1.0 DELEGATIONS TO THE HEAD OF ADULT AND COMMUNITY SUPPORT
1.1 Application for Accommodation
(a) To accept applications for inclusion on the Housing Register from:
(i) Qualifying persons who have a statutory right to register under the Housing Act 1996
(ii) Applicants defined as Discretionary Qualifying Persons under the Council's policy on eligibility where a clear housing need exists.
(b) To reject applications for inclusion on the Housing Register from:
(i) Statutory non-qualifying persons under the Housing Act 1996
(ii) Discretionary non-qualifying persons
(c) To deal with applications made under the homeless persons provisions of the Housing Act 1996 and to allocate accommodation accordingly.
To reject applications; from regular servicemen until a period of 12 months remains to be served and from persons in tied accommodation until one year before date of retirement.
To cancel applications if suitable and adequate accommodation is obtained by an applicant or where it is found that an applicant no longer lives or works in the Borough of Bournemouth or otherwise ceases to be a qualifying person.
To consider applications for transfer from secure and temporary tenants where no overcrowding or under occupation exists
(h) To rehouse certain persons displaced by Closing Orders; Demolition Orders and persons qualifying under Section 39 of the Land Compensation Act, 1973.
(i) To act in accordance with the referral arrangements for homeless persons under the Housing Act, 1996, as agreed by the Local Authorities Association.
(j) To allocate accommodation under the Special Referral Arrangements with Social Services under A)3) of the Allocation Scheme.
(k) To allocate accommodation under the Council’s Points Allocation Scheme to applicants on the Housing Register and Transfer List.
(l) To allocate suitable accommodation to residents in Bournemouth residential or nursing homes or individuals who would otherwise need to be admitted inappropriately to a residential home where the individuals are Qualifying Persons and are eligible for rehousing under the current allocations scheme.
(m) To waive the residence rule and allocate suitable accommodation in the case of individuals who do not satisfy that rule.
(n) To accept applications and allocate accommodation in respect of regular
servicemen requesting housing on discharge from H. M. Forces when a period
of one year or less remains to be served, provided that the applicant or his wife
has a local connection with the Town.
(o) To allocate accommodation to people with disabilities.
(p) To consider refusals of accommodation and make one further offer of accommodation.
(q) To accept applications and allocate accommodation in respect of persons occupying tied accommodation who request re-housing not earlier than one year before date of retirement subject to other conditions for inclusion on the Housing Waiting List being satisfied.
(r) To transfer applicants from the A List to the B List, at his discretion.
(s) To reinstate B List applicants to the A List at his discretion
(t) In accordance with 3 below, to instigate proceedings where people make false statements or withhold information when seeking assistance from a Local Authority under Part VI and Part VII of the Housing Act 1996.
(u) To allocate suitable accommodation to persons who have special housing needs who are Qualifying Persons under the Council’s Allocations Scheme and nominate them to housing associations as appropriate.
(v) To waive the residence rule in the case of individuals who do not satisfy that rule but to whom the Council owes a duty under the Community Care or Children Act Provisions.
(w) Review of Application Decisions :-
i.) Reviews of decisions made on applications for assistance under Parts VI and VII of the Housing Act 1996 to be undertaken by Officers of the Council ;
ii.) The Officer making a decision on a Review of an original decision to be someone who was not involved in the original decision and who was senior to the Officer who made the original decision ;
iii.) Seniority for these purposes means seniority in rank within the Council’s organisational structure.
(x) To arrange for an independent review body to deal with Reviews under Part VII of the Housing Act 1996 where the legal framework requires it.
(y) To deal with applications under the Homes Mobility Scheme
1.2 To deal with the allocation of accommodation to persons taking up employment as Wardens of Elderly Persons schemes. To allocate secure tenancies to retiring Wardens where appropriate.
1.3 Tenancy Relations - Private Sector
(a) To investigate and deal with complaints under protection from Eviction Act 1977.
(b) To deal with complaints under the Landlord and Tenant Act 1985 and 1987 (as amended).
(c) To deal with requests made under Local Government (Miscellaneous Provisions) Act 1976 as appropriate.
(d) In relation to (a), (b) and (c) above the authority also be granted to the Principal Housing Manager and Senior Housing Officer.
2.0 DELEGATIONS TO THE HEAD OF HOUSING LANDLORD
2.1 Tenants Matters
(a) In relation to 2.1(q), (s), (t) and 2.6 the authority to serve the Notices of Seeking Possession/Notices to Quit and Issue Distress Warrants is also delegated to the General Needs Housing Manager, Sheltered Housing Manager and Senior Housing Officers.
