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Salford City Council - Record of Decision (Cabinet)
 
I
Councillor Tracy Kelly,
Statutory Deputy City Mayor, in
exercise of the powers contained within the City Council
Constitution do hereby
approve:
 
1.   
Authorizes officers to
commence a formal consultation exercise on proposals to designate a
new Selective Licensing scheme which will cover parts of the
Broughton and Kersal & Broughton
Park wards.

 
The Reasons are:
Following on from the report in 2005 whereby the Lead Member
approved the phased approach of introducing Selective Licensing,
the Landlord Licensing Team has successfully implemented two
schemes in this area. This most recent scheme expired in January
2021, officers have now reviewed the impact of the scheme. Analysis
based on local intelligence, officer knowledge and the collection
of evidence it has identified that parts of the Broughton and
Kersal
& Broughton Park wards might be suitable
for a further designation of Selective Landlord licensing. It is
considered that the scheme will complement the wider regeneration
in the area that Salford City Council is helping to deliver.
Selective Licensing will address existing issues of poor property
and tenancy management in privately rented accommodation. The
scheme will also ensure that new landlords investing in the
designated area understand what is expected of them and will
sustain the strong community that the regeneration programmes have
worked hard to establish.
Options considered and rejected were:

Take
no action – this would be inconsistent with established
Council policy and would fail to address the legitimate concerns of
residents, local elected members and other stakeholders regarding
the impact of the private rented sector on the local housing
market.
Defer
the consultation of selective licensing in Broughton and
Kersal & Broughton Park
area.

 
Assessment of Risk:
The risk is considered
low.  The report is seeking authority to
commence a consultation exercise.  This
exercise will be conducted in accordance with the requirements of
the relevant legislation, government guidance, case law and best
practice.
The source of funding is:
Landlord Licensing is a self-financing scheme. If implemented in
this area the costs for running the scheme will be recovered
through revenue acquired from the licence fee chargeable to
landlords.
Legal Advice obtained:
Yes contact officer Farrah Ehsan
In
accordance with the provisions of section 80 of the Housing Act
2004 (‘the Act’) a local authority may designate either
the area of their district or an area in the district as subject to
selective licensing if it considers that the first or second set of
‘general conditions’ as defined in section 80(3) or
80(6) of the Act, or indeed any other conditions specified in an
order under subsection 80 (7) of the Act as an additional set of
conditions are satisfied in relation to the area. 
 
In
this instance the report confirms that the Council considers that
the first set of ‘general conditions’ as set out in
section 80 (3) are satisfied in relation to the proposed area,
namely that:
 
i) The area
is, or is likely to become, an area of low housing demand;
and
ii)
That making a designation will, when combined with other measures
taken in the area by the local housing authority, or by other
persons together with the local housing authority, contribute to
the improvement of the social or economic conditions in the
area.
 
Section 80 of the Act sets out a number of matters which a
council must consider when deciding if an area is or is likely to
become an area of low housing demand.
 
Pursuant to section 81 of the Act the Council must also ensure
that any exercise of the power is consistent with the
authority’s overall housing strategy and that the Council
seeks to adopt a co-ordinated approach in connection with dealing
with homelessness, empty properties and anti-social behaviour, both
as regards combining licensing with other courses of action
available, and as regards combining such licensing with measures
taken by other persons.
 
Further consideration has been given to the non-statutory
guidance issued by Department for Levelling Up, Homes &
Communities (Selective licensing in the private rented sector
– A Guide for local authorities’ June2023
‘Selective Licensing in the Private Rented Sector’
(DLUHC June 2023).
 
Section 80 of the Act requires that before making a designation
the Council must take reasonable steps to consult persons who are
likely to be affected by the designation and consider any
representations made in accordance with the consultation and not
withdrawn. This must be done for a minimum of 10 weeks.
 
When
exercising its functions, the Council must have regard to the
Public Sector Equality Duty as set out in section 149 of the
Equality Act 2010. Full impact assessments must be undertaken in
relation to the proposals to both measure and record compliance
with this duty.
 
Financial Advice
obtained: Yes contact officer Paul
Guest
This
report seeks to obtain approval to go out to consultation for a
Selective Licensing scheme within the Broughton area, and as such
there are minimal financial implications as the work will be
carried out within existing resources.
 
Any
costs incurred in facilitating the statutory consultation will be
met from the Housing Regulatory services revenue budget and are
estimated to be no more than £7,500
 
If the
scheme is implemented the costs for running the scheme would be
self-financing from the fees chargeable to landlords
 
Procurement Advice obtained:
If
approved, the consultation will be undertaken by existing internal
staff resources.  Existing frameworks
will be utilised for printing and stationary.
 
HR Advice
obtained: Yes contact officer Steve
Hulme
If
approved, the consultation will be undertaken by existing staff
resources.
 
Climate Change Advice
obtained: Yes contact officer Mike
Hemingway
Selective Licensing can assist in identifying rented properties
in poor condition.  Where these
properties are inspected and low energy performance is noted,
measures will be required to be undertaken to improve the
efficiency of the property.  Tenants
identified as being in fuel poverty are referred to appropriate
schemes.
 
 
The following documents have been used to assist the decision
process:
Appendix A draft Consultation document Broughton
 
(if
the documents disclose exempt or confidential information, they
should not be listed, but the following wording shall be inserted :
"(The relevant documents contain exempt or confidential information
and are not available for public inspection)":-

Contact Officer:
   Anne Arcus / Sarah Hughes                     
Telephone
number: 0161 793 2249 /
3087
 

-      
The appropriate scrutiny to call-in the decision is
the Community and Neighbourhoods Scrutiny panel         

 

Signed:
    Councillor Tracy
Kelly                 
  Dated:  09.07.24                                                    
Statutory Deputy City Mayor
 

For Democratic
Services use only

 

This decision was
published on  09.07.24                                           

This decision will
come in force at 4.00 p.m. on 16.07.24                   
                              
unless it is called-in in
accordance with the Decision Making Process Rules.