policy on discharging the homelessness duty into the private … · 2013-02-05 · 6 appendix 1...

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PART I

South Lakeland District Council

CABINET Meeting Date: 13 February 2013

Report Author: Julie Jackson, Senior Housing Strategy Officer

Portfolio: Cllr Clare Feeney-Johnson, Environment & Sustainability Portfolio Holder

Report from: David Sykes, Director People and Places

Wards affected: All

Key Decision: KD8/2013

Key Decision Notice:

11 January 2013

Policy on Discharging the Homelessness Duty into the Private Rented Sector

1.0 PURPOSE OF REPORT

1.1 This report is presented to seek approval of a Policy on Discharging the Homelessness Duty into the Private Rented Sector. The Policy will enable statutory homeless households to be rehoused more quickly out of temporary accommodation into a private rented sector assured short-hold tenancy of no less than 12 months.

2.0 RECOMMENDATIONS

It is recommended that Cabinet:-

(1) Approve the Policy on Discharging the Homelessness Duty into the Private Rented Sector

3.0 BACKGROUND

3.1 The Localism Act 2011 gives the Council a power (enacted November 2012) to discharge the statutory homelessness duty into the private rented sector, provided that a 12 month assured short-hold tenancy is offered and that the offer is ‘suitable’ in relation to meeting the needs of the household and being in reasonable condition as per the Homelessness (Suitability of Accommodation) (England) Order 2012. Statutory homelessness households are those households that meet a certain criteria defined by homelessness legislation (i.e. the Housing Act 1996, Homelessness Act 2002 and Homelessness (priority need for accommodation) (England) Order 2002). They usually include households with dependent children, pregnant women or a household containing a person who is vulnerable.

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3.2 The Council agreed a revised Homelessness Strategy Action Plan in 2011 which set out the Council’s intention to make use of this power, which will enable statutory homeless households to be rehoused more quickly out of temporary accommodation. At present it can take six months or more to secure suitable social rented accommodation due to the slow turnover of housing and high level of housing need of those people registered on the Cumbria Choice Scheme.

3.3 The Council has been working over the past 12 months to increase the supply of private rented accommodation through a pilot social lettings scheme, securing 6 properties. It is envisaged that such a scheme if expanded could be beneficial in opening up the private rented sector to homeless households.

3.4 Should the Council adopt the Policy to discharge the homelessness duty into the private rented sector then this will not only alleviate homelessness by providing a private rented sector tenancy, but it will also free up the temporary accommodation for other non-statutory homeless households to prevent rough sleeping.

4.0 RESEARCH AND CONSULTATION

4.1 Statutory and voluntary sector agencies with an interest in homelessness were consulted prior to the approval of the recently revised Homelessness Strategy Action Plan. The Action Plan contained the action to “Investigate and implement options to work with the private rented sector to discharge the homelessness duty and increase supply of accommodation to those in need” Internal consultation has taken place with the Housing Options Team who will be implementing the Policy and the Housing Renewal Team who will be inspecting properties.

4.2 The draft Policy has been subjected to an Equality Impact Assessment.

5.0 PROPOSAL

5.1 That Cabinet approve the Policy on Discharging the Homelessness Duty into the Private Rented Sector to increase the supply of accommodation available to those in need.

6.0 ALTERNATIVE OPTIONS

6.1 The Council could decide not to adopt the power to discharge the homelessness duty into the private rented sector. However, this is not recommended as it would lessen the supply of accommodation to homeless households resulting in these households staying longer in temporary accommodation whilst awaiting an offer of social housing. This would be contrary to the revised Homelessness Strategy Action Plan.

7.0 NEXT STEPS

7.1 Standard letters will need to be revised so that homeless applicants are aware that they are likely to receive an offer of private rented accommodation if the Council accepts a homelessness duty. The Housing Options Team will need to secure suitable accommodation for statutory homeless households. The Policy will be published and placed on the Council’s web-site.

