Issue - decisions

Empty Homes Enforced Sale Procedure

27/07/2012 - Empty Homes Enforced Sale Procedure

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Cabinet received a report from the Head of Regeneration & Planning to seek approval for the adoption of an Enforced Sale Procedure as a mechanism to bring problematical long-term empty dwellings in the private sector back into habitable use in cases where Council debts have been registered as a local land charge against the property and not discharged.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Adopt enforced sales procedure

Option 2: Do not adopt enforced sales procedure

Advantages

Will bring long term empty properties back into use. Help regenerate the area, provide accommodation and recoup outstanding debts. It signals the council’s commitment to addressing the empty property issues.

None. Officer time will be relocated to other projects

Disadvantages

There will be some additional burden on the authority’s legal resources

These properties will continue to deteriorate, be detrimental to the community, may detract from private investment and will be a waste of a valuable asset.

Risks

Risk of bad publicity if the process is not managed correctly.

These dilapidated properties will continue to have an adverse effect on the area they are located in.  

 

Option 1 was the officer preferred option because it would remove and/or regenerate long term empty properties, provide valuable accommodation, recoup outstanding debts and indicate the Council’s commitment to addressing the empty property issue.

The use of the Enforced Sale Procedure should be seen as a last resort.  It                                       
was expected that all informal and formal action would have been taken and exhausted by the Council in order to resolve the existence of the empty dilapidated property and its associated problems.  The Council was committed to carrying out its duties in a fair and consistent manner.  This policy would be applied having regard to the Council's Public Protection Enforcement Policy and the Enforcement Concordat in the regulation of private sector housing.

 

Councillor Leytham proposed, seconded by Councillor Hamilton-Cox:-

 

“(1)      That the recommendations, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)        That Cabinet agrees to adopt the Enforced Sales Procedure appended to the report in the agenda.

(2)        That Cabinet authorises Officers to implement the adopted Enforced Sale procedure in appropriate cases.

 

Officers responsible for effecting the decision:

 

Head of Regeneration & Planning

 

Reasons for making the decision:

 

Bringing empty properties back into use is one of the key actions in delivering the Council’s health and well being priorities as set out in the Corporate Plan and has significant community safety and sustainability benefits.