Agenda item

Officer: Shifa Mustafa

Key decision: yes

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.    Consider the outcome of the consultation process detailed in the Consultation Report produced by Opinion Research Services (April 2020) (at Appendix 1 of the report), in particular the representations received and the Council’s consideration of, and response to, these representations (at Appendix 2 of the report).

2.    Consider the Consultation Evidence Report (at Appendix 3 of the report) which highlights the scale of problems relating to poor housing conditions and anti-social behaviour (ASB) in the private rented sector, identifies the objectives that a selective licensing designation would help the Council achieve and possible alternatives to such a designation and the equalities analysis at Appendix 13 of the report.

3.    Upon consideration of the matters at 1 and 2, agree to choose selective licensing scheme option 3; from the three options presented at Cabinet on the 21^st October 2019 that were central to the public consultation exercise and with due consideration of the alternative options presented; as the best option to proceed with, with the aim of achieving the significant improvements needed to the private rented sector in Croydon.

4.    Upon consideration of the matters at 1, 2 and the agreement in 3 and using its powers under s.80 Housing Act 2004, agree to the designation of 22 wards, called area A (predominately in north Croydon), as a selective licensing area delineated and edged red and infilled green on the map at Appendix 4 of the report.

5.    Upon consideration of the matters at 1, 2 and the agreement in 3 and using its powers under s.80 Housing Act 2004, agree to the designation of 6 wards, called area B (in south Croydon) as a selective licensing area as delineated and edged red and infilled orange on the map at Appendix 5 of the report.

6.    Subject to Cabinet agreeing 4 and / or 5 that Cabinet delegate to the Executive Director Place, in consultation with the Cabinet Member for Homes & Gateway Services and the Director of Law and Governance, responsibility for agreeing the final document/s forming the application(s) to request confirmation of the selective licensing designation(s) from the Ministry of Housing, Communities and Local Government (MHCLG);

7.    Subject to Cabinet agreeing 4 and / or 5 and where the appropriate national authority (Secretary of State for Housing, Communities and Local Government) confirms one or both designation(s) that Cabinet:

a.    Delegate authority to the Executive Director Place, in consultation with the  Cabinet Member for Homes & Gateway Services to agree, along with the national authority, that the respective commencement date(s) for the designation(s) be the 1^st February 2021 or from such other date as is specified by the national authority for this purpose;

b.    Agree the proposed scheme objectives as detailed in Appendix 6 of the report;

c.    Agree to the proposed fee structure for licence applications made under the selective licensing scheme(s) at Appendix 7 of the report;

d.    Agree the proposed licence conditions that would apply to any granted selective licence as set out at Appendix 8 of the report;

e.    Agree the proposed policy regarding the granting of property licences under any new licensing designation(s) at Appendix 11 of the report;

f.     Delegate to the Executive Director Place in consultation with the Cabinet Member for Homes & Gateway Services authority to agree changes to the proposed implementation of the schemes where necessary including updating scheme documentation to reflect revised commencement date/s specified by the national authority for this purpose and to ensure that all statutory notifications are carried out in the prescribed manner for the designations and to take all necessary steps to provide for the operational delivery of any licensing schemes agreed by Cabinet.

The Cabinet Member for Homes & Gateway Services informed Members that the council had launched the first Selective Licensing Scheme in Croydon in 2015 which sought to ensure private rented homes met required standards. The scheme covered over 36,000 properties in the borough.

Through the scheme, the council had taken action against non-compliance however it was noted that most landlords took corrective action where required and that it had not been necessary to take many to court. Although, Members were informed that over 70 landlords had been banned following contraventions.

Given the impact of the current scheme, the Cabinet Member stated it was imperative to renew the scheme to ensure private renters in the borough had good quality homes. The council had completed 12 weeks of consultation of the proposed new scheme through a variety of means including residents’ surveys and stakeholder group meetings. The outcome of the consultation found that 64% of residents felt that the current scheme had been effective and that 70% of Croydon residents were in favour of the council continuing with some form of Selective Licensing.

The Cabinet Member highlighted that the report sought Cabinet’s approval to proceed the preferred option, option 3 of the report, which sought two designations within the borough with a proposed implementation date, subject to Secretary of State Approval, being 1 February 2021.

The proposed option included the two designations; designation A covered 92.5% of the borough’s privately rented sector and focussed on poor housing conditions whilst designation B covered 7.5% of the private rented sector and sought to focus on problems of persistent anti-social behaviour.