(b) That in relation to the above any authority to commence court proceedings is also delegated to the General Needs Housing Manager, Sheltered Housing Manager and Senior Housing Officers
(c) That in relation to (a) above the authority to apply for the warrant of possession as required, is also delegated to the General Needs Housing Manager and Sheltered Housing Manager
(d) To approve transfer applications which relieve overcrowding.
(e) To approve transfer applications which relieve under-occupation and in such cases to pay relocation expenses in the sum of £500 for a move to a two or three bed property or £1,000 for a move to a one bedroom property or bedsit.
(f) To approve applications for transfer from elderly persons requiring Warden Assisted Accommodation.
(g) To approve applications for transfer from elderly tenants wishing to move from Category I to Category II Warden Assisted Accommodation.
(h) To approve all mutual exchanges in accordance with the provisions of the Housing Act 1985.
(i) To approve succession to a tenancy in accordance with the terms of the Housing Act, 1985, and to grant the minimum discount to the succeeding tenant where a Right to Buy Application had been submitted before the death of the original tenant.
(j) To approve transfer of tenancy to a spouse or co-habitee following death, divorce or separation, and to approve assignments of tenancy in accordance with the terms of the Housing Act, 1985.
(k) To approve tenants alterations or improvements in accordance with the terms of the Housing Act, 1985.
(l) To deal with applications to keep pets or other animals.
(m) To arrange for limited redecoration of rooms for old age pensioners and disabled tenants (within estimates) who have no other person residing with them capable of carrying out or arranging for the work to be done.
(n)
To approve applications for the provision of sheds in the gardens of houses subject to such sheds not being considered to be excessive in size.
(o) To approve applications for and allocate garages, garage base sites and parking plots.
(p) To Levy Charges for replacement of re-chargeable fittings and wilful damage to property.
(q) To approve applications to take in lodgers in accordance with the terms of the Housing Act, 1985.
(r) To deal with breaches of tenancy conditions, to serve notice of seeking possession and take possession proceedings and as necessary to instruct the Head of Law and Corporate Governance to act in relation to these matters.
(s) To approve applications and issue grants under the Tenants' Incentive Scheme in accordance with the Secretary of State's approval and with due regard to the availability of finances within the approved budget.
(t) To serve Notice to Quit and take possession proceedings in the case of unauthorised occupants of Council property, and as necessary to instruct the Head of Law and Corporate Governance to act in relation to these matters.
(u) To deal with requests for transfers from tenants with a medical recommendation or independently supported for social reasons.
2.2 To approve works of adaptation for disabled Council tenants within the approved budget provision.
2.3 In conjunction with the Head of Resources to determine the rents in respect of properties purchased by the Council for housing purposes.
2.4 In conjunction with the Head of Resources to assess the rents in respect of non-Housing Revenue Account properties purchased by the Council.
2.5 In appropriate cases, to issue Distress Warrants to Certified Bailiffs for the levying of distress for rent arrears, subject to sufficient investigation having been made into the reason for arrears and all necessary advice having been given to the tenant before a Distress Warrant is issued.
2.6 To make variations to, the normal 5 year painting cycle according to the condition of particular properties.
2.7 In view of the precise formula for fixing rents now agreed by the Council to settle rents, in consultation with the Head of Resources, with the exception of Sheltered Housing Schemes where consideration has to be given to the additions to cover special services provided.
2.8 To resist the sale of elderly persons "non-sheltered" housing under the Right to Buy scheme where it is felt that the dwelling concerned complies with the criteria laid down in the Housing Act, 1985.
2.9 To approach owner/occupiers of former Council houses, where it is in the Council's interests for joint works to be carried out where roof's, chimney stacks etc. are shared, and where it is in the Council's interests for joint works to be carried out, to make appropriate arrangements for the owner to negotiate with the contractor working for the Council and to pay the Council to supervise the works on their behalf.
2.10 To make minor variations in the improvement and maintenance programme, during any year, as considered appropriate subject to the overall budget not being exceeded.
2.11 To agree to requests for improvements etc. from owner/occupiers of former Council houses where similar works are being carried out to neighbouring Council houses and to make appropriate arrangements to recover the full cost.
2.12 To instruct the Head of Resources to negotiate terms and renew leases on sub-stations.
2.13 To determine fees and charges in accordance with the Financial Framework.
2.14 New Build Schemes - Wayleaves and Easements
In conjunction with the Head of Law and Corporate Governance to enter into the necessary legal agreements and to instruct the Head of Resources to negotiate terms where appropriate.