8.0 IMPLICATIONS

8.1 Financial and Resources

8.1.1 The Council may need to provide rent in advance/deposit guarantees to private landlords. This is already funded through the Homelessness Prevention Grant that the Council receives from the Department of Communities and Local Government. This funding increased in 2011/12 from £41k to £85k and has remained at £85k for 2012/13. Correspondingly the Council has increased the number of private rented

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sector tenancies secured for homeless households with an incentive such as rent in advance/deposit from 25 in 2010/11 to 41 in 2011/12.

8.2 Human Resources

8.2.1 Not applicable.

8.3 Legal

8.3.1 In accordance with the Homelessness (Suitability of Accommodation) (England) Order 2012, the Council would need to ensure that any offers of accommodation in the private rented sector were ‘suitable’ as set out in the Policy. Letters to statutory homeless households need to advise applicants that should they become homeless again within a 2 year period from the date an offer of a private rented sector tenancy was accepted that they can reapply to the Council.

8.4 Social, Economic and Environmental Impact

8.4.1 Has a sustainability impact assessment been carried out? Yes

8.4.2 This proposal is considered to have a positive impact on sustainability.

9.0 RISK ASSESSMENT

Risk Consequence Controls required

Insufficient private rented sector accommodation is sourced to meet the need.

Statutory homeless households would continue to be living in temporary accommodation for long periods whilst awaiting social housing.

Sourcing properties through appropriate contacts and advertising with private rented sector landlords through the Social Lettings Scheme.

Accommodation offered is not of a reasonable standard.

Could be a safety risk to ingoing tenants.

That the Policy is followed and inspections of private rented sector offers ensure that properties are of a reasonable standard.

10.0 EQUALITY AND DIVERSITY

10.1 An equality impact assessment has been conducted and is appended to this report as Appendix 2.

11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS

11.1 The proposal will help to meet the Corporate Plan objectives for Housing, by Providing Housing which meets need, and reducing Homelessness.

11.2 The Policy will assist the Council in meeting the Corporate Plan target of 20 homeless households or less in temporary accommodation.

12.0 CONCLUSION AND EXPECTED OUTCOMES

12.1 By adopting a Policy on Discharging the Homelessness duty into the private rented sector the Council will be providing an opportunity to work more closely with private sector landlords to secure more suitable accommodation for statutory homeless households. This would provide a much needed resource to homeless households spending long periods in temporary accommodation with all the uncertainty this entails. The outcomes would be that statutory homeless households would be housed more quickly and that temporary accommodation could be used in other ways, such as to prevent rough sleeping among non-statutory homeless households.

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APPENDICES ATTACHED TO THIS REPORT

Appendix No.

1 Appendix 1 – Policy on Discharging the Homelessness Duty into the Private Rented Sector.

2 Appendix 2 – Equality Impact Assessment

CONTACT OFFICERS

Julie Jackson, Senior Housing Strategy Officer, 01539 717439, [email protected]

BACKGROUND DOCUMENTS AVAILABLE

Homelessness Strategy Action Plan 2011 – 2013 - http://www.southlakeland.gov.uk/documentBrowser/Housing/02%20Housing%20Strategies%20&%20Polici

es/05%20Homelessness%20Strategy%20Action%20Plan%20October%202011-13.pdf

TRACKING

Assistant Director

Portfolio Holder

Solicitor to the Council

SMT Scrutiny Committee

16.1.13 16.1.13 16.1.13 24.1.13

Executive (Cabinet)

Committee Council Section 151 Officer

Monitoring Officer

16.1.13 16.1.13

Human Resource Services Manager

16.1.13

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– APPENDIX 1 PURPOSE OF APPENDIX

1 The purpose of this Appendix is to set out the Policy on Discharging the Homelessness Duty into the Private Rented Sector.

