Agenda item

The Scrutiny and Overview Committee received drafts of the Private Sector Housing Policy and Civil Penalties Procedure and Guidance, together with a draft Cabinet report from the Head of Waste and Environment. Councillor Brian Milnes (Lead Cabinet Member for Environment and Licensing) was in attendance to give evidence to the Committee.

Councillor Dr. Claire Daunton asked why this matter was the responsibility of Environmental Health rather than Housing. In reply, the Lead Cabinet Member explained that the proposed Policy amounted to an enforcement and licensing function that fell within his remit as Lead Cabinet Member.

Councillor Nigel Cathcart commented that properties were sometimes in poor repair because tenants had failed in their responsibilities to look after them. He urged caution and said that, while he welcomed a Policy that offered protection for tenants, reasonable balance was needed to ensure appropriate support for landlords. Councillor Cathcart emphasised the need to make sure that appropriate resources were committed to this Policy, and the Service Manager (People, Protection and Planning) assured him that the Environmental Health & Licensing team had been restructured recently and that staff members were in place. The Scrutiny and Overview Committee noted that money received as a result of fines levied under the Policy would remain with South Cambridgeshire District Council.

Picking up on a comment from Councillor Cathcart, Councillor Anna Bradnam reiterated the need for some degree of protection for landlords. The Lead Cabinet Member said that the aim of the Policy was to protect tenants. Other measures, such as the Tenants’ Deposit Scheme, existed for the benefit of landlords. The Service Manager (People, Protection and Planning) informed Members that the Policy would not apply in the case of substitute-letting.

Councillor Steve Hunt (a Scrutiny and Overview Committee member joining the meeting by video conference) sought to compare and contrast the proposed Private Sector Housing Policy and the Council’s Empty Homes Strategy in order to establish what protection existed for neighbours. The Chair invited Councillor Hunt and the Service Manager (People, Protection and Planning) to discuss this aspect outside the current meeting.

Councillor Graham Cone agreed that the Policy must strike a balance between landlords and tenants (notwithstanding the legal remedies available to landlords) and that the availability of resources was of prime importance. Councillor Cone wondered what potential there was for the Council to work more closely with bigger landlords to minimise those instances where the Policy might otherwise be applied. The Lead Cabinet Member said that the Policy would apply to all landlords, regardless of size. Dialogue was important, but so was the scheme of escalation designed to deal with different landlords and with persistent offenders.

Highlighting the need for the Policy to use consistent and precise language throughout, Councillor Dr. Richard Williams said that the doctrine of reasonableness was a key issue. South Cambridgeshire District Council must apply the Policy in connection with those properties managed by its own arms-length company Ermine Street Housing. The Chair invited Councillor Richard Williams, the Service Manager (People, Protection and Planning) and the Lead Cabinet Member to discuss further details outside the current meeting.

Noting that the problems sometimes caused by properties not being occupied was a matter for the Council’s Housing Service, Councillor Dr. Martin Cahn suggested that there might be scope for joint working across the Authority. And in an effort to encourage good property management, Councillor Cahn suggested that consideration be given to a ‘Landlord Awards Scheme’.

Councillor Peter Fane focussed on the benefits of having a meaningful dialogue with landlords and, to this end, regretted any reference to ‘rogue landlords’. He also highlighted Houses in Multiple Occupation where unruly tenants might cause more of a nuisance for other tenants rather than anyone else. It was also important keep landlord contact information up to date.

Councillor Geoff Harvey wondered how penalties were related to income. The Service Manager (People, Protection and Planning) said she would clarify this in the final document. Fairness was also an issue.

Councillor Dr. Tumi Hawkins gave evidence to the Committee in her capacity as a landlord having dealings with five local authorities. She observed that it was unusual to see housing matters dealt with by an Environmental Health Service. Councillor Hawkins extolled the virtue of good communication as one way of forging a positive relationship between landlords and their tenants. The Council needed to be conscious of the possibility of tenants lodging malicious complaints. It also needed officers with the expertise to conduct effective and fair assessments to prevent landlords being branded unfairly as bad landlords.

By affirmation, the Scrutiny and Overview Committee commended the Private Sector Housing Policy to Cabinet, subject to the comments referred to above and further work being carried out as noted.

(Councillor Anna Bradnam missed the first part of this item, did not vote, and did not form part of the affirmation.)