2.15 In conjunction with the organisation concerned, authority to permit Community Services/lounges to be used by MP's/Councillors for Surgeries and to levy an appropriate rental.
3.0 DELEGATIONS TO THE HEAD OF PUBLIC PROTECTION
3.1 Disabled Facilities Grants and House Renovation Grants
(a) The approval of Disabled Facilities Grants and Renovation Grants up to £20,000 and Home Repair Assistance (including Energy Grants) is delegated to the Head of Public Protection and relevant Group Managers.
(b) The approval of Disabled Facilities Grants and Renovation Grants in excess of £20,000 is delegated to the Head of Public Protection.
3.2 Delegation to act in respect of the following legislation and byelaws:
|
Act |
Section |
Duty |
|
|
|
|
|
Building Act
1984 |
|
Power to require reconstruction of a water closet which is prejudicial to health or a nuisance |
|
|
59 |
Power to serve a notice to remedy inadequate or insufficient drainage |
|
|
76 |
Power to serve a notice to remedy defective premises |
|
|
95 |
Power of entry |
|
|
97 |
Power to secure works on owners behalf or in default |
|
|
|
Power to recover expenses |
|
|
|
|
|
Housing Act
1985 |
189 |
Power to serve a notice to repair an unfit dwelling house |
|
|
190(1)
(a) |
Power to serve a notice to repair a house in substantial disrepair but not unfit |
|
|
190(1A)(a) |
Power to serve a notice to repair a building containing a flat which is in a state of substantial disrepair |
|
|
190(1)
(b) |
Power to serve a notice to repair a dwelling house affecting the comfort of the tenant |
|
|
190(1A)(b) |
Power to serve a notice to repair a building containing a flat which is in a state of disrepair affecting the comfort of the tenant |
|
|
193/194 |
Power to execute works in default |
|
|
197 |
Power of entry
|
|
|
198 |
Authority to instruct Head of Law and Corporate Governance to commence prosecution for obstruction |
|
|
198A |
Authority to instruct Head of Law and Corporate Governance to commence prosecution for failure to comply with execution of works |
|
|
264 |
Power to make a Closing Order |
|
|
265 |
Power to make a Demolition Order |
|
|
273 |
Demolition Orders: Cleansing before demolition |
|
|
274 |
Power to permit reconstruction of a condemned house |
|
|
275 |
Power to substitute a Closing Order for a Demolition Order to permit use otherwise than for human habitation |
|
|
277 |
Authority to instruct Head of Law and Corporate Governance to commence prosecution for using premises in contravention of a Closing Order |
|
|
278 |
Power to determine a Closing Order on a premises rendered fit |
|
|
279 |
Power to substitute a Demolition Order for a Closing Order |
|
|
327 |
Authority to instruct Head of Law and Corporate Governance to take legal proceedings where an occupier of a dwelling causes or permits it to be overcrowded |
|
|
330 |
Licence of Local Housing Authority in relation to overcrowding |
|
|
331 |
Authority to instruct Head of Law and Corporate Governance to take legal proceedings where a landlord causes or permits a dwelling to be overcrowded |
|
|
335 |
Power to require information about persons sleeping in a dwelling |
|
|
336 |
Power to require production of rent book |
|
|
337 |
Power of entry to determine permitted number of persons |
|
|
338 |
Notice to abate overcrowding |
|
|
340 |
General power of entry for Part X of the Act |
|
|
341 |
Authority to instruct Head of Law and Corporate Governance to take legal proceedings for obstruction |
|
|
348 & 348A |
Registration of houses in Multiple Occupation |
|
|
348 B-F |
Special control provisions |
|
|
348G |
Authority to instruct Head of Law and Corporate Governance to commence prosecution for offence in connection with a registration scheme |
|
|
350 |
Power to require information |
|
|
352 |
Power to serve a notice for execution of works to render premises fit for number of occupants |
|
|
352A |
Recovery of expenses of notice served under 352 |
|
|
354 |
Power to serve a notice to limit numbers of occupants |
|
|
355 |
Authority to instruct Head of Law and Corporate Governance to instigate proceedings for failure to comply with direction limiting number of occupants |
|
|
356 |
Power to serve a notice to require information as to occupation levels |
|
|
358 |
Notice requiring the abatement of overcrowding |
|
|
363 |
|