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Appendix 1


1.0 Introduction

The Council agreed a revised Homelessness Strategy Action Plan in 2011 and one of the actions is to ‘investigate and implement options to work with the private rented sector to discharge the homelessness duty and increase supply of accommodation to those in need’. Under one of the provisions of the Localism Act 2011 which took effect in November 2012, Local Authorities can now ‘if they choose’ discharge the homelessness duty into the private rented sector. This Policy forms South Lakeland District Council’s approach with regard to the new power. This Policy has been formed taking into account issues arising from the Tenancy Strategy, Allocation Policy and Homelessness Strategy. As this is a power as opposed to a duty the Council can decide its approach to using this power. The main options available to local authorities are:-

1 Do not adopt the power 2 Use the power to end the duty of some, but not all cases through the use of a

targeted approach 3 Use the power to end the duty of some, but not all cases through a less targeted

approach 4 Use the power to end the duty for all accepted homelessness cases

The approach that South Lakeland District Council will use is Option 2 and the cases that will determine whether or not the duty is ended in the private rented sector are described below.

Additionally, the checks that are made to determine whether a property is ‘suitable’ should also apply to offers of interim/temporary accommodation and offers made as a prevention option.

2.0 Using the Private Rented Sector to Discharge the Homelessness Duty This Policy considers a number of factors in discharging the homelessness duty in the private rented sector, namely:-

• In what circumstances will an offer of a private rented sector tenancy be suitable for a statutory homeless household?

• Can a sufficient supply of private rented properties be made available for this purpose?

• Is the property in a ‘suitable’ condition in terms of standards and management?

• Will the property be affordable to the ingoing tenants?

• Is the property a ‘suitable’ offer taking into account the need to be a reasonable distance from work, schools etc.

Each of these factors is examined below:-

2.1 In what circumstances will an offer of a private rented sector tenancy be suitable for a statutory homeless household? An offer of a private rented tenancy may be made to any statutory homeless household apart from in the following exceptional circumstances:-

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• The household is particularly vulnerable by way of old age, physical disability, mental health/learning difficulty and in need of supported accommodation;

• There is no suitable private sector tenancy available that meets the household’s needs, for example where there is a physical disability and the property is not accessible;

• There is no suitable private sector tenancy available taking into account the provisions set out at 2.3, 2.4 and 2.5 in this Policy, i.e. condition and management of the property, affordability and location

• In cases of domestic violence only where the property concerned is deemed to be too near the alleged perpetrator and could put the household at risk of harm.

• In cases of racial harassment/hate crime only where the property concerned is deemed to be too near the alleged perpetrator and could put the household at risk of harm.

• In cases of mild mental health and learning difficulty where the accommodation is located away from support networks.

2.2 Can a sufficient supply of private rented properties be made available for this purpose?

The Council is developing a private rented sector access scheme that if approved, will open up the private rented sector to households receiving housing benefit (soon to be Universal Credit) including homeless households. A pilot scheme has been running and approval is being sought for this to be expanded.

As there are currently more applicants than properties available, cases that are currently in temporary accommodation should be given reasonable priority for private rented sector tenancies, thus allowing effective use of temporary accommodation for other households who may need this provision. Where properties do not match the needs of households currently in temporary accommodation, then reasonable priority should be given to those cases that have been accepted and have been waiting to be rehoused the longest.

2.3 Is the property in a ‘suitable’ condition in terms of standards and management?

Each property should be subject to inspection by the Private Sector Renewal Team to ensure that there are no Category 1 hazards under the Housing, Health and Safety Rating System (HHERS), electric and gas checks are up to date, the property is in a reasonable state of repair. With reference to the Homelessness (Suitability of Accommodation) (England) Order 2012 the following must be adhered to:- “For the purposes of a private rented sector offer under section 193(7F) of the Housing Act 1996, accommodation shall not be regarded as suitable where one or more of the following apply–

(a) the local housing authority are of the view that the accommodation is not in a reasonable physical condition;

