ABRIDGED AND AMMENDED PRIVATE SECTOR HOUSING FINANCIAL ASSISTANCE POLICY

Transcription

1 ABRIDGED AND AMMENDED PRIVATE SECTOR HOUSING FINANCIAL ASSISTANCE POLICY APPENDIX TO DPR 1690 (amended by DPR 2051) 1. STATUTORY FRAMEWORK 1.1 The Regulatry Refrm (Husing Assistance) (England & Wales) Order 2002 gives lcal authrities a general pwer t help with imprving living cnditins r prviding adaptatins, taking accunt f lcal cnditins. Article 3 f the rder requires the lcal authrity t have a published plicy setting ut the type f assistance it will ffer and in what circumstances befre exercising this pwer. 1.2 The Cuncil published a Private Sectr Husing Renewal Strategy in Nvember 2003, which included its grant plicy. The grant plicy has been subject t several revisins and is nw replaced by this financial assistance plicy, which meets the requirements f Article 3 f the rder. 2. FUNDAMENTAL PRINCIPLES OF THE FINANCIAL ASSISTANCE POLICY 2.1 Pr husing cnditins This financial assistance plicy is based n the cuncil s view that private sectr wners are primarily respnsible fr maintaining their wn prperty and that thse with significant capital in their prperty shuld be expected t make use f it t fund wrks t their hme. As a result the cuncil des nt generally prvide discretinary funding t assist wners with the cst f wrks f repair r imprvement. The exceptin is the decent hmes grant targeted at vulnerable residents in nn-decent hmes (see 3.4). Advice and supprt is given t wner ccupiers in rder t assist them in undertaking necessary imprvements t their prperty. In way f assistance Barnet subscribes t Huseprud, a natinal equity release scheme perated by the Hme Imprvement Trust. The scheme is tailred t assist vulnerable residents t access equity capital in rder t maintain their prperties (see 3.7). Funding fr the Decent Hmes Scheme was been btained frm the Greater Lndn Authrity (GLA) thrugh the Nrth Lndn Husing Sub Regin fr wrk t bring certain prperties up t the Decent Hmes Standard. The sub regin cmprises six partner authrities namely Barnet, Camden, Enfield, Haringey, Islingtn and Westminster. The Decent Hmes Grant prgramme in its present frm ends in March 2013 and subject t additinal funding being made available may be extended beynd this. 2.2 Bringing empty hmes back int use In 2011, 1567 empty prperties were recrded as lng term empty in the private sectr within the Lndn Brugh f Barnet. The cuncil established a set f bjectives and pririties fr empty prperties in rder t bring private sectr 1

2 empty prperties back int use. There are many benefits t bringing them back in t use including: meeting husing need by increasing the prvisin f affrdable husing; reducing vandalism and anti scial behaviur and crime; enhancing the lcal envirnment; reducing blight; reducing infestatins by vermin; funding frm the New Hmes Bnus. As well as the cst t the wner because f lst rental incme, dilapidatin, security, insurance, cuncil tax etc an empty prperty can be cstly t the Cuncil because f staff time dealing with cmplaints, nuisance and fr every prperty recrded as lng term empty brught back int use the Cuncil will receive a New Hme Bnus. The Cuncil s aim is t ensure that prperties in the private sectr are nt allwed t fall int such pr cnditin that they are detrimental t the lcal envirnment. It intends t use its pwers f enfrcement, such as Cmpulsry Purchase Orders, Enfrced Sales and Empty Dwelling Management Orders, t deal with empty prperties. In rder t encurage wners t bring empty prperties back int use the cuncil is ffering financial assistance t landlrds and wner-ccupiers. Empty prperty wrk is currently partly funded by the Nrth Lndn Husing Sub Regin and partly funded frm the Cuncil s Empty Prperty Prgramme. 3. FINANCIAL ASSISTANCE PRODUCTS 3.3 Empty Prperty Assistance (amended June 2013) Budget permitting, assistance is available frm the Cuncil fr bringing lng-term empty residential prperties in the Brugh back int use under the Regulatry Refrm (Husing Assistance) Order Fllwing the initial letter ffering Empty Prperty Financial Assistance, the ffer will remain pen fr a maximum f six mnths. After this time the ffer f grant wuld nrmally be withdrawn. Fur types f Empty Prperty Financial Assistance are available: assistance fr prspective wner-ccupiers (in lng term care) assistance fr prspective wners ccupiers (key wrkers) assistance fr prspective landlrds assistance fr prspective landlrds (where wrk is undertaken by agreement with LBB r an alternative agreed prvider) Empty Prperties Assistance fr wner-ccupiers The Cuncil may ffer assistance t wner-ccupiers wh wish t return empty prperties t husing use in the fllwing circumstances: 2

