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Delegation of Powers to Make Interim Management Orders

Meeting: 14/01/2015 - Housing Scrutiny Committee (Item 45)

45 Delegation of Powers to Make Interim Management Orders pdf icon PDF 113 KB

Report attached separately.

 

Minutes:

This item was chaired by Councillor Todd-Jones and the item was called in for debate by Diana Minns and Diane Best.

 

Matter for Decision

 

The report sought agreement that where the Council have a duty to make a Management Order that this power to make Interim Management Order (IMOs) and Final Management Order (FOM’s) be delegated to the Head of Refuse and Environment. Where discretion exists in relation to the making of a Management Order then the power should remain with the Executive Councillor for Housing.

 

Decision of Executive Councillor for Housing

 

The Executive Councillor for Housing resolved to:

 

  i.  Approved an amendment to the Constitution that where the Council have a duty to make a Management Order that this power be delegated to the Head of Refuse and Environment. Where discretion exists in relation to the making of a Management Order then the power should remain with the Executive Councillor for Housing.

 

Scrutiny Considerations

 

A report from the Team Manager (Residential) outlined when an IMO and FMO would be made by the Council in respect of a residential property. They are a vital tool in ensuring that whilst steps are taken to improve the skills and approach of the landlord the occupiers are not put at risk.

 

Comments from the Committee:

 

  i.  Found the description of a prosecution in the Officer’s report helpful.

  ii.  Asked if the IMO or FMO would be allocated to an individual property or all the properties in the Landlord’s portfolios.

  iii.  Asked if the Landlord would still retain the freehold.

  iv.  Queried if this would apply to licensed properties or none licenced properties.

  v.  Asked who is responsible for costing and repairs of the property when taken over by the Council.

  vi.  Queried under what circumstances would a tenant have to be moved to temporary accommodation?

 vii.  Could a compulsory purchase order still be issued?

viii.  What percentage of private accommodation in the City needs / have had enforcement.

 

In response to Committees comments Officers, the Director of Community and Customer Services stated the following:

  i.  Each property would be individually assessed.

  ii.  Licensed properties would come under the delegated power.  Unlicensed properties would come under the delegated power of the Executive Councillor for Housing.

  iii.  The Council would be responsible for the cost of repairs and would be covered by the rental income.

  iv.  The Council would not own the freehold on the property but there would be a charge on the property, similar to when a mortgage company manages the property.

  v.  There may be circumstances when a tenant would have to be moved and there could be financial implications to the Council.

  vi.  Confirmed that the powers for a compulsory purchase still exist but are not used.

 vii.  Could not give details on the question of private accommodation.

 

The Committee:

 

Resolved (unanimously) to approve 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.