The Housing Strategy and Quality Manager presented the report to Members explaining that a report had been put before the Committee last year and Officers were back with a further update for Members following the Housing and Planning Act 2016 receiving royal assent in May 2016.

Members were notified that Officers had provisions in place and were awaiting further information on the legislation and guidance from the Government.

During discussions Officers advised of the three key changes to local authority and private Housing which were to be introduced by the legislation:

·         Fixed Term tenancies

·         Pay to Stay provisions

·         Sale of higher value Council houses

Members were taken through the changes and the following was highlighted:

·         The 2016 Housing and Planning Act required all Local Authorities to issue only fixed term secure tenancies;

·         The tenancies were to be for a minimum period of two years and a maximum of ten years. There was an exception where children under the age of 9 were living in the property, then the tenancy could be extended up to the 19th birthday of the child.

·         The Council could determine the length of period that tenancies for properties without children would be given, provisions for the elderly and those with disabilities could also be included;

·         Six months before the end of the fixed term the Council were to review the tenancy;

·         The Council were to charge a higher rent to a tenant on a ‘high income’. High income would initially mean over £31,000 in England, outside London;

·         The Pay to Stay scheme was likely to affect around 700 households within Thurrock and any receipts were to be paid to the treasury The Act also required the Council to pay a sum equivalent to the market value of any ‘higher value’ Council housing stock which would become vacant during the year. Members were notified that Officers were awaiting further details regarding the definition of ‘higher value’.

The Chair of the Committee enquired as to the consultation period within the recommendations of the report. The Housing Strategy and Quality Manager explained the consultation would be started following the meeting with the plan to report back to the Committee in October, prior to Cabinet in November.

Councillor Redsell queried as to who was on the working group and whether the new legislation would affect the right to buy scheme. Officers confirmed that the right to buy scheme would not be affected by the legislation. She continued by explaining the working group was currently officer based, however Members would be invited to the consultation

Councillor Pothecary sought clarification if a child was under 9years; if once the 10year period was finished if a family would be removed from their property. Officers explained that the Council had discretion within the Tenancy Policy to grant a further fixed term tenancy.

Councillor MacPherson commented that the minimum tenancy was for 2years, she further sought as to how a tenant could end their tenancy if they so wished.   The Housing Strategy and Quality Manager informed the Committee that tenants could end their tenancy in the usual way at any time.

The Chair of the Committee clarified that Officers were awaiting further guidance and information from the Government and confirmed with Officers that a report would be presented to the Committee at their October meeting.

The Housing Enforcement Manager reported to Members the extension of Mandatory Licensing for Houses of Multiple Occupation (HMOs) in doing so he explained:

·         At the end of December 2015, the Government consulted on the proposals to extend the scope of mandatory licensing of HMOs, following the new definition to extend the scope of mandatory licensing of HMOs  Thurrock has over 300 two storey HMO buildings, including shared houses and single tenancies on its private sector housing database;

·         The Council were proposing new fees to be implemented in 2017/2018, with the proposed fees reflecting the administrative costs to license the HMO changes;

·         Should the two storey HMO definition be adopted, it would require 300 HMO landlords in the borough to be licensed and;

·         The new fees took into account the local housing supply conditions in the private rented sector and would encourage private landlord authorisation to ensure decent standards in properties; where there were several people sharing basic facilities and further required landlords to be a ‘Fit and Proper’ person to be granted a licence. 

The Housing Enforcement Manager continued to advise the Committee that Essex Police were supportive of the initiative as it may assist in reducing crime and disorder related to poorly managed HMOs.

Councillor Rice, Chair of the Committee commented that he welcomed the new regulations.

Members enquired as to how the Council would find HMOs and how would the needs of young people be assisted. Officers stated that the Council knew of 300 HMO within the borough and this was largely linked to complaints and Housing Benefit data. It was confirmed that through the consultation Officers would incorporate the needs of young people.

The Committee queried as to different services within the Council working together such as: Planning, Council Tax and Benefits. The Housing Enforcement Manager confirmed that his team were working alongside Officers in Planning, Building Control and Trading Standings.

RESOLVED that the Housing Overview & Scrutiny Committee:

1.         Note the new legislative requirements of the Housing & Planning Act 2016;

2.         Approve a public consultation to inform a revised tenancy policy;

3.         Approve a public consultation into an extension of HMO licensing and new fees 2017/18;

4.         Agree to review the outcomes of the consultations at the next Overview & Scrutiny meeting in October with a view to making recommendations to Cabinet in November.