27 March 2002 (Review)

HOUSING REVIEW PANEL

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 27 March 2002 at 6.00pm

PRESENT

Mr George Lonie (Chairman)

Mr Iain Morrison

Mr Norman M Macleod

Mr Donald Nicholson

Mr Murdo Macleod

Mr David Blaney

APOLOGIES

Mr Norman L Macdonald

Mr Angus Nicolson

MANAGEMENT

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 twelve 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.

Applications for Inter-Authority Mutual Exchange of Dwellings

1

The Assistant Director of Housing submitted a Report concerning a request in respect of a three-way mutual exchange of dwelling houses involving the Comhairle and another Authority. The Report set out the background associated with the request.

It was agreed that the Director of Housing be authorised to implement the three-way mutual exchange of dwelling houses, on the basis detailed in the Report by the Assistant Director of Housing.

Applications for Inter-Authority Mutual Exchange of Dwellings

2

The Assistant Director of Housing submitted a Report concerning a request in respect of a two-way mutual exchange of dwelling houses involving the Comhairle and another Authority. The Report set out the background associated with the request.

It was agreed that the Director of Housing be authorised to implement the two-way mutual exchange of dwelling houses on the basis detailed in the Report by the Assistant Director of Housing.

Former Tenant Rent Arrears Write-Off

HO5.01.02

3

The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific former tenant rent arrears, associated with the former tenancy reference number 0800935666 should be written-off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information in relation to the proposed write off.

It was agreed that the Director of Housing be authorised to write off £1,187.93 associated with the former tenancy reference number 0800935666 against the bad debt provision for former tenant rent arrears.

Former Tenant Rent Arrears Write-Off

HO5.01.02

4

The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific former tenant rent arrears, associated with the former tenancy reference number 1000328426, should be written-off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information in relation to the proposed write off.

It was agreed that:

(1) the Director of Housing be authorised to write off £3,470.76, associated with the former tenancy reference number 1000328426, against the bad debt provision for former tenant rent arrears; and

(2) it be delegated to the Director of Housing to determine any appropriate further action to be taken in respect of this case of former tenant rent arrears.

Current Tenant Rent Arrears Write-Off

HO5.01.02

5

The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific current tenant rent arrear, associated with tenancy reference number 0603650483 should be written off against the Housing Revenue Account for bad and doubtful debt. The Report gave background information in relation to the proposed write off.

It was agreed:

(1) that the Director of Housing be authorised to write off the current rent arrears of £2,064.81, as at 29 March 2002, against the bad debt provision for current tenant rent arrears; and

(2) to recommend that it be delegated to the Chief Executive to liaise with Calum Macdonald, MP, with a view to seeking a meeting with the Secretary of State for Work and Pensions, in the event of the Benefits Issues associated with the abovementioned current rent arrears write-off not being resolved administratively by the Director of Housing, on the basis that the Chairman, Director of Housing and an Officer nominated by the Chief Executive would represent the Comhairle at any meeting with the Secretary of State for Work and Pensions.

Former Tenant Rent Arrears Write-Off

HO5.01.02

6

The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific former tenant rent arrear, associated with the former tenancy invoice number B14132, should be written-off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information in relation to the proposed write off.

It was agreed that that the Director of Housing be authorised to write off £1,159.68, associated with former tenancy invoice number B14132, against the bad debt provision for former tenant rent arrears.

Update of information: Serious Rent Arrears

H05.01.02

7

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 Review Panel.

It was agreed to note the Report.

Serious Rent Arrears

H05.01.02

8

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0511590071. 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 that:

(1) it be delegated to the Director of Housing to negotiate a repayment agreement in respect of Ms EF's outstanding rent arrears, tenancy reference number 0511590071, within fourteen days of 27 March 2002;

(2) if any 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 number 0511590071; 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

H05.01.02

9

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0510803460. 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 tenancy reference number 0510803460, be written-off against the bad debt provision and be not pursued.

Mr AB, accompanied by Ms EF and the Assistant Director of Housing were invited into the Meeting.

Mr AB and the Assistant Director of Housing were invited to present their cases.

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

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

It was agreed:

(1) to accept Mr AB's offer to repay the rent arrears associated with tenancy reference number 0510803460 in full, within 6 weeks from 27 March 2002, and;

(2) that in the event that Mr AB did not repay all his outstanding rent arrears within a period of six weeks from 27 March 2002, the matter be referred to a future meeting of the Housing Review Panel.

