Decision details

To agree a policy.

(1)        That authority be delegated to the Director of Housing to agree future requests to vary restrictive covenants on former Council houses, in order to grant permission for their use as privately-rented shared accommodation, provided all of the conditions below have been met:

(a)        That an agreement is entered into between the owner and the Council, varying the restrictive covenant to grant permission for its use as privately rented shared accommodation, rather than releasing the covenant in full, ensuring that the Council maintains control over any future changes of use to the property; 

(b)        That the agreement includes conditions to ensure that occupiers do not cause any general management problems including anti-social behaviour, or excessive noise nuisance, or that their occupation does not create excessive parking problems in the area;

(c)        That the agreement be terminated if there are any justified complaints from the local community;

(d)        That the Council’s reasonable legal and management fees relating to the execution of the agreement are met by the owner;

(e)        That Planning Permission is granted for the change of use, which would also take into account available parking at the property and the surrounding area;

(f)         That the Director of Housing is satisfied that the property complies with the Housing Act 2004 and the Houses in Multiple Occupation (England) Regulations 2006;

(g)        That the Director of Housing has no reasons why the Council should not vary the covenant; and

(h)        That no request results in more than five houses being used as privately-rented shared accommodation within a 400 metre radius, in which case a report shall be submitted to the Housing Portfolio Holder for consideration and decision.