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Selective Licensing consultation - Knowsley Council

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<strong>Selective</strong> <strong>Licensing</strong> – Bluebell / Bakers Green Area<br />

Consultation Response<br />

Strategic Housing<br />

Directorate of Regeneration Economy and Skills<br />

March 2013<br />

1


Contacts<br />

For more information please contact:<br />

Neil Walklett<br />

Housing Enforcement Officer<br />

Strategic Housing<br />

neil.walklett@knowsley.gov.uk<br />

Alan Broadbent<br />

Group Manager<br />

Strategic Housing<br />

alan.broadbent @knowsley.gov.uk<br />

0151 443 2287 0151 443 2391<br />

2


Introduction<br />

<strong>Selective</strong> <strong>Licensing</strong> is a tool that has been available to local authorities since the<br />

introduction of the Housing Act 2004 to help tackle, along with other measures,<br />

certain problems associated with private rented properties.<br />

<strong>Knowsley</strong> Metropolitan Borough <strong>Council</strong> has a good track record of using a range of<br />

interventions to tackle problems within the private rented sector, from providing<br />

support and advice to landlords on disrepair and management issues to use of<br />

legislative powers to improve property standards.<br />

There is still a lack of formal regulation in the sector. As such, landlords and<br />

managing /letting agents do not have to demonstrate that they are competent or able<br />

to manage tenants, tenancies or properties well – they are relatively free to practice<br />

as they like. The only real exceptions to this are those who own and manage certain<br />

larger Houses in Multiple Occupation (HMOs) who have a mandatory duty to licence<br />

their properties.<br />

Provision contained in Part 3 of the Housing Act 2004 enables Local Authorities who<br />

have identified a link between significant and persistent problems caused by ASB<br />

and / or low demand for housing whether to implement a <strong>Selective</strong> <strong>Licensing</strong><br />

Scheme that may, when combined with other measures, work to reduce or eliminate<br />

the problem.<br />

<strong>Selective</strong> licensing works by licensing landlords (or their managing agent) who own<br />

(or manage) properties in the designated area. Various reasonable conditions, can<br />

then be applied to the licence which readily enables the Local Authority to be able to<br />

formally challenge the management practices of the landlord or managing agent to<br />

take action to deal with their tenants who cause or are associated with ASB.<br />

<strong>Selective</strong> licensing also allows for conditions to be placed on a licence to address<br />

standards within the dwelling and would therefore fit into the <strong>Council</strong>’s continuing<br />

regeneration of the area.<br />

Whilst most landlords provide decent well-managed and maintained accommodation,<br />

and follow good management practices enabling them to run successful tenancies<br />

which do not cause any problems for the local community, on occasions anti-social<br />

behaviour and crime can have a detrimental impact upon a community. Such antisocial<br />

behaviour and crime may result from the inability of a landlord to effectively<br />

manage the behaviour of its tenants.<br />

<strong>Selective</strong> licensing will impose effective regulation upon the private rented sector<br />

thereby imposing management standards designed to:<br />

• reduce and tackle anti-social behaviour;<br />

• support and train private landlords;<br />

• provision of better housing and management standards in the longer term;<br />

• improved image and perception for an area;<br />

• a positive economic future for the local community and local businesses,<br />

including private landlords.<br />

3


<strong>Selective</strong> licensing is not only beneficial to tenant but also to private landlords in that<br />

it can increase the professionalism of the private rented sector by ensuring:<br />

• that landlords are ‘fit and proper persons’;<br />

• good and fair management of tenancy relations;<br />

• protection for vulnerable tenants from the worst housing conditions and from bad<br />

landlords;<br />

• support for landlords to improve the worst properties by helping them to achieve<br />

decent minimum standards in housing conditions and management.<br />

Proposed Scheme Area Map<br />

Adswood Road - Alamein Road - Alexander Green - Anzio Road - Ardennes Road -<br />

Arnhem Road - Atkinson Grove - Bakers Green Road - Bluebell Lane - Bower Road -<br />

Brookwood Road - Coppice Crescent - Derna Road - Fullerton Grove - Geneva<br />

Close - Glade Road - Horrocks Close - Ironside Road - Lester Grove - Liverpool<br />

Road - Malta Close - Montgomery Road - Mossbrow Road -North Atlantic Close -<br />