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

Serious Rent Arrears

H05.01.02

10

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0800935581. 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 tenancy reference number 0800935581, 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 negotiate a repayment agreement in respect of Ms AB's outstanding rent arrears, tenancy reference number 0800935581, within fourteen days from 27 March 2002;

(2) it be delegated to the Director of Housing to seek, obtain and implement a Decree of Ejection if the arrangements relating to any repayment agreement determined by him 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.

Serious Rent Arrears

H05.01.02

11

The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0605780090. 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 tenancy reference number 0605780090, be written-off against the bad debt provision and be not pursued.

It was agreed to accept Ms AB's, tenancy reference number 0605780090, offer to make a payment of £770 on 27 March 2002 towards clearing all outstanding rent arrears, with a further payment to clear the remaining arrears on 1^st or 2^nd April 2002 and to set up a payment system for current rent due by monthly Direct Debit.

Serious Rent Arrears

H05.01.02

12

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 tenancy reference number 0707760326, be written-off against the bad debt provision and be not pursued.

It was agreed to:

(1) accept Mr AB's, tenancy reference number 0707760326, offer to repay £224.26 per month, inclusive of the current rent due towards clearing all outstanding rent arrears associated with the abovementioned tenancy, and;

(2) invite Mr AB to attend the next meeting of the Housing Review Panel.

The Chairman ruled that in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973, as detailed under the terms of Standing Order 8a, that the following item be considered as a matter of urgency in order to allow the Panel to take a view on the matter prior to the next meeting of the Panel.

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 any particular applicant for, or recipient or former recipient of, any financial assistance provided by the Comhairle, would be disclosed.

Grant Application involving Comhairle Officer

13

The Director for Sustainable Communities submitted a Report concerning an application for a Disabled Grant by Western Isles Care & Repair on behalf of Ms Janice Smith, who was the sister-in-law of a Secretary in the Department for Sustainable Communities. The Report indicated that the proposed works at 3 Jamieson Drive, Stornoway were eligible for grant.

It was agreed that the Director for Sustainable Communities be authorised to approve the application for a Disabled Grant in respect of the property at 3 Jamieson Drive, Stornoway, Isle of Lewis, on the basis detailed in the Report.

PRESENT	Mr George Lonie (Chairman)
	Mr Iain Morrison
	Mr Norman M Macleod	Mr Donald Nicholson
	Mr Murdo Macleod	Mr David Blaney

