Agenda item

To advise the Committee of the outcome of consultations to remove “over 45 years” letting age restrictions to increase allocation flexibility, create balanced communities and maximise rental income.

Recommendation

It is recommended that the Housing Overview & Scrutiny Committee supports the outcome of the consultations and removal of age restrictions at 18 schemes, and retention of age restrictions at College Gardens and Lucas Fields.

Annalisa Howson, Service Improvement Manager, introduced the report which updated the Committee on the work to review the age restrictions on letting of certain Council homes. The aim in carrying out the review was to increase the number of homes available to general needs applicants, to create balanced communities, and to maximise rental income.

Overview & Scrutiny had previously agreed in principle to the age restrictions being lifted subject to consultation with key stakeholders and there being no freehold title restrictions. There were 20 schemes that were affected by age restrictions, although only four had a legal covenant that related to the provision of accommodation for older tenants. These were described in different ways, such as ‘for occupation by old people’ or ‘elderly persons’. Legal advice indicated that ‘elderly’ was sufficiently ambiguous for the covenants not to be enforceable.

Tenants in the 20 schemes, and the relevant Ward members, were consulted on the proposals to remove age restrictions at the end of 2017. Only a small number of tenants responded overall, and the Head of Housing Operations met with tenants to explain the reasons for the proposals and to understand their concerns. Most of the concerns did not relate to the age of the tenants, and all responses were considered carefully by a panel comprising officers and the Housing Portfolio Holder.

The panel decided to lift the age restrictions on tenants at 18 of the 20 schemes, the exceptions being College Gardens and Lucas Fields. College Gardens was covered by an enforceable covenant via the Ewart Bequest, and Lucas Fields was very popular with older applicants.

Given the low rate of turnover, it was not expected that there would be a rapid change in the communities in the other schemes where the restrictions had been lifted. It was important to remember, too, that whilst these schemes had been restricted to older tenants no additional support was provided to them.

The Committee was pleased with the level of engagement that had taken place with Ward members throughout the consultation process, and were happy in principle with the way forward, provided properties were allocated according to needs. Annalisa Howson confirmed that a bungalow would be allocated to applicants with a particular need for ground floor accommodation and therefore was more likely to go to an older applicant.

Adrian Waller, Chairman of the Tenants’ Panel, expressed his disappointment that the Tenants’ Panel had not been included as a stakeholder in the consultation process. This was a very significant issue, that affected a lot of vulnerable tenants. Whilst the Tenants’ Panel did not disagree with the approach or the outcome, they did feel that they should have been included in the engagement with tenants.

Hugh Wagstaff, Head of Housing Operations, apologised for any perceived slight, which had not been intended. The review had been discussed at Overview & Scrutiny previously and the Tenants’ Panel had not objected to the review, but they should have been made aware of the consultation at the time it took place.

The Committee noted that a thorough consultation had been carried out, and the feedback considered carefully by Officers and the Housing Portfolio Holder. The Committee was pleased with the outcome, which would make more general needs housing available whilst the special circumstances in relation to College Gardens and Lucas Fields had been recognised.