OLD COLWYN EAST RESIDENTS ASSOCIATION
Minute of a talk entitled Houses in Multiple Occupation 11th August 2004.
by Barbara Potter, Principle Housing Enforcement Officer,
Conwy County Borough Council
and Operational manager for Vulnerable Persons Housing
by Barbara Potter, Principle Housing Enforcement Officer,
Conwy County Borough Council
and Operational manager for Vulnerable Persons Housing
The Role of Housing Enforcement
Housing Enforcement Section
• There are 48, 048 private sector households in CCBC (92% of total households)
(CCBC Housing Needs Survey 2002, ORS)
• The Housing Enforcement section has six and a half members of field staff
• There were approx. 350 service requests during financial year 2002/03
• In the 2003/2004 year there were approx. 331 service requests. Mrs. Potter said that she thought that the reduction may have been as a result of the Registration Scheme.
• The department has a proactive and reactive role
• And has Education and Enforcement tools at its disposal.
Housing Enforcement-main Duties
• Unfit properties and properties in disrepair
• Dealing with private sector housing complaints
• Risk Assessment and Inspection of Houses in Multiple Occupation (HMOs)
• Inspection and pointing the existing accommodation of Council house applicants
• Promoting Energy Efficiency. Installation of heating for eligible people, there are Housing Energy Efficiency Scheme and Housing E.E.Scheme Plus funds available.
• Overcrowding of dwellings
• Work in conjunction with other departments and agencies e.g. Planning, Housing Benefits, Social Services, Fire Authority, Health and Safety Executive, Police, Shelter Cymru, Citizen Advice Bureau.
Housing Act 1985- Housing Fitness Standard
• Must be structurally stable
• Free from serious disrepair
• Free from dampness prejudicial to health
• Adequate lighting, heating and ventilation
• Adequate wholesome water
• Adequate facilities for the cooking of food, including sink
• Suitable water closet (WC)
• Suitable fixed bath or shower and wash hand basin- hot and cold water
• Effective system for the draining of foul, waste and surface water
Additional Fitness Requirements for a HMO
• Satisfactory facilities for the storage, preparation and cooking of food
• Adequate number of suitably located water closets for the exclusive use of the occupants
• Adequate number of fixed baths or showers and wash hand basins, provided with hot and cold water, for the exclusive use of the occupants
• Adequate means of escape from fire and other fire precautions
Examples of Unfitness
• Rotten floor joists that cannot support floors
• Slates falling off roof or plaster falling off walls
• Severe rising or penetrating dampness
• No natural artificial light in rooms
• No ventilation to rooms
• Inadequate cooking facilities
• No drainage facilities
• No WC, bath/shower or wash hand basin
• No constant supply of hot / cold water to kitchen sink, bath/shower or WHB
• Inadequate means of escape from fire and other fire precautions (HMO)
Enforcement Powers
• Repair Notices served on the landlord. A number of days have to be given for appeal
• Closing Order. Subject to Satisfactory Course of Action review
• Demolition Order subject to Satisfactory Course of Action review because of house prices.
• Deferred Action Notice. This occurs in the case of property which is unfit, occupied by an elderly person, for example who does not want the upheaval. This notice is granted for 2 years and can be extended.
• Direction Order (HMO) This order can direct that the number of persons in the property be reduced to one household. It then ceases to be an HMO.
• Overcrowding Notice
• Management Notice (HMO)
• Building Act Notices
• Prevention of Damage by Pests Act
• Statutory Nuisance
• Work In Default
• Prosecution
Houses in Multiple Occupation (HMOs)
• HMOs comprise of some of the worst living accommodation, commonly occupied by the most vulnerable people
• According to Government statistics 6.2% of the population live in HMOs (3.4% of the National Housing stock)
• The risk of death or serious injury to a person living in a HMO is SIX times more likely than a person living in a single occupied dwelling (DTLR research by Entec Plc)
• Home Office statistics show that 28% of all fire deaths and 36% of all fire injuries occur in HMOs.
• Specific legislation governs HMOs because of their high risk
• Estimated 1,600 HMOs in Conwy County Borough Council area.
What is an HMO?
“A house which is occupied by persons who do not form a single household” They include bedsits, shared houses, lodgings, hostels, bed and breakfast, houses converted into self-contained, but not purpose built flats.