APOLOGIES	Mr Norman L Macdonald
	Mr Angus Nicolson

		MANAGEMENT
		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 twelve 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.
Applications for Inter-Authority Mutual Exchange of Dwellings	1	The Assistant Director of Housing submitted a Report concerning a request in respect of a three-way mutual exchange of dwelling houses involving the Comhairle and another Authority. The Report set out the background associated with the request. It was agreed that the Director of Housing be authorised to implement the three-way mutual exchange of dwelling houses, on the basis detailed in the Report by the Assistant Director of Housing.
Applications for Inter-Authority Mutual Exchange of Dwellings	2	The Assistant Director of Housing submitted a Report concerning a request in respect of a two-way mutual exchange of dwelling houses involving the Comhairle and another Authority. The Report set out the background associated with the request. It was agreed that the Director of Housing be authorised to implement the two-way mutual exchange of dwelling houses on the basis detailed in the Report by the Assistant Director of Housing.
Former Tenant Rent Arrears Write-Off HO5.01.02	3	The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific former tenant rent arrears, associated with the former tenancy reference number 0800935666 should be written-off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information in relation to the proposed write off. It was agreed that the Director of Housing be authorised to write off £1,187.93 associated with the former tenancy reference number 0800935666 against the bad debt provision for former tenant rent arrears.
Former Tenant Rent Arrears Write-Off HO5.01.02	4	The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific former tenant rent arrears, associated with the former tenancy reference number 1000328426, should be written-off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information in relation to the proposed write off. It was agreed that: (1) the Director of Housing be authorised to write off £3,470.76, associated with the former tenancy reference number 1000328426, against the bad debt provision for former tenant rent arrears; and (2) it be delegated to the Director of Housing to determine any appropriate further action to be taken in respect of this case of former tenant rent arrears.
Current Tenant Rent Arrears Write-Off HO5.01.02	5	The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific current tenant rent arrear, associated with tenancy reference number 0603650483 should be written off against the Housing Revenue Account for bad and doubtful debt. The Report gave background information in relation to the proposed write off. It was agreed: (1) that the Director of Housing be authorised to write off the current rent arrears of £2,064.81, as at 29 March 2002, against the bad debt provision for current tenant rent arrears; and (2) to recommend that it be delegated to the Chief Executive to liaise with Calum Macdonald, MP, with a view to seeking a meeting with the Secretary of State for Work and Pensions, in the event of the Benefits Issues associated with the abovementioned current rent arrears write-off not being resolved administratively by the Director of Housing, on the basis that the Chairman, Director of Housing and an Officer nominated by the Chief Executive would represent the Comhairle at any meeting with the Secretary of State for Work and Pensions.
Former Tenant Rent Arrears Write-Off HO5.01.02	6	The Assistant Director of Housing submitted a Report inviting the Panel to determine if a specific former tenant rent arrear, associated with the former tenancy invoice number B14132, should be written-off against the Housing Revenue Account provision for bad and doubtful debt. The Report gave background information in relation to the proposed write off. It was agreed that that the Director of Housing be authorised to write off £1,159.68, associated with former tenancy invoice number B14132, against the bad debt provision for former tenant rent arrears.
Update of information: Serious Rent Arrears H05.01.02	7	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 Review Panel. It was agreed to note the Report.
Serious Rent Arrears H05.01.02	8	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0511590071. 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 that: (1) it be delegated to the Director of Housing to negotiate a repayment agreement in respect of Ms EF's outstanding rent arrears, tenancy reference number 0511590071, within fourteen days of 27 March 2002; (2) if any 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 number 0511590071; 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 H05.01.02	9	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0510803460. 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 tenancy reference number 0510803460, be written-off against the bad debt provision and be not pursued.
		Mr AB, accompanied by Ms EF and the Assistant Director of Housing were invited into the Meeting. Mr AB and the Assistant Director of Housing were invited to present their cases. Both parties and Members of the Panel were given the opportunity to ask questions. Following presentation of the case, Mr AB, Ms EF and the Assistant Director of Housing withdrew from the Meeting during consideration of the matter.
		It was agreed: (1) to accept Mr AB's offer to repay the rent arrears associated with tenancy reference number 0510803460 in full, within 6 weeks from 27 March 2002, and; (2) that in the event that Mr AB did not repay all his outstanding rent arrears within a period of six weeks from 27 March 2002, the matter be referred to a future meeting of the Housing Review Panel. Mr AB, accompanied by Ms EF and the Assistant Director of Housing were invited into the Meeting and informed of the Panel's decision.
Serious Rent Arrears H05.01.02	10	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0800935581. 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 tenancy reference number 0800935581, 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 negotiate a repayment agreement in respect of Ms AB's outstanding rent arrears, tenancy reference number 0800935581, within fourteen days from 27 March 2002; (2) it be delegated to the Director of Housing to seek, obtain and implement a Decree of Ejection if the arrangements relating to any repayment agreement determined by him 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.
Serious Rent Arrears H05.01.02	11	The Assistant Director of Housing submitted a Report concerning tenant rent arrears in respect of tenancy reference number 0605780090. 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 tenancy reference number 0605780090, be written-off against the bad debt provision and be not pursued.
		It was agreed to accept Ms AB's, tenancy reference number 0605780090, offer to make a payment of £770 on 27 March 2002 towards clearing all outstanding rent arrears, with a further payment to clear the remaining arrears on 1^st or 2^nd April 2002 and to set up a payment system for current rent due by monthly Direct Debit.
Serious Rent Arrears H05.01.02	12	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 tenancy reference number 0707760326, be written-off against the bad debt provision and be not pursued.
		It was agreed to: (1) accept Mr AB's, tenancy reference number 0707760326, offer to repay £224.26 per month, inclusive of the current rent due towards clearing all outstanding rent arrears associated with the abovementioned tenancy, and; (2) invite Mr AB to attend the next meeting of the Housing Review Panel.
		The Chairman ruled that in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973, as detailed under the terms of Standing Order 8a, that the following item be considered as a matter of urgency in order to allow the Panel to take a view on the matter prior to the next meeting of the Panel. 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 any particular applicant for, or recipient or former recipient of, any financial assistance provided by the Comhairle, would be disclosed.
Grant Application involving Comhairle Officer	13	The Director for Sustainable Communities submitted a Report concerning an application for a Disabled Grant by Western Isles Care & Repair on behalf of Ms Janice Smith, who was the sister-in-law of a Secretary in the Department for Sustainable Communities. The Report indicated that the proposed works at 3 Jamieson Drive, Stornoway were eligible for grant.
		It was agreed that the Director for Sustainable Communities be authorised to approve the application for a Disabled Grant in respect of the property at 3 Jamieson Drive, Stornoway, Isle of Lewis, on the basis detailed in the Report.