Agenda item

(a)       That the mechanisms for returning long term vacant private homes back in to use be noted;

(b)       That the progress the Council has made in delivering the Welsh Government Houses into Homes Scheme be noted;

(c)        That the proposed enforced sales policy and its use in Flintshire be supported; and

(d)       That an all Member workshop be arranged to consider the policies available to tackle long term vacant private homes in Flintshire.             

The Head of Housing introduced a report to provide Members with an understanding of the mechanisms available to tackle long term vacant private homes; an update on the progress of the Welsh Government (WG) Houses into Homes Scheme and to introduce to Members a proposed enforced sales policy, and to seek support for its use. 

                        The Head of Housing detailed the background to the report and explained that the number of vacant homes had been reducing over the last two years and the figure was now approximately 450 long term vacant private homes.  An annual review was undertaken and homeowners of empty properties were contacted to establish whether the Council could give them advice or guidance on how to bring their property back into use.  A small budget of £0.200m had been in place for empty homes but this had now significantly increased due to WG making available £20m of funding for the Houses into Homes Scheme across Wales.  The scheme was being delivered on a regional basis and Flintshire County Council was the lead authority for the scheme in North Wales.  Flintshire had so far claimed £0.950m and distributed that money by way of loans to bring homes into use and the Head of Housing spoke of six terraced properties in Flint which had been brought back into use as a result of the scheme.  The original aim of the loans was that they be repaid in two years if the owner wanted to sell the property, or in three years if the property was to be let. 

                        Councillor Rosetta Dolphin spoke of some large properties in Flintshire which had been vandalised and set on fire and too much work was now required by the owner to bring the properties back into use.  She also commented on other properties that had been refused planning permission to amend or demolish the property.  The Housing Regeneration & Strategy Manager said that he was aware of the properties that Councillor Dolphin had referred to and that the Council was working proactively with the owners to try and bring the houses back into use, but added that lack of planning permission could be a barrier to moving forward and that it was hoped that this could be overcome by closer working with colleagues in Planning. 

                        Councillor Gareth Roberts referred to properties in his ward which were a blight on the community and the residents of the next door property.  He highlighted paragraph 3.06 and welcomed that the Housing Act had introduced the power to serve an Empty Dwelling Management Order (EDMO) which allowed the Council to service Notice on the owner of a long term vacant property, stating that it intended to take over all responsibility for the property, renovate it and let it out.  The Housing Regeneration & Strategy Manager responded that each case would be looked at on its own merits.  Councillor Paul Shotton sought clarification on the timescales involved and the Housing Regeneration & Strategy Manager explained that when owners had access to a Houses into Homes loan, work had to commence within 12 months of receiving the loan and the owner would have to provide evidence of works carried out before the next tranche of monies would be released. 

                        In response to a question from Councillor David Cox about whether there were many empty homes within Flintshire where the owner could not be traced, the Housing Regeneration & Strategyl Manager said that there were some and that the new measures identified in the report could be used if a property had been abandoned.  Councillor Nancy Matthews asked about houses that were empty but were not finished and properties that were for sale but empty and, in referring to properties which could not move forward because planning applications had been refused, asked whether closer working with Planning colleagues could be ensured.  The Housing Regeneration & Strategy Manager advised that officers from Housing and Planning were working closely together and referred to a recent workshop which had been held where colleagues from Housing and Planning had attended.  He explained that it was more difficult to bring homes which were for sale but empty back into use, however, the owner would be advised of different options which could help them achieve a sale.  For properties which were not quite finished, the Council could work with the owner to establish whether there was any reason for it not being completed such as financial difficulties or refusal of a planning application. 

                        Councillor Veronica Gay referred to a farmhouse owned by Flintshire County Council that was in need of repair and asked whether it would be covered by the scheme.  The Housing Regeneration & Strategy Manager advised that there was a need to work with colleagues in Valuations and Estates and to sell the property if it was no longer needed by Flintshire County Council as it was an asset of the Council. 

                        On the new measures available to the Council, the Housing Regeneration & Strategyl Manager spoke of the proposed Enforced Sales Policy which was attached to the report.  The Policy explained that if it was not possible to work in partnership with the owner, then there may be a requirement for the Council to carry out works to secure a property or deal with specific issues, with a debt then being owed to the Council for the works carried out to secure the property.  The methods of selling the empty property to recover the debt were detailed in the policy. 

