25 April 2002 (Review)

HOUSING REVIEW PANEL

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 25 April 2002 at 2.00pm

PRESENT

Mr George Lonie (Chairman)

Mr Norman M Macleod

Mr Murdo Macleod

Mr Norman L Macdonald

Mr Donald I Nicholson

Mr David Blaney

APOLOGIES

Mr Iain Morrison

Mr Angus Nicolson

MINUTES

Minutes of Meetings of 22 and 27 March 2002

1

The Minutes of Meetings of 22 and 27 March 2002 were approved.

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 six 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.

MANAGEMENT

Request for Temporary Housing - Housing Application No: W2391

HO5.01

2

The Area Manager submitted a Report inviting the Panel to determine whether an offer of temporary housing should be made to Mrs AB, Housing Application No: W2391. The Report gave background information and indicated that as Mrs AB was the mother of an Officer of the Comhairle, the Director of Housing had decided not to exercise the delegation granted to him in respect of this application.

It was agreed that Mrs AB, Housing Application No: W2391 be offered temporary housing at 22 Columba Place, Balivanich.

2001/2002 Current Tenants and Former Tenants Rent Arrears

H13.01.02

3

The Assistant Director of Housing submitted a Report giving preliminary information in relation to the level of current tenants and former tenants rent arrears as at 31 March 2002, by way of comparison. The Report gave an analysis of the current tenants rent arrears for the period 1991/1992 - 2001/2002 and an analysis of former tenants rent arrears for the period 1999/2000 - 2001/2002. The Report emphasised that the figures were at the "raw data" stage and would require further amendment as soon as the necessary accountancy procedures had been finalised.

It was agreed to note the Report.

Update of Information: Serious Rent Arrear Cases

H13.01.02

4

The Assistant Director of Housing submitted a Report giving information in relation to the serious rent arrears cases which had been determined previously by the Housing Sub-Committee and the Housing Review Panel.

It was agreed to note the Report.

Serious Rent Arrears

H13.01.02

5

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0707760326. 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 his satisfaction, 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 accept the tenant's offer to repay £224.26 per month, inclusive of the current rent due, by Direct Debit with effect from 16 April 2002 and that in the event of the abovementioned repayment schedule not being maintained to the satisfaction of the Director of Housing, a further Report on this serious rent arrears case be submitted to a future meeting of the Panel.

Mr Norman L Macdonald declared an interest in the following item and left the Meeting during consideration of the matter.

Serious Rent Arrears

H013.01.02

6

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0515370019. 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 his satisfaction, 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 and that the Director of Housing be authorised to inform Miss AB, tenancy reference no: 0515370019 that in the event of her not attending the Meeting of the Panel scheduled to take place in June 2002, that her case could be determined in her absence and that this could lead to the Director of Housing being given delegated authority to seek, obtain and implement a Decree of Ejection to repossess the property.

Serious Rent Arrears

H013.01.02

7

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 080493564. 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 his satisfaction, and;

(3) if the house was repossessed, all rent arrears associated with tenancy reference number 080493564, 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 and that the Director of Housing be authorised to inform Miss AB, tenancy reference no: 080493564 that in the event of her not attending the Meeting of the Panel scheduled to take place in June 2002, that her case could be determined in her absence and that this could lead to the Director of Housing being given delegated authority to seek, obtain and implement a Decree of Ejection to repossess the property.

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 four items 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.

PRIVATE HOUSING

Appeal for Additional Property Assessment Points

H10.01.03

8

The Director for Sustainable Communities submitted a Report inviting the Panel to determine an appeal for the award of additional points under the Property Assessment Scheme, in respect of the property grant reference no: 01/00460/IG. The Report gave background information and gave information on the condition of the property, together with the applicant's financial circumstances. The Report referred to the procedure whereby the Panel could award up to three additional points and intimated that the applicant's house was borderline in terms of the "forty-three point qualifying mark".

It was agreed to approve the request for three additional Property Assessment Points in respect of grant reference no: 01/00460/IG.