(b) the local housing authority are of the view that any electrical equipment supplied with the accommodation does not meet the requirements of regulations 5 and 7 of the Electrical Equipment (Safety) Regulations 1994;

(c) the local housing authority are of the view that the landlord has not taken reasonable fire safety precautions with the accommodation and any furnishings supplied with it;

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(d) the local housing authority are of the view that the landlord has not taken reasonable precautions to prevent the possibility of carbon monoxide poisoning in the accommodation;

(e) the local housing authority are of the view that the landlord is not a fit and proper person to act in the capacity of landlord, having considered if the person has:

(i) committed any offence involving fraud or other dishonesty, or violence or illegal drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003(offences attracting notification requirements);

(ii) practised unlawful discrimination on grounds of sex, race, age, disability, marriage or civil partnership, pregnancy or maternity, religion or belief, sexual orientation, gender identity or gender reassignment in, or in connection with, the carrying on of any business;

(iii) contravened any provision of the law relating to housing (including landlord or tenant law); or

(iv) acted otherwise than in accordance with any applicable code of practice for the management of a house in multiple occupation, approved under section 233 of the Housing Act 2004;

(f) the accommodation is a house in multiple occupation subject to licensing under section 55 of the Housing Act 2004 and is not licensed;

(g) the accommodation is a house in multiple occupation subject to additional licensing under section 56 of the Housing Act 2004 and is not licensed;

(h) the accommodation is or forms part of residential property which does not have a valid energy performance certificate as required by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007;

(i) the accommodation is or forms part of relevant premises which do not have a current gas safety record in accordance with regulation 36 of the Gas Safety (Installation and Use) Regulations 1998; or

(j) the landlord has not provided to the local housing authority a written tenancy agreement, which the landlord proposes to use for the purposes of a private rented sector offer, and which the local housing authority considers to be adequate.”

Additionally, the Council will need to consider the ability of the ingoing tenants to furnish the property, unless it is already furnished. The Council will liaise with the furniture scheme provided through Impact Housing Association.

2.4 Will the property be affordable to the ingoing tenants? As a Strategic Housing Authority the Council would wish to ensure that any tenancy can be maintained by the ingoing tenants including the ability to meet the rental charges, thereby avoiding future homelessness in accordance with the Homelessness Strategy. The majority of homeless households receiving an offer of a private rented sector dwelling will be on welfare benefits which are subject to further changes in 2013 and introduction of Universal Credit. An affordability check, i.e. assessing income and expenditure, should be completed by Housing Options advisers to determine the ability of tenants to pay the rent on the property taking into account potential housing benefit available and income level. In particular Housing Options advisers should take into account:-

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• Necessities - food, clothing, heating, child care, travel costs;

• Other expenditure – debts such as loans and credit card repayments, any other reasonable expenditure.

The Council will need to ensure that any requirement for rent in advance/bond can be met within existing resources. Housing Options staff should liaise with Revenues and Benefits in considering the need for Discretionary Housing Payments if necessary. The affordability check should be completed for any private sector rented accommodation whether for discharging the homelessness duty, provision of temporary or interim accommodation or accommodation provided as a prevention option. Government guidelines state that ‘accommodation should be regarded as not being affordable if the applicant would be left with a residual income which would be less than the level of income support or income based jobseeker’s allowance that is applicable in respect of the applicant, or would be applicable if he or she was entitled to claim such benefit’.

2.5 Is the property a ‘suitable’ offer taking into account the need to be a reasonable distance from work, training, medical facilities, schools etc.

The Homelessness (Suitability of Accommodation) (England) Order 2012 commenced on 9 November 2012 and sets out the circumstances that will determine whether the offer is ‘suitable’. In particular, in accordance with the Order the local housing authority must take into account:-

“where the accommodation is situated outside the district of the local housing authority, the distance of the accommodation from the district of the authority; (b) the significance of any disruption which would be caused by the location of

the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household;

(c) the proximity and accessibility of the accommodation to medical facilities and other support which— (i) are currently used by or provided to the person or members of the

person’s household; and (ii) are essential to the well-being of the person or members of the

person’s household; and (d) the proximity and accessibility of the accommodation to local services,

amenities and transport.”