3 the applicant is in lng term care and due t disrepair is unable t return t their prperty; Empty Prperties Assistance fr Owner Occupiers (Key Wrkers) The Cuncil may ffer financial assistance t key wrkers where: the purchase price f the prperty was 500,000 r less. the applicant wns n ther prperties. A Key Wrker is defined as a Public Sectr Emplyee wh is cnsidered t prvide an essential service. Specific Cnditins fr Bth Types f Owner Occupier Assistance the prperty has been empty fr 6 mnths r mre the applicant wns the freehld f the prperty and is respnsible fr all structural repairs, r the applicant has a lease with at least 8 years t run and any required freehlder permissin fr the prpsed wrks is btained the prperty des nt meet the Decent Hmes Standard. the applicant has Planning Permissin fr the prpsed wrks r an Established Use Certificate the applicant has n utstanding debts t the Cuncil e.g. Cuncil tax arrears applicants wh wish t cnvert a larger prperty int flats, and mve int ne f the units will be entitled t a Landlrd s Financial Assistance fr the wrk (see belw) the prperty must remain ccupied by the applicant r immediate family. This is nt time limited. the maximum assistance fr wner-ccupiers is 20,000, subject t a reasnable cst assessment. The applicant s eligibility will be determined by a means test using the frmula r methd dictated by the Husing Renewal Grants Regulatins 1996 (as amended). the prperty shall be ccupied within 1 mnth f cmpletin f the wrk a charge is registered against the prperty s that if the prperty is sld, r the deeds are transferred, the grant must be re-paid. In additin, if the prperty is allwed t fall vacant unreasnably, fr a perid f 6 mnths r mre, the grant must be repaid. If any f the cnditins are cntravened fllwing the cmpletin f the wrks then the full sum will have t be repaid t the Cuncil. This is nt time limited. The Cuncil has the discretin t pay 50% f the mney up frnt e.g. where wrks t prperties have stalled due t a lack f funds. Empty Prperty Assistance Cnditins (wner-ccupiers): In additin t the cnditins abve re-payment cnditins apply as detailed in paragraph 4.3 verleaf Empty Prperties Assistance fr landlrds This assistance may be used fr wrk t: bring a residential prperty up t the Decent Hmes standard and/r, cnversin f the prperty int self-cntained flats and/r, 3

4 demlitin and rebuild (prviding there is an increase in the units f available husing) r, assisting with the purchase f a lng term empty prperty r, cnversin f a cmmercial unit int residential accmmdatin. The cuncil may ffer assistance t landlrds t return empty prperties t husing use in the fllwing circumstances: the prperty has been empty fr 6 mnths r mre the applicant is/will be the wner r leasehlder f the prperty and is respnsible fr all structural repairs the prperty des nt meet the Decent Hmes Standard the applicant intends t, (and the prperty is acceptable) t rent ut the prperty fr a minimum f three years t Barnet Hmes r an alternative Scial Husing prvider apprved by the Cuncil, t huse peple in husing need nminated by the Cuncil the applicant has any required Planning Permissin fr the prpsed wrks r an Established Use Certificate (including Building Regulatin Apprval) the applicant has any required freehlder permissin fr the prpsed wrks the landlrd is a fit and prper persn as defined under sectin 66(2) f the Husing Act 2004 this includes nt cntravening any prvisin f the law relating t husing r landlrd and tenant law. The maximum sums fr landlrd assistance are shwn in the fllwing table. This plicy prvides the discretin t reduce the Maximum Assistance thrugh an Officer Agreed Delegated Pwers Reprt where demand utweighs the budget available. Number f Bedrms Maximum Assistance Early Bird incentive paid where a full Applicatin is * See belw 1 15,000 1, ,000 2, ,000 2,500 If the prperty is available fr letting befre 31st March * See belw Prvisin f annual Gas Safety recrd fr the 3 years f letting t Barnet Hmes This plicy prvides the discretin t add tp ups t the grant t prmte the scheme, r where landlrds wrk clsely with the Cuncil. This can include but is nt limited t: an Early Bird Incentive (applying befre a certain date), a Certificate Service (fr example where the Cuncil will prvide Energy Perfrmance, Gas Safe Certificate and Electrical Cnditin Reprt) A Lyalty Scheme fr landlrds signing up fr extended nminatin rights Applicants can apply fr up t a maximum f 6 units per prperty. Additinal units may be agreed at the discretin f the Private Sectr Husing Manager. 4