Appeal for Inclusion on Housing Grants Priority Pointing List

H10.01.03

9

The Director for Sustainable Communities submitted a Report concerning an appeal on behalf of a householder for inclusion on the Housing Grants Priority Pointing List in respect of the property detailed in the Report. The Report gave background information in relation to current policy, the condition of the property concerned and outlined a number of issues for consideration by the Panel. The Report also identified the possible alternative option in relation to this appeal in the context of the Emergency Small Repairs Scheme.

It was agreed that the appeal on behalf of Mr & Mrs AB, for inclusion on the Housing Grants Priority Pointing List be not upheld, in respect of the property detailed in the Report.

Grant Application Involving Substantial Rebuilding Works

H10.01.03

10

The Director for Sustainable Communities submitted a Report concerning a Grant Application in respect of a property, grant reference no: 98/00018/IG which involved substantial rebuilding works and intimated that as the proposals would breach the Comhairle's policy on substantial rebuilding works, the matter could not be dealt with in accordance with the Scheme of Delegation. The Report commented on the application and intimated that the Comhairle's approved Policy in relation to Improvement Grants for substantial rebuilding works stated that the Director for Sustainable Communities was authorised to approve applications for Improvement Grant only when the proposed improvements:

(a) would not change the identity of the existing house;

(b) would not produce a floor area of twice the original;

(c) would utilise at least 75% of the external walls of the existing house, and;

(d) would compromise at least one other element, e.g. joists, rafters of the existing house, in addition to foundations and the walls.

The Report concluded that in light of the condition and construction of the existing structure, it was acknowledged that it was impossible to improve the house within the constraints of the Policy and also comply with all the required criteria.

It was agreed that, notwithstanding current Policy restrictions, the Improvement Grant reference no: 98/00018/IG be approved in principle and that the Director for Sustainable Communities be given delegated authority to formally approve the case when the application had accrued sufficient points in the tranche of approvals being awarded in a particular month.

Application for Improvement Grant

H10.01.03

11

The Director for Sustainable Communities submitted a Report concerning an application for Improvement Grant reference no: 01/00090/IG, where Policy constraint had prevented the application being determined by him. It was intimated in the Report that the applicant met the Comhairle's extreme financial hardship criteria and had submitted proof that the necessary shortfall funding was available. The Report concluded that without the extreme financial hardship level of grant, it was doubtful if the improvement works referred to in the Report would proceed, with the result that the house referred to in the Report would remain below the tolerable standard.

It was agreed to approve the application, reference no: 01/00090/IG for an Improvement Grant in respect of the works 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 two items on the grounds that exempt information relating to the financial or business affairs of any particular person, other than the Comhairle, would be disclosed.

RELATED MATTERS

Sale of Land, Stornoway, Isle of Lewis

H15.27.05

12

The Director of Corporate Services submitted a Report concerning a request to purchase a small plot of unsued land, as detailed in the Report, for use as additional garden ground. It was intimated in the Report that the land which was held on the Housing Revenue Account was not used by the Comhairle and that it was not a practical proposition to develop the land for further housing.

It was agreed that the land shown in the plan attached to the Report by the Director of Corporate Services, be sold for use as garden ground, only to the owner of the adjoining flat referred to in the Report, at the District Valuer's valuation, subject to the purchaser paying the Comhairle's legal fees and the District Valuer's fee and to such other conditions as the Director of Corporate Services, in consultation with relevant Heads of Service may determine, and subject to obtaining the consent of Scottish Ministers.

Request to Terminate Contract

LB20.01

13

There was submitted a Joint Report by the Director of Corporate Services and the Director of Housing to determine a request for the termination of a contract regarding the purchase of the property referred to in the Report. It was indicated in the Report that the tenants of the property were not paying rent at the present time and that in light of the nature of the request to terminate the contract, it was not considered that the matter could be dealt with in terms of the Scheme of Delegation.