                        The Housing Regeneration & Strategy Manager also referred to the EDMO highlighted earlier by Councillor Gareth Roberts but explained that due to the severity of the measure there were many restrictions to its use.  An EDMO would initially operate for 12 months during which time the Council or its managing agent could renovate the property and let it out.  The cost of the work to bring the property back to a habitable standard could then be recovered through rental income.  After the 12 months, the Council must decide whether to give the property back to the owner or apply to extend the order for a six year period.  The owner must demonstrate that they had done everything possible to bring the property back into use.  The Council must also make its case to the Residential Property Tribunal which was an independent tribunal set up to resolve disputes relating to private rented and leasehold properties.  EDMOs were not extensively used as it could take some time for the EDMO to be granted and the Council would need to provide money upfront to bring the property back into use. 

                        In response to a query from Councillor Cindy Hinds, the Housing Regeneration & Strategy Manager said that if a property was vacant, the Council could take steps to bring it back into use, and added that this could still be undertaken if the owner of the property was paying Council Tax.  Councillor Matt Wright welcomed the two new measures and the information provided by the Housing Regeneration & Strategy Manager and asked whether a workshop could be arranged for the measures to be explained to all Members.  Councillor Rosetta Dolphin raised concern about whether the new powers would be used.  The Head of Housing explained that one of the reasons for the report was because of the concern that the Council was not doing enough.  She added that the two measures were not new but had not previously been used by Flintshire County Council.

                        Councillor Amanda Bragg asked why the EDMO had not been used in the past by Flintshire County Council and queried how successful the scheme had been in England.  The Housing Regeneration & Strategy Manager said that a number of local authorities had been successful in gaining orders but it was currently difficult to assess whether they had been able to recoup all of the monies as the ability to serve an EDMO had only been in place since 2006.  However, he added that as part of the scheme, properties had been brought back into use.  Councillor Kevin Jones said that it was clear from the report that a significant level of criteria applied to obtaining an EDMO.  He concurred that a workshop should be arranged to explain to Members what powers the Council had and whether they were used or not and to provide further details of the new opportunities that the Council may be able to use in the future to bring properties into use. 

                        In response to a question from Councillor Mike Reece about a property in his ward, the Housing Regeneration & Strategy Manager said that an enforced sale for the property could be considered.  Councillor Chris Bithell felt that a list should be compiled of empty properties in Flintshire and suggested that a report be submitted to a future meeting about what was being undertaken to bring properties back into use and the measures that could be used.  The Housing Regeneration & Straetgy Manager explained that a list of the 450 vacant properties indicated in the report had been compiled and he suggested that Members bring details to the workshop of the properties in their wards that were causing concern so that determination could be made of the measures that could be considered to identify a solution. 

                        Councillor Ian Dunbar raised concern about an empty property in his ward where vermin were becoming a nuisance and asked whether the owners of the neighbouring properties would incur costs if there was a need to undertake work to repair a problem which was damaging an adjacent property from the empty dwelling.  The Housing Regeneration & Strategy Manager spoke of two pieces of legislation (Environmental Protection Act and Housing Act) which could be used.  He explained that the local authority could serve notice under the Environmental Protection Act and insist that any necessary repairs be undertaken, but if they were not carried out, then the Council had the right to undertake the work and bill the empty homeowner for costs and under the Housing Act, the Council could serve an improvement notice on the owner. 

                        Councillor Jim Falshaw asked whether the proposed measures could be used on listed buildings.  The Housing Regeneration & Strategy Manager explained that these were more of a challenge and there was a need to ensure that discussions took place with colleagues in Conservation or Planning to ensure that appropriate standards were met.        

            RESOLVED:

(a)       That the mechanisms for returning long term vacant private homes back in to use be noted;

(b)       That the progress the Council has made in delivering the Welsh Government Houses into Homes Scheme be noted;

(c)        That the proposed enforced sales policy and its use in Flintshire be supported; and

(d)       That an all Member workshop be arranged to consider the policies available to tackle long term vacant private homes in Flintshire.