representative from the Citizen's Advice Bureau and a representative of the Director of Housing, for a joint assessment of Mr AB's financial circumstances to determine what benefits, if any, Mr AB may be entitled to, agreed that it would expect Mr AB to pay all rent due and to make a contribution towards the outstanding rent arrears at a level to be determined by the Director of Housing, if he gained employment, and that the abovementioned serious rent arrears case be reviewed at the next scheduled meeting of the Panel to be held in Balivanich. Mr AB and the Area Manager were invited into the Meeting and informed of the Panel's decision.
Serious Rent Arrears HO5.01.02	6	The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 1106914073. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Review Panel determine the case; (2) if a further repayment agreement was accepted by the 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 his satisfaction; and (3) if the house was repossessed all rent arrears associated with tenancy reference number 1101804026 be written off against the bad debt provision and be not pursued.
		Mrs AB, accompanied by a representative of the Citizen's Advice Bureau and the Area Manager were invited into the Meeting. Mrs AB and the Area Manager were invited to present their cases. Both parties and Members of the Panel were given the opportunity to ask questions. Following presentation of the cases, Mrs AB, the representative of the Citizen's Advice Bureau and the Area Manager withdrew from the Meeting.
		It was agreed to accept Mrs AB's offer to pay £300 per month inclusive of rent due, towards clearing all outstanding rent arrears associated with the abovementioned serious rent arrears case.
		Mrs AB, accompanied by a representative of the Citizen's Advice Bureau and the Area Manager were invited into the Meeting and informed of the Panel's decision.
Serious Rent Arrears HO5.01.02	7	The Area Manager submitted a Report concerning tenant rent arrears in respect of tenancy reference number 1107545574. The Report gave background information and detailed the tenancy history.
		It was recommended in the Report that: (1) the Review Panel determine the case; (2) if a further repayment agreement was accepted by the 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 his satisfaction; and (3) if the house was repossessed all rent arrears associated with tenancy reference number 1107545574 be written off against the bad debt provision and be not pursued.
		It was agreed to defer consideration of the abovementioned rent arrears case pending the presentation of additional information relating to benefit entitlement associated with the abovementioned case, by the Director of Housing.

		It was agreed to adjourn the Meeting at 1.10pm.
		The Meeting reconvened at the Council Offices, Stornoway at 5.30pm on Wednesday 27 March 2002 where the following Members were found to be present.

		It was agreed that in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973 that, the Press and Public be excluded from the meeting during consideration of the following item on the grounds that exempt information relating to any particular occupier or former occupier of, or applicant for accommodation, provided by or at the expense of the Comhairle would be disclosed.
		The Director of Housing submitted additional information concerning Benefit entitlement associated with tenancy reference number 1107545574.
		It was agreed that in light of the particular circumstances associated with the abovementioned serious rent arrears case, that the Director of Housing be authorised to write-off the current rent arrears associated with tenancy reference number 1107545574 as at 29 March 2002 and that the Director of Housing be requested to submit a further Report in relation to the Housing Benefits issues associated with cases similar to that which had occurred in the abovementioned case, following consultation with the Care & Repair service, with a view to resolving the issues raised..