Northwood Road - Paxton Road - Reeds Road - Rome Close - Rotherham Close -<br />

Salerno Drive - Slim Road - Tobruk Road - Wavell Road - Wellcroft Road<br />

4


Consultation Responses<br />

The formal <strong>consultation</strong> commenced on the 22 nd November 2012 at the Private<br />

Landlords Forum. As part of the <strong>consultation</strong> the council contacted all residents,<br />

private landlords, registered social landlords, buisnesses, agencies and key<br />

stakeholders who have a vested interest in the area.<br />

In seeking the view of residents, landlords and stakeholders within the area the<br />

council provided consultees with a specific <strong>Selective</strong> <strong>Licensing</strong> Newsletter and a<br />

short questionnaire centred around 3 themes:<br />

• Low demand for Housing;<br />

• Anti Social Behaviour;<br />

• Empty Homes<br />

As part of the <strong>consultation</strong> process 1247 residential properties and 63 Landlords who<br />

own at least 1 property inside the designated area received the questionnaire. In<br />

total, 252 residents and 15 landlords including 1 agent responded.<br />

5


Q1: To what extent do you agree or disagree that problems of nuisance and<br />

anti social behaviour in the area proposed are at levels that need to be<br />

reduced?<br />

Resident Responses<br />

75.8% of residents either agreed or strongly agreed that the level of anti social<br />

behaviour needed to be reduced<br />

Landlord Responses<br />

40% of landlords either agreed or strongly agreed that the level of anti social<br />

behaviour needed to be reduced<br />

6


Key Partner / Stakeholder Response<br />

87.5% of key partners and stakeholders either agreed or strongly agreed that<br />

the level of anti social behaviour needed to be reduced<br />

7


Q2: To what extent do you agree or disagree that <strong>Selective</strong> <strong>Licensing</strong> would<br />

help to reduce problems of nuisance and anti social behaviour in the<br />

area proposed (as shown on the map)<br />

Resident Responses<br />

85.3% of residents believe <strong>Selective</strong> <strong>Licensing</strong> would help reduce nuisance<br />

and anti social behaviour in the proposed area<br />

Landlord Responses<br />

8


40% of landlord both agrees and disagreed that <strong>Selective</strong> <strong>Licensing</strong> would<br />

help reduce nuisance and anti social behaviour in the proposed area<br />

Key Partner / Stakeholder Response<br />

62.5% of partners and stakeholders agreed that <strong>Selective</strong> <strong>Licensing</strong> would<br />

help reduce nuisance and anti social behaviour in the proposed area<br />

9


Q3: To what extent do you agree or disagree that there are too many empty<br />

homes in the area (as shown on the map) where <strong>Selective</strong> <strong>Licensing</strong> is<br />

being proposed<br />

Resident Responses<br />

61.5% of residents agreed that there are too many empty homes in the area<br />

Landlord Responses<br />

33.3% of Landlords neither agreed and disagreed that there are too many<br />

empty properties within the area<br />

10


Key Partner / Stakeholder Response<br />

62.5% partners and stakeholders agreed that there are too many empty<br />

homes in the area<br />

11


Q4: To what extent do you agree or disagree that <strong>Selective</strong> <strong>Licensing</strong> would<br />

help reduce the number of empty homes in the area proposed?<br />

Resident Responses<br />

72.6 of residents believed that <strong>Selective</strong> <strong>Licensing</strong> would help reduce the<br />

number of empty homes in the proposed area<br />

Landlord Responses<br />

46.6% of Landlords disagreed that <strong>Selective</strong> <strong>Licensing</strong> would help reduce the<br />

number of empty homes in the proposed area<br />

12


Key Partner / Stakeholder Responses<br />

87.5% key partners and stakeholders agreed that <strong>Selective</strong> <strong>Licensing</strong> would<br />

help reduce the number of empty homes in the proposed area<br />

13


Q5: To what extent do you agree or disagree with the following statements<br />

about the area proposed for <strong>Selective</strong> <strong>Licensing</strong>?<br />

Resident Responses<br />

Landlords Responses<br />

14


Key Partners & Stakeholder Responses<br />

15


Written Responses from Key Partners / Stakeholder and Associations<br />

Merseyside Police<br />

‘…..I have been the Neighbourhood Police Inspector in the area for 5 years. We had<br />