Cabinet was informed that the objectives of the scheme included full compliance with all licensable dwellings being licensed, improved property conditions, reduction in anti-social behaviour incidents, improved professionalism of private landlords and an increased focus on the health and wellbeing of tenants and their families.

In terms of the licensing fee, the Cabinet Member informed Members that it was proposed that the fee would be payable in two stages and would amount to £750 for a single dwelling which it was noted to be favourable in comparison to other councils’ licensing schemes.

The Cabinet Member concluded by thanking Shayne Coulter who had recently retired and had been instrumental in introducing the first scheme and at the initial stages of the proposed scheme. It was noted that Shayne had been dedicated to improving the standard of housing in the borough and the council wished her well for the future.

The Shadow Deputy Leader noted that the Opposition did not object to the principle of the scheme as they also wanted to see poor landlords removed from the private rented market; however noted that it was felt that the proposed scheme appeared contrived and concerns were raised that the evidence base was not complete as an area highlighted as suffering from persistent anti-social behaviour included a woodland area.

In response to the concerns raised, the Cabinet Member stated that a large amount of work had gone into developing the proposed scheme including working with barristers, other boroughs and undertaking extensive consultation to ensure the proposal was appropriate. It was, however, noted that there was only guidance on Selective Licensing Schemes and so it was not clear what the Secretary of State’s comments may be.

The Cabinet Member stated that the anti-social behaviour incidents highlighted in the map related to specific properties and not to the general area.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.    Consider the outcome of the consultation process detailed in the Consultation Report produced by Opinion Research Services (April 2020) (at Appendix 1 of the report), in particular the representations received and the Council’s consideration of, and response to, these representations (at Appendix 2 of the report).

2.    Consider the Consultation Evidence Report (at Appendix 3 of the report) which highlights the scale of problems relating to poor housing conditions and anti-social behaviour (ASB) in the private rented sector, identifies the objectives that a selective licensing designation would help the Council achieve and possible alternatives to such a designation and the equalities analysis at Appendix 13 of the report.

3.    Upon consideration of the matters at 1 and 2, agree to choose selective licensing scheme option 3; from the three options presented at Cabinet on the 21st October 2019 that were central to the public consultation exercise and with due consideration of the alternative options presented; as the best option to proceed with, with the aim of achieving the significant improvements needed to the private rented sector in Croydon.

4.    Upon consideration of the matters at 1, 2 and the agreement in 3 and using its powers under s.80 Housing Act 2004, agree to the designation of 22 wards, called area A (predominately in north Croydon), as a selective licensing area delineated and edged red and infilled green on the map at Appendix 4 of the report.

5.    Upon consideration of the matters at 1, 2 and the agreement in 3 and using its powers under s.80 Housing Act 2004, agree to the designation of 6 wards, called area B (in south Croydon) as a selective licensing area as delineated and edged red and infilled orange on the map at Appendix 5 of the report.

6.    Having agreed 4 and 5 that Cabinet delegate to the Executive Director Place, in consultation with the Cabinet Member for Homes & Gateway Services and the Director of Law and Governance, responsibility for agreeing the final document/s forming the application(s) to request confirmation of the selective licensing designation(s) from the Ministry of Housing, Communities and Local Government (MHCLG);

7.    Having agreed 4 and 5 and where the appropriate national authority (Secretary of State for Housing, Communities and Local Government) confirms one or both designation(s) that Cabinet:

a.    Delegate authority to the Executive Director Place, in consultation with the  Cabinet Member for Homes & Gateway Services to agree, along with the national authority, that the respective commencement date(s) for the designation(s) be the 1st February 2021 or from such other date as is specified by the national authority for this purpose;

b.    Agree the proposed scheme objectives as detailed in Appendix 6 of the report;

c.    Agree to the proposed fee structure for licence applications made under the selective licensing scheme(s) at Appendix 7 of the report;

d.    Agree the proposed licence conditions that would apply to any granted selective licence as set out at Appendix 8 of the report;

e.    Agree the proposed policy regarding the granting of property licences under any new licensing designation(s) at Appendix 11 of the report;

f.     Delegate to the Executive Director Place in consultation with the Cabinet Member for Homes & Gateway Services authority to agree changes to the proposed implementation of the schemes where necessary including updating scheme documentation to reflect revised commencement date/s specified by the national authority for this purpose and to ensure that all statutory notifications are carried out in the prescribed manner for the designations and to take all necessary steps to provide for the operational delivery of any licensing schemes agreed by Cabinet.