5 Empty Prperties Assistance fr Prspective Landlrds (where wrk is undertaken by agreement by LBB r alternative agreed by LBB) This plicy prvides the discretin t prvide this financial assistance if it is fund t be viable fllwing an assessment f the business case. The Cuncil is currently investigating the practicalities f this ptin. The service wuld enable landlrds withut access t funds up frnt, willing t let the prperty thrugh Barnet Hmes, r an alternative agreed prvider t agree t LBB r alternative agreed by LBB cmpleting the necessary wrks. The wner wuld need t agree frmally t any csts nt cvered by the Financial Assistance plus an administrative fee being accrued back thrugh the rental incme. The prperty must be let t Barnet Hmes r an alternative Scial Husing prvider apprved by the Cuncil t huse peple in husing need nminated by the Cuncil fr three years r until the assistance plus fee has been repaid, whichever is the lnger. Empty Prperties Assistance fr Prspective Landlrds- Specific Cnditins the prperty must be let fr a minimum f three years t Barnet Hmes r an alternative Scial Husing prvider apprved by the Cuncil t huse peple in husing need nminated by the Cuncil. applicants are required t cnvert r imprve the prperty t Barnet Hmes Prperty Standards (r an alternative agreed by LBB) and the Decent Hmes Standard the prperty (and its fixtures, fittings and furniture) must be fully insured. The Cuncil will require a cpy f the current insurance certificate t be prvided befre the assistance can be paid all wrks listed n the specificatin f wrks and all units within the prperty must be cmpleted befre the final payments can be made final payments are subject t cnfirmatin frm Barnet Hmes (r an alternative agreed by LBB) that the wrks meet the standards agreed the wner (r agent, if any) must be accredited under the Lndn Landlrds Accreditatin Scheme befre final payment can be made wrks shuld be started within 3 mnths and cmpleted within 9 mnths f apprval t claim the payments a cpy f the builder s final accunt with all relevant certificates e.g. building cntrl, gas/electrical certificates, rf/damp guarantees etc must be prvided n cmpletin. the prperty shall be ccupied within 1 mnth f cmpletin f the wrk applicants are required t fund 25% f the reasnable cst f the wrks and imprvement f the prperty up t the maximum sums shwn abve s fr example, if the ttal cst f the wrk is 20,000 in a tw bed prperty, the assistance will be 15,000. The maximum sums are inclusive f any VAT incurred by the applicant, a charge is registered against the prperty s that if the prperty is sld, r the deeds are transferred, the financial assistance must be re-paid. In additin, if the prperty is allwed t fall vacant unreasnably, fr a perid f 6 mnths r mre, the financial assistance must be repaid. If any f the cnditins are cntravened fllwing the cmpletin f the wrks then the full sum will have t be repaid t the Cuncil 5

6 The Cuncil has the discretin t pay 50% f the mney up frnt e.g. where wrks t prperties have stalled due t a lack f funds Empty Prperty - Tp Up Hmes and Cmmunities Agency (HCA) tp up grant is an additinal funding f up t 13,000 per empty prperty t supprt the main Empty Hmes Prgramme. It is limited t a minimum f 14 prperties (9x2 bed and 5x 3 bed). On cmpletin they must be let at 80% f the prevailing market rates. A cnditin f this funding is that the prperty is let t the Cuncil fr a minimum f 5 years and landlrds will be expected t enter int a legally binding agreement with the Cuncil. This culd be in the frm f a lease and/r registered Lcal Land Charge. In additin t the criteria listed fr Empty Prperties Assistance fr Prspective Landlrds, this funding may be used t: bring a residential prperty up t the Decent Hmes standard and/r, cnversin f the prperty int self-cntained flats This funding may als be used where the Empty Prperties Assistance fr Prspective Landlrds has been put twards the cst f purchasing a lng term empty prperty. The Tp Up can be used t cver the remaining 25% f the landlrds match funding element. The Tp Up element is a grant and as such is nt repayable althugh it will be reclaimed if the landlrd terminates the lease within the initial five year perid and/r the abve cnditins are nt cmplied with. It is repayable n a pr-rata basis. Additinal funding is currently being applied fr frm the Hmes and Cmmunity Agency. This plicy prvides the discretin t use any new funding secured frm this r any alternative funding streams in line with the funding criteria and in additin t the financial assistance prvided thrugh this plicy. It will nt be used as an alternative t the prpsals cntained in this plicy. 3.4 Decent Hmes The Decent Hmes standard is the minimum benchmark standard fr husing in bth the scial and private sectrs. In Barnet 44,435 hmes were nn-decent in (Surce: Building Research Establishment). A hme is decent if: i) It cntains n serius (Categry 1 HHSRS) hazards ii) It is in a reasnable state f repair iii) It has reasnably mdern facilities and services i.e. a reasnably mdern kitchen (20 years ld r less) with adequate space and layut; an apprpriately lcated and reasnably mdern bathrm (30 years ld r less) and tilet; adequate insulatin against external nise (where external nise is a prblem); and 6

