Decision details

To approve the Rent Regulation Error Refund / Remediation Policy.

The report relates to a key decision that was not included on the Forward Plan for the whole 28-day requirement before the meeting because an urgent decision that now necessitated the report was not made until 26 February 2024 and legal advice was also awaited. With the permission of the Chair of Housing Scrutiny Committee the urgency procedure was invoked to suspend the 28 day requirement so that the item could be considered at Committee so it is open to scrutiny and debate rather than a decision being made through the out of cycle process.

Matter for Decision

In late 2023, the Council identified two breaches of the rent regulations, which resulted in some tenants being historically over-charged, with the need to refund any overpayment.

The report sought approval for a refund policy specific to this issue, to sit alongside any other refund policy, to ensure that there was clarity and consistency in respect of considering and making these refunds.

Decision of Executive Councillor for Housing and Homelessness

      i.         Approved the Rent Regulation Error Refund / Remediation Policy as detailed in Appendix A in the officer’s report.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Head of Finance and Business Manager.

The Assistant Director of Housing and Homelessness said the following in response to Members’ questions:

      i.         There was a mechanism with the Policy which would allow joint tenants to be dealt with separately if a need arose; noting concerns raised by members regarding tenants who were victims of domestic abuse. 

    ii.         Rent Officers can put a mechanism in place to ensure that if a tenant’s rent is reduced (to facilitate a rent regulation error refund) that the rent level is restored once the refund is complete. The Financial Inclusion Team would support vulnerable tenants with their rent.

The Committee unanimously resolved to endorse the recommendation.

The Executive Councillor approved the recommendation.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.