It was agreed that the request for the termination of the contract, by Mrs AB and Mr AB in respect of the property detailed in the Joint Report by the Director of Corporate Services and the Director of Housing, be approved, on the basis detailed in the Report.

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

APOLOGIES	Mr Iain Morrison
	Mr Angus Nicolson

		MINUTES
Minutes of Meetings of 22 and 27 March 2002	1	The Minutes of Meetings of 22 and 27 March 2002 were approved.
		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 six 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.
		MANAGEMENT
Request for Temporary Housing - Housing Application No: W2391 HO5.01	2	The Area Manager submitted a Report inviting the Panel to determine whether an offer of temporary housing should be made to Mrs AB, Housing Application No: W2391. The Report gave background information and indicated that as Mrs AB was the mother of an Officer of the Comhairle, the Director of Housing had decided not to exercise the delegation granted to him in respect of this application. It was agreed that Mrs AB, Housing Application No: W2391 be offered temporary housing at 22 Columba Place, Balivanich.
2001/2002 Current Tenants and Former Tenants Rent Arrears H13.01.02	3	The Assistant Director of Housing submitted a Report giving preliminary information in relation to the level of current tenants and former tenants rent arrears as at 31 March 2002, by way of comparison. The Report gave an analysis of the current tenants rent arrears for the period 1991/1992 - 2001/2002 and an analysis of former tenants rent arrears for the period 1999/2000 - 2001/2002. The Report emphasised that the figures were at the "raw data" stage and would require further amendment as soon as the necessary accountancy procedures had been finalised. It was agreed to note the Report.
Update of Information: Serious Rent Arrear Cases H13.01.02	4	The Assistant Director of Housing submitted a Report giving information in relation to the serious rent arrears cases which had been determined previously by the Housing Sub-Committee and the Housing Review Panel. It was agreed to note the Report.
Serious Rent Arrears H13.01.02	5	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0707760326. 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 his satisfaction, 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 accept the tenant's offer to repay £224.26 per month, inclusive of the current rent due, by Direct Debit with effect from 16 April 2002 and that in the event of the abovementioned repayment schedule not being maintained to the satisfaction of the Director of Housing, a further Report on this serious rent arrears case be submitted to a future meeting of the Panel.
		Mr Norman L Macdonald declared an interest in the following item and left the Meeting during consideration of the matter.
Serious Rent Arrears H013.01.02	6	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0515370019. 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 his satisfaction, 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 and that the Director of Housing be authorised to inform Miss AB, tenancy reference no: 0515370019 that in the event of her not attending the Meeting of the Panel scheduled to take place in June 2002, that her case could be determined in her absence and that this could lead to the Director of Housing being given delegated authority to seek, obtain and implement a Decree of Ejection to repossess the property.
Serious Rent Arrears H013.01.02	7	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 080493564. 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 his satisfaction, and; (3) if the house was repossessed, all rent arrears associated with tenancy reference number 080493564, 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 and that the Director of Housing be authorised to inform Miss AB, tenancy reference no: 080493564 that in the event of her not attending the Meeting of the Panel scheduled to take place in June 2002, that her case could be determined in her absence and that this could lead to the Director of Housing being given delegated authority to seek, obtain and implement a Decree of Ejection to repossess the property.
		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 four items 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.
		PRIVATE HOUSING
Appeal for Additional Property Assessment Points H10.01.03	8	The Director for Sustainable Communities submitted a Report inviting the Panel to determine an appeal for the award of additional points under the Property Assessment Scheme, in respect of the property grant reference no: 01/00460/IG. The Report gave background information and gave information on the condition of the property, together with the applicant's financial circumstances. The Report referred to the procedure whereby the Panel could award up to three additional points and intimated that the applicant's house was borderline in terms of the "forty-three point qualifying mark".
		It was agreed to approve the request for three additional Property Assessment Points in respect of grant reference no: 01/00460/IG.