3.0 Other Provisions

When ending a duty with an offer of a private rented sector tenancy, the Council may offer a break clause to the Landlord after 6 months, thereby ensuring that the tenancy is working for both the Landlord and tenant.

Housing Options advisers should document the reason why an offer of a private rented sector has or has not been made in reaching a decision to end the homelessness duty.

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Revised standard letters will be issued to homeless applicants stating that any household in the future, (i.e. from 9 November 2012) that is accepted as homeless may have the homeless duty ended through one offer of a suitable private rented sector assured short-hold tenancy. Applicants should be advised of their right to appeal regarding the suitability of the offer.

An applicant may reapply to the Council should they become homeless again within a 2 year period from the date an offer of a private rented sector tenancy was accepted. Housing Options advisers should ensure that this date is recorded appropriately and the correct legal process is followed.

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– APPENDIX 2 PURPOSE OF APPENDIX

1 The purpose of this Appendix is to set out the Equality Impact Assessment relating to the Policy on Discharging the Homelessness Duty into the Private Rented Sector.

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Appendix 2

EIA Title:

1.0 The public sector equality duty (2011) covers the following eight protected characteristics:

Age, disability, race, religion or belief, sex, sexual orientation, gender reassignment, pregnancy and maternity. The duty also covers marriage and civil partnership, but only relating to the elimination of unlawful discrimination (see below, 2.0).

1.1 SLDC includes “rurality” as an additional category in its equality impact

assessments.

2.0 The General Equality Duty. SLDC, in the exercise of its functions, should: a. Eliminate unlawful discrimination, harassment and victimisation and

other conduct prohibited by the Act. b. Advance equality of opportunity between people who share a

protected characteristic and those who do not. c. Foster good relations between people who share

a protected characteristic and those who do not.

Policy on Discharging the Homelessness Duty into the Private

Rented Sector

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Step 1

Summarise the subject and expected outcomes of this EIA. The Localism Act 2011 allows the Council to adopt a power to discharge the homelessness duty into the private rented sector.

The homeless duty arises when a household presents to the Council as homeless or threatened with homelessness within 28 days and meets a certain criteria. They usually include households with dependent children, pregnant women or a household containing a person who is vulnerable.

The Council has drafted a policy on discharging the homelessness duty into the private rented sector. The Policy sets out the circumstances that will be considered before an offer of a private rented tenancy is made. In particular, there are safeguards in relation to the condition and location of the property and safeguards for vulnerable people who may need a supported housing option.

Who are your main stakeholders and list any engagement undertaken (include surveys,

feedback forms, complaints, statistics etc). Voluntary and Statutory Sector agencies such as Cumbria County Council, Inspira, Manna House, SLDC Housing Options Team, SLDC Housing Renewal Team, Shelter, Registered Providers who have an interest in homelessness.

Consultation took place with these agencies in order to draw up the most recent Homelessness Strategy Action Plan. This contains the action to “Investigate and implement options to work with the private rented sector to discharge the homelessness duty and increase supply of accommodation to those in need”.

Step 2

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Equality Action Plan

In providing this service will there be any negative impacts on the following people?

1. Age (young and old) 2. Black and Minority

Ethnic 3. Disabled 4. Faith/Belief 5. Sexual Orientation 6. Gender 7. Gender

reassignment 8. Pregnancy and

maternity 9. Marriage and Civil

Partnership 10. People in rural

areas

(See glossary below for definitions)

Mitigating actions (to avoid negative impact):

Lead Officer &

When

Complete Y/N

Age – older people – some older people may struggle without adequate support in the private rented sector.

