Agenda and minutes

To agree the minutes of the meetings of the Panel held on 9 March 2015.

RESOLVED:

That the minutes of the Panel held 9 March 2015 be taken as read and signed by the Chairman as a correct record.

The Panel was advised that Councillor Thomas was substituting for Councillor Mead.

There were no declarations of interest made by members of the Panel in pursuance of the code of Members Conduct.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

7                                              Progress on previous                         1

Housing Appeals/

Applications

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

RESOLVED:

That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda Item                    Subject                             Exempt Information

Number                                                                      Paragraph Number

6                                        Application No.                              1

                                          HS/RW/MB/04//2015                   

            7                                        Progress on previous                   1

                                                      Housing Appeals/

                                                      Applications

To consider the attached restricted report and appendices.

Introduction

The Panel considered an application for a review of a decision made by officers under delegated authority that the applicant was intentionally homeless.

The applicant attended the meeting to present his case.

Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case. Mr R Wilson, Assistant Director (Housing Operations) attended the meeting to advise the Panel as required on relevant legislation and on national and local housing policies relevant to the application.

The Chairman asked everyone present to introduce themselves to the applicant.

The Chairman explained the procedure to be adopted for the meeting in order to ensure that proper consideration was given to the review of the application.

The Panel had before them the following documents which were taken into consideration:

(a)          A summary of the case including the facts of the case;

(b)          The case of the Assistant Housing Options Manager (Homelessness);

(c)          Copies of documents submitted by the Assistant Housing Options Manager (Homelessness), namely:

(i)            Copy of the Assured Shorthold Tenancy Agreement between Ideal Property Consultants Limited and the applicant;

(ii)           A Notice Requiring Possession, and Order for Possession and a Notice of Eviction;

(iii)          Notice from the letting agent advising the Council that the applicant had been served notice due to rent arrears;

(iv)          Note of a formal interview between applicant and officers dated 2 March 2015;

(v)           A note of the applicant’s earnings from July 2014 to December 2014;

(vi)          Letter to the applicant dated 1 July 2015 advising the applicant that the Council considered he had made himself homeless intentionally under section 191 under the Homelessness Act 2002;

(d)          Copies of documents submitted by the applicant, namely:

(i)            The applicant’s completed application to the Housing Appeals and Review Panel dated 20 July 2015;

(ii)           A statement by the applicant dated 11 August 2015 stating reasons he could not pay the rent and that any wages earned had been shared with a work partner;

(iii)          A statement from this work partner confirming days worked and amounts received;

(iv)          A copy of the working partner’s passport;

(v)           Various receipts from the Council for paperwork received (i.e. wage slips, passport, and bank statements).

Presentation of the case of the Assistant Housing Options Manager (Homelessness)

The Panel considered the following submission in support of the case of the Assistant Housing Options Manager (Homelessness):

(a)          The Applicant’s household consists of his wife and three children. He held an assured shorthold tenancy from November 2013 to March 2015.

(b)          The letting Agent advised the Council (on 18 March 2015) that notice was served on the applicant due to “large rent arrears”, that was £3,575 at the end of the tenancy.  The Homelessness Legislation required this Council to be satisfied that he had not made himself intentionally homeless.

(c)          The applicant was a self employed tiler, working for different companies with variable earnings each month. He was issued with a Notice Requiring Possession in September 2014 when he owed £1,750 in rent.  At a court  ...  view the full minutes text for item 5.

To consider the attached restricted report.

RESOLVED:

The Panel considered and noted the progress report on recent appeals/applications.