2 successful operations, in 2008 targeting Organised Crime Groups and Criminals in<br />

the area which imprisoned a number of high profile criminals (involved in serious<br />

crime including possession / distribution of firearms), evicted them from Registered<br />

Social Landlord properties, having 3 ASB closure orders on premises and a number<br />

of individuals being given Anti Social Behaviour Orders. Following the 2 operations a<br />

large block of flats had to be demolished due to their state of repair and no likelihood<br />

of obtaining tenants for the vacant flats a residents group was established although it<br />

has been disbandoned believed due to the fact nominals, their families and<br />

associates are getting back into the area. It is once again getting to the situation<br />

where further houses may have to be demolished due to the same issues unless a<br />

solution is found (two vacant premises were recently set on fire putting other<br />

neighbouring tenants at risk). The criminals (once released from prison), their<br />

associates and families returned to the area in houses run by private landlords. The<br />

registered social landlords run selective renting i.e. vetting anyone moving into the<br />

area, the private landlords however (the majority of which live in other parts of the<br />

country or even other countries) have no such arrangements and as such appear to<br />

be just interested in renting to anyone who asks without cognisance of the effect<br />

these individuals have on the community and environment. With the reputation of the<br />

area, the number of vacant premises and a number in poor state of repair then it is<br />

difficult to rent to anyone who does not have links to these criminals. If tenants are<br />

found for the vacant premises that are not linked to these individuals then they soon<br />

move out due to fear of the individuals and their activities. Vacant premises in the<br />

area are regularly broken into, damage caused and items stolen from them and they<br />

then become ‘dens’ for the criminals to use in order to facilitate their criminal activity<br />

and partake in drug use.<br />

Whilst I do not believe that selective licensing is a panacea to sort the problem it<br />

would certainly greatly assist in preventing so many individuals having a hold over<br />

the area / community. It is noticeable that all the problematic individuals now live in<br />

private landlord houses and as such the Registered Social Landlord premises do not<br />

cause a problem through their self imposed selective renting except that they<br />

constantly have a high volume of vacant premises due to the difficulties, as<br />

aforementioned, in finding suitable, willing, long term tenants to move into the area.<br />

Having <strong>Selective</strong> <strong>Licensing</strong> for all landlords in the area would I believe then assist<br />

similar to the RSL self imposed selective renting, it would assist in having houses in<br />

a better state of repair, raise the overall value of houses and prevent as many being<br />

vacant. It would also be beneficial to the private landlords who would be able to get a<br />

better ‘type’ of tenant preventing damage to their houses, lessen the number of<br />

empty premises and assist in having long term tenants’<br />

16


North West Landlords Association<br />

‘…<strong>Selective</strong> licensing is viewed with great animosity by the landlords I know. It had<br />

a very detrimental effect on the relationship with the local authority. Remember –<br />

many of the landlords that will be hit by this have had their properties accredited or<br />

are members of a landlord association and therefore feel such legislation is<br />

unnecessary<br />

In Bolton, we allowed a 100% discount on accredited properties, but even this did<br />

not appease all.<br />

Does selective licensing work? I think this is questionable, though there may be<br />

areas where it has had the desired effect. Salford has extended their licensing<br />

scheme for another 5 years, which makes a nonsense of the ethos behind it. In<br />

Bolton, many would challenge whether it has worked. Or have the additional<br />

measures put in place, with Police Community Support Officers, achieved part of<br />

what licensing was meant to achieve?<br />

This looked like a very large area – do the same conditions apply in all the area?<br />

Those are just a few comments but I think they reflect the feelings of our members.<br />

No member of a landlord association, or with contact with the accreditation schemes,<br />

is averse to any steps to improve the sector and hit the very bad landlords who bring<br />

the good into disrepute, but this seems like a hammer to crack a walnut – over the<br />

top and not targeting the bad.<br />

Stakeholder 1<br />

‘…The area suffers from a high degree of anti-social behaviour including incidents of<br />

gun and drug crime. Properties that are privately rented appear to be in poor<br />

condition, incidents of landlords using threatening behaviour towards tenants’<br />

Stakeholder 2<br />

‘…As a registered provider in the area, Villages welcomes the proposals for selective<br />

licensing as part of a wider strategy for reducing ant social behaviour in the area’<br />

Stakeholder 3<br />

‘…I don’t think River Alt side of Bluebell Lane has an issue but Reeds Rd and Bakers<br />

Green drags the place down’<br />

17

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