Appeal for Inclusion on Housing Grants Priority Pointing List H10.01.03	9	The Director for Sustainable Communities submitted a Report concerning an appeal on behalf of a householder for inclusion on the Housing Grants Priority Pointing List in respect of the property detailed in the Report. The Report gave background information in relation to current policy, the condition of the property concerned and outlined a number of issues for consideration by the Panel. The Report also identified the possible alternative option in relation to this appeal in the context of the Emergency Small Repairs Scheme. It was agreed that the appeal on behalf of Mr & Mrs AB, for inclusion on the Housing Grants Priority Pointing List be not upheld, in respect of the property detailed in the Report.
Grant Application Involving Substantial Rebuilding Works H10.01.03	10	The Director for Sustainable Communities submitted a Report concerning a Grant Application in respect of a property, grant reference no: 98/00018/IG which involved substantial rebuilding works and intimated that as the proposals would breach the Comhairle's policy on substantial rebuilding works, the matter could not be dealt with in accordance with the Scheme of Delegation. The Report commented on the application and intimated that the Comhairle's approved Policy in relation to Improvement Grants for substantial rebuilding works stated that the Director for Sustainable Communities was authorised to approve applications for Improvement Grant only when the proposed improvements: (a) would not change the identity of the existing house; (b) would not produce a floor area of twice the original; (c) would utilise at least 75% of the external walls of the existing house, and; (d) would compromise at least one other element, e.g. joists, rafters of the existing house, in addition to foundations and the walls. The Report concluded that in light of the condition and construction of the existing structure, it was acknowledged that it was impossible to improve the house within the constraints of the Policy and also comply with all the required criteria.
		It was agreed that, notwithstanding current Policy restrictions, the Improvement Grant reference no: 98/00018/IG be approved in principle and that the Director for Sustainable Communities be given delegated authority to formally approve the case when the application had accrued sufficient points in the tranche of approvals being awarded in a particular month.
Application for Improvement Grant H10.01.03	11	The Director for Sustainable Communities submitted a Report concerning an application for Improvement Grant reference no: 01/00090/IG, where Policy constraint had prevented the application being determined by him. It was intimated in the Report that the applicant met the Comhairle's extreme financial hardship criteria and had submitted proof that the necessary shortfall funding was available. The Report concluded that without the extreme financial hardship level of grant, it was doubtful if the improvement works referred to in the Report would proceed, with the result that the house referred to in the Report would remain below the tolerable standard. It was agreed to approve the application, reference no: 01/00090/IG for an Improvement Grant in respect of the works 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 two items on the grounds that exempt information relating to the financial or business affairs of any particular person, other than the Comhairle, would be disclosed.
		RELATED MATTERS
Sale of Land, Stornoway, Isle of Lewis H15.27.05	12	The Director of Corporate Services submitted a Report concerning a request to purchase a small plot of unsued land, as detailed in the Report, for use as additional garden ground. It was intimated in the Report that the land which was held on the Housing Revenue Account was not used by the Comhairle and that it was not a practical proposition to develop the land for further housing.
		It was agreed that the land shown in the plan attached to the Report by the Director of Corporate Services, be sold for use as garden ground, only to the owner of the adjoining flat referred to in the Report, at the District Valuer's valuation, subject to the purchaser paying the Comhairle's legal fees and the District Valuer's fee and to such other conditions as the Director of Corporate Services, in consultation with relevant Heads of Service may determine, and subject to obtaining the consent of Scottish Ministers.
Request to Terminate Contract LB20.01	13	There was submitted a Joint Report by the Director of Corporate Services and the Director of Housing to determine a request for the termination of a contract regarding the purchase of the property referred to in the Report. It was indicated in the Report that the tenants of the property were not paying rent at the present time and that in light of the nature of the request to terminate the contract, it was not considered that the matter could be dealt with in terms of the Scheme of Delegation.
		It was agreed that the request for the termination of the contract, by Mrs AB and Mr AB in respect of the property detailed in the Joint Report by the Director of Corporate Services and the Director of Housing, be approved, on the basis detailed in the Report.