HMOs
Management Regulations
Good Management
Fit for human habitation
Means of Escape from Fire
Adequate Amenities
Registration Scheme
Licensing
Conwy CBC (Registration of Houses in Multiple Occupation) Special Control Scheme 2002
Phase One
• Colwyn Bay — Glyn and Rhiw wards
• One third of HMOs exempt from Registration because they were
• Owner occupied
• Vacant
• Single tenancies
Phase Two
• Came into force on 1 January 2004
• To be introduced area by area: -
Areas
• Old Colwyn
• Rhos on Sea
• Penrhyn Bay
• Craig-y-Don
• Llandudno
• Deganwy / Junction / Mochdre
Benefits
• Tackling whole properties, not individual units
• Improved living conditions
• Housing Applications
- No need to send out an Officer
• Raised awareness of the required standards
• Discouraged poor landlord practices. Poor landlords are seeking to sell up and move out.
Negatives
• New type of landlord - SpeculatorandInvestor.
One property in the area has changed hands 3 if not 4 times. They change hands on Auction websites. The Department can find out the new owner from the Land Registry but that takes a while by which time, the property may have changed hands again.
A resident said “you have said that they should register with your Department
Mrs. Potter replied Speculators are only interested in making a quick return, they are happy if they make a couple of thousand on a deal.
A resident asked ‘Are the tenants still there?’
Answer ‘ Often, yes some of the tenants are not paying rent because they don’t know who to pay. Nobody is collecting and nobody paying. Housing benefit (if any) is suspended while this is going on’
• Has not addressed social issues.
• All landlords treated the same.
• Not a ‘quick fix’.
• Not enough skilled labour — electricians. This is one problem we are finding that work needs to be done in a time frame and the owner cannot get a skilled person to do the job quickly enough.
• Grant approval
The secretary said ‘ We have one problem house in our area which is occupied by undesirable persons which we thought was possibly an HMO but may not be because it is made up of purpose built flats. However we will let your department know if there are problem issues. There was another premises that was a source of trouble and there is one occupant in it now, that is interesting in view of what you say about exemption if it is a single tenancy.
A resident said ‘ I am living in a residence which is an HMO subject to Health and Safety inspection; it is two flats converted from a semi detached house with no shared access.
The secretary then asked Mrs Potter if, in her role as Operational Manager for housing vulnerable people she was involved in the bussing in of people from inner cities. He said (mistake confirmed and corrected to this version by email to Mrs. Potter the next day) there had been documentary some time ago on television highlighting a scheme whereby money for inner city development (Manchester and Liverpool) was promised if the cities agreed to get rid of 150 problem families from the inner cities. He said that he believed that it was intimated in the Granada Reports program that Conwy was one of the Counties in North Wales cooperating with the scheme and accepting such families.
Mrs. Potter replied that she know nothing about the issue of which the secretary spoke but would enquire with the Director of Social Care and Housing and reply to us. She went on to say that if persons are homeless and have a connection with North Wales, there is a duty to find them accommodation.
The secretary went on to say that he had heard that persons in inner cities were apparently being given a shopping list of areas that they could move to.
Cllr Glyn Jones said that he thought that he recalled hearing of a scheme to pay grants of £2000-£3000 as an incentive to families from English counties to relocate,.
Councillor Squire interjected that it was a high budget department and there has been an increase of over 57% of homeless persons housing applications in Conwy this last year and it is believed that a significant number are from outside the area.
Mrs. Potter replied that there are strict criteria and rules on homelessness. The person must show a connection with the area.
There was then a discussion about the way that people learn ways to abuse the scheme. There was one instance discussed where a woman with connections with the area, had been housed because it had been proved that she was abused by her husband. Weeks later, her husband turned up and lived with her.
There was comment about a certain estate agent who was bringing in tenants to the area to live on housing benefit.
There was comment that there are property owners who does not comply with HMO rules and use threats and intimidation. They are content to have an income from Housing Benefit and pay any fines that are imposed.
There was a discussion that theRegistration Scheme is working to improve properties. Landlords now have to consider the repair costs to properties. Poor properties are being left vacant and this is creating voids in Colwyn Bay when properties are sold on.
The Chair Thanked Mrs. Potter for an excellent talk and there was a round of applause.