Particularly vulnerable older people will receive an offer that is appropriate such as sheltered or ‘extra care’ housing. Where an older person may be able to manage then an offer will be made providing that appropriate support is available, such as floating support.

Housing Options Manager

Disability – for people with physical disability and/or learning difficulties the private rented sector offer may not be a ‘suitable’ offer as set out in the draft Policy.

A private rented sector offer will take account of the household’s needs. For example, if there is no accessible property available then it would be more appropriate to offer supported housing or an adapted property in the social rented sector. Additionally, for people with mild mental health and/or learning difficulties it would not be appropriate to rehouse them away from their current support networks.


People in rural areas – private rented accommodation tends to be more expensive than social rented, particularly in the rural areas outside of Kendal and Ulverston.

Housing Options staff will carry out an affordability check to determine that ingoing tenants will be able to afford the rent and avoid future homelessness.


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BME – English not first language – if households are allocated a private rented home they will need to receive adequate guidance to explain the rent charged and the ability to pay.

Ensuring plain English/easy read guides are available to those people that need them and that translation services are available.


BME – a private rented sector offer too near a perpetrator of racial harassment/hate crime.

The Housing Options Team will ensure that a private rented sector offer is suitable and that victims of racial harassment/hate crime are offered any additional support such as floating support as required.


Gender – a private rented sector offer too near a perpetrator of domestic violence

The Housing Options Team will ensure that a private rented sector offer is suitable and that domestic violence victims are offered additional support as required, such as floating support


All categories – monitoring to take place on an annual basis to review the Policy on its affect on equality and repeat homelessness

The Council will monitor the implementation of the Policy to ensure that any negative impacts are minimised and to ensure that repeat homelessness does not occur.

Senior Housing Strategy Officer

Step 3

Examples of good equality practice you have put in place (For example, all venues used are accessible for people with mobility, hearing and sight

impairments) The Policy sets out the circumstances when a private rented sector offer can be made, and contains safeguards to protect vulnerable people. Safeguards will ensure that private rented sector offers should be in a reasonable condition and free from Category 1 hazards under the Housing Health and Safety Rating System and that properties will be affordable to ingoing tenants. The Policy will be available in other formats as required.

The Council has an agreement in place to consult with: Cumbria Disability Network, OutREACH Cumbria, AWAZ (Black and Minority Ethnic organisation), Age UK and ACT (Action with Communities in Cumbria). To consult, contact the Policy Officer for equalities.

Date: 21 January 2013

EIA Author(s): Julie Jackson, Senior Housing Strategy Officer

Assistant Director: Michael Keane, Assistant Director Social Enterprise

Document version number: 1

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Date for Review: January 2014

EIA forwarded to Policy Officer Y

Glossary

Age: This refers to a person having a particular age (for example, 32 year-olds) or being within an age group (for example, 18-30 year-olds).

Civil partnership: Legal recognition of a same-sex couple’s relationship. Civil partners must be treated the same as married couples on a range of legal matters.

Disability: A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Includes: Physical/sensory disability:

Mental Health: Learning disability.

Gender reassignment: This is the process of transitioning from one sex to another, considered a personal process

rather than a medical one and it does not require someone to undergo medical treatment in order to be protected.

Maternity: The period after giving birth. It is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, including as a result of breastfeeding.

Race: It refers to a group of people defined by their colour, nationality (including citizenship), ethnic or national origins. Includes, Asian, Black and White minority ethnic groups inc. Eastern Europeans, Irish people and Gypsy Travellers.

Religion or belief: “Religion” means any religion, including a reference to a lack of religion. “Belief” includes religious and philosophical beliefs including lack of belief (for example, Atheism). The category includes, Christianity, Islam, Judaism, Hinduism, Buddhism, and non religious beliefs such as Humanism.

Rurality: South Lakeland is defined as ‘Rural-80’ – this means we have at least 80 percent of our population in rural settlements and larger market towns.

Sexual orientation: This is whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes.

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