7 adequate size and layut f cmmn areas fr blcks f flats iv) It prvides a reasnable degree f thermal cmfrt i.e. it has efficient heating and insulatin In certain cnditins an applicant may apply fr mre than ne grant where the prperty fails mre than ne f the decent hmes criteria but is subject t funding being available. Mnies may als be directed frm ther grant budgets. Decent Hmes Grants are funded frm the reginal husing pt, targeted funding stream, allcated t the Nrth Lndn Husing Sub Regin by the Gvernment Office fr Lndn. There are 2 types f grant funding available; Decent Hmes and Categry 1 Hazards Decent Hmes Grant The aim f this grant is t prvide assistance t undertake repairs and imprvements t make the prperty decent under the full Decent Hmes standard as described abve. If the full standard cannt reasnably be achieved fr whatever reasn, cmpliance can be reduced n the fllwing rder f pririty: i. criterin a (categry 1 hazards), ii. criterin d (thermal cmfrt) iii. criterin b (reasnable repair) iv. criterin c (reasnably mdern facilities and services). v. The assistance is fr prperties which cntain a vulnerable husehld but excludes assistance fr landlrds. Fr the purpses f Decent Hmes Grant eligibility vulnerable wner ccupiers are identified as thse wh are in receipt f ne r mre f the principal incme related r disability benefits (as defined by the current DCLG Decent Hmes Guidance as this list f benefits is subject t change and threshld limits). The cst f wrks subject t a Decent Hmes grant is set at 3,750. This is an average figure t ensure that the spend is nt mre than this figure per unit (i.e. cheaper cases ffset mre expensive nes). This funding is sub-reginally funded and the financial rules fr this grant are set sub-reginally Categry 1 Hazards Grant The Categry 1 Hazards Grant is available bth t landlrds and wner ccupiers f all descriptins, prvided the dwelling cntains a vulnerable husehld. In Huses in Multiple Occupatin (HMO's) it is available prvided a vulnerable husehld is affected by the categry 1 hazard. In all cases the cnsent f the ccupier is necessary. The aim f the grant is t reduce the mst serius categry 1 hazards first. Althugh the prperty des nt have t be free f categry 1 hazards when wrk is cmplete, this will be the bjective. There is a 2,000 grant limit per unit. This is an average figure, s that when all cases are averaged, the spend is n mre than 2,000 per unit, i.e. cheaper cases ffset mre expensive nes. This funding is sub-reginally funded and the financial rules fr this grant are set sub-reginally. 7

8 4. Re-payment Cnditins 4.3 Empty Prperties Assistance See paragraphs 3, 3.3.1, 3.3.2, and abve. 4.4 Decent Hmes Grants Where a Decent Hmes Grant is prvided a charge is registered against the prperty s that if the prperty is sld, r the deeds are transferred within 10 years f cmpletin f the wrks, the grant must be re-paid. In additin, if the prperty is allwed t fall vacant unreasnably, fr a perid f mre than 6 mnths, the grant must be repaid. 5. General cnditin relating t all grants 5.1 The payment f all financial assistance, r part theref, is cnditinal upn: (i) the eligible wrks r the crrespnding part f the wrks being executed t the satisfactin f the authrity, and (ii) the authrity being prvided with an acceptable invice, demand r receipt fr payment fr the wrks and any preliminary r ancillary services r charges in respect f which the grant r part f the grant is t be paid. Fr this purpse an invice, demand r receipt is acceptable if it satisfies the authrity and is nt given by the applicant r a member f his/her family. 5.2 Fr the purpses f cnditin 5.1 member f his/her family includes: (i) spuse r civil partner, persns living tgether as husband and wife r as if they were civil partners, r (ii) parent, grandparent, child, grand-child, brther, sister, uncle, aunt, nephew r niece. Fr the purpse f subsectin 5.1(i) and (ii): (iii) a relatinship by marriage r civil partnership shall be treated as a relatinship by bld, (iv) a relatinship f the half-bld shall be treated as a relatinship f the whle bld, (v) a stepchild f a persn shall be treated his/her child, and (vi) an illegitimate child shall be treated as the legitimate child f his mther